E/CN.4/1999/58/Add.2
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they are prevented from practising their religion; this is contrary to
international standards, in particular the Standard Minimum Rules for the
Treatment of Prisoners (rules 41 and 42).
121. The amnesties recently granted by the Vietnamese authorities to
prisoners of different denominations (EBUV, Catholics, Hoa Haos, Cao Dais) are
welcome developments and hold promise for positive changes. After their
release, however, both congregants and clergy must be able to resume their
religious activities in full freedom and full citizenship (granting of a
residence permit, restoration of property, etc.). The Special Rapporteur also
encourages the Vietnamese Government to extend the amnesty measures to all
prisoners detained for peacefully and lawfully exercising their right to
freedom of opinion, conscience, expression and religion.
122. Lastly, with regard to the situation of the religious communities as a
whole, whether they enjoy lawful recognition, de facto recognition or are
prohibited, the Special Rapporteur is of the view that there should be no
controls which could potentially undermine the right to freedom of religion
and belief and its manifestations, in particular through limitations,
constraints, prohibitions and sanctions against religious leaders,
individuals, organizations, places of worship and other religious property,
publications and other activities.
123. The Special Rapporteur encourages Viet Nam in this direction, in
particular towards a gradual and very broad extension of the progress observed
and discussed in this report to Vietnamese society as a whole and,
accordingly, to all religious communities and communities based on beliefs in
order that Viet Nam may effectively consolidate its role in the international
community.
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