E/CN.4/1999/58/Add.2
page 6
15.
Under articles 19 et seq., the ordination of ecclesiastics at all levels
is subject to the approval of the authorities (the Provincial People's
Committee or, in the case of the highest dignitaries such as cardinals and
archbishops, the Council of Ministers). According to article 19, religious
congregations (or similar forms of collective religious life) must request the
permission and obtain the authorization of the Council of Ministers or of the
organization appointed by the Council in order to become active.
16.
Articles 23 et seq. establish, inter alia, that priests and religious
personnel ordained and appointed by religious organizations abroad must be
approved by the Council of Minsters and that individuals and religious
organizations within the country must ask the authorities' permission before
implementing guidelines coming from religious organizations abroad.
(b)
Decree No. CP/31
17.
Article 1 of this Decree defines administrative detention as an
administrative measure to punish persons who break the law, namely, according
to article 2, those who contravene national security, as defined in chapter 1
of the Penal Code.
18.
This Decree makes it possible to force the persons concerned to live and
work without leaving the place determined by the authorities and subjects them
to the monitoring and direction of the people and of the local authorities.
It thus gives authorization to place persons under police surveillance, report
on their activities and put them into “administrative detention” without a
court decision.
19.
The Special Rapporteur has expressed his concern at the extraordinary
powers conferred on the security services with regard to citizens, who can be
deprived of their freedom for offences which give rise to serious reservations
as to wording and content. Such offences could cover religious activities
that are fully legitimate under international law (see subsect. 3 below on the
Penal Code).
2.
Directives
20.
There are three directives that deserve particular attention:
Directive No. 379/TTg of 23 July 1993 and Directive No. 500 HD/TGCP of
4 December 1993 on religious activities and the directive of 2 July 1998 on
religion.
(a)
Directive No. 379/TTg
21.
This Directive provides that places of worship borrowed by the
authorities must be returned to the churches or their owners when their use is
no longer justified. It recalls that authorization to print religious books
must be given in accordance with the Publications Act. It specifies that:
“The censorship of religious productions must be carried out rapidly, in
accordance with the formalities provided for by the law”. As for the training
of religious personnel, conditions are set forth, including the “importance of
selecting persons who have fulfilled their civic duty perfectly”. The
Directive emphasizes, once again, the obligation of the various religions to