E/CN.4/1999/58/Add.2
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110. The Special Rapporteur therefore recommends that the following steps
should be taken:
(a)
Ensuring that the provisions of existing legislation and of the
draft order relating to religion are in conformity with international law
(1981 Declaration, International Covenant on Civil and Political Rights and
Human Rights Committee General Comment No. 22);
(b)
As part of the procedure for bringing domestic legislation into
conformity with international law, on the one hand, relaxing or lifting the
limitations placed on the exercise of the right to freedom of religion or
belief, retaining only those limitations which are admissible, i.e. which do
not undermine the enjoyment of the right itself, and on the other, eliminating
the use of vague, imprecise and “catch-all” expressions, in order to formulate
and define clearly the conduct to be punished, so that everyone is fully aware
of what is prohibited.
111. The situation with regard to the Government's policy in the field of
tolerance and non-discrimination based on religion or belief, and hence with
regard to the religious communities, is not static. Since the policy of
openness was introduced in 1990, there have generally been some positive
developments, in particular the Government's recognition of the positive role
of religions and the fact that it is moving away from an anti-religious policy
and towards the authorization, within a framework that is well defined,
limited and controlled by the authorities, of religious practice and the
building of places of worship.
112. However, although this lifting of formal prohibitions may, in a way, be
regarded as reflecting a gradual, but clear-cut and controlled, improvement in
freedom of religion, the freedom involved is nevertheless subject to strict
conditions. The freedom and, therefore, the progress in question are granted
and withdrawn according to the pleasure of authorities having excessive
discretionary powers and power to act (i.e. interference).
113. This situation arises both from legislation providing the authorities
with unlimited powers and the policy of a Government and Communist Party
anxious to use an elaborate system of control (administrative machinery for
governing religious matters, triple system of control over society, and hence
church members and religious organizations, through the sector policeman, the
residence permit and the curriculum vitae) to prevent the emergence of any
organizations capable of questioning their power and influence.
114. Also worthy of emphasis in this connection is the fact that there are
seemingly different trends within the Communist Party and the Government,
competition between which would explain a situation of transition or change
whose meaning has not yet become fully clear. For a better understanding of
the situation, awareness is needed of the impact of history, i.e. the struggle
against colonialism and domination which is reflected today in an extreme
sensitivity to, bordering on exaggerated fear of, everything with the
potential to undermine Viet Nam's sovereignty and independence.
115. Lastly, the controlled areas of religious freedom described above are
part of a general situation in which limitations, and even prohibitions, in