E/CN.4/1999/58/Add.2
page 29
the religious sphere continue. It is therefore essential for these areas of
freedom gradually to be extended to the entire religious sphere and, at the
same time, for most of the limitations which are illegal under international
law to be eliminated and only those limitations retained which are admissible
according to the International Covenant on Civil and Political Rights, the
1981 Declaration and the case law of the Human Rights Committee.
116. The current situation of the religious communities, in which
circumscribed areas of freedom are emerging within a general framework of
controls, limitations and even prohibitions, appears to be valid for all
religious dominations (considered as a whole rather than each community group
specifically), Buddhist, Catholic, Cao Dai, Hoa Hao, Protestant and Muslim
(the representatives of the Muslim community said that they enjoyed freedom of
religion and freedom to practise their religion, but also that their
association was the only Muslim association approved by the authorities for
all of Viet Nam).
117.
These limitations are the following:
(a)
It is not possible to establish and maintain religious communities
(Buddhist, Cao Dai, Hoa Hao, Muslim) freely and independently, with the
exception of the Catholic Church and most of the Protestant denominations; it
should nevertheless be noted that the Vietnamese Catholic Solidarity Committee
and the Evangelical Church of Viet Nam in Hanoi, while seemingly marginal,
appear to be counter-examples of free organizations. Furthermore, while the
inherent independence of the Catholic Church of Viet Nam appears to be well
established, the situation of the Protestant denominations is more fragile in
that their independence is as much a result of the authorities' de facto and
extralegal recognition of them, and even their clandestine nature, as their
fierce opposition to official pressure seeking to control them within a single
organization. In this connection, the particular situation of Protestant
denominations of ethnic minorities will be discussed below (para. 119). With
regard to the Buddhist, Hoa Hao, Cao Dai and Muslim communities, the standard
practice seems to be to establish organizations controlled by the authorities
and/or having chosen to accommodate their concerns. The question then arises
of the dissident groups within these communities which have decided not to
sacrifice to the authorities any of their freedom of religion or belief or
forms these freedoms make take, namely, according to the Special Rapporteur's
knowledge, the EBUV, the Khmer Krom Buddhist Association, the former Cao Dai
Council of Priests and the former Hoa Hao Buddhist Congregation. The specific
situation of these organizations, which are not recognized, and even
prohibited, by the authorities, will be discussed below (para. 118).
(b)
All of the religious communities are prevented from conducting
their religious activities freely and are therefore subject to interference
from the authorities. The programme of religious activities must be submitted
to the authorities for approval.
(c)
The training of the religious communities' clergy is subject to a
numerus clausus and their candidatures must be approved by the authorities.
(d)
The appointment of clergy and the inauguration of the highest
religious dignitaries must be approved by the authorities.