E/CN.4/1999/58/Add.2 page 4 have not transmitted a list of the religious prisoners released, stating that the competent authorities had not supplied that information to the Ministry. The Special Rapporteur was able to organize a private interview, in Ho Chi Minh City, with a Protestant religious leader, the Reverend Paul Ai. It will therefore be realized that the circumstances and conditions of his visit have limited the amount of information that the Special Rapporteur has been able to collect and include in this report. 6. The Special Rapporteur wishes to add that, prior to his visit, he welcomed the positive amnesty measures since they formed part of a policy of dialogue and development that augured well for his visit. While thanking the Government of Viet Nam for its invitation, the Special Rapporteur wishes to recall the need to respect the rules and guarantees linked to his mandate, particularly freedom of movement and freedom to meet any person likely to supply him with relevant information, without any constraints or negative consequences. 7. The Special Rapporteur has focused his attention on legislation and policy in the field of tolerance and non-discrimination based on religion and belief and on the situation of the religious communities. I. A. LEGISLATION IN THE FIELD OF TOLERANCE AND NON-DISCRIMINATION BASED ON RELIGION OR BELIEF Constitutional provisions and the Special Rapporteur's concerns 8. Freedom of religion or belief is guaranteed by article 70 of the Constitution of 15 April 1992 in the following terms: “The citizen has the right to freedom of belief, of religion, to embrace or not to embrace any denomination. Religions are equal before the law. The places reserved for the worship of the various beliefs and religions are protected by the law.” However, this same article 70 also provides as follows: “It is forbidden to violate freedom of belief, of religion, or to take advantage of it to act against the law or the policies of the State.” 9. The Special Rapporteur has some queries about this provision, which establishes the principle of the priority of the policies of the State, a vague and extendable concept that could be potentially restrictive of religious freedom and its manifestations. This concern proves to be quite legitimate when, in connection with the policy of the State and its impact on freedom of religion, reference is made to article 4 of the Constitution, which states that “The Communist Party of Viet Nam ... following Marxism-Leninism and the thought of Ho Chi Minh, is the guiding force of the State and of society”. These two articles, by their wording and their association, are likely to impede freedom of religion or even reduce it to very little indeed.

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