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344. There is also concern that the Standing Committee of Vietnam’s National Assembly
issued an ‘Ordinance Regarding Religious Belief and Religious Organizations’ on 18 June 2004.
The Ordinance confines all religious activities to “religious establishments”. This Ordinance has
restricted the religious activities of Hoa Hao Buddhists, who tend to carry out private acts of
home-based worship.
Response from the Government sent on 24 January 2006
345. The Government indicated that, on 2 April 2005, Vo Van Thanh Liem threw petrol at 3
women while they were doing morning exercises, causing eyes injuries to Ms. Tran Thi Hang
(injury percentage: 17%). On 5 April 2005, Ms. Hang lodged a request for legal action against
Mr. Liem. On 5 August 2005, Mr. Liem was arrested and charged for “intentionally causing
injury or doing harm to the health of other persons” (Article 104 of the Penal Code of Vietnam).
The arrest was made while he was in his residence. On 15 September 2005, the People’s Court of
Cho Moi district, An Giang province, put Mr. Vo Van Thanh Liem on trial and sentenced him to 6
years and 6 months of prison for his offence. There has been no appeal from Mr. Liem.
Observations
346. The Special Rapporteur is grateful for the Government’s response; however, she would
like to enquire about the rationale behind the provisions of the ‘Ordinance Regarding Religious
Belief and Religious Organizations’ which confine all religious activities to “religious
establishments”. In this regard, she wants to remind the Government of article 6 of the 1981
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief, according to which the right to freedom of thought, conscience, religion or
belief includes the freedom, “(a) To worship or assemble in connection with a religion or belief
[…]; (c) To make, acquire and use the necessary articles and materials related to the rites or
customs of a religion or belief”. Furthermore, the Special Rapporteur would like to refer to her
framework for communications, more specifically to the international human rights norms and to
the mandate practice concerning “Freedom to worship” (see above para. 1, category I. 3. a) and
“Places of worship” (category I. 3. b).
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