E/CN.4/1999/58/Add.2 page 24 2. Information from the Muslim Association of Viet Nam 97. The representatives of the Muslim Association of Viet Nam stated that their community, which was centred basically in the south of the country and made up of ethnic Vietnamese and others originally from Malaysia, India and Indonesia, enjoyed freedom of religion. They emphasized that they were able to conduct, freely and fully, their religious activities, including prayer, religious festivals such as Ramadan, religious teaching including study abroad, the printing of religious works including the Koran, the movement of clergy, the pilgrimage to Makkah and correspondence between clergy, including foreign Muslim organizations. They said that the Muslim Association of Viet Nam, which had been banned after 1975, had been authorized once more in 1992 and was the only Muslim association in Viet Nam. They were satisfied with the number of places of worship and of imams. 98. Even so, they regretted the lack of financial resources needed to develop Islam in Viet Nam. While they appreciated the material and financial donations received from abroad (Saudi Arabia, Kuwait, Indonesia, Malaysia), they would have liked greater financial assistance. IV. CONCLUSIONS AND RECOMMENDATIONS 99. The Special Rapporteur's analysis of the situation in Viet Nam focused on legislation and State policies in the field of tolerance and non-discrimination based on religion or belief and, accordingly, on the situation of the religious communities. 100. The 1992 Constitution, which reflects Viet Nam's new policy lines in the field of fundamental freedoms, guarantees a number of fundamental rights, including the right to freedom of religion or belief. In conformity with international law, article 70 of the Constitution protects freedom to believe or not to believe. The second part of the article, however, addresses the question of limitations on freedom of belief, i.e. respect for the law and the policies of the State (see para. 8 above). 101. As a preliminary observation, the Special Rapporteur notes that, while it is true that international law provides for limitations on freedom to practise a religion or belief (as opposed to freedom of religion or belief per se), article 18 of the International Covenant on Civil and Political Rights and article 1 of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, like the Vietnamese Constitution, stipulate that all restrictions must be established by law. 102. However, whereas the two international instruments list the restrictions necessary for public safety, order, health or morals, or the fundamental rights and freedoms of others, article 70 of the Constitution also refers to “the policies of the State”. The concept of policy of the State appears, at first glance, to be quite vague and extendable: it may of course include State policies designed to guarantee public safety, order, health or morals, or the fundamental rights and freedoms of others, but it can also go further, to include restrictions not provided for under international law.

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