E/CN.4/1999/58/Add.2
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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.