E/CN.4/1999/58/Add.2
page 9
29.
When told of the Special Rapporteur’s concerns about constitutional and
other legal and statutory provisions and provisions of international law
(including the International Covenant on Civil and Political Rights and the
Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief), the Deputy Director of the
Ministry of Justice stated that the Vietnamese legal system gave priority to
international law whenever domestic provisions were contrary to international
standards or were lacking.
30.
Replying to a question by the Special Rapporteur on the compatibility
between international standards guaranteeing rights and Vietnamese legal
machinery, which established the principle of authorization in respect of
those rights, the representative of the Ministry of Justice said that Viet Nam
was studying the question whether to retain the principle of authorization or
to establish the principle of a simple declaration and was conducting the
appropriate reviews aimed at bringing domestic legislation into line with
international legislation if necessary. He noted that the National Assembly
was studying the question whether to prepare an order relating to religion and
that United Nations technical assistance would be appreciated.
31.
In reply to the Special Rapporteur’s questions about the use in
Vietnamese legislation of vague and extendable concepts granting excessive
discretionary powers to law enforcement officials, the Deputy Minister of
Public Safety explained that the legislation clearly provided for freedom of
religion and belief and stressed that the law had to be respected by all,
including the police. In particular, he considered that the provisions of the
Penal Code, especially article 73, were sufficiently clear.
32.
The representatives of the Institute of Research into Religion said that
the Constitution clearly guaranteed freedom of religion and was consistent
with international law, although they did say that some articles might be
amended.
II.
POLICY IN THE FIELD OF TOLERANCE AND NON-DISCRIMINATION
BASED ON RELIGION OR BELIEF
A.
Non-governmental information
33.
According to information transmitted to the Special Rapporteur by
non-governmental organizations before and during his visit, Viet Nam’s
religious policy has undergone changes since 1990. The radical changes in
the world order resulting from the end of the cold war and the fall of the
Berlin Wall, together with globalization, have induced the authorities to
become more open in an effort to maintain their hold on power. This open
attitude has primarily been found in the economic area, but has also had
repercussions on religious policy in Viet Nam. From the standpoint of
domestic law, the Communist Party has recognized the “utilitarian value” of
religion and has decided to incorporate religion into State policy. The
Seventh Party Congress stated that “Most people have a spiritual need for
religions and beliefs; this need will persist for a long time to come”; and
that “there are a number of aspects to religious teachings which are
particularly useful for building a new society”.