A/HRC/13/40/Add.1
sect was a new Buddhist activity, the Government argued, in order to be accepted by a
majority of the Vietnamese people, Lang Mai sect needed to have a dialogue with the
Vietnamese Buddhist followers, to increase communication as well as knowledge about its
activities and abide by the regulations of the Vietnamese Buddhist Sangha. The Government
indicated that Most Venerable Thich Nhat Hanh at present still refused to have such a
dialogue. In this regard, the Government of Viet Nam had requested that in order to
continue to carry out their activities in Viet Nam and avoid passive acts and public
disagreement, the monks and nuns of Lang Mai sect should work with the Vietnamese
Buddhist Sangha on the modalities on leading a religious life in accordance with the
Buddhist tradition and abide by regulations and laws. For its part, the Vietnamese
Government emphasized that it always created favourable conditions for Lang Mai to carry
out its activities in Viet Nam. When the incident took place at Bat Nha monastery and
Phuoc Hue temple, the Vietnamese authorities had taken all measures to maintain the
security, order and protect life and property of the concerned persons and to ensure that the
regulations provided for by the Vietnamese laws and the charter of the Vietnamese Buddhist
Sangha were fully implemented on the ground. The Government also informed that a
delegation from the European Union Mission in Ha Noi, including the Swedish Counsellor
and the European Union Counsellor, had visited Lam Dong Province from 8 to 10
December 2009 to understand the reality of the incident on the ground. According to the
Government, the European Union Counsellor confirmed that no acts of destruction had
taken place at Phuoc Hue temple and agreed that if Lang Mai as well as any Buddhist
organization wished to carry out its activities, it should abide by laws and the charter of the
Vietnamese Buddhist Sangha.
(c)
Observations by the Special Rapporteur
271. The Special Rapporteur is grateful that the Government of Viet Nam replied to the
joint communication of 25 November 2009. She would like to take the opportunity to refer
to Human Rights Council resolution 6/37, in which the Council urges States “to take all
necessary and appropriate action, in conformity with international standards of human
rights, to combat hatred, intolerance and acts of violence, intimidation and coercion
motivated by intolerance based on religion or belief, as well as incitement to hostility and
violence”. In the same resolution, the Human Rights Council urges States to “ensure that, on
account of religion or belief or the expression or manifestation of religion or belief, no one
within their jurisdiction is deprived of the right to life, liberty or security of person,
subjected to torture or arbitrary arrest or detention, or denied the rights to work, education
or adequate housing, as well as the right to seek asylum, and to bring to justice all
perpetrators of violations of these rights”. Furthermore, all public officials and civil
servants, in the course of their official duties, should respect different religions and beliefs
and the Human Rights Council urges States to provide all necessary and appropriate
education or training.
272. The Special Rapporteur would like to reiterate the recommendations of her
predecessor in the country report after his mission to Viet Nam, in which Mr. Abdelfattah
Amor emphasized that “there should be no controls which could potentially undermine the
right to freedom of religion and belief and its manifestations, in particular through
limitations, constraints, prohibitions and sanctions against religious leaders, individuals,
organizations, places of worship and other religious property, publications and other
activities” (E/CN.4/1999/58/Add.2, para. 122).
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