\u201cThis law, if adopted in its current form, will put a straight-jacket on religions\u201d <\/em><\/strong>said VCHR President Vo Van Ai, one of the letters\u2019 co-sponsors. \u201cIt legalises government interference into all aspects of religious life, and rejects the very existence of organisations which cannot, or do not want to register with the State. This is against the very principle of freedom of religion or belief enshrined in the ICCPR, to which Vietnam is a state party\u201d. According to the signatories, the draft law places \u201cunacceptable restrictions on the right to freedom of religion or belief and other human rights\u201d, <\/em>and \u201cinherit[s] from previous rules and regulations this emphasis on government control and management of religious life which is contrary to the spirit and principle of the right to freedom of religion and belief\u201d. This is the first time Vietnam will adopt a law on religion and belief. Until now, religions have been regulated by a series of ordinances and decrees. Previous versions of the draft, which were circulated to religious communities for comment by the Government Committee for Religious Affairs, sparked off strongly critical reactions. However, the current text has taken no account of the religious communities\u2019 concerns. Moreover, apart from the Catholic Church, which has a special status in Vietnam, only State-recognised or State-sponsored religious bodies were consulted, not independent organisations such as the Unified Buddhist Church of Vietnam (UBCV) and non-recognised Christian, Cao Dai, Hoa Hao and Khmer Krom Buddhist communities.<\/p>\n to the President of the Vietnam National Assembly<\/strong> The Hon. Nguyen Thi Kim Ngan Dear National Assembly President Nguyen Kim Ng\u00e2n,<\/p>\n We, the undersigned civil society organizations, are writing to express our concerns about the proposed Law on Belief and Religion in Vietnam. The draft law, which has been revised several times and drawn strong criticism from many religious communities, is expected to be voted into law by the National Assembly at its session in October-November 2016.<\/p>\n The most recent draft was discussed at a high-level meeting of the Communist Party\u2019s Fatherland Front on 17 August, and circulated to certain religious communities for comment. An examination of the draft law that was published on the National Assembly website<\/a> shows that the 9-chapter draft law contains some improvements, but also continues to place unacceptable restrictions on the right to freedom of religion or belief and other human rights. Specifically, basic guarantees of the right to freedom of religion or belief continue to be undermined by onerous registration requirements and excessive state interference in religious organizations\u2019 internal affairs. Indeed, this and the previous versions of the law inherit from previous rules and regulations this emphasis on government control and management of religious life which is contrary to the spirit and principle of the right to freedom of religion or belief.<\/p>\n As mentioned above, the draft was circulated to certain religious communities for comment. However, one Catholic body also objected to the short time, from 18 to 30 August, given for preparing their response to the draft law (1). Furthermore, independent religious groups not registered with the government, such as the United Buddhist Church of Vietnam, were not consulted.<\/p>\n There have been some welcome improvements made in the draft law, including provisions for the right to change one\u2019s religion, as well as to follow or not follow a religion, the right of some detainees “to use religious books and manifest their belief or religion\u201d, and the right of religious organizations to participate in activities such as education, vocational training, medical care and social and humanitarian assistance.<\/p>\n Nevertheless, the recommendations below have emerged from some of the particular concerns expressed by religious communities in Vietnam, which are shared by the undersigned organisations.<\/p>\n 1. The definition of a religion should be made consistent with Article 18 of the International Covenant on Civil and Political Rights (ICCPR).<\/strong><\/p>\n In the current draft, a religious organization has been defined as \u201ca group of people \u2026 which is recognized by the government\u201d<\/u> (our emphasis) (Article 2.13). This leaves members of religious organizations who cannot or choose not to register with the authorities in a legal limbo, with no legal safeguards for conducting religious activities.<\/p>\n 2. Registration with the government should not be made a pre-requisite for the exercise of freedom of religion or belief.<\/strong><\/p>\n The onerous and complex registration process requires approval from the authorities for religious activities, operations and status as an organization. The guarantees outlined in Article 18 of the ICCPR are independent of and cannot be conditioned on any domestic process of notification, authorisation, recognition or registration.<\/p>\n 3. The law must not allow officials to arbitrarily interfere in the internal affairs of religious organizations.<\/strong><\/p>\n Provisions in the law allow the authorities to interfere excessively in the internal decisions, appointments, training, teachings and programmes of religious organisations. Limitations on the manifestation of freedom of religion or belief must never exceed in either purpose or scope those permitted in article 18(3) of the ICCPR. As the UN Special Rapporteur on Freedom of Religion or Belief, Dr. Heiner Bielefeltd, said after his visit to Vietnam in 2014, \u201c\u2026<\/em><\/strong>registration should be an offer by the State but not a compulsory legal requirement.\u201d<\/em><\/strong><\/p>\n 4. Ambiguous and potentially discriminatory language should be removed.<\/strong><\/p>\n The draft law contains ambiguous language regarding \u201cgood traditional cultural values\u201d (Article 10.1) and \u201csowing division\u201d (Article 5.4), that could be used to discriminate against ethnic and indigenous minorities, independent groups and those whose religion or belief is seen as \u201cforeign\u201d (Article 2.12).<\/p>\n 5. Provisions should be made to establish legal channels and mechanisms for people to file complaints, and have those complaints independently investigated and acted on, in cases of alleged violations of the right to freedom of religion or belief.<\/strong><\/p>\n \u00a0<\/strong>For these reasons, we strongly urge that the law be revised, in consultation with religious community representatives, including those of non-recognized religious communities, and experts in international human rights law, to ensure that the law protects the right to freedom of religion or belief in line with article 18 of the International Covenant on Civil and Political Rights.<\/p>\n We look forward to hearing from you about this important matter. Please reply to the VCHR coordinator Penelope Faulkner at penelope.faulkner@gmail.com<\/a> or the CSW coordinator Benedict Rogers at benrogers@csw.org.uk<\/a>.<\/p>\n Sincerely yours,<\/p>\n Original signatories:<\/em><\/strong><\/p>\n Benedict Rogers Vo Van Ai Rafendi Djamin Phil Robertson Dimitris Christopoulos Nina Shea Hans Aage Gravaas Robert H\u00e5rdh Jostein Hole Kobbeltvedt Nguyen Dinh Thang <\/p>\n Additional signatories:<\/em><\/strong><\/p>\n Joshua Cooper Ven. Thich Thanh Quang L\u00ea Cong Cau Ven. Thich Huyen Viet Nguyen Van Lia Tran Ngoc Suong Charles Santiago MP Professor the Lord Alton of Liverpool Daniel Calingaert John Edmundson Ann Buwalda The 21st\u00a0Century Wilberforce Initiative<\/p>\n Faith J. H. McDonnell Lilly Bliatout Willy Fautr\u00e9 Vu Quoc Dung Former US Congressman Joseph Cao John Alles Tony Tran Katie Duong Rong Nay Pastor A Ga V\u0169 Qu\u1ed1c Ng\u1eef Hu\u1ef3nh Th\u1ee5c Vy Lanney Tran Nguyen Bac Truyen Vietnam Independent Civil Society Organizations Network (VICSON)<\/p>\n Matteo Mecacci Bob Fu Human Rights in China (HRIC)<\/p>\n Han Dong-Feng E-Ling Chiu Commonwealth Human Rights Initiative, New Delhi<\/p>\n Adilur Rahman Khan Alvin Jacobson Kathy Herbst Michael De Dora Sara Colm Isaac Six Helen Ngo Nguyen Thanh Dung Vietnamese FoRB Roundtable<\/p>\n Khin Ohmar Bj\u00f8rn Engesland <\/p>\n <\/p>\n ———————————<\/p>\n
\n<\/em><\/strong><\/p>\n
\n<\/em><\/p>\n![\"2016-1006z\"](\"http:\/\/queme.org\/app\/uploads\/2016\/10\/2016-1006z.jpg\")
<\/p>\nOpen Letter<\/strong><\/h2>\n
\n on Vietnam\u2019s draft Law on Belief and Religion<\/strong><\/p>\n
\nPresident, National Assembly of Vietnam
\nDoc Lap Street, Quan Thanh
\nBa Dinh, Hanoi<\/p>\n
\nEast Asia Team Leader, Christian Solidarity Worldwide<\/p>\n
\nPresident, Vietnam Committee on Human Rights<\/p>\n
\nDirector of Southeast Asia and Pacific Programme, Amnesty International<\/p>\n
\nDeputy Director, Asia Division, Human Rights Watch<\/p>\n
\nPresident, FIDH<\/p>\n
\nDirector, Hudson Institute Center for Religious Freedom<\/p>\n
\nSecretary General, Stefanus Alliance International<\/p>\n
\nExecutive Director, Civil Rights Defenders<\/p>\n
\nExecutive Director, Rafto Foundation for Human Rights<\/p>\n
\nCEO & President, BPSOS<\/p>\n
\nExecutive Director, Hawai’i Institute for Human Rights<\/p>\n
\nPresident, Executive Institute, Unified Buddhist Church of Vietnam<\/p>\n
\nChairman, Buddhist Youth Movement of Vietnam (GDPTVN)<\/p>\n
\nCharg\u00e9 d\u2019Affaires, Unified Buddhist Church of Vietnam Overseas<\/p>\n
\nThe Traditional Hoa Hao Buddhist Bloc<\/p>\n
\nThe Popular Council of Cao Dai Religion<\/p>\n
\nChairperson, ASEAN Parliamentarians for Human Rights (APHR)<\/p>\n
\nMember, UK All-Party Parliamentary Group on International Religious Freedom or Belief<\/p>\n
\nActing President, Freedom\u00a0House<\/p>\n
\nPresident, Agir Ensemble pour les Droits de l\u2019Homme<\/p>\n
\nExecutive Director, Jubilee Campaign USA<\/p>\n
\nDirector, Religious Liberty Program, The Institute on Religion and Democracy<\/p>\n
\nPresident and Founder, Southeast Asia Monitor for\u00a0Human Rights and Justice<\/p>\n
\nDirector, Human Rights Without Frontiers<\/p>\n
\nExecutive Director
\nVETO! Human Rights Defenders\u2018 Network<\/p>\n
\nChairman, Coalition for a Free and Democratic Vietnam<\/p>\n
\nExecutive Director, Montagnard Assistance Project<\/p>\n
\nChairman, Con Dau Parishioners Association<\/p>\n
\nOverseas Representative, Popular Council of Cao Dai Religion<\/p>\n
\nChairman, Montagnard Human Rights Organization<\/p>\n
\nRepresentative, Montagnard Evangelical Church of Christ<\/p>\n
\nCEO, Defend the Defenders<\/p>\n
\nCoordinator, Vietnamese Women for Human Rights<\/p>\n
\nChairwoman, Women for Human Rights in Vietnam<\/p>\n
\nVietnamese Political and Religious Prisoners\u2019 Friendship Association<\/p>\n
\nPresident, International Campaign for Tibet<\/p>\n
\nFounder and President, China Aid<\/p>\n
\nExecutive Director, China Labour Bulletin<\/p>\n
\nSecretary General, Taiwan Association for Human Rights<\/p>\n
\nSecretary, Odhikar, Bangladesh<\/p>\n
\nAmnesty International USA Group 56
\nLexington, MA<\/p>\n
\nAmnesty International Group USA Group\u00a0524
\nPittsburgh, PA<\/p>\n
\nDirector of Public Policy, Center for Inquiry<\/p>\n
\nCo-founder, Campaign to Abolish Torture in Vietnam<\/p>\n
\nAdvocacy Director, International Christian Concern<\/p>\n
\nChairwoman, Committee for Religious Freedom in Vietnam<\/p>\n
\nAssociation for Promotion of Freedom of Religions and Beliefs<\/p>\n
\nCoordinator, Burma Partnership<\/p>\n
\nSecretary General, Norwegian\u00a0Helsinki Committee<\/p>\n