By Jim Yost In an earlier post, an observer questioned the appropriateness of a demonstration by Khmer Krom that expressed their opposition to policies and practices of the Vietnamese regime. Perhaps such a question is rooted in ignorance of the facts of history…past and present…or is a result of innocent naiveté. Whatever label may be applied to the Vietnamese regime, … be it communistic, tyrannical, dictatorial, etc., … is not as important as the acknowledgement that the oppression and state-sponsored subjugation of the Khmer Krom continues. Far from “just denouncing it now,” the Khmer Krom have denounced communism since its inception in their environment, it is inherently in conflict with the Khmer Krom culture, especially the religious traditions and the fabric of family and village life. During the conflict in Southeast Asia, the Khmer Krom were noted for their loyalty to the non-communist forces, especially American Special Forces units. Even to this day, American veterans who served with Khmer Krom at their side have utmost admiration and respect for their devotion to duty. Most American soldiers who served with the Khmer Krom came to learn about their history, and this added a special impetus to their struggle. Not only were they fighting against communism, … they were also fighting with the hope that a victory against communism would some day lead to the liberation of their delta homeland, and perhaps even reunion with the Khmer motherland. History records that while the Khmer Krom were betrayed by the West, the Khmer Krom remain faithful to the cause of freedom for their people and culture. For them to gather, in whatever number, to voice their objections to demonic rule, is an act of courage and strength. In doing so, they open themselves to untold risks, but they are willing to take that chance in order to let the world know that their aspirations for freedom still burn like an unquenchable flame, despite decades of Vietnamese attempts to smother it. One only has to read the 1999 report to the United Nations Commission on Human Rights by the Special Rappateur (Investigator) on Religious Intolerance in Vietnam to see that the Khmer Krom are victims of religious oppression, cultural dilution, and ethnic ostracism, if not outright racism. The following are line items from that report that are most relative to the situation of the Khmer Krom in Vietnam. Any text in [ ] is added for clarification. UNITED NATIONS COMMISSION ON HUMAN RIGHTS Fifty-fifth session Item 11 (e) of the provisional agenda CIVIL AND POLITICAL RIGHTS, INCLUDING THE QUESTION OF RELIGIOUS INTOLERANCE Report submitted by – Mr. Abdelfattah Amor, SPECIAL RAPPORTEUR, in accordance with Commission on Human Rights resolution 1998/18 VISIT TO VIETNAM: Article 4. Some major and serious obstacles were encountered in connection with private interviews and movements. Various private meetings that had been arranged with members of the Cao Dai, Hoa Hao and Khmer Krom communities were unable to take place for reasons which require clarification and concerning which information subsequently received will be given below. 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. I. LEGISLATION IN THE FIELD OF TOLERANCE AND NON-DISCRIMINATION BASED ON RELIGION OR BELIEF A. 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. 10. There are concerns about the transposition of freedom of religion or belief, as guaranteed by the Constitution, into other legal provisions and, consequently, about the protection of this fundamental right in the Vietnamese legal system as a whole. B. Other legal provisions and the Special Rapporteur’s concerns 1. Decrees 11. There are two decrees that directly or indirectly relate to freedom of religion or belief, namely, Decree No. 69/HDBT of the Council of Ministers of 21 March 1991 on the regulation of religious activities and Government Decree No. CP/31 on administrative detention. (a) Decree No. 69/HDBT Article 7 guarantees religious activities, but, like articles 70 and 4 of the Constitution, raises some questions about the priority given to “policy lines” and “ideological education”. While article 8 provides that certain religious activities are not subject to government authorization, i.e. “ordinary activities within places of worship (such as prayer meetings, ceremonies, sermons and teaching catechism …) in accordance with the religious customs of the region”, it specifies that these activities, which are incidentally rather limited, must be programmed and registered every year. 13. All other religious activities, which are very diverse and numerous, are subjected to the authorization of the Provincial People’s Committee or of a corresponding administrative body, or even of the Council of Ministers (arts. 9 et seq.), including diocesan priests’ retreats and retreats for regular clergy from various orders among the Catholics, periods of meditation and fasting for Buddhist monks (art. 9), periodic conferences, national meetings of religious organizations (art. 10), repair or enlargement work changing the architecture of religious buildings (art. 11), charitable organizations, which have to operate within the guidelines of the competent State organs (art. 16) and the opening of religious schools (art. 17). Moreover, according to article 18, in the training schools for ecclesiastics and monks, the authorities reserve the right to verify the quality of the staff and monitor the teaching and ideological education. 19. The Special Rapporteur has expressed his concern at the extraordinary powers conferred on the security services with regard to citizens, who can be deprived of their freedom for offences which give rise to serious reservations as to wording and content. Such offences could cover religious activities that are fully legitimate under international law (see subsect. 3 below on the Penal Code). II. POLICY IN THE FIELD OF TOLERANCE AND NON-DISCRIMINATION BASED ON RELIGION OR BELIEF 36. Vietnamese policy on religious matters generally reflects, on the one hand, a gradual improvement in religious freedom, but in very limited areas subject to restrictions and, on the other, the maintenance of restrictions and checks by authorities anxious to prevent the establishment of organizations capable of questioning their authority and influence. The extent to which this policy is applied varies according to the willingness or reluctance of the local authorities to apply it and according to the religious community involved (see chap. III – Situation of the religious communities). III. SITUATION OF THE RELIGIOUS COMMUNITIES A. Buddhist community 44. The Special Rapporteur has studied the situation of Buddhists, in particular the United Buddhist Church of Viet Nam (EBUV) and the Khmers Krom community (descendants of the Khmers of the Angkor civilization, of Indian origin). He assembled information collected from the authorities, the Buddhist Association of Viet Nam, the prisoners of a re-education camp and other non-governmental sources. 47. The Special Rapporteur went to the place where a private meeting was to take place with representatives of the Khmers Krom, but the people he interviewed were unable to communicate any information whatsoever. After the visit, non- governmental sources indicated that the Khmers Krom representatives’ failure to make statements had apparently been due to pressure from the Vietnamese security services. 61. On the subject of the Khmers Krom and the allegation of their marginalization, including religious marginalization, the representative of the Buddhist Association of Viet Nam in Hanoi said that, while minor problems existed, their situation was generally satisfactory. It was stated that the Buddhist Association of Viet Nam was supporting the Khmers Krom, particularly by sending bonzes on study courses abroad. The representative at Hue said that the Khmers Krom were represented on the Central Committee of the Buddhist Association of Viet Nam. [i.e., the Khmers Krom were not permitted to submit a representative of their own selection.] 68. According to non-governmental sources, including themselves, the Khmers Krom, who are for the most part located in the Mekong Delta region, want their ethno-religious identity to be respected. To that end, while acknowledging the recent improvements in the field of religious practice and places of worship, the Khmers Krom are opposed to continued interference by the authorities in the internal religious affairs of the community. Several changes were requested, including: (a) The possibility of establishing a Khmers Krom Buddhist Association independent of the Buddhist Association of Viet Nam, which is described as a tool of the Vietnamese authorities; (b) Complete freedom of worship, particularly by suspension of the obligation imposed on all the Khmers Krom temples, especially in the province of Soc Trang, to celebrate the Kathinatean festival on the same day, contrary to Buddhist tradition, which allows that festival to be held in the month of October at a date selected by the faithful; (c) The return of the Khmers Krom temples and religious property confiscated by Vietnamese authorities since 1975; and (d) The possibility for former Khmers Krom monks who have been imprisoned to be reinstated in their temples and regain their ecclesiastical status. The Khmer Krom can serve as examples to their brothers across the border in Srok Khmer (Cambodia). Even though the Khmer Krom are isolated in an environment that is Vietnamese, within their hearts and minds they cherish and preserve those things that give them their identity as Khmer. Let no man look down on the Khmer Kampuchea Krom