THE PERSECUTION

　

The Cao Dai Church

Dispossession of Properties

On August 1, 1990, the authorities in Quang Ngai Province mobilized an armed force of 500 servicemen and a proctor to enforce the law, dispossessing Cam Thanh Temple of the Cao Dai Church on Phan Boi Chau Street. On November 1, 1990, when Cao Dai believers gathered for prayers at Trung Lap Temple, Duc Linh District, Thuan Hai Province, the local authorities rushed in to dissolve the ceremony and imposed a fine of $VN dong 200,000. During January 1992, thousands of the Church's believers were reportedly arrested and detained in unknown prisons and camps without judicial procedures, court proceedings, or trials.

On January 25, 1992, the Reverend Ngoc Sach Thanh, President of the Association for the Propagation of Caodaism Overseas, sent a second letter of protest to Party Secretary-general Nguyen Van Linh. The president asked Nguyen to reconsider a number of issues concerning the deliberate violations of human rights and the repression against the Cao Dai Church committed by the local authorities. The letter specified the facts that "Although the Constitution of the Socialist Republic of Vietnam explicitly recognizes the right to freedom of religion, the Decree 297, by contrast, prohibits the propagation of religion. In addition to this, there are rules and regulations created by the local authorities, causing extreme difficulties to the religions and hampering the practice of the rights to religious freedom. The decree is truly in violation of the provisions defined for religious freedom and is instrumental in the hands of the local authorities at the province, district, and village levels who haughtily and ruthlessly repress the Cao Dai Church. They execute arrests, impose fines, and, especially, interfere in the Church's internal affairs, to disunite it, to disable it, and to charge its priests and dignitaries with false accusations such as dissidence and crimes of causing social disorder."

The letter stressed the absurdity of the law and the abuses of power of the authorities in the dispossession of the Cao Dai Church’s properties.

"The Communist administration arbitrarily dispossessed:

1. The Cao Dai Church's religious establishments inside the boundaries of the Holy Inner City of the Cao Dai Holy City in Tay Ninh. The local authorities have disfigured the worship places, transforming them into market places or places for entertainment. They still have expelled from the Holy City the priests and dignitaries of the Cao Dai Church;

2. The local authorities have dispossessed the Cao Dai Church's social and cultural establishments, the Trung Hung Printing House, the Center for the Protection for Cao Dai Youths, and the Association for the Propagation of Caodaism on Thong Nhat Boulevard, Da Nang City;

3. The local authorities have dispossessed the Cao Dai Church's Cultural Headquarters and the Ngoc Trac Orphanage on Tran Cao Van Boulevard in Tam Ky City, Quang Nam-Da Nang Province,

4. The local authorities have dispossessed the Cao Dai' Temple in Tam Quan, Binh Dinh Province; and

5. The local authorities have dispossessed the Cao Dai Church's Cultural Headquarters, Hung Dao High School, An Ha Elementary School, the Cao Dai Day Child Care Nursery, and the brick-and-tile kiln in Tu Nghia District, Quang Ngai Province.

Incidents of repression, arrest, and false accusation still continue to occur everywhere in the country. An unusual incident occurred in Hanoi: the dispossession of the Cao Dai Temple at 29 Ly Thuong Kiet Street after 1985. Another unusual incident occurred at the time the State was calling for "coi mo" and "doi moi" (openness and renovation)."

Eradication of the Legitimate Cao Dai Church

　

In 1993, Party Secretary-general Do Muoi visited the Holy See in Tay Ninh. He ascertained that the Party and State would promote religious freedom and return to the Cao Dai Church all its establishments. In May 1994, a delegation from the State Institute for Religious Studies visited the Cao Dai Holy See, the Cao Dai Temple on Tran Hung Dao Street, other offices of diverse Cao Dai Sects, and the Trung Tam Pho Thong Giao Ly (Center for the Propagation of Religious Creeds) on Cong Quynh Street, Saigon. The delegation showed a negative attitude --a signal for a change of position. None of the secretary-general promises was mentioned. A "stick and carrots" approach in mind was supposedly to be executed, instead. While caressing the Church’s leaders with praise, the delegation did not dissimulate their warnings and threats. With a commanding tone, the chief of the delegation, Nguyen Duy Hinh said to the Cao Dai dignitaries in the meeting on May 13, 1994: "Those who conspire to use Caodaism to do things that are not Cao Dai's ... Don't ever regret! I will punish those who use religion for illegitimate purposes." (Ngo Ngoc Dung, 1994: 29).

Still, the State’s revision on the legitimacy of the Church posed a serious problem. The Reverend Thuong Thien Thanh expressed deep concern about how the true followers of Cao Dai could remain preserve the orthodox laws of the Church. They could in no way serve their faith with the abrogation of all legitimate institutions. The creation of a new body of administration in replacement of all this is truly a calamity:

"Caodaism came into existence in 1925-1926. The Church has undergone hardships under the rule of foreigners --the French, the Japanese, the Americans-- and, nowadays, socialism. It has resigned itself to submission to foreign rule for survival. The Church leadership, notably, endured excruciating suffering under the French. Caodaism was regarded a political organization. His Holiness Pham Cong Tac and other high dignitaries were arrested and exiled to foreign lands. Under the Viet Minh rule, they were branded as the pro-Japanese, then the pro-French elements. Cao Dai followers became the victims of political persecution. Under the American backed-up regime, many among them were accused of political indifference. The Holy See faced difficulties, and His Holiness Pham Cong Tac had to evade the country and live in exile in Cambodia. Nowadays, the State of the Socialist Republic of Vietnam shifts offense on the Church. It is attributed to as a political association that disguises itself as a religion to practice politics, and so on. I truth, as one has seen, Caodaism is a religion whose unique goal is to profess Cao Dai Jade Emperor's Love and Justice and promote moral virtues and spiritual standards of faith for its faithful to follow, to believe in benevolence, which are well beyond all worldly political practices. We wish to practice faith according to the religious principles of Caodaism: justice, fraternity, and benevolence. We do not want to become district chiefs, province chiefs..." These aspirations seemed to be voiced to deaf ears. (Thuong Thien Thanh. Ban Tin Dai Dao. 1994: 19)

The Supreme Council of Administration

The Religious Constitution of Caodaism recognizes the power of the Church as vested in the Pope and the dignitaries of the faith founded the beliefs that " ... Since miracles of religion possesses divine regulations just as society has laws to control undue ambitions which exist everywhere and at all times and which would destroy even the beautiful harmony of nature, when founding Dai Dao Tam Ky Pho Do, God established a religious constitution and the new code, in order to maintain truth and justice in the religion (Thien Dao). In addition to the new laws, there were divine messages and religious teachings. ... By establishing the legislation for the religion God establishes the autonomy for the religion. He who is willing to build up the religion naturally honors this autonomy. This autonomy gives the Sacerdotal Council, which is the image of God on earth, the necessary power to function on behalf of God. However, power in religion does differ from secular power because it relies on love, not on force." (Dai Dao Tam Ky Pho Do. The Religious Constitution of Caodaism. Translation by Bui Dac Hum. Toa Thanh Tay Ninh. 1992: 9).

The constitution of the Church clearly stated the nature, role, and function of Church and State. Nevertheless, the Church faced constant persecution for survival and finally suffered dissolution. In 1979, a 12-member Supreme Administrative Council was created subsequent to a decision of the provincial authority of Tay Ninh. It was then disapprovingly filled up with a membership of 35 seats. Right at the outset, most adepts of the Church refuted with discontent the civil authority’s flagrant infringement on the Church’s religious tenets basic to it. The Church has its own constitution, and there is no stipulation whatsoever prescribed in it for such a "supreme administrative council."

To the vast majority of the Church’s faithful, this council was created out of a chaotic circumstance under which the Church’ s very existence was at risk. The Communist administration carried out the order cited by itself to arbitrarily dissolve the legitimate religious institutions of the Cao Dai Church and subsequently dissolved the Church’s legitimate supreme religious body of administration as prescribed in Phap Chanh Truyen, the Constitution of the Church. Notwithstanding, a number of the Church’s institutions were dissolved. The creation of a Supreme Administrative Council was unconstitutional and unlawful. It was in violation of the religious law of the Church. Neither did it carry mandate from the Church’s faithful to take charge of the Church’s religious administration, services and activities.

The legitimacy of the Supreme Administrative Council has ever been brought into question. Those Cao Dai followers who are interested in the Church’s legitimacy and religious constitutional status still contest the legitimacy of the State-created Cao Dai Supreme Administrative Council. In matters of principle, the creation of this organ is founded at least on two false premises; it is in the first place unconstitutional according to the constitution of the Cao Dai Church and, and it is a breach of law relative to the laws of Vietnam at the time. As a result of the violation of the constitution of the Church and the breach of the current law, this local authorities’ action proved to be illegally coercive and legally inappropriate.

By dint of fairness, equality, and justice, the "Verdict on Caodaism" by the Fatherland Front of the province of Tay Ninh (1979) must be equally reexamined. According to Article 97 of the 1959 Constitution promulgated by the Government of the Democratic Republic of Vietnam, which is effective until 1980, only "the Supreme People’s Court of the Democratic Republic of Vietnam, the local People’s courts, and the military courts are the courts of justice of the Democratic Republic of Vietnam. In special cases, the National Assembly could establish special courts of justice." The Father Front of Tay Ninh Province, which is an orbit organization of the Communist Party of Vietnam, has no jurisdiction whatsoever to issue a verdict on the Cao Dai Church.

Under no circumstance could the Fatherland be entitled to the judiciary authority to exercise this jurisdiction. It therefore unlawfully pronounced a verdict on the Cao Dai Church. Second, also according to Article 87 of the said Constitution, "the administrative councils at all levels are the State executive organs in the local areas." Similarly, the People’s Council of Tay Ninh is not a judiciary body, and thus has no legal authority whatsoever to give a judgment on this matter. Article 89 of the 1959 Constitution also stipulates that "the administrative councils at all levels administer the public services of the local areas, execute the decisions of the council of the local area and the resolutions and orders of the State administrative organs at the upper levels." Referring to the preceding articles only, the People’s Council of Tay Ninh Province is not entitled to any legal authority to exercise jurisprudence to issue decision on religious matters as was the case of the Cao Dai Church, a religious faith with a faithful living beyond the Tay Ninh Province boundaries. The execution of such a decision is blatantly a breach of national law.

Furthermore, viewed in the light of Phap Chanh Truyen, the procedures of the creation of the Supreme Administrative Council as proceeded are illegitimate in two aspects. It disregards the laws and rules of the Church’s constitution and the respect for the observance of the faith as required by the by-laws of the Cao Dai Church. Any legitimate act should be performed in conformity with these requirements: The Communist administration commits many grave errors. In the first lace, the Church belongs to the faithful, in the second, the Church’s authority resides with the leadership of the Church and the consensus among the highest dignitaries of the Church, and, in the third, the consent of the whole body of dignitaries from the rank of "giao huu" up to "chanh phoi su." Every decision is executed within the power of the Sacerdotal Council and made effective by the Ho Phap (Pope). None of these prescriptions is observed.

The breach of the laws of the Church is also analyzed in one of the remarks by a Church’s dignitary, Sy Tai Huynh Van Phan. The religious justified on the basis of the Church’s religious characteristics of the laws prescribed in the Constitution of the Church, a body of laws comprising 12 chapters with 27 articles established by the Church and founded on the Tan Luat, the New Laws, and the Church’s religious orders. This constitution bears no political nuances. It is purely religious and is complacent. It is salubrious to the constitution of any country and commits no violation of the laws of any political regime. Article 25 of this constitution, in particular, stipulates that, the New Laws and Phap Chanh Truyen, the Church’s religious laws and orders are the prescriptions of internal rules and regulations and the by-laws Cao Dai followers practice within the Church’s religious established order. To follow the path of Caodaism is to observe the laws and rules prescribed in the Tan Luat and Phap Chanh Truyen.

Caodaism in essence symbolizes the ideals of democracy, thus seeking to prevent the monopoly of powers. The division of powers is incorporated in the bicameral organization of the Church, the Hiep Thien Dai and the Cuu Trung Dai. The two systems coexist, each with its particular functions of its own and operate in conformity with the stipulations prescribed in the Phap Chanh Truyen. The Hiep Thien Dai (The Heavenly Union Palace) is headed by the Chief of the Palace, who is vested with the responsibilities to enlighten the faithful’ s minds in their service of religious faith and direct religious services. The Cuu Trung Dai (The Nine Sphere Palace), which is headed by the Pope, on the other hand, takes charge of the administration of the Church.

The Holy See was in complete disorder with the creation of the Supreme Administrative Council. The power of the Supreme Administrative Council is in the hands of one person, who is entrusted to take charge of the Church’s religious politics and exercise the laws of the Church. This contention of the civili authorities is arbitrary and thus is in flagrant violation against the inscriptions in the Phap Chanh Truyen, which fundamentally refute any form of coercion and monopoly of power. In addition, the stipulation regarding the power of the Pope mentions none of such thing as seizure or exercise of power. The Supreme Administrative Council, by contrast, holds the reins on the services and activities in all areas, thus contradicting the Church’s religious laws and rules and radically upsetting the faithful’ s hearts and minds.

There dispute over the creation of the Supreme Administrative Council between the adepts loyal to the legitimate Cao Dai Church, on the one side, and the groups that support the Supreme Administrative Council on the other is noticeable. It is not a conflict; but it is a fight between opposing factions of adepts of the same faith, the contenders who seek to preserve the legitimacy of their Church and those who take side with the political regime. This internal division dragged both sides of to an endless fight." (Thien Chuong. On the Legitimacy of the Cao Dai Churvh. A Report. October 1992).

　

The Reform

In April 1997, a assembly of 800 delegates of the Cao Dai Church in Tay Ninh met an official congress at the Holy See. This congress adopted a charter for a new association. and voted on a collective board of the Supreme Administrative Council of Caodaism. The association gained State recognition immediately. In September of the same year, the Cao Dai branch in Ben Tre. which calls itself Caodaism Reformed and has its siege in Ben Tre, a province 80 kilometers south of Saigon, was placed under the supervision of the State. Two hundred twenty-nine delegates convened and elected a central administrative board in the presence of the representatives of the cadres of the local Fatherland Front and civil authorities. The sect had distanced itself from the Cao Dai Church in Tay Ninh for 28 years.

Until the last decade of the twentieth century, there were separate Cao Dai sects operating throughout the South. Besides the Cao Dai Reformed (Chinh Dao), four other branches of Caodaism were recognized by the State. They were Caodaism in Tay Ninh, Cao Dai Minh Chon Dao, Cao Dai Chieu Minh Long Chau, and Cao Dai Missionaries. Still, there were other branches of the faith that professed themselves the members of the legitimate Cao Dai Church, honoring Cao Dai’ s religious tenets as prescribed in the Tan Luat (New Codes) and the Phap Chanh Truyen (Religious Constitution of Caodaism).