Thursday, October 26, 2017

Properties Claims







Da Nang

    The Con Dau Incident

On May 4, 2010, the local police of Cam Le ferociously assaulted on order he attendants of the funeral of the female parishioner Ho Nhu of Con Dau Parish, Da Nang. They even arrested more than 60 people who were then detained at the security police headquarters of Cam Le District. Those who were injured during the assault were not permitted to go to the hospital for medical treatment. At 9:00 P.M. of the following day, the security police of Cam Le released 11 people without explanation. On May 6, the spokeswoman of the Vietnam Foreign Affairs Ministry, Nguyen Phuong Nga, rejected the news about the incident, saying that the police had not assaulted the parishioners of Con Dau and that this was mere fabrication from a vile scheme to denigrate Vietnam.
  
According to sources, before the funeral, the administration had forbidden the defect’s relatives to proceed with the funeral procession and burial of the deceases at Con Dau cemetery because Con Dau Commune lies within the area to be cleared for the city’s plan of creation for a tourist center and the city’s new ecological environment. The defect’s family members and the religious community of Con Dau were not in agreement with the authorities’ decision. The administration arbitrarily did that without consent of the people to the project, and thus they refused to comply with   security police’ order.  The police quickly disbanded the funeral procession, brought the coffin away, and buried it in another cemetery, 20 kilometers from Con Dau.      
   
The dispute over land between the State and the people in general took place elsewhere in the country. In the sphere of religions, it takes a form of a fight for land claim between the secular power on one side and the Church on the opposite. The State holds the firm principle according to which “the Party is the leader, the State is the manager, and the people are the master.” Concerning land property, in particular, the State is not the proprietor; it is the manager that administers it. The people are the master of land property but not the proprietor. There is no private ownership whatsoever under the constitutional law of present-day Vietnam. The State is the only “legal person” that is entitled to jurisdiction over land. The Church is not entitled to any legal entity, and thus is entitled to no right whatsoever to public land. A Church is only a user of land, as any citizen. If the State needs for use for national interests, for instance, it can dispose a certain piece of land in use of a citizen with indentions. In fact, the motives for dispossession of the administration are generally unclear, and the indemnities are exceedingly low, creating unfitness and injustices. Poor citizens do not accept unfair and unjust indentations. There are now millions of people throughout the country who become the victims of unfairness and injustice of the kind, and the Church is no exception.  

The incident at Con Dau raised concerns over stricter repressive measures of the authorities. They not only intended to take away 100 ha of land of the commune but also the entire area. For a long time, the City Party Secretary of Da Nang Nguyen Ba Thanh had contrived to transform Con Dau and neighboring communes into a new ecological environment with plans to construct villas and buildings to attract foreigners to invest in the ditty development.

On May 4, the security police of Da Nang charged with crimes of causing public disorder 7 attendants of the funeral procession of Ho Nhu at Con Dau . One of them was released on bail. Six others were detained and prosecuted to stand trial before court on charges of causing public disorder and obstructing the officials' order while on duty. They are Liem  Loi, Viet, Nhan (female), Kim Huynh (female), and Lieu (female). On May 6, the Bishop of Da Nang Diocese Chau Ngoc Tri, in his ministerial letter addressed to the laity, advised the Catholic congregation of Da Nang to observe religious conduct. The dignitary appealed to the administration to remain patient and not to use violence against the citizen.  He also called on the parishioners of Con Dau, in particular, to serve faith firmly, stressing that the “shepherd is always on their side” in their fight for just cause and social justice.
      
On May 18, City Party Secretary Nguyen Ba Thanh and the Bishop of Da Nang Diocese Chau Ngoc Tri met to consider the Con Dau incident. The result came to no avail. The official journal Saigon Giai Phong (Saigon Liberated) recounted in its news report that the Party Secretary of Da Nang,
concurrently Chairman of the City People’s Council Nguyen Ba Thanh met with the Bishop of Da Nang Diocese Chau Ngoc Tri and  Catholic priests to  explain  the city' projects of  economic development and social welfare  and the quarrel between the officials and the parish of Con Dau which    the journal described as “the disorder at Con Dau.” According to the journal, Nguyen Ba Thanh specifically charged the parishioners of Con Da with "opposition to the officials' order in the clearance of the site."  Sources from the parish said that, on this occasion, the Bishop of Da Nang Diocese proposed the city to give the Diocese of Da Nang to take responsibility in the development project whereby the parishioners of Con Dau could participate in the establishment of vocational training quarters.  In this way, the citizens as awhile as well as the parishioners of Con Dau, would be better helped to change their trades and occupations. The proposal seemed to fall to deaf ears.
       
Con Dau was immersed in suffocated silence. The parishioners resisted the clearance of land and relocation of the administration. They refused to leave their beloved land on which their investors have lived for two hundred, the properties they have created for generations, and the parish they have ever cherished. On July 3, told by words of mouth that the security police had beaten to death Nguyen Thanh Nam, a helpmate in the funeral procession of the 93-year-old Ho Nhu. On July 4, he is said to have run away out of fear, being convoked to the police station for interrogation. He was chased after, got caught, and severely injured by the security police. He died, black-and-blue wounds over the body, vomiting blood, and blood oozed from the ear, after returning home. The victim could only ask fellow parishioners to pray for the defunct. 
   
Sources said Nguyen Thanh Nam was among many parishioners who had been beaten in the funeral procession by the security police. The parish was shrouded in fear. This security forces surrounded, blockaded, and repressed the funeral attendants. It arrested and brought to the police station as many as 60 parishioners but detained 11 afterwards. Nevertheless, they continued to search for those attendants that had resisted their order. Many were convoked to and beaten during interrogation at the police station, and warned others with threats if they sought to have contact with foreign mass media.
        
Confusion reigned over Con Dau.  The parishioners were closely trailed wherever they went. They dared not talk to strangers about the death of Nguyen Thanh Nam. The Section of Religious Affairs of Da Nang contended that Nguyen Thanh Nam was struck by sudden heart stroke. Doubts and fear of the parishioners about the conduct of affairs pervaded. Nguyen Thi Phuong, whose husband was one of the six parishioners arrested lamented over her lamentable situation.  She could visit him only one time after three months under detention. She grieved at his deteriorating health. A man of courage, he became dumbfounded. He dared not answer when asked. He appeared to be frightened. She wondered whether he had been forced to testify during interrogation. She moaned over the disaster that fell on her family. Her husband was arrested for investigation without a reason.
     
The authorities of Con Dau tightened control on the parishioners. Police continued to search for the parishioners they thought to be the key instigators of the disorder. Many of them were cornered to the wall and sought to evade the country. From the beginning of May, a group of parishioners of Con Dau had sought refuge in Thailand. Nevertheless, it was not until August 22 that they dared raise their voice about their miserable situation for fear of misfortunes that might happen to their families in Vietnam.  Police raids  intensified fears of those parishioners who fled the parish following the clash with the police in May. About 40 of the parishioners fled to Thailand via Laos, and their families were targeted with intimidation. The authorities maintained that the Con Dau clash was "unrelated to religion." The Foreign Ministry of Vietnam would object any decision by the United Nations Commissioner for Refugees to grant refugee status to the parishioners.     

The dispute over land between the State and Con Dau Parish shouldered. On August 26, 2011, 150 households of Con Dau Parish sent a letter of claims for justice to Bishop Nguyen Thai Hop, asking the dignitary to save the Catholic followers from difficulty. They were forced to leave their birthplace in different forms of repression by the authorities of Da Nang.  Tension was such that it created fear and anxiety among the faithful of the parish. Their only aspired to live the religious life in peace. Nevertheless, since the outset of the land eviction they had ever lived under threat. Petitions came to no answer. Con Dau is a Catholic parish where religious traditions are handed down from one generation to another. It is well known with solid ancestral Catholic legacy for more than 135 years. The removal of the parish graveyard and all the households around the Con Dau cathedral only serves an evil purpose, eliminating the parish for the interests of the cupid powerful. It is an act of injustice --to transform a religious historic site into a market center for profits. Nowhere else in the country is there a Catholic parish that suffers such a misfortune.

The petitioners were convoked “to work with” the authorities at their office. More than half of the 400 households of Con Dau, due to difficulties they had faced, had to give in and leave to another place. In reality, the victims had repeatedly sent their petitions to the Central Government for intervention, and no rescue came to avail, nevertheless. The Bishop of Vinh Diocese  Nguyen Thai Hop, Chairman of the Commission for Justice and Peace of the Episcopal Conference said in an interview with the RFA that there were then unjustified points concerning the prices for compensation and the policy of land dispossession of the State. 
    
During mid-March 2012, the parishioners of Con Dau received notice from the chairman of the People’s Council of Cam Le District Vo Van Thuong informing that the order for land eviction would be executed within two weeks.  The Con Dau Parish lived in constant threat and fear. It truly faced elimination from the geographical map of Quang Nam - Da Nang Province.  A year after the issuance of the order, beginning in March 2013, and the authorities renewed inspection operations. Agents came in every household, searched the house, and forced the householder to receive redemption for eviction. Forced eviction would be carried out, regardless of whether or not the householder agreed to accept the redemption.  Parishioners had the least hope to keep their ancestral land and the centuries-old cathedral with all loving memories generations settlers on Con Dau have hold dear. 




 Thua Thien--Hue

       Thien An Monastery

In Hue, the dispute over land between the authorities and   Benedictines drags on without a solution. The Order of Benedictines is in possession of a picturesque side on which stand an ancient monastery and dependent facilities. Beginning in 2000, the authorities of Thua Thien-Hue issued administrative order to requisition the land. On April 27, 2000, the Benedictines of Thien An Monastery incidentally learned  from verbal notice that the People’s Council of the district of Huong Thuy would requisition 495,929 square meters of land of the monastery and lease it to the Service of Tourism of Hue to construct on it a public leisure center.

The requisition raised anxiety over not only the fate of the missionaries but also the religious worship in general among the Catholic clergy in the Thua Thien-Hue Province. Thirty-seven priests in the province expressed their empathy and support for the Benedictines, who were being flayed of their land. The authorities, as always, didn't reconsider their decision. The appropriation of a large section of land of the monastery is vital to the city. A tourist center will bring forth a source of interests to the "Service of tourism of the ancient capital."   Being warned of the decision on land confiscation, the Benedictines expeditiously sent petitions to the higher authorities.  They Benedictines particularly claimed their rights to ownership based on irrefutable titles of property, the ones that had been recognized by the new revolutionary authorities immediately after the change of political regime in 1975. They added that, by taking away their land, the authorities deprived of them their sole means of subsistence, working and living on it. On the land confiscated “are found, in effect, orange trees of great quality of the region, a fruit garden, and meadows breeding a herd of cattle of 28 heads. The monks in residence are frustrated at the loss of the land that they have entirely created with hard labor.” A special petition, signed by the superior of the monastery, Mgrs. Etienne Huynh Quang Sanh, was sent to the Prime Minister, on March 30, 2001. In it, the dignitary complained of the arrogance of the local authorities and the violation of the law they had committed, specifying that the Service of Bridges and Roads unlawfully opened public road into and across the land of the monastery.  There was total silence. In May 2000. The dignitary sent a petition to competent authorities of the Thua Thien - Hue province, requesting interference. The petition came to no response. The Service for Bridges and Roads of Hue province, in favor of dark night, got down to work, to construct in hiding a public park as planned.

Facing impermeable indifference to their complaints, the Benedictines sent report to the central administration.  Included in it was a file with land titles and legal documents. Perceiving that their report could be blocked at the postal office in Hue, they sent at the same time a report to the representatives in Hanoi to request an audience with the Prime Minister. Their file was then transferred to the Commission of Inquest within the Bureau of Land Property. Several days later, the officials of the said agency came to make an on-the-spot inquiry into the situation, verifying the land titles and legal documents of which the Benedictines were in possession and which they used as proofs of their right to ownership of the land in question. Nevertheless, the inquest came to no action.
    
In February 2001, the dispute became increasingly tense. Two officials of the Service of Bridges and Roads came to the monastery and informed the Benedictines that they were commissioned by the Service of Tourism to open a road through the land of the monastery. They asked the Benedictines if they had any objection. The Benedictines replied that they had already expressed their disagreement and that they refused to give away their land or receive any financial amends. The officials of the Survive of Bridges and Roads proceeded with their task, nevertheless. A team of workers proceeded with construction work on the land of the monastery. This measure was, to the Benedictines, a violation of the Order of the government on land requisition. The authorities overtly violated Article 27 of the said law. This law foresees that the confiscation of land is applied in the case the land confiscated is used for the interests of national defense and security or economy, and not for the creation of a center for leisure. The construction on the Benedictines' property, thereby, is an act of blatant abuse of power. Besides, the existence of a center for leisure on the site of a religious emplacement is apparently uncivil, causing nuisance and problem to a religious community that is in need of serenity, peace, and seclusion.  

On April 29, 2001, thirty-seven priests of the diocese of Hue, in a letter to the Superior of the Benedictines Order, expressed support for the monastery. They also showed empathy and solidarity with the superior and the months in their efforts to defense their religious worship rights and life. The priests pronounced that they had sent petitions to diverse competent civil authorities in favor of the Benedictines community. On July 11, 2001, another group of priests of Hue declared that the oppression of the authorities against Thien An Monastery was blatant. Such an act not only trespasses upon the physical property of the monastery but also the spiritual life of the Catholic laity of Hue. In effect, it is thanks to divine favor and the labor of the Benedictines that the hill covered with pines can stand and makes Hue more picturesque scenery. The site has become not only a source of inspiration for poets and writers but also an emplacement where everyone can come and relax free of cost.  
  
Quarrel resumed.  On September 24, 2001, the work team at the Thuy Tien Lake intimidated with violence a group of monks of the monastery who tried to prevent the workers from intruding their land. By doing this, the monks would only show their will to protect their property. They asked the workers to attest their legal permission of any kind, the work contract or the State authorization to work on the land of the monastery. The foam could not produce a piece of legal papers. The monks insisted that the land was theirs and that the team was not permitted by rights to intrude into  it. The workers were thus asked to stop their work. They team, however, declared that they would go ahead with installation of an electric post and that they did not need to know who the proprietor of the land was. The television of Hue aired during many days reports on the incident. The Benedictines were portrayed as "bad element," and the population was advised to stay away from the place

On their part, the Benedictines of Thien An announced that they would do anything they could to protect their rights and property. In the petition to the People’s Council of Thua Thien- Hue, the Benedictines declared to preserve the rights to live in the territory of which they are undeniably the legitimate proprietor. They are unlawfully stripped off the right to use the land on which they live.  In fact, the authorities showed all intents to dispossess their land. Already, in 1999, the authority had foreseen the confiscation of 495,929 m2 of land of Thien An Hill. They had pleaded their case in vain before the provincial authorities.

To show good will, the Benedictines, on July 29, 2002, sent a proposal to the local authorities in which the religious community presented their wish to retain the pine-wood section surrounding the inner buildings of the monastery, just to draw from the entire territory a space large enough for religious contemplation. The proposal came to no response, however. On October 9, 2002, the authorities executed the decision No 577/QD-XKT, fleecing the monks from their land confiscated, in spite of the Benedictines’ resistance.

After more than a decade following the eviction of the Benedictines from their land, the authorities of Thua Thien-Hue, on January 1, 2015, prevented them from placing a roof over an outdoor shrine honoring the Virgin Mary on the pretext that the monastery was violating the law. In reality, on an intent of grabbing the pine forest,  a forest rangers checkpoint was set up to monitor the monastery’s  activities and at the same time proceed with their plan --to seize the monastery’s hundred acres of land for the construction of a leisure center and amusement park. To begin with, they took down a cross on the hill and placed a pole on the monastery’s grounds, making it a mark of restriction. Police even stopped the monks in residence from building an in-road to the place. On June 27, 2016, the monastery’s head monk Nguyen Van Duc sent petitions to the provincial People’s Council, the Catholic Archdiocese in Hue, the European Union Embassy in Vietnam, and the U.S. Embassy in Hanoi, complain about the authorities’ disrespect of the religious worship and illegal appropriation of land. Their claims for properties dragged on without an echo.

     An Bang  

The Altar for the Cross built in a plot of land of 600m2 at Ap Bac became the cause of conflict over land between the authorities at An Bang Parish, Vinh An Commune, Phu Vang District. The Reverend Nguyen Huu Giai and the parishioners firmly maintained that they had done nothing wrong with the parish construction of the Altar for the Cross for religious worship.  The communal authorities, on the contrary, considered the erection of an alter without authorization from the administration is in violation of the law. The construction must be removed. In fact, in 2007, Le Tuan, an An Bang parishioner, offered his private piece of ancestral land to the parish for this purpose. A show of veneration like this has nothing to do with public order or security. Moreover, the parishioners had three times applied for authorization beside the local authorities. But the applications came to no answer. They practically proceeded with their work as required by the law: if there is no opinion from the authorities after 30 days of the application, authorization is automatically granted. Considering this an act of opposition, the  authorities resolutely executed the land eviction, forcing with threat the parishioner to take down the Cross as it  was built on the people’s property. The State is the manager and decides on who can be the user of it. Moreover, the piece of land in question is preserved for a State multipurpose plan of development, which fact the parishioners resiliently oppose. The reason behind the land eviction is irrelevant and unjustifiable. The conflict thus dragged on without a solution.

Saturday, October 7, 2017

Properties Claims




Properties Claims




Phan Thiet  -- Nha Trang

In the small parish of Vo Xu of Phan Thiet Diocese, the land dispute between the Catholic laity and the authorities had ever lasted since the change of political regime in 1975. Until 1995, the parish claimed the rights to ownership of real estate of the Church and requested the State from returning to the Church the properties the local authorities had borrowed from it.  The believers showed firm determination, repeatedly protesting against the authorities’ conduct of affairs.  Their requests came to no answer.
   
In the sea-resort city of Nha Trang where the quarrel was long-lasting and   intense, the Catholics tried in vain for more than five years beginning in 1995 to claim their rights to ownership and requested the local authorities from returning to the Church its properties. On November 3, 1999, the Reverend Nguern Quang Sach, the general vicar of the Diocese Cathedral, addressed complaints with legal documents to competent authorities, demanding respect for the rights to ownership of the Church. The dispute concerned mostly the use of the Square of Our Lady in front of the cathedral. The cathedral and the surrounding area all belong to the Church. The parish is in possession of legal documents attached to the files presented to the authorities. Nevertheless, for twenty years, from 1975 to 1995, the area surrounding the cathedral which the municipal authorities borrowed from the Church has been defaced and left no traces of a worship site. Worse still,   municipal authorities take it for granted that it is their own property. They even ordered the clergy in residence to remove all constructions on the ground, including the statue of Virgin Mary, which is in contradiction with the obligation with which they should be comply as stated in  the contract between the pastor of the parish and the authorities.
      
In 1979, the authorities and the pastor, in fact, reached an agreement .according to which   parish agreed to lend the authorities of Nha Tang a lot on the ground of the Square of Virgin Mary including other constructions on it to build a center for cultural activities. Fifteen years later, the auth0rities voluntarily altered the obligations agreed to construct a bar and a telephone booth for commercial purposes. On July 11, 1994, the parish sent a petition to request that the Square of Virgin Mary of the cathedral be restored for religious purposes. All through 1995, the parish renewed the request winch came to no answer, nevertheless.
     
In 1999, engagements in claiming the rights to ownership of the Church multiplied as the authorities seemed to ignore all demands from the Church. To ease the circulation in the surrounding the ground of the cathedral, the municipal authorities curtailed a large part of the surface of the ground without consent of or discussion over compensation with the parish.  The pastor sent a letter of protest to the municipal authorities. In it, the priest suggested competent authorities for a compromise: The State would use some part of the ground for its purpose, and the rest of it would be rendered to the parish. The proposal came to no result. Instead, the municipal authorities informed the parish that, for public interests, they ought to use the whole area including the Square of Virgin Mary, and other constructions on it. The municipal People’s Council had decided to transform the area into a city park.  
    
In his petition to the municipal authorities, the general vicar Nguyen Quang Sach stressed the decision cited was a false obligation which was both arbitrary and illegal.  He presented as proofs legal documents and the titles of properties, the oldest of which were dated 1928. The petition leant on a large number of the latest texts of law and decrees with stipulations specifying that the land that the government borrowed from the Church must be rendered to it appropriately. The dispute remained unsettled. Until the recent years, visitors ever saw the statue of Virgin Mary wrapped in hard paper standing in the scorching sun.  

 The dispute over land property between the Church and the State has been a major issue over the years in the city of Nha Trang. The Church wishes that   State should respect the legitimate rights to ownership of land properties and return real estates and facilities it Thad dispossessed or borrowed from it. The State claims that land is the property of the people and the State is the manager, and thus it has all legal rights over the use of it for national interests. On August 15, 2005, the staff of Vo Thi Sau School on Vo Thi Sau Street, Phuoc Long Quarters, Nha Trang City, had its school building demolished to build a new one in its place. Immediately, the Order of St. Joseph and representatives of the Catholic laity held a rally in protest of the dispossession of the property. The school administration met with strong protest from Catholic congregation as the establishment belongs to the Order of St. Joseph, and the State authorities could only lease it on legal terms for 5 years. Nevertheless, the State did not comply with the obligation and took possession of the property illegally. The Order of St. Joseph could do nothing in face of competent au thirties’ indifference that drove it into submission. And, the school administration proceeded with the destruction of the existing educational facilities without consultation with the Order.

The Reverend Luu Minh Hoang, the legitimate manager of the estate,' repeatedly declared that the Order is the legal owner and that the establishment existed before 1975. He also confirmed that the Order of St. Joseph did not offer it to the State and that the Church only agreed to grant it a lease. After a dispute without an agreement between the school and the administration of Nha Trang on one side and the Order of St. Joseph on the other, the central administration had to step in. The school and the local administration gave in, and the construction at the site was stopped.  Nevertheless, the authorities set to work for other constructions on the site.
   
On September 21, 2005, Fr. Luu Minh Hoang, the representative of the Archdiocese of Nha Trang and the Order of St. Joseph, sent a petition to competent authorities demanding the local administration to return the property to the Church within the latest extension of time, scheduled on October 31, 2005. The authorities promised to dismantle and remove the seafood factory construction on the property of the Church, but other works of production were going on as usual.  On October 12, 2006, Fr. Luu Minh Hoang sent to competent authorities another petition. In it, the priest expressed his anxiety over potential unrest. Perpetual protest of the Catholic believers of the Nha Trang diocese would occur if the land of the Church would not be returned before October 31. He called on mass media for support and demanded the State to return to the Church the properties it had borrowed from it for temporary use. On November 2, when the Reverend Luu Minh Hoang came to meet with competent authorities, the administrative staff of the factory expeditiously reported the state of affairs to the municipal administration. By the official letter 1/11/05 UBND of November 1, the administration and the Section of Religious Affairs, again, promised to solve the problem within a short delay.  No solution had been put into consideration, however.     
     
On January 20, 2007, a turning point marked a new phase in the relations of the Vatican and Hanoi. The Pope received Prime Minister Nguyen Tan Dung in an audience. New hope nevertheless died down.  A protest of the Catholics took place in Nha Trang to claim back the properties of the Order St. Joseph that had already been divided among various organs for unclear purposes by the authorities. Another State establishment was built on it illegally. The claims over land property of the Church became increasingly heady, but the administration still came up with no solution. All demands eventually came to oblivion.