Thursday, December 14, 2017

Properties Claims





Hanoi
         
     The Toa Kham Su (St. Joseph Cathedral) Incident

 During the end of December 2007, peaceful protests of the Catholics in Hanoi claiming back the parcel of land near the“Toa Kham Su cu (Old Vatican Mission Siege) took place. On December 30, 2007, Prime Minister Nguyen Tan Dung came paid a visit to the Archbishop of Hanoi Ngo Quang Kiet, supposedly to settle the matter. This emplacement was confiscated by the Communist administration in 1959. The small piece of land covers 1ha2, and the Hanoi archdiocese, in principle, is the legal proprietor. It still holds with it the legal documents. Over the years, the Roman Catholic Church of Vietnam has repeatedly requested the administration to render the area to the archdiocese. The late Cardinal Paul Joseph Pham Dinh Tung had many times sent his requests, and Bishop Ngo Quang Kiet also sent his yearly. These requests nevertheless came to no answer. 
      
On December 20, 2007, after the celebration of ordination of 16 assistant celebrants at Hanoi Grand Seminary, the laity came to and prayed at the site. The incident suddenly caused a serious problem to the regime. It was the first time the citizens in the North expressed dissidence in public, ever since the Viet Minh takeover of Hanoi in 1954. On January 5-6, after the Saturday and Sunday Masses at the St. Joseph Cathedral, the defacto siege of the Roman Catholic Church of Vietnam, priests and the parishioners continually held parties of prayers and night vigils at the site. The People’s Council of Hanoi, in its letter to the Episcopal Conference of Vietnam and the Archbishop of Hanoi, charged the participants with violations of the law, causing public disorder. It demanded that mass gatherings be stopped. The Archbishop of Hanoi, in his reply, refuted the allegations. The laity committed no violation of the law; there is no law that interdicts the citizens to take part in religious parties for prayers.
     
Tension never eased. In the regular news conference on January 24 in Hanoi the spokesman of the State Le Dung declared that land belongs to the State and organizations and individuals are entitled to the rights to use it only. He also announced that the People’s Council of Hanoi would consider the need of the Church and settle the matter in accordance with the law. On January 25, thousands of Catholics marched through the streets in central Hanoi, saying prayers and demanding the State to under the estates of the Catholic Church which the State had unlawfully dispossessed of it. The followers, led by a priest in a white tunic carrying a Crucifix and a brass band, marched through the streets from the Hoan Kiem area to the St. Joseph Cathedral. The following day, January 26, 2008, the People's Council of Hanoi imposed a ban on gatherings in the streets. By 3 P.M. January 27, police dispersed all gatherings and removed the crucifix and the statue of the Virgin Mary the followers had erected in the site. The follower resisted with resilience. Protest rally for prayers continued. The protesters demanded that the estate belonging to the St. Joseph Cathedral be returned to the Archdiocese of Hanoi.

The official journals An Ninh Quan Doi (Security of the Army) and Ha Noi Moi (New Hanoi), on January 26, justified with argument and the current law that the estate is under the management of the State in accordance with the law. Moreover, the property ownership to the land was handed over to the administration by the late official manager of the archdiocese, the Reverend Nguyen Tung Cuong. The argument was unsustainable. The Reverend Tran Cong Nigh, Director of Viet Catholic News Agency, explained in an interview with the RFA that the argument is not only legally baseless but also in convincing. According to the laws of the Church, a priest is entitled to no rights whatsoever to offer the property of the diocese. He is not the owner of that property. The bishop of the diocese is vested with the rights concerned; he is the decision maker.

On January 28, the official Voice of Vietnam announced that the rally was illegal, causing impact on the lives of the residents in the quarters nearby.  It was in violation of the Ordinance on Religions and Beliefs. The government spokesman Le Dung, again, explained that, under the Constitution, the State owns all land and organizations and citizens are entitled only to purchase land usage rights. Meanwhile police conducted a criminal probe into a hidden scheme behind the rally. Tension intensified. The protesters removed the gates to the outer area of the property, planted a cross at the entrance, and set up tents. The situation at the siege was quiet. However, anger was felt in the parishes. The official press published articles alleging that the population was fooled around and incited to agitation by some leaders of the Church. State media fastened the blame on the archdiocese, repeating the argument that the estates of the Archdiocese of Hanoi had been offered to the State by the official manager of the Church. In response, the Archbishop of Hanoi, in his letter sent to the director of Hanoi Television, the editor-in-chief of the newspaper Tuoi Tre (The Youth), and the editor in chief of the journal An Ninh Thu Do (City Security) calling for respect for the truth. The Hanoi Archdiocese has full legal documents as regards the ownership of the property and all rights therefrom.

On January 29, hundreds of Catholics in Hanoi rallied for prayers within the St. Joseph Cathedral, regardless of threat of repression. The authorities ordered that parties of prayers be stopped, if not, strictest measures could be carried out. Talks between the authorities and the Archbishop of Hanoi Ngo Quang Kiet began to take place while the laity continued to gather to say prayers. On February 2, in his letter to the priests, student-priests, and the laity of Hanoi, the Archbishop informed that there had been concrete results after the dialogue between the administration of Hanoi and the Episcopal Conference of Vietnam. In response to the call for reconciliation from the prelacy, the Catholic laity of Hanoi temporarily ceased to perform parties for prayers, destined to demand the return of the estate to the Church. The Archbishop of Hanoi expressed hope that the State would render to the Church its estate. He also wished the State and the Church would take concrete steps to solve the problem.  Meanwhile, the Vatican called on the Roman Catholic Church of Vietnam in Hanoi to end resistance with gatherings for prayers. The authorities still came up with no solution. Rallies for prayers continued.
       
The official Hanoi Moi (New Hanoi), on August 21, urged on   the Church leadership of Hanoi to call on the followers to stop their demonstration.  On September 9, the Archbishop of Hanoi Ngo Quang Kiet openly defended the cause. The Catholicism was only asking for the return of the land of the Church. He particularly referred to the cause for demonstration by Thai Ha parishioners to demand the return of the parish property. The demands in this and the other case were legitimate and legal. Moreover, the protests were peaceful. There was no violation of the law. There was no disruption of social order and security. Neither was there inconvenience affecting the lives of the people. The parishioners had nothing in their hand and did nothing but saying prayers. The official media still spread propaganda with charges and blame. The archbishop preached peace and non-violence    

Chaos occurred when, on September 9, some 200 policemen with 2 mechanized vehicles came to bulldoze the constructions in the interior of the St. Joseph Cathedral at Pho Nha Chung (Catholic Mission Street). At 4:00 in the morning, they began to dismantle the fence. Police blocked the area with barbed wires, closing entrances to the surrounding quarters of the archdiocese, the Order for Sisters of the Cross, and the monastery and schools. Nguyen Trung Thanh, Office chief of the People‘s Council of Hanoi, declared that the State was proceeding the clearing of the land to build in it a library and a park. The State was in no need to consult with the parish because the site belongs to the State. The blockade of the area drew a gathering of hundreds of Catholics in front of the Mission, regardless of the presence of the police force on guard. The Catholic priest Nguyen Van Khai said that the followers were struggling for peace and justice. They were not afraid and ready to die. Nguyen Trung Thanh, on the other side, said the followers would not be punished as long as they would commit no acts of violence.
       
On September 19, the State said it had notified the archdiocese of its plan of work at the site. The priests, on their part, said they had not heard anything about such a notice. The situation suddenly grew tense when an AFP correspondent was arrested and beaten while at work by the security police. The police sealed with barbed wires the Archdiocese buildings, the Order of Sisters of the Cross quarters, and the Old Vatican Mission Seat. Dogs for security crowded on both sidewalks inside the archdiocese quarters.  Priests and followers rallied for prayers. From 4:00 A.M., the ground clearance at the Mission Seat began. Mechanized vehicles broke down the fence in the front. Materials of all kinds were removed outside. Groundwork for a green park started as planned. 

At 8:00 A.M. of September 21, after the morning Mass at the Main Cathedral of Hanoi, more than 5,000 Catholics flocked in groups to the Mission site. There, they gathered, prayed, and chanted songs, challenging police threat at the entrance. The gathering was growing larger as the security police tightened the siege. No clash occurred, however. On September 22, a meeting between the People’s Council of Hanoi and the Archbishop of Hanoi took place. The Chairman of the People's Council of Hanoi and the Archbishop of Hanoi Ngo Quang Kiet exchanged views on a number of issues among which were the questions on and solutions to a variety of problems. Among the issues were the relations between the State and the Church and the conduct of affairs of the administration, the dispute over land between the authorities of the State and the Church, and the Church’s claims over the disputed estate. While recognizing the goodwill of the administration, the Archbishop of Hanoi expressed deep concerns over a variety of remaining difficulties. The People Council of Hanoi had created favorable condition for certain religious activities. However, “there still exists a psychology of “apply for-- be granted,” that is, “to grant a privilege.” Religious freedom is necessarily a right of man. The State for the people is responsible for creating this right. It is a right and not a privilege.” The presentation of the archbishop came to no concrete response. The dispute grew tense. Parishioners from six various parishes in and around Hanoi traveled came in buses to join in the parties of prayers. They rallied in a sit-in demonstration close to the barriers where construction works of the green park was going on.

Dating back from decades in the past, the priests and laity of the Hanoi archdiocese had long aspired to have the Old Mission Siege returned to the Church. This is a long story. This historic site had been dilapidated as years went by. Until 2002, there had only existed within it a center of activities for the youths of Hoan Kiem Precinct, mostly for the children of Catholic families of the local parish.  It was then taken down, and a cultural center was built in its place. This construction has disfigured not only the religious appearance of the archdiocese but also paralyzed the religious life of the followers. The archdiocese had tried in vain to remedy the situation as the Church is no longer the actual proprietor.
   
On September 25, the People’s Council of Hanoi sent a letter to the Episcopal Conference of Vietnam requesting it to consider a measure to neutralize the intervention of the Archbishop of Hanoi Ngo Quang Kiet. It even stressed that the archbishop had done things that are contrary to the current religious laws of the Catholic Church. In his reply, Bishop Nguyen Van Nhon, Chairman of the Episcopal Conference of Vietnam, clarified that the Archbishop of Hanoi has done nothing contrary to the current religious laws of the Roman Catholic Church of Vietnam.
     
The sea-saw dispute over land dragged on. On September 28, the authorities of Hoan Kiem Precinct voluntarily had the statue of the Lady of Patheo and the worship objects at 42nd Quarters removed and taken away. Crowds of followers flocked in. The news spread, flaming up the followers’ humiliation. This authorities’ action was viewed as an act of theft. However, the masses did not know what to do. They gathered in groups, crying out. The police stood by, watching. On October 1, a meeting between the authorities from the central administration and the representatives from the Episcopal Conference of Vietnam took place at the Archdiocese of Hanoi.   Police stations were posited around the area. No information on the dialogue between the two parties was heard. The authorities of Hoan Kiem Precinct nevertheless showed an attitude of reconciliation. It voluntarily established contacts with the Archdiocese of Hanoi and seemed not to interfere in parties of prayers of the followers that were in attendance at the Main Cathedral. Curiously enough, while maintaining reconciliation with the faithful, the administration leveled charge against the Archdiocese for violating the laws.  The followers flatly refuted the charge. It only revealed an act of dishonesty of the State, dissimulating a hidden scheme. It illegally dispossessed the land of the Church while leveling charges against it. The land of the Church must be returned to it. There exist until the present day no State laws that provide rules to settle land dispute in this amber.
     
The reconciliation of the State brought little progress for a solution to the dispute. Rumors asking the Archbishop of Hanoi Ngo Quang Kiet to resign from position circulated here and there in the city. Still, semiofficial sources divulged news about house surveillance should be placed on the Archbishop, and restrictions on his movement about should be also imposed on him. 
     
On October 15, the People’s Council of Hanoi announced in a conference of the representatives of foreign embassies in Vietnam that it would make a proposal aimed to send the Archbishop of Hanoi Ngo Quang Kiet out of the Capital.  Nguyen the Thao, Chairman of the People’s Council, stressed that the decision was executed in response to the wishes of the people and the Catholic laity of the Capital. The official publicly declared that the cause of the recent troubles in the Capital originated from a number of Catholic priests with Archbishop Ngo Quang Kiet at the head.  This high dignitary of the Church took advantage of recent troubles to violate the laws. The charges aggravated the situation. Indignation was felt throughout the parishes in and around Hanoi. No one knew what would happen to the prelacy of the archdiocese in the days to come.

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