Saturday, June 9, 2018

RELIGIOUS POLICY—THE PRACTICES (V) (Continued)





 Rhetoric and Reality

The official daily Quan Doi Nhan Dan, on September 12, 1999, highly praised  the religious policy of the Communist Party, emphasizing that  All people of good will and of respect for the truth could verify that the State of Vietnam has always sought and created favorable conditions for the exercise of the right to religious freedom of all citizens. It has never raised obstacle to performing religious activities. Neither has it modified this policy to subvert religious groups by forced integration into the Fatherland Front. The task required of them is they have to integrate themselves into one organization. Caution should be made to avoid misdemeanor as a certain number of discontented people ever pretend to represent the totality of certain religious groups.”

Realities nevertheless prove the reverse. The State-affiliated Buddhist Church of Vietnam, as a case in point, is created in replacement of the Vietnam Unified Buddhist Church and other Buddhist organizations that existed in South Vietnam before 1975. Current State-created Hoa Hao and Cao Dai organizations are vested with full authorization to eliminate legitimate sects that operated in the South before the Communist takeover of power in April 1975 and that are loyal to the principles and tenets of faith professed by pure Caodaism and Hoa Hao Buddhism. Various independent Evangelical Churches are coerced to integrate in the State-affiliated Evangelical Churches thought processes of “normalization.” Schemes to put Catholicism under control by means of limitations on religious activities of the clergy and restrictions to religious activities of the laity are irreversibly increasing. Restrictive measures still weigh on the formation, ordination, and nomination of priests of the Catholic Church. To the distress of the faithful of all faiths, the State has never stopped creating laws to secure monopoly of power, subjecting the religions under permanent and tight control.

The Decree 26 April 24 1999/HDCP

 The decree drew debates and criticisms among religious circles in Saigon and diverse provinces. At an assembly in a highland province, a priest ironically noted that the piece of law resembles the Old Testament. Like Bible, it prescribes in it details and obligations analogous to the ones the Parisians had to observe.

Nguyen Van Ngoc, deputy-director of the Bureau of Religious Affairs, declared during an assembly of the Catholic clergy of Saigon on September 30, 1999, that the Bureau had duly put into practice the policy of “doi moi” (renovation) in the light of the resolution of Eighth Congress of the Party (1996). Revision has been made, including the regulations, namely the Decree 69, in 1991, which replaced the 277 of 1977.  The accomplishment realized by the Bureau was concretized in the Directive 37 of the Politburo made public in July 1999. The Decree 26 has been elaborated in the light of this directive. All these works are the first step of an evolution that leads to adoption of a legislative religious code to be passed by the National Assembly by 2001.

The deputy-director nevertheless failed to convince the audience. The vicar of the Saigon Main Cathedral expressed different views. Contrarily to what the deputy-director affirmed the decree, if viewed in the light of principles application as directed in the guidelines of the directive, is inadequate. The decree failed to incorporate the directives, which are destined to create services of common interests and well-being to the people. Numerous dispositions of decree are irresponsive to openness. Rather, they foster “belt-tightening” and “door-fastening.” Doubts were raised as to how a legislative code would be made responsive enough to the aspirations of the clergy and believers of all faiths.    

 The Legislative Code Project

Beginning in 2000, the State sent to diverse Churches in the country several copies of the draft of ordinance on religions prepared by the Bureau of Religious Affairs for consultation. Having examined the text, the Catholic bishops and clergy, in general, called into question certain concepts of religion and the interpretation of the role of the civil society by the Bureau in this regard. On December 23, 2000, in the first communiqué, the representative of the Vietnamese Catholic clergy, expressed views of a large on the project (EDA 326. Translation, EDA, Document 327). 

 The project was sent to the Episcopal Conference on Christmas Day, December 25, 2000. The letter included in it stressed that the elaboration of this text has been implemented for many years. The addressed is asked to furnish response before January 24, 2001. The letter was signed by Le Quang Vinh, Chief of the Committee of Elaboration of the Project on   Religions. In general, the project aroused no surprise among the religious circles. Ever since July 1998, the Politburo had promised in its directives to hierarchies of all Churches to give them opportunity to express opinions on a project for religions. The opinions on the project should be submitted to the Permanent Office of the National Assembly for judgment and decision.
During the session of discussion on January 5, 2001, the discussion among the clergy showed signs of reluctance. Certain priests even asked the assembly to stop the discussion. There are a number of drawbacks in the draft. On January 16, 2001, a communiqué was sent to the Bureau of Religious Affairs. In it, Cardinal of Hanoi Pham Dinh Tung, President of the Episcopal Conference expressed the consensus of opinions of the prelacy of the ecclesiastic province of Saigon on the project. The communiqué takes a distance as regards the details of diverse prescriptions in the draft. The text reveals in common the viewpoints of the Church.  There are a number of drawbacks. The greatest one lies in the concept according to which the draft does not conceive religion as an institution, negating the autonomy characteristic of the Church in the life of civil society. Religion is entitled to its own status, the laws, rules, and regulations that the civil authorities should respect. Disrespect to them results in social hostility, political disorder, and community crisis. Still, the absence of autonomy of religion predisposes violations of religious freedom. The mandate is prescribed in the International Covenants on the Rights of Man.  

The text invented an ironic expression that characterizes subordination, “co che xin-cho,” which literally means “the system whereby one must apply for permission so that it could be granted.”  It can also be interpreted as “the system functioning on legal procedures of applying for authorization and authorization is likely to be granted in accordance with the law” In a way, this system should only be applied to an association. The system “xin-cho,” in the view of the communist authority, is appropriate. It potentially rules out opposition and hostility as serious problems remain unsolved. The claims for the Church properties appropriated or confiscated by the State are at issue. The right to community ownership of properties of the Church constitutes another burning question. All these questions are dislocated in the context of the project. It confuses the management of private property with that of the society. Another communiqué was sent to the civil authorities. This second text calls into question, in particular, the conduct of affairs of the State as regards religious matter. The text also stresses the right to autonomy of a Church and the rules and regulations that subordinate the Churches to the State power, just like any other civil associations. Autonomy is characteristic of the Church; it is embodied in its right to self- determination of the religion. The monopoly of power of the State is like that of a person who plays at the same time the role of a player and an arbiter in a soccer game, and that is democratically inconceivable. In his letter to competent State authorities, Msgr. Nguyen Son Lam, secretary-general of the Episcopal Conference further stressed that the Church should be recognized as a "moral person." It is a social institution in itself and for itself. By virtue of this status, it acts responsibly and independently without tutelage of the State ((June 11, 2001, on the occasion of the visit to Vietnam of the Vatican delegation (EDA 323)

Report from Viet Catholic News

The Viet catholic News noted that the opinions it monitored from certain clerical circles can be grouped into categories. The first group reflecting general opinion considered the project inappropriate. The proposed text guarantees freedom of religion, but the Communist Party hangs on to monopoly of power. The second group, largely representing the clergy from Hue, thought that the clergy showed no interest in the proposed legal text. The third group including many participants at the conference of January 5, (2000) were likely to agree to boycott the text. Other general remarks were that the authorities have never taken into consideration the ideas offered. They elaborate and put into practice only concepts that are true to themselves, instead. Legislative texts compiled by communist cadres and party members should serve, first and foremost, the supremacy of communism and interest of the Communist Party.

Other Remarks

The project only comprises few new elements compared with the multitude of legal texts of this type already promulgated by the government since the foundation of the Republic Democratic of Vietnam in and before 1954. In fact, they have consistently accommodated the situation with new laws. The first decree signed in 1954 by Ho Chi Minh, followed by the Decree 277 CP by Pham Van Dong in 1977, the Decree 69 HDBT sinned by Do Muoi on March 21, 1991, then the Decree 26/1999/ND'CP by Phan Van Khai on April 19, 1999, including multiple directives for application, amends, and complements. The actual text differs from the other texts in that it foresees an ordinance to be promulgated by the National Assembly.  
    
The compilation of the project is based on Article 70 of the 1992 Constitution of the Socialist Republic of Vietnam and the Resolution No. 42/2000/QH concerning the compilation of laws and ordinances for the year 2000. It contains 6 segments comprising assigned objectives, general prescriptions, civic rights and duties, prescriptions concerning religious organizations and activities, international religions and activities of religions overseas, and responsibilities of the State. Globally, the project does not bring in significant changes. Most provisions are mere repetitions or interpretations of the orientations and decisions of the Politburo and the laws, rules, and regulations of the government on the religions.

In fact, except for segment II, which is devoted in part to the definition of 13 terms relating to religion, the rest mostly rephrases or implements the ideological implications, rules and regulations already introduced in previous law-decrees. By simple phraseology, belief is designated as faith in supernatural forces; religion, the community of persons of the same faith operated on a doctrinal system, religious duties and a specific liturgy; religious organization, an organization founded on a religious purpose operated on a statute in conformity with the legislation of the State; a leader, a responsible recognized by the State; the Church, the most general system of administrative organization of a religion comprising the religious, administrative responsible, ecclesiastic dignitaries, and lay executive members, establishments of cult, and establishment of formation of that religion; believer, a person that has faith or is attached to a religious organization; religious, an adept that practices the observance of particular rules of a Church concerning his religious life and that is specialized in religious activities; lay responsible, layman that participates in the gestation of a Church; ecclesiastic dignitaries, a religious conducting an administrative function; establishment of cult, place where ceremony and services of cult are performed; establishment of formation of religions schools or classes where the religious are taught or and formed to become ecclesiastic dignitaries and specialists in religious activities; religious activities, exercises of religious life, propagation of religion, and its administration; and superstitious activities, anti-scientific actions.  

Defining complex realities of religion conceived by diverse religions is truly a simple task. It is not a surprise when virtually all designations of terms in the text are simplistic, arbitrary, and authoritative. Religion, for example, is not simply a community of people as is materialistically interpreted by the atheist. It is, in practice, a way of life, a faith in a supernatural power or a principle on which the destiny of Man depends and to which his abeyance and respect of Man are rendered. It fosters intellectual and moral attitudes resulting from this belief in conformity with a social model and constitutes spiritual practices of the intellectual, moral, and cultural aspects of life. It predisposes an institution, and not an organization

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