RELIGIOUS FREEDOM VIOLATIONS

Religious Freedom Violations

By Van Nguyen




The communist rule in Vietnam negates to all intents and purposes the principles of natural rights of the human person. In its Marxist viewpoint , there are absolutely no “rights” that are above and outside “the laws.” Natural rights or subjective rights are only the products the capitalists invent to govern the masses. There are then no “natural rights,” the selfish individual rights of the capitalist. The best way is to build a classless society in which there will be no need for such rights. Nevertheless, in the by-pausing period to a classless society, the proletarian State still governs the society according to the laws enacted by the proletariat.  Therefore, only the rights that are regulated by these laws can be a matter of concern. Only  these objective rights, are legitimate, veritable, and correct.   

Human rights are universal and indivisible, nonetheless. They are founded on the eternal human values and the inviolable dignity of the human being. They cannot be subject to politically and ideologically assumed convictions. Men of good will should not put aside perennial values and give priority to certain theoretical presumptions. Erroneous interpretations from them will certainly lead to oppressive coercion and stifle unalienable rights to freedoms of Nan. The Communist Party of Vietnam, as a case in point, reserves for itself monopoly of power to subordinate the Vietnamese people to totalitarianism to follow the path of the so-called socialism, regardless of popular mandate. It favors the promotion of economic development at the expense of the unalienable rights of Man. Cultural values and religious principles are epi-phenomenal, and the principles of universality and indivisibility of the rights to religious freedom are excluded. The voice of the people is silenced and political obstinacy, illegal impudence, and brutal intolerance rule over equality, justice, and peace.  

The Universal Declaration of Human Rights affirms that “inherent dignity and the equal and unalienable rights of all members of the human family are the foundation of freedom.” The recognition of this truth “is the foundation of freedom of justice, and of the peace in the world (Preamble).” The first article of the thirty articles of the declaration stipulates: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience to act towards one another in a spirit of brotherhood.” The truth and human dignity and freedom are basic to moral teachings that are common to all old great religions of the world. From this common moral base, the declaration presents two large groups of rights: 1) the civil and political rights and 2) the economic, social, and cultural rights. Two separate groups of documents in 1966 speak of these rights. They aim to expand the rights to all peoples, “free of fear and misery.”  
     

The General Assembly of the United Nations in 1945 adopted the Human Rights Provisions which declare without ambiguity “to achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion (Article 1, No. 2).” The Universal Declaration of 1948 ends with this warning: “Nothing in this Declaration may be interpreted as implying for any state, group, or person any right to engage any action or to perform any act aimed at the destruction any of these rights and freedoms set forth hereof (Article 30).”

            

The Rights to Religious Freedom

 The rights to the freedom of religion are universal. They are true in all societies, to all peoples on earth, and for all cultures of mankind. Only a totalitarian regime can pretend that religious rights issues are internal affairs of a country, that only the administration of that country can stipulate the norms of religious rights for its citizens, and that no other countries that respect rights can infringe on internal affairs. The Universal Declaration was proclaimed in 1948. The International Bill of Human Rights, the Covenant on Civil and Political Rights, and the Covenant on Economic, Social, and Cultural Rights all proclaim the rights to religious freedom. The Socialist Republic of Vietnam has become a signatory to these readies, but has nevertheless violated many provisions of the treaties by which it pledges to abide.. Its repressive policies and measures against the rights religious freedom is a retrogression of humankind progress. That is not only a perfidious attitude toward the international community; it is also an act of audacity against it.

The Violations of Religious Freedom

Vietnam is the signatory to the International Bill of Human Rights of the United Nations and the International Covenants of the United Nations on Political and Civil Rights. There must be demand of it the cognizance for its surging back to serious and systematic violations, to accord religious freedom to its citizens. It is the duty of the United Nation to protect and render services for Man. It is the duty of the governments that have maintained relations with Vietnam, especially those that highly honor the values of the rights of  Man.  It is the duty of those who do business with this country. It is also the duty of independent organizations tto push foward the movement for the rights to religious freedom. Speak out, and speak clearly!  (Singapore, February 15, 2000 Commission on Religious Freedom of World Evangelical Union)

   

Vietnam is a country that harbors enormous considerations as regards religious freedom. The visitors to the cities can attest the manifestations of a gloomy  religious life. Religious institutions are subject to State control. Churches, chapels, and pagodas of various independent sects and religious denominations are well under constant threat and anguish. Effecting radical change in accordance with historical materialism, the communist leaders have decided since the half of the 1990's  to promote with afterthoughts the "traditional culture and religions," the cult of the ancestors and other animist practices, especially traditional religious practices among the ethnic minorities in the highlands. This camouflage fails blind the eyes of the international community. Likewise, the communist rule admits that religion is "a need for certain people" and announces with copious supply of publicity of complete religious liberty. Nevertheless, the free exercise of religion is strictly limited. A religious activity that the State cannot co-opt, control, or politicize is quickly fixed with "illegal," and they are subjected to a harsh "legal" repression by way of extra-judiciary measures that are still more severe. And nothing will be improved! (Commission of Religious Freedom, February 2000)

 For decades, the Communist Party of Vietnam and State have always shown disrespect for religious freedom. They have adopted a hostile attitude to even positive elements of diverse religions. They relentlessly repress all efforts of religious propagation and practices. They terrorize, arrest detain, and execute priests, monks, men of conscience, and patriotic followers of diverse religions. They limit, restrict, and control the formation, ordination, nomination, and displacement of the clergy of diverse religions, using both administrative measures and violence to condition them into organisms or satellites operating within the State’s orbit. The political goals were established in 1945 by Ho Chi Minh and have been followed over six decades by the communist rule. Successive communist administrations have never ceased to watch with suspicion over the Churches, their dignitaries, and faithful because of their possible “counterrevolutionary activities.” This repressive policy and measures are executed in the police operations and propaganda campaigns against the religions. They are also manifest in the legalized documents concerning religion, particularly in the Resolution No. 24 of the Politburo, the Decree No. 69/HDBT of March 21, 1991, and the Ordinance on Beliefs and Religion of the National Assembly of January 15, 2004.     

The Socialist Republic of Vietnam has abused the powers of the executive and legislative to render legal matters that are within the competence of the legislature provided for in the constitution. The laws on religions, in particular, are seriously unconstitutional with respect to national laws and illegal as far as international laws are concerned. They violate the freedom of religion in, at least, three major categories: 1) it tacitly negates the existence of the Churches as legal entity as it does not accommodate any disposition to defining the procedure for the formation of a Church. It does not recognize the legal status of certain legitimate Churches; 2) It places religious activities under the category requiring prior authorization and constraints that are more political than legal; and 3) It violates the principle of separation of the State and the Church with  a) systematic infringement the internal affairs of the Churches by dictating prior registration of all activities of the Churches to be performed at designated worship places, b) the formation and training of monks and priests, including the control of personnel  and the revision of curricular programs, c) the ordination and promotion of monks and priests, d) the assignment and transfer of monks and priests, and e) the conduct of affairs of monasteries and convents and any form of collective religious practices and charitable activities. 

    Violations of Domestic Laws

As a result of the systematic eradication of religious organizations, the   dispossession of all Churches’ properties, and the persecution of the clergy and laity of all faiths and the persistent persecution of clergy and laity of all faiths the Socialist Republic of Vietnam is in serious violation of religious freedom. It is in serious violation of all constitutional and regulatory laws promulgated by its successive administrations. It is in serious violation of the decree of protection of freedom of conscience stipulated by the People’s Congress on August 17, 1945.

 By the destruction of religious institutions before and after the Geneva Agreements (1954), the Vietnamese Communist rule is in serious violation of the decree on the protection of the Democratic Republic of Vietnam promulgated on September 20, 1945; 2) By inhibiting the citizen’s rights to freedom of speech and freedom of creed, the Vietnamese Communist rule is in serious violation of Article 10 of the 1946 Constitution; 3) With the oppression and  repression against all forms of aspirations for religious freedom, democracy, and human rights, the Vietnamese Communist rule is in serious violation of the following  articles of the 1980 Constitution. Article 67, freedom of speech, freedom of the press, and freedom of religion, Article 70, protection by the law with regard to life, honor, and property, and Article 73, the right to lodge a complaint or denunciation regarding transgression of the laws; 3) The Vietnamese Communist rule, with its inappropriate policies and repressive measures against the religions, is in serious violation of numerous provisions of the 1992 Constitution: a) It breaches Article 5, stating the inhibition of the discrimination among the nationalities, the development of customs, practices, traditions, and culture; b) Article 30, the right to the human person in the political, civil, economic, cultural, and social fields; c) Article 58, the right to ownership and inheritance; d) Article 68, freedom of movement; e) Article 69, the right to enjoy the freedom of speech and the press, and to inform and hold meetings; f) Article 70, the right to religious freedom, and g) Article 73, the right to free residence.

     Violations of International Laws

 A state member of the United Nations, the Socialist Republic of Vietnam nevertheless is in serious violation of the rights to religious freedom provided by the Universal Declaration of Human Rights according to which “everyone has the right to freedom of thought, conscience, and of religion.” The right includes the freedom to change one’s religion or belief, either alone or in conformity with others, in public or private, to manifest one’s religion or belief in teaching, practice, worship, and observance. Therefore, the restrictions as well as the failure to determine the essentials of freedom are undeniably violations on Article 18. It is also in serious violation of at least seven other articles of the Universal Declaration of Human Rights. They include the infringement on human rights concerning the rights to reason, conscience, and brotherhood (Article 1), the right to life, liberty, and security of the person (Article 3), the freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media regardless of frontiers (Article), and the right to freedom of peaceful assembly and association according to which no one may be compelled to appertain to an association (Article 20).

It is in violation of other international human rights agreements, such as the U.N. Declaration against Religious intolerance, the 1981 U. N. Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion and Belief. Religious persecution and discrimination on political grounds constitute infringement on human rights and create injustice among human beings. It constitutes an affront to human dignity as well as a disavowal of the principles of the Charter of the United Nations whereby the principles for religious freedom are observed. The respect for embodies, among other rights,  the rights to assemble in association with religion and belief, establish and maintain the places of worship and humanitarian institutions, communications with individuals and communities in matters of religion and belief. 

A signatory to the International Covenant on Civil and Political Rights, the Socialist Republic of Vietnam is in serious violation numerous articles of this covenant. They include the rights to fundamental rights (Article 5), the right to liberty and security of person (Article 9), the right to be treated with humanity and with respect for the inherent dignity of the human person (Article 10), the right to liberty of movement and freedom to choose residence (Article 18), the right to freedom of expression, and the right to freedom of association. A signatory to the International Covenant on Economic, Social, and Cultural Rights, the Socialist Republic of Vietnam is in serious violation of the right to self-determination of the people (Article 1) and the promotion of the general welfare in a democratic country (Article 4).

In the light of the principles of religious freedom and freedom of conscience, the politics of control on the population of the State of the Socialist Republic of Vietnam are considered totally unacceptable. It is clear that, in the global comprehension of human rights, the responsibility of the protection of these rights belongs not only to the State but also to each person or group. As always, The Hanoi regime has ever favored the idea that only the State could enact these rights. That idea is not right and has been put into question. It is clear that individuals and groups other than the State can enact these rights and are responsible for them.  It is also the task of the international community to watch over and correct serious violations of fundamental human rights.  

    

The injustices committed against the dignity of man and his rights by the Communist Party and State of Vietnam should be denounced as they have made the Universal Declaration of Human Rights something unreliable. The situation presents an act of defiance to the international community. Religious freedom needs protection, and religions need to be free to pursue their mission to defend and promote the rights of man. Human rights are indivisible. They are founded on the transcendental and inviolable dignity of the human being and cannot be subject to the so-called democratic inquiries or polls of politically and ideologically correct convictions followed by a few changes from time to time. One cannot put aside and ignore one of these premises while giving priority to another. Human rights are universal. They are true in all societies, to all the peoples on earth, and for all cultures of mankind. Only a totalitarian regime pretends that human rights issues are internal affairs of a country, that only the administration of that it is entitled to authority to stipulate the norms of human rights for its citizens, and that no other country that respects human rights could infringe on its internal affairs.The Vietnamese Communist Party is truly at the helm, but its leadership still looks to a double religious policy to control the religions. Periodic appeals for vigilance against “the enemies of the people” continue to be issued. Among the suspected enemies are members of all independent religious sects, Cao Dai, Hoa Hao, the Vietnam Unified Buddhist Church, non-sanctioned Evangelical Christianity denominations, and various Catholic groups. Obviously, the Communist State is in possession of monopoly of power with stricter means of control, and harsher repressive measures than those of the ancient Confucian feudalism of the Nguyen Dynasty, the French imperialism, and the Japanese fascism. It is safe to say that the Communist regime is successful where the other regimes are not. It is also safe to believe that religious aspirations are ever powerful not to be uprooted.  The tragic outcome of the tension created by the totalitarianState is still very much with all faiths.                                                                                                                                                                                                          
  
Merciless oppression, repression, and persecution are leveling against the clergy, the faithful, and rights advocates. People of good will need solid protection for religious freedom. The realization requires religious principles and perennial moral and spiritual values are honored and preserved. Over the past years, international human rights organizations and personalities have voiced concerns over human rights situations in Vietnam. The rights struggle of the Vietnamese people has obtained compassion and support from public opinion worldwide. Our hope is that the progress of world in the economic, political, and cultural domains the propagation of thoughts of the media, the advances of high technology, and, of most importance, the will of mankind will ever be the foster forces to restore justice, freedom, and peace in this world.