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Bloc 8406 Submission to the Australian Parliament Religious Inquiry 2017

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Bloc 8406 Submission to the Australian Parliament Religious Inquiry 2017 Bloc 8406 Submission to the Australian Parliamnent Religious Inquiry 2017 Bloc 8406 Submission to the Australian Parliament Religious Inquiry 2017 Bloc 8406 is one of the pro-democracy movements in Vietnam. Bloc 8406 was formed on the eighth of April, 2006 in Vietnam by 118 prominent Vietnamese people one of whom was the Catholic priest Nguyen Van Ly, a nominee for the 2013 Nobel Peace Prize. Since then its membership numbers worldwide have increased significantly. Even though Bloc 8406 is not legalised by the Socialist Republic of Vietnam (SRV) Government, it has been a driving force in promoting democracy and fighting for human rights in Vietnam. On behalf of all Vietnamese people including political and religious prisoners we are submitting the following facts and recommendations. Acknowledgments This submission is edited and contributed by the Bloc 8406 executives and team members as well as by Dr Thang Dinh Nguyen, CEO & President of BPSOS and Mr Thong Nguyen of Friends of Dong Yen Parish. We sincerely thanks Mr Thap Kim Tran and Dr Ky Hung Nguyen for their advices. Our contact details: Mr Anh Tuan Francis Pham 1 Bloc 8406 Submission to the Australian Parliamnent Religious Inquiry 2017 EXECUTIVE SUMMARY Whilst Vietnam's 2013 constitution states that all people have the right to freedom of belief and religion, the SRV Government continues to limit and suppress religious activities. Many religious groups reported various forms of governmental oppression in the past forty years. In particular, the increased frequency of harassment over recent years was alarming. These include monitoring, restrictions on travel, physical assault, short-term detention, imprisonments, and denials of registration and permissions. This is particularly the case in the Northwest and central highland areas. At the height of all the government's oppressing activities are the demolitions of Lien Tri pagoda and the Dong Yen Parish's Catholic Church premise despite the protests of corresponding abbots and followers. The current justice system appears to be a political apparatus of the Communist Party of Vietnam (CPV) being used for trialling political and religious dissidents. The system fails to meet fair international standards. The main goal is to punish any dissenting voice from the people and to prevent any challenge to the Party's political monopoly. The violation of freedom of belief and religion by the SRV Government was so severe that in its 16th report on religious freedom, the US Commission on International Religious Freedom (USCIRF)1 recommended the US Government to put Vietnam back on the list of Countries of Particular Concern (CPC). We believe that without active involvement and appropriate pressure from the international community and democratic governments such as the Australian Government, it is unlikely that the SRV Government will seriously fulfil its obligations in relation to freedom of belief and religion under international human rights treaties. This submission comprises of the followings: 1. The religious eradication system; 2. The legal framework; 3. The national director; 4. The containment; 5. Religions of Viet Nam; 6. Means of oppressing and persecuting religions; 7. Examples of suppression; 8. Case studies of violation since December 2000; 9. Australia's policy towards Vietnam's human rights violation ; 10. Recommendations. 1 US Commission on International Religious Freedom , 2016 Annual Report. 2 Bloc 8406 Submission to the Australian Parliamnent Religious Inquiry 2017 The religious eradication system The destructive religious eradication plan began as soon as the communists started their roots. The plan is simply brutal but effective: confiscation, spies, invasion, forced eviction, forced renunciation, frame clergy of wrong doing, infiltrate, murder, poison. In the name of the people and revolution all religious properties are confiscated, all religious clergies and practitioners must obey CPV, and all Vietnamese must worship the late CPV leader, namely, Ho Chi Minh. Slowly old religious clergies die and the new generation of religious clergies are either spies, or bowed to CPV. Every step in the path to become a clergy is faced with conditions and challenges from both the religious belief and from the CPV. One cannot become a clergy without agreeing to certain CPV’s conditions. All the resistant parishes/pagodas are either broken into pieces and/or relocated to remote areas. All resistant religious figures are faced with criminal charges and jailed. Newly formed religious branches are formed and under controlled by CPV. The plan was enforced by a deadly butcher: the specialised police force (A41) and thugs. A41 suppresses all religious activities and thugs destroy religious properties as well as bodily harm religious figures and followers. To deceive the population and international community the SRV Government allows religious institutions to exist under the management of the Committee of Religious Affairs (CRA). Religion institutions provide training ground for A41 members and new generation of clergies. CRA implements CPV policies. Religion institutions and CRA religious figures become the mouth piece of the CPV at national and international events. These figures replace temple abbots, sit at government tables, become members of parliament and run the smear campaign against their own religions, harass and intimidate unsanctioned religious groups. As the pressure of integration into international community for economical reason increases the system of religious eradication slowly changes to containment, and the speed of religious invasion becomes more urgent and ruthless. In all, the rights of religion and belief - through various decrees, ordinance and long-awaited law - has become less and less respected and protected. All the substances of true religion - justice, charity and a humble walk with God - are forged, fraud and deceit reign in the people and international community. The legal framework Since 1975, religion has been governed by a series of arbitrary government decrees. A shift from eradication to containment occurred in March 2005 when in 2004 the National Assembly passed an “Ordinance on Belief and Religion,” a measure one rank higher than a decree. The ordinance was followed by an implementing Decree 22 in 2005, which was replaced by a revised Decree 92 in January 2013. A special prime ministerial directive concerning Evangelicalism was also issued, in March 2005. Together, these documents were called the new religion legislation2. The ordinance and related implementing documents were issued largely in response to strong US 2 US Commission on International Religious Freedom , 2013 Annual Report. 3 Bloc 8406 Submission to the Australian Parliamnent Religious Inquiry 2017 leverage and pressure surrounding Vietnam’s compelling need to join the World Trade Organization for economic betterment. To qualify for membership, Vietnam first had to be removed from the US’ blacklist of the world’s worst religious liberty offenders, so Vietnam had to do something significant. In preparation for the Trans-Pacific Partnership agreement, Vietnam Constitution 2013 was harshly passed by the National Assembly followed by the law on Belief and Religion in mid- November 2016 (more than 15 percent of the assembly declined to support this legislation, unheard of in a parliament with a reputation for simply rubber stamping CPV’s policy). Article 24 of Vietnam’s 2013 constitution states: 1. Everyone has the right to freedom of belief and religion, and has the right to follow any religion or to follow no religion. All religions are equal before law. 2. The State shall respect and protect the freedom of belief and religion. 3. No one may violate the freedom of belief and religion, nor may anyone take advantage of a belief or religion in order to violate the law. Article 14, section 2 of Vietnam’s 2013 constitution defines the limitations on religious and other freedoms. The section implies it narrows the grounds for restrictions, but in fact they remain wide and allow for much arbitrary interpretation: 2. Human rights and citizens' rights may not be limited unless prescribed by a law solely in case of necessity for reasons of national defence, national security, social order and safety, social morality and community well-being. This section provides the basis to derogate all rights and freedoms, including religious freedom. The containment Article 5 of the Law on Belief and Religion (2016)3 states that the abuse of freedom of religion to sow division among “the national great unity, harm state defence, national security, public order, and social morale” is prohibited. Wordings like “national great unity,” “national security,” and “social morale,” are vague and can also be arbitrarily used by the SRV Government to punish bloggers and human rights activists. Under article 32, candidates for religious appointments must “have the spirit of national unity and harmony” while under Article 22 religious education must include “Vietnamese history and Vietnamese law” as core subjects. Article 12 requires religious groups to register with the SRV Government for routine events like annual religious festivals, conferences, and conventions. It also requires government approval for going to the seminary, going to be ordained, going to be hired at a house of worship — a monk in a pagoda, a priest in a church or an imam at the mosque. Prior to the promulgation of the Law on Belief and Religion (2016), the draft of this law was ill- received
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