On 22 January 2019, Vietnam underwent for the third time a comprehensive peer review of its human rights record at the Human Rights Council (a process known as Universal Periodic Review or UPR), amidst what many rights groups and observers have called the worst wave of crackdown on dissent, activism and civil society in years.
121 governments took to the floor and made close to 300 recommendations on a wide range of human rights issues. Under the rules of the UPR, Vietnam can choose to “accept” or merely “note” the recommendations it receives and must do so in writing by the time the 41st session of the Human Rights Council begins in late June 2019.
Governments have the primary responsibility to implement those recommendations that they have accepted and report progress therein in the next cycle of review.
Many of the issues raised during the third review are the subject of recommendations that Vietnam had accepted to implement or noted in the two previous UPR cycles. Critics say that Vietnam not only failed to implement them but have taken actions to the contrary.
Prior to the latest review, numerous independent civil society organizations, both inside Vietnam and internationally, submitted parallel reports to the United Nations on the non-implementation of previously accepted recommendations and the overall deteriorating human rights situation in Vietnam.
Below are some highlights of recommendations clustered by several major recurring thematic issues (the number preceding each recommendation refers to the paragraph number in the draft outcome report of Vietnam’s third UPR, followed by the name of the recommending country in parentheses):
- Civil Society and Human Rights Defenders
- Restrictive Laws and Regulations
- Death Penalty
- Discrimination, Inequalities and Vulnerable Groups
- Fundamental Freedoms
- Judicial System, Fair Trials and Due Process
Civil Society and Human Rights Defenders
6.55 Take steps to protect human rights defenders, particularly by repealing or revising the provisions of the Penal Code that make reference to the concept of national security (France)
6.145 Immediately release prisoners who have been arbitrarily or unlawfully detained and allow them to exercise their human rights and fundamental freedoms in Vietnam, including Ho Duc Hoa, Tran Huynh Duy Thuc, Tran Thi Nga, Nguyen Bac Truyen, and the members of the Brotherhood for Democracy (United States of America)
6.175 Release human rights defenders sentenced to prison for exercising the right to freedom of expression (Iceland)
6.177 Take the necessary measures to ensure the freedom of expression of human rights defenders and journalists, in particular by investigating and punishing perpetrators of threats and reprisals against them (Argentina)
6.180 Protect human rights defenders and prosecute all persons guilty of violence or intimidation against them (Luxembourg)
6.186 Review regulations impeding the operation of Civil Society Organisations, to enable a more open space and ensure that national security provisions are not used to prevent peaceful debate and dissent (Ireland)
6.191 Release all human rights defenders as well as political and religious activists detained for the peaceful expression of their political opinions or religious belief (Poland)
6.198 Adopt measures in line with international standards to guarantee freedom of association, opinion and expression, including online, and to ensure that journalists, human rights defenders and NGOs can freely operate (Italy)
6.202 Guarantee Fully freedom of speech, the rights of peaceful assembly and association as well as the safety of journalists, and review cases of persons convicted for having freely expressed their opinion, including human rights defenders (Switzerland)
6.203 Improve protection of the rights to peaceful assembly and expression by reviewing existing legislation, and publishing and implementing clear, transparent guidelines on security personnel conduct in managing peaceful demonstrations (United Kingdom of Great Britain and Northern Ireland)
6.205 Ensure consistent implementation of the Law on Belief and Religion particularly at the local level, including with respect to registration of Protestant groups and other groups in Northwest Highlands provinces, and remove undue restrictions on access to religious materials and clergy for those imprisoned and cease any harassment of independent groups on account of their religion (United States of America)
6.211 Publicly recognize human rights defenders and provide an environment in which they can carry out their human rights work safely (Belgium)
6.214 Nurture a culture of free expression online and offline, release all imprisoned human rights defenders, including bloggers and political dissenters, and put an end to their harassment (Czechia)
6.215 Create an enabling environment for independent civil society and ensure that the prepared Law on Association facilitates the registration, work and funding of NGOs free from undue State interference and restrictions (Czechia)
6.216 Lay ground for political plurality and democracy and guarantee its citizens the full enjoyment of the rights to vote and to be elected and to take part in the conduct of public affairs (Czechia)
Restrictive Laws and Regulations
6.73 Adapt the Code of Penal Procedure to international standards and amend Articles 109 and 117 on “activities against the State” in the Penal Code, in line with human rights standards (Switzerland)
6.167 Repeal or amend provisions in the Penal Code and Cyber Security Law so that provisions relating to national security are clearly defined or removed, to ensure that they cannot be applied in an arbitrary manner to endanger any forms of freedom of expression, including internet freedom (Finland)
6.171 Review all convictions based on laws restricting freedom of expression and opinion, in particular articles 79 and 88 of the Penal Code, according to the revised penalty ranges (Germany)
6.174 Consider revising national legislation, including the Law on Belief and Religion and the media Laws, in order to harmonize it with international standards regarding the right of freedom of expression and of religion (Brazil)
6.183 Amend, within one year, the 2015 Penal Code, Decree 174/2013, Decree 72/2013, Decree 27/2018, the 2018 Law on cybersecurity and articles 4, 9, 14 and 15 of the 2016 Press Law, to guarantee offline and online freedom of press and expression, and the right to privacy, in line with articles 17 and 19 of the International Covenant on Civil and Political Rights (Netherlands)
6.185 Related Cybersecurity Decrees should include clear provisions for interpretation of the Law on Cybersecurity according to international standards on freedom of expression (Ireland)
6.187 Ensure that the legal framework protects freedom of expression both offline and online and accordingly amend the Penal Law and Law on Cybersecurity to ensure consistency with international human rights law, including the International Covenant on Civil and Political Rights (New Zealand); Ensure that freedom of expression is protected online and offline by amending national security provisions in the Penal Code, and the Cybersecurity law and its implementing decree, so as to comply with article 19 of International Covenant on Civil and Political Rights and other commitments (Sweden); Guarantee the rights to freedom of expression and freedom of assembly and amend the penal code and the Cyber Security Law to make sure that the limitations on the right of freedom of expression are in line with the International Covenant on Civil and Political Rights (Austria); Review the Criminal Code and the law on cybersecurity to harmonize it with international standards related to the freedom of expression, association and assembly (Canada)
6.188 Revise the provisions of Articles 117 and 331 of the 2015 Penal Code and other relevant laws that restrict the ability to exercise fundamental freedoms and allow free operation of national and international media (Norway)
6.193 Ensure full implementation of its international human rights obligations regarding freedom of religion and belief by reviewing the Law on Belief and Religion to bring it into line with article 18 of the International Covenant on Civil and Political Rights (Poland)
6.194 Abolish prior censorship in all fields of cultural creation and other forms of expression, both online and offline, including by bringing the restriction to freedom of expression under the 2016 Press Law in line with international standards and fostering a pluralistic and independent media environment (Portugal)
6.197 Review and amend national legislations in order to enable the effective exercise of the rights of freedom of expression and peaceful assembly in line with the standards enshrined in the International Covenant on Civil and Political Rights (Seychelles)
6.212 Review the law on religion and belief to enable religious groups to practice freely (Canada);Review the 2016 Law on Belief and Religion and bring it in conformity with international human rights standards and freedom of religion or belief standards (Croatia)
6.5 Accede to the Second Optional Protocol to the International Covenant on Civil and Political Rights aimed at abolishing the death penalty (El Salvador); Ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the Abolition of the Death Penalty (Montenegro); Ratify, without reservations, the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (Slovenia); Ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty (Croatia)
6.140 Initiate a moratorium on the imposing of capital punishment and especially for non-violent crimes (Finland); Consider implementing a full moratorium on the death penalty (Georgia); Impose a moratorium on executions and abolish the death penalty (Iceland); Establish a de facto moratorium on the death penalty with a view to its abolition (Portugal); Establish a moratorium on the application of the death penalty as a step towards its definitive abolition and modify the Penal Code to reduce the number of crimes for which the capital punishment can be imposed (Spain); Impose a moratorium on executions with the goal of abolishing the death penalty (Albania); Establish a moratorium on the death penalty as a step towards complete abolition of this practice (Australia); Immediately adopt a moratorium on the death penalty with a view to ultimately abolishing it (Austria); Take the necessary measures to establish a moratorium on executions of death row prisoners as well as to repeal the death penalty from their national legislation (Argentina)
6.141 Abolish the death penalty and, without delay, reduce the number of offences punishable by the death penalty (France); Abolish definitely the death penalty and ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the Abolition of the Death Penalty (Luxembourg); Continue reform towards abolition of the death penalty, including by continuing to reduce the list of crimes punishable by the death penalty under the Penal Code 2015, in particular non-violent crimes, and by providing greater transparency about the numbers, methods and associated crimes relating to its use (New Zealand); Abolish the death penalty for all crimes, and consider ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed at abolishing the death penalty (Uruguay)
6.142 Further reduce the list of offences punishable by death, eliminate the death penalty for “activities against the people’s government”, “espionage”, “embezzlement”, and “taking bribes” as well as for serious drug offences (Germany); Continue to reduce the number of crimes subject to the death penalty and consider introducing a de facto moratorium on its application (Mexico); Continue to reduce the scope of crimes subject to the death penalty only for “most serious crimes” and consider introducing a moratorium (Norway); Continue the process of reduction of offences subject to death penalty, until the abolition of the capital punishment and to publish statistics on the use of death penalty in Vietnam (Romania); Further reduce the offences punishable by death penalty and provide official figures regarding death sentences and executions; consider to introduce a moratorium of death penalty (Italy)
6.143 Reduce further the list of crimes punishable by the death penalty, in particular economic crimes and drug-related offences, and envisage a complete moratorium on the application of the death penalty (Switzerland)
6.144 Assist the process of national discussion on death penalty with a view of its eventual abolishment (Ukraine)
6.146 Restrict the use of the death penalty to crimes that meet the threshold of “most serious crimes” under international law (Belgium)
6.290 Cease applying the death penalty for non-violent crimes, including drug offences (Australia)
6.291 Introduce a national moratorium on the death penalty, aiming at complete abolition. Until then, reduce the number of crimes subject to the death penalty, ensuring that it does not apply to offences other than the “most serious” crimes, in accordance with International Covenant on Civil and Political Rights (Sweden)
Discrimination, Inequalities and Vulnerable Groups
6.90 Continue efforts in eliminating inequalities in access to public services (China)
6.92 Increase efforts in addressing discrimination, in line with its international obligations, and towards improving its legal framework against gender-based violence (Greece)
6.93 Enact legislation to ensure access to gender affirmation treatment and legal gender recognition (Iceland)
6.96 Continue to conduct studies with a view to amend existing or introduce new legal instruments to eliminate all forms of discrimination against people living with HIV (Malaysia)
6.97 Take further steps to ensure the protection of all vulnerable groups in society including LGBTI persons (Malta)
6.98 Legalize same-sex marriage before the next UPR (Netherlands)
6.99 Explicitly provide “sexual orientation” and “gender identity” as a forbidden ground of discrimination in the revised Labour Code and other relevant laws (Norway)
6.107 Take further measures to reduce inequalities and enhance access to services especially to vulnerable persons, including women, children and disabled (Bhutan)
6.108 Review the Labour Code and the law on gender equality to include a detailed definition of sexual harassment (Canada)
6.109 Develop legislation against discrimination on the grounds of sexual orientation and gender identity (Chile)
6.153 Set up a robust legislative framework prohibiting and sanctioning all discriminatory practices, enabling victims access justice (Madagascar)
6.170 Take measures to combat religious motivated violence and harassment and ethnic discrimination and inequality (Brazil)
6.217 Revise the Penal Code and the Criminal Procedure Code and criminalise all forms of violence against women, raise public awareness on gender equality and combating discrimination against women and girls, enhance efforts and measures to prevent and combat human trafficking, especially that of women and children (Hungary)
6.229 Adopt marriage equality legislation, extending full marriage rights to same-sex couples (Iceland)
6.230 Review the Law on Marriage and Family with a view to setting the same minimum age for marriage for women and men (Zambia)
6.231 Review the law on marriage and the family to guarantee the equality to same sex couples (Canada)
6.259 Step up the efforts for the participation of woman in political and public life and their representation in the decision-making bodies (Ethiopia)
6.260 Prohibit all forms of violence against women and strengthen women’s access to justice (Iceland)
6.261 Continue to strengthen measures to prevent abuse and violence against women (Japan)
6.262 Adopt a national plan of action to prevent all forms of violence against women and assign sufficient resources for its implementation (Spain)
6.263 Further invest in women’s economic empowerment and promote decent work for women in partnership with relevant international organizations (Thailand)
6.268 Implement the policy on promoting gender equality and bridging the gender gap, which focusing on enhancing the role and participation of women in the political, economic and social spheres (Cambodia)
6.284 Develop, in line with the Convention on the Rights of Persons with Disabilities, community-based and people-centred mental health services that do not lead to institutionalization and over medicalization and that respect the free and informed consent of persons with mental health conditions and psychosocial disabilities while combatting stigma and violence against them (Portugal)
6.288 Pursue efforts to adopt national legislation to ensure further respect of the rights of migrants, to prepare the ground for the International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families (Egypt)
6.289 Continue its efforts on prevention and reduction of statelessness through among others reacquisition of Vietnamese nationality and prevent children statelessness (Kenya)
6.42 Enhance efforts to comply with the recommendations accepted during the second Universal Periodic Review cycle on guaranteeing the right to freedom of expression (Chile)
6.168 Take steps to guarantee freedom of opinion and freedom of expression, including on the internet, in the context of the adoption of the law on cybersecurity (France)
6.179 Protect civil and political rights, especially freedom of expression, peaceful assembly and association (Luxembourg)
6.184 Restrictions on freedom of expression, and particularly online freedom, be lifted in line with Vietnam’s obligations under international law (Ireland)
6.189 Strengthen efforts to ensure the freedom of expression, including in the digital environment (Peru)
6.195 Ensure freedom of expression, including online, and promote actions to ensure freedom and independence of the media (Japan)
6.196 Continue the measures aimed at lifting all restrictions on the right to freedom of opinion and expression and to allow bloggers, journalists and other internet users to promote and protect human rights (Romania)
6.199 Enhance efforts to guarantee freedom of religion or belief, also by further reducing administrative obstacles to peaceful religious activities and by combating violence and discrimination on religious grounds (Italy)
6.200 Adopt legislative changes to guarantee the protection and free exercise of freedom of expression, association and peaceful assembly (Spain)
6.206 Take the necessary measures to eliminate administrative barriers in order to guarantee exercise of freedom of worship (Angola)
6.207 Enact laws to provide for freedom of assembly and peaceful demonstration in line with the International Covenant on Civil and Political Rights (Australia)
6.209 Take further steps to ensure an independent and pluralistic media landscape, including by reducing political influence on media outlets (Austria)
6.210 Safeguard freedom of religion and believe for all in Vietnam (Kenya)
6.213 Increase and ensure Vietnamese citizens’ access to information, including by increasing radio and television coverage in all parts of the country (Cyprus)
6.236 Allow for the establishment of independent trade unions and to recognize their right to organise (Canada)
Judicial System, Fair Trials and Due Process
6.147 Ensure that evidence obtained through torture is inadmissible in trial in keeping with Viet Nam’s obligations under the Convention against Torture (New Zealand)
6.148 Take steps to prohibit harassment and torture during the investigation process and detention and punish the perpetrators (Togo)
6.150 Abolish immediately at all levels the exercise of outdoor trials to ensure the right to the presumption of innocence, effective legal representation and fair trials (Denmark)
6.152 Revise the judicial system to provide a safer environment to victims in case of all crimes (Hungary)
6.156 Pursue judicial and institutional reforms to bring them into line with international human rights standards (Senegal)
6.158 Ensure that fair trial guarantees and due process rights, as provided in international law and standards, are respected and upheld in all cases (Slovakia)
6.164 Amend the Criminal Procedural Code so that persons are represented by a lawyer immediately following their arrest and to guarantee their right to a fair trial (Canada)
|About the Author
Shiwei Ye is an Asia-based independent human rights analyst, strategy advisor, trainer, and civil society consultant.
2020: 10 Religious Problems That The Vietnamese Government Doesn’t Want You To Know About
Vietnam makes no progress with freedom of religion, which remains tightly controlled.
Vietnam is among countries with the greatest diversity of religions, but it is also among those that suppress freedom of religion most heavily.
In 2020, ethnic Thuong in the Central Highlands, Hoa Hao Buddhists, independent Cao Dai practitioners, and followers of new religions in the northwest all had to pay the price for exercising their freedom of religion.
1. No place for new religions
Vietnam possesses a great diversity of religions, but the government is quite strict with new ones.
Recently, a woman introduced me to Phap Mon Dieu Am. She advised me to eat vegetarian and call a phone number to receive “messages that will be imprinted on your heart”.
Phap Mon Dieu Am is a new religion, and the Vietnamese government prohibits spreading it.
Authorities worry that new religions will destabilize security and spur anti-government activities. All new religions are referred to generally as “heresies.”
In the northwest region, especially Dien Bien Province, two new religions have sprouted, known as the Gie Sua and the Ba Co Do religions.
The province has initiated criminal proceedings against three people for “acting to overthrow the people’s administration” and “harboring criminals” in relation to the Gie Sua religion.
Dien Bien police also acknowledged that it has pressured residents to sign forms giving up their new religions.
“We went from house to house, explaining things to the residents and asking them to sign pledges giving up the Gie Sua religion, to not believe in the propaganda about establishing “the Mong Kingdom,” Major Vu Van Hanh told the Dien Bien Phu Paper in February 2020.
“As of today, the Na Co Sa border defense post has gotten 55 households/325 individuals to sign pledges giving up their heresies”, he said.
Despite the government’s threats, other new religions continue to silently operate across the country.
The Government Committee For Religious Affairs stated in 2015 that there were approximately 60 instances of new religions in Vietnam.
And yet, throughout Vietnam, people could sometimes unexpectedly hear information about these strange, new religions like Phap Mon Dieu Am, Thanh Hai Vo Thuong Su, Gie Sua, Ba Co Do, Hoang Thien Long, Phap Mon Di Lac, Buu Toa Tam Giao, or Hoi Thanh Duc Chua Troi Me…
2. Ethnic Thuong living under strict religious policies
Since 1975, the Thuong ethnic group has been beleaguered as they have never been in their history.
After the government forced them to give up their traditional faiths, many converted to Catholicism and Protestantism. However, the Thuong have not been able to escape government harassment and are not allowed to freely organize their religious activities.
Peaceful civil activities such as gatherings and protests are all seen as linked to heresies.
Dega Protestantism, Ha Mon, and the Protestant Church of Christ are all seen as heresies that mislead the masses.
In March 2020, three Ba Na followers of the Ha Mon religion that had absconded into the jungle for seven years were arrested on suspicion of spreading anti-state propaganda. In June, rather than being charged, the three underwent criticism sessions before the people.
In July, another ethnic Thuong underwent a public criticism session for illegally crossing the border to Cambodia many times, propagating “heresy”, and distorting state policies.
Thuong refugees in Thailand have stated that members of their ethnic group from the Central Highlands escape across the Vietnamese border every month. Currently, there are a little over 500 Thuong refugees in Thailand.
3. Interfering in the internal affairs of religious organizations
The arms of the state reach deep into the internal affairs of religions.
In June 2020, the Government Committee For Religious Affairs ordered the Tien Thien Cao Dai Temple to “create regulations for active dignitaries and functionaries, as well as regulations to resolve letters of petition and grievance, and the selection of dignitaries to be applied to its followers”. These regulations should be the internal matters that the religious organizations voluntarily manage, but the government is directing them to comply with specific instructions.
In Phu Yen Province, local authorities and the Tay Ninh Holy See Cao Dai Great Temple, Vietnam’s largest Cao Dai organization, tried to take over the independent Phu Lam Cao Dai temple in June 2020.
In a conference marking 25 years of state management of the Cao Dai religion, “the church of churches,” i.e. the Government Committee For Religious Affairs, stated that it will increase its research to study more closely the Cao Dai religion and to manage this religion, preventing it from further splintering and having internal conflicts between the religion’s own organizations.
In June 2020, the Diocese of Vinh decided to retire Dang Huu Nam, a clergyman well-known for his civil society activities. After the decision, the People’s Daily and many anonymous pro-government web pages stated that the removal was well-deserved because of Nam’s anti-government activities.
4. Arresting Falun Gong practitioners
As of October 2020, at least 66 Falun Gong practitioners have been arrested and punished administratively for storing or distributing flyers regarding the religion. You may yourself see in public spaces a number of people practicing Falun Gong, numbers which are growing by the day in Vietnam.
However, distributing flyers or practicing Falun Gong with others at home are considered violations of the law. In Quang Tri, a high school principle was harshly disciplined for inviting a large number of people to his home to practice Falun Gong.
In July 2020, police arrested 28 people for attending a lecture on Falun Gong at a residence in Ha Tinh Province.
Local authorities state that spreading Falun Gong violates the law because the religion has yet to be recognized by the state.
But Falun Gong practitioners disagree with this.
“Our connections are very loose,” a Falun Gong practitioner stated in an interview with Luat Khoa. “We don’t organize into associations or anything like Catholicism or Buddhism.”
LIV, the organization that manages Luat Khoa magazine, has archived information regarding Falun Gong practitioners that have been arrested. This list is a part of a database on freedom of religion in Vietnam, which can be found at: https://www.liv.ngo/data/
5. Controlling publishing
Arrested Falun Gong practitioners have been administratively punished based on a decree regarding publishing. Specifically, they were punished for distributing flyers without government approval.
Publication policies are particularly strict when it comes to religion or politics.
In 2012, the government stipulated that the borrowing or gifting of publications between citizens requires government permission.
The Government Committee For Religious Affairs manages the Religion Publishing House and is the department in charge of censorship for religious publications.
Control of publishing certainly exercises a heavy influence on the development of religions, and it is impossible to avoid the idea that the government censors with a heavy hand to purposefully limit this development.
6. Punishing individuals
In February 2020, Vietnam’s longest imprisoned monk Venerable Thich Quang Do passed away.
Before 1975, Venerable Quang Do actively mobilized for the Unified Buddhist Church of Vietnam. After 1975, he continued to lead this delegation, despite fierce government suppression that continued until his death.
Many other religious dignitaries remain subject to the government’s control and punishment.
In January 2020, the head of Song Ngoc Parish Father Nguyen Dinh Thuc stated that he was banned from holding mass beginning in August 2019. Father Thuc is widely known by the public for his civil society activities among central Vietnamese fishermen after the Formosa environmental disaster. Between 2017 and 2019, the government banned him from traveling overseas twice.
In February 2020, a Khmer monk named Seun Ty had his passport confiscated for two weeks, with the government threatening that he had violated Vietnam’s Cybersecurity Law. In May 2020, authorities refused to issue a passport to Nguyen Van Toan, a clergyman that often publicly criticized the government.
After issuing complaints about discriminatory treatment, including instances of torture, families of a number of imprisoned religious activists stated that they had lost touch with their loved ones behind bars.
The government disapproves of religious activists linking with diplomatic missions of their own accord.
The authorities ordered four religious activists in the Central Highlands, Pastors Nguyen Ngoc Khanh, Y Kuan E Ban, Y Quy Bdap, and Y Khen Bdap to come in for questioning after they met with an American delegation regarding religious freedom.
7. Obstructing freedom of association
In 2020, the Unified Buddhist Church of Vietnam and the Pure Hoa Hao Buddhist Church continued to operate without legal recognition. As in previous years, members of the group were prevented by police from conducting ceremonies at their headquarters in March and July.
A number of members of the Unified Buddhist Church of Vietnam stated that the government interfered in the February 2020 funeral of Venerable Thich Quang Do, stripping them of the right to manage the event. The attempted seizure of the Phu Lam Cao Dai Temple also demonstrates that the government does not accept the idea of practitioners there operating independently.
8. Seizing property and possessions
The government has moved from seizing religious properties after 1975 to now “re-appropriating” them.
In 2020, Thi Nghe Parish in Ho Chi Minh City and the Dominican Sisters of St. Catherine Siena Tam Hiep in Dong Nai Province stated that the usage rights for two schools that the government previously borrowed were quietly transferred to state entities.
Policies from 2003 related to land and properties of religious organizations helped local authorities gain usage rights over religious properties that they were “borrowing.”
Currently, religious organizations do not have the legal grounds to demand their properties back if the government refuses to return them.
Religious organizations that possess large pieces of land can also become targets of harassment.
In Thua Thien – Hue Province, Thien An Abbey and provincial authorities are in conflict over the abbey’s land and property. The abbey’s 107 hectares of land has been continually chipped away by the government since 1975, without notification nor compensation.
In June 2020, Thien An Abbey’s forests were attacked by individuals who cut down trees and sawed deeply into the roots of many conifers.
On August 13, 2020, an area household mobilized a group of men to hammer down stakes and put up barbed wire on a part of Thien An Abbey’s land.
Another problem is that religious organizations are not allowed to sell or purchase land and must wait on the government to provide it.
In Ninh Binh Province, members of the Dong Dinh Parish were extremely upset when local authorities refused to give their land to their church. After the parishioners had donated the land to the government to pass to the church in accordance with the law, commune cadres announced that they would not turn the land over to the church but instead, would build a flood-prevention dyke between the current church land and the land parishioners had given to the government.
9. Religious organizations hit with reprisals
Letters police sent to members of Phu Lam Temple inviting them in for questioning. Photo: Cao Dai Orthodox Preservation.
In August 2020, a crowd that included residents and commune cadres protested for two days on land disputed by Thien An Abbey, local households, and the government. The crowd hung up banners and used loudspeakers to decry the monks “taking their land.”
In Phu Yen Province, after supporting the unsuccessful takeover of Phu Lam Temple, provincial authorities invited five members of the temple in for questioning. Authorities threatened these members, telling them that they had to accept the government’s takeover order.
In 2020, Central Highland provincial authorities accused the Protestant Church of Christ of using religious activities to incite people to oppose the government. Many members of this church were taken in for interrogation.
10. Controlling the press
The Vietnamese government maintains a monopoly over all official media. With regard to religious issues, Vietnam’s journalists present information according to government instruction. In February 2020, Tuoi Tre Newspaper had to remove an article about Venerable Thich Quang Do’s career.
In June 2020, many publications simultaneously posted articles rejecting accusations in a 2019 international report regarding religion issued by the United States. In August 2020, the monks of Thien An Abbey issued a rebuttal to a report by Thua Thien – Hue Radio and Television, stating that it was untruthful and smeared the monks.
In recent years, all official newspapers in Vietnam have criticized the Falun Gong movement and its ‘impropriety.” These publications have only conveyed government views rather than the views of its adherents.
Two Catholic webpages, Good News To The Poor and VietCatholic, remain blocked in Vietnam, as are many press organizations that speak up for religious freedom, such as VOA, RFA, BBC, RFI, and Luat Khoa Magazine.
There are no private television or radio stations that operate freely in Vietnam.
Religion Bulletin – October 2020: Authorities Forbid Thien An Abbey Clergyman From Returning Home
Religious activists in Vietnam are paying a heavy price, sometimes putting their lives on the line.
The former head of Thien An Abbey has been prevented from returning home after traveling to Europe to treat a suspected poisoning. Check out [The Government’s Reach] to find out how the government punishes religious activists. For the first time, figures for the number of Falun Gong practitioners in Vietnam are available; see them in [Religion 360*]. In [On This Day], a reminder of how the government installs surveillance cameras in many temples, and how the assault of six Hoa Hao Buddhist practitioners last year remains uninvestigated.
If you have any suggestions or would like to join us in writing reports, please email us at: firstname.lastname@example.org or email@example.com.
Religion Bulletin, October 2020:
- The Government’s Reach: A history of punishing religious activists
- Clergyman prevented from returning to home to Vietnam after treatment for a suspected poisoning
- Thua Thien – Hue province rejects Father Anthony Nguyen Huyen Duc as head of Thien An Abbey
- Methods used to suppress religious leaders and activists
- Religion 360*
- Dien Bien province continues to pressure residents to give up new religions
- Two people in Ca Mau arrested and punished administratively for spreading Falun Gong
- Lam Dong province television: More than 8,300 Falun Gong practitioners in Vietnam
- Government Committee for Religious Affairs acknowledges some Cao Dai organizations “operate independently, splinter in resistance”
- “Familiarizing the law” to religious practitioners
- On This Day
The Government’s Reach: A history of punishing religious activists
Clergyman prevented from returning home to Vietnam after treatment for suspected poisoning
The former head of Thien An Abbey – Father Anthony Nguyen Huyen Duc – is still waiting for the Vietnamese government to allow him to return home.
After a period of leading Thien An Abbey’s resistance against the government’s land reclamation attempts, Father Duc traveled to Europe to seek medical treatment after a suspected poisoning.
After his second medical treatment in Germany, he returned to Vietnam in September 2019, only to be told by police to return to Europe.
“Right when I returned to Hanoi, I was questioned by police. High-level officers asked that I return to Europe because they could not ensure my safety or my life if I stayed in Vietnam, that it would be extremely adverse for the Thien An community if I stayed at the abbey,” the organization BPSOS reported, quoting from a letter Father Duc sent to leaders of the Order of St. Benedict.
The German committee requested that the Vietnamese government return the abbey’s confiscated property, cease its violence, protect and respect sacred religious objects, and uphold the right to freedom of religion.
BPSOS quoted Father Duc who stated that doctors in Europe also believe he had been poisoned.
Duc believes he was poisoned during the 2016 Lunar New Year at Thien An Abbey, when a person invited him to drink their tea and coffee.
“Right after the person left, I immediately felt sharp pains in my neck and head, aches down to my bones, my jaw became extremely sensitive and teeth came loose, I was unable to walk… a large (3 cm diameter) patch of my hair fell out…. Afterwards, I asked the sitting head Father Bruno for permission to travel to Europe,” BPSOS published, quoting from a letter written by Father Duc in August 2020.
Thua Thien – Hue Province rejects Father Duc as head of Thien An Abbey
In past years, Thua Thien – Hue provincial authorities did not accept Father Duc’s presence at Thien An Abbey.
In December 2017, they requested leaders of the Order of St. Benedict to remove him as head of the abbey.
The authorities stated that Father Duc had allowed many unauthorized construction projects on disputed land, organized clergy appointments without permission, and obstructed government work.
After the government’s requesting letter, Father Duc took time off to travel to Europe for medical treatment. Leadership of the abbey was passed to another person.
In a May 2019 document, provincial authorities accused Father Duc of “distorting the situation, and inciting ethnic hatred and opposition against the Socialist Republic of Vietnam” while he was getting medical treatment overseas.
Methods used to suppress religious activists
Religious activists like Father Duc have long endured many forms of harassment and suppression. Below are the systematic methods in which religious activists are suppressed, methods which are sometimes openly carried out by police, and at other times, by anonymous individuals.
- Smear tactics
In February 2018, many anonymous pro-state web pages published information alleging that Father Duc had entered a hotel with a woman.
According to the Catholic webpage Good News To The Poor, Father Duc’s stay at the hotel occurred in September 2017
Accordingly, Father Duc had arranged to meet with a group of overseas Vietnamese from Canada at the hotel in Ho Chi Minh City. This meeting was facilitated by a woman who was acquainted with both sides.
When Father Duc checked into his hotel room, approximately 100 plainclothes and uniformed police officers poured into the hotel in a prostitution raid. Father Duc was interrogated in a room. Police ultimately forced the woman to sit next to Father Duc and took a picture of them together.
Rumors intended to smear individuals are regularly posted on anonymous pro-state websites and shared with the public. The source of these rumors is one big question mark.
There are reasons to believe that Vietnamese police are directly involved. In 2008, after Zen master Thich Nhat Hanh’s Letter #31 spoke of religious freedom and politics in Vietnam, the first students of Hanh’s Plum Village met with difficulties.
In August 2008, Plum Village students were expelled from Bat Nha Monastery and continuously harassed in a variety of ways.
During the Bat Nha Monastery affair, the People’s Public Security Daily — the official mouthpiece for police — published an article citing a number of anonymous sources regarding the romantic relationship between Zen Master Nhat Hanh and Nun Chan Khong, as well as the dictatorial way in which Nun Chan Khong controlled Plum Village.
The article was published precisely when Plum Village was receiving public support in the Bat Nha Monastery affair.
According to the webpage Good News To The Poor, in September 2017, a car driving Father Duc’s delegation was purposefully rammed by a pick-up truck after they visited Father Dang Huu Nam – who advocated parishioners sue the company Formosa for polluting the central Vietnamese coast. Father Nam stated that this same pick-up truck had purposefully rammed his vehicle many times.
In October 2019, six independent Hoa Hao Buddhists were ambushed and attacked by a group of people on the road to An Hoa Temple. These six practitioners were planning to prevent a roof re-tiling at the temple but were attacked before arriving. A practitioner threatened to cut his own throat and set himself on fire as they were being attacked by unidentified individuals.
The individuals who assault religious activists are often unidentified plainclothes people, and police normally do not pursue any kind of investigation after such incidents are reported.
In December 2015, Father Dang Huu Nam stated with Good News To The Poor that his vehicle was blocked by a group of 20 individuals, who pressured him to get out of the car and then proceeded to surround him and beat him.
“As the crowd of thugs beat me, the police chief of An Hoa Commune stood by on the side of the road and did nothing,” Father Nam told Good News To The Poor.
In June 2018, according to a Cali Today article, Mr. Hua Phi, an independent Cao Dai dignitary in Lam Dong, was beaten and his beard shaved. He stated that an individual identifying himself as police brought in dozens of others who entered his residence, “covering his head and beating” him repeatedly. The incident occurred just three days before he was to have a dialogue with the Australian Embassy regarding human rights issues.
- Accusations of disturbing public order
Religious activists in Vietnam must be very careful in their conflicts with the authorities. Five out of six Hoa Hao Buddhists are in jail because of their clash with traffic police in April 2017.
These six practitioners, four of whom are from the same family, had opposed the traffic police confiscating the vehicles of those arriving at their house for a death anniversary. The tug-of-war between the two sides quickly turned into a case of disturbing public order and obstruction of officials.
In recent years, many social activists have been charged with disturbing public order in their conflicts with police.
- Travel bans
Being prevented from returning home, as discussed at the beginning of the article with the case of Thien An Abbey’s clergyman, is rare. More frequently, religious activists are forbidden from traveling overseas; either the government confiscates their passports or they are not issued one at all.
In May 2020, Father Nguyen Van Toan was denied the issuance of a passport; he is a frequent and public government critic.
In February 2020, a Khmer monk named Seun Ty had his passport confiscated for two weeks. Police accused Mr. Seun Ty of violating the Cybersecurity Law.
In 2017 and 2019, authorities refused to allow Father Nguyen Dinh Thuc, head of Song Ngoc parish, to travel overseas.
The issue of travel bans on religious and social activists remains unresolved.
Dien Bien Province continues to pressure residents to give up new religions
From the end of September to the beginning of October 2020, many state newspapers reported on the Gie-sua and Ba Co Do religions “raging in Dien Bien Province”.
The Voice of Vietnam (VOV) newspaper, a government mouthpiece, stated that in Dien Bien Province, 112 individuals returned to the Gie-sua religion after giving it up previously, while 294 others were currently following the Ba Co Do religion in Muong Nhe district.
Ms. Nguyen Thanh Huyen, vice-chair of the Public Relations Commission of the Dien Bien Provincial Committee stated that the government would push people who followed unrecognized faiths to give up their religion.
“A number of mountain villages have regulations and conventions, one of which states that anyone who participates in these religions [Gie-sua, Ba Co Do,…] will not receive [the benefits] of the regime and its policies”, Ms. Huyen stated to VOV.
Dien Bien provincial authorities reported that the Gie-sua and Ba Co Do religions operate differently from one another but shared the same goal of establishing an autonomous Mong state.
Muong Nhe district police chief Major Vu Van Hung added that authorities were using Protestant dignitaries to push people to give up these “heretic religions”.
“We’ve organized groups penetrating into households that follow these religions, courting group leaders and putting Protestant dignitaries in influential areas so that villagers will give up their religions. But the most economical method must be us using our resources to prevent unauthorized proselytizing online. Only then will we be effective,” Major Hung stated to VOV.
Two people in Ca Mau arrested and punished administratively for spreading Falun Gong
Vietnamese police continue to arrest practitioners of Falun Gong for spreading the religion.
The Ca Mau Daily reported that Ca Mau city police administratively punished two individuals on October 1, 2020 for distributing Falun Gong flyers without permission.
Two individuals with the initials N.T.G and N.T.H were arrested on September 21, 2020 after distributing approximately 65 flyers to parents and students in front of a school’s gate. Police confiscated from the two 177 flyers and 30 books on Falun Gong.
According to statistics from Luat Khoa, at least 66 Falun Gong practitioners have been arrested and administratively punished for spreading the religion since the beginning of 2020.
Lam Dong Province television: More than 8,300 Falun Gong practitioners in Vietnam
On October 22, 2020, Lam Dong Radio and Television broadcast a report stating that across the country, there were more than 8,300 Falun Gong practitioners. Lam Dong Province, in particular, has about 110 practitioners.
The news was particularly noteworthy, as up to this point, no one had an accurate count of Falun Gong practitioners in Vietnam. However, Lam Dong Radio and Television did not cite the source of this figure.
According to the report, Lam Dong Province had a number of party members, veterans, and teachers who practiced and spread Falun Gong. Among them was a deputy commune head.
The report stated that spreading the practice in Lam Dong Province was both illegal and harmed the people.
“Falun Gong is a religion that opposes science, convincing people that you can treat sickness without going to the hospital, it distracts people from finding livelihoods”, Lam Dong Radio’s reporters noted.
Provincial radio and television stated that those spreading Falun Gong in Lam Dong were being sent materials from other provinces.
Government Committee for Religious Affairs acknowledges some Cao Dai organizations “operate independently” and “splinter in resistance”
On October 27, 2020, the Government Committee For Religious Affairs acknowledged that there were “Cao Dai organizations that operate independently and splinter in resistance” during a conference on religious management in Ben Tre Province.
However, the article described the conference without going into detail about the splintering or independent activities of the Cao Dai organizations.
As covered in Luat Khoa’s September 2020 Religion Bulletin, a number of independent Cao Dai temples are currently being pressured to merge with those temples being recognized by the government.
In recent years, the government has been helping state-recognized temples “take over” independent Cao Dai temples.
Although nearly all independent Cao Dai temples operate in a purely religious manner, the government views their independence as a security risk.
“Familiarizing the law” to religious practitioners
From the end of September through all of October 2020, the Government Committee For Religious Affairs organized conferences on “advocating the law to religious practitioners” in many locations: Hai Phong, Kon Tum, Gia Lai, Binh Dinh, and Bac Giang.
These conferences sought to familiarize Vietnam’s practitioners with the state’s strict religious management regulations. Furthermore, conferences in a number of provinces and cities also held exchanges on the teaching of two subjects, Vietnamese history and Vietnamese law, on the premises of religious organizations.
This is one way in which the state controls the people’s views over religions in Vietnam. Religious practitioners had to pay attention not just to legal regulations but also to the ways state bodies treat them.
Similar conferences are expected to take place across many other provinces and cities.
On This Day
Government installs camera in front of temple gates
In Ba Ria – Vung Tau Province, Venerable Thich Vinh Phuoc stated that authorities had installed a camera in front of Phuoc Buu Temple before he had left for the United States to advocate for religious freedom.
The government also installed a surveillance camera at another temple in Ho Chi Minh City.
“Since 2000, there have been many difficulties because Thien Quang Temple refuses to abide by the Buddhist Church of Vietnam (BCV). Their [BCV’s] management has been unbearable, stifling”, Venerable Thich Thien Thuan told RFA regarding the reason for the surveillance cameras.
Also in Ho Chi Minh City is Venerable Thich Khong Tanh. He is temporarily residing at Giac Hoa Temple, which also had surveillance cameras installed.
“When I asked, they explained that the cameras were simply fulfilling a responsibility to monitor,” Venerable Khong Tanh told RFA. “These surveillance cameras deter democracy allies and friends from coming.”
In recent years, the government has installed surveillance cameras to monitor all kinds of activists.
These activists have stated that the government wants to monitor who comes and goes from their residences, as well as the activists’ own routines. During special occasions such as visits from foreign delegations, security forces will prevent activists from leaving their homes.
After a year, police still have not investigated the assault of six Hoa Hao Buddhists
This October marks one year since the roof of Hoa Hao Buddhism’s An Hoa Temple was re-tiled. It also marks one year since six independent Hoa Hao Buddhists were beaten on the way to prevent this re-tiling.
The scuffle occurred on October 7, 2019, at the Thuan Giang ferry pier, about 1.7 kilometers away from An Hoa Temple.
The independent Hoa Hao Buddhists had all along opposed plans to re-tile the An Hoa Temple roof. However, the state-recognized Hoa Hao Buddhist Church moved forward with the plans anyway, ignoring the opposition.
The six independent Hoa Hao Buddhists involved include Vo Van Thanh Liem, Le Thanh Thuc, Nguyen Thanh Tung, Vo Thi Thu Ba, To Van Manh, and Le Thanh Truc.
Mr. Thanh Liem stated to RFA: “When we arrived at Thuan Giang ferry, there were about 40-50 people blocking us; they beat Mr. To Van Manh, Mr. Le Thanh Thuc, and Nguyen Thi My Trieu, and my granddaughter, Vo Thi Thu Ba, had her phone smashed. I saw that they were about to beat me so I poured gasoline on myself to threaten self-immolate, attempting to cut my own throat, and they ran off. They used long sticks and beat people so hard that the sticks were smashed to pieces”.
Today, more than one year after the scuffle, police still have not initiated an investigation into the matter.
CIVICUS 2020 Monitor Report Continues To Rank Vietnam As “Closed” Civic Space
On December 8, 2020, international organization CIVICUS – a global alliance of civil society organisations and activists dedicated to strengthening citizen action and civil society throughout the world – revealed its 2020 Monitor report which tracks Civic Space worldwide.
“Civic space is the bedrock of any open and democratic society. When civic space is open, citizens and civil society organisations are able to organise, participate and communicate without hindrance. In doing so, they are able to claim their rights and influence the political and social structures around them. This can only happen when a state holds by its duty to protect its citizens and respects and facilitates their fundamental rights to associate, assemble peacefully and freely express views and opinions. These are the three key rights that civil society depends upon. The CIVICUS Monitor analyses the extent to which the three civil society rights are being respected and upheld, and the degree to which states are protecting civil society.”
More than 20 organizations collaborate on the CIVICUS Monitor to provide an evidence base for action to improve civic space on all continents. Civic space in 196 countries is categorized as either closed, repressed, obstructed, narrowed or open, based on a methodology which combines several sources of data on the freedom of association, peaceful assembly and expression.
CIVICUS Monitor shows that out of 25 countries in Asia, Vietnam and three other countries, China, Laos, and North Korea, are rated “closed.”
The new CIVICUS Monitor report also indicates that 90 percent of countries in Asia repress civic freedoms. It also raised concerns about attacks on the media and vilification of human rights defenders.
“Our research shows that civic freedoms, including the freedom of expression, assembly and association, continue to be violated across the region. The percentage of people living in Asian countries with closed, repressed or obstructed civic space is nearly 90 percent,” said Josef Benedict, Asia-Pacific Civic Space researcher for CIVICUS.
The report also stated that “in Vietnam, where civic space is rated ‘closed’ … the authorities continue to harass those who criticize the one-party regime. Scores of individuals were arrested or jailed after summary trials under an array of restrictive laws for ‘abusing democratic freedoms’ and ‘anti-state propaganda’, including activists, bloggers and Facebook users. Most recently, the Vietnamese authorities arrested human rights defender Pham Doan Trang – one of the nation’s most prominent independent journalists.”
Furthermore, the report also notes that “the persecution against independent publishers, The Liberal Publishing House, has continued in 2020 after a brief pause due to the pandemic.” It further reports that “members of the Independent Journalists Association of Vietnam – the last independent journalist organization in the country – have also been arrested and prosecuted. Human rights groups raised serious unfair trial concerns and allegations of torture in the Dong Tam trial, which has led to convictions. Many activists were kept under surveillance, or detained for months without access to legal counsel and subjected to abusive interrogations.”
The ASIA-PACIFIC ratings overview can be found here.
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