The Rights of Freedom to Practice People's Own Belief or Religions - Term Paper Example

Right to religious freedom in Vietnam Vietnam is a country in Southeast Asia. Its northern neighbor is China, it borders the South China Sea on the east, Cambodia is in the southwest and Laos is found on its northwest (Brown, 2010, 13). The country was formerly called the Socialist Republic of Vietnam. As at 2012 its population is 91.5 million. It is the eighth biggest in terms of population in the whole of Asia. Its political and economic capital is Hanoi. The government is led by the Communist Party of Vietnam (Brown, 2010, 16). Human rights are those rights that people must have because they are human beings. In Vietnam these rights have been granted in partiality and with a lot of discrimination. Religious freedom for certain religious affiliations is denied or restricted. In this paper, the state of Vietnam as far as human rights and religious freedom are concerned will be discussed. The research will seek to find out how the citizens of the country are treated in matters of constitutionally granted rights and freedoms. Of particular importance in this paper will be religious freedom. The research therefore seeks to answer the question: Do people in Vietnam enjoy the rights of freedom to practice their own belief or religions in the country’s constitution? Human rights Human rights have been described as inalienable and fundamental rights that every person is entitled to by virtue of being human. Human rights should be applied everywhere in the same way for all people. These rights could be legal or natural in the law of a nation or in international law (Human Rights Watch, 2012). Human rights in Vietnam context The Vietnamese communist government recognizes human rights in the manner that any other country would do. Human rights provisions are found in various articles of the Vietnam constitution. The Vietnamese constitution in article 69 provides for the freedom of the press, opinion, association, assembly, demonstration and information. It states that; “the citizen shall enjoy the freedom of opinion and speech, freedom of the press, the right to be informed, and the right to assemble, form associations and hold demonstrations in accordance with the provisions of the law.” The government claims to recognize the freedoms given to the citizens in the constitution and protect them. However these claims have been found to be false since human rights are withdrawn for any person or group of people that fails to obey government instructions (Front Line Defenders 2012). Brief background of Vietnam Political background The Vietnamese gained their independence in 938 AD after being under imperial China for some time. Royal dynasties that came into power successively in Vietnam were very successful since the country was doing well both politically and geographically. Its geographical expansion was only halted with the coming of the French in the Indochina peninsula in the 19th century. The French were later expelled in 1954 leaving behind a politically divided Vietnam. There was conflict between North and South Vietnam. These conflicts culminated into the Vietnam War in which the North got the victory in 1975. With the ending of the war, Vietnam became one nation under the leadership of a communist government. However the country remained behind economically and was isolated politically (Brown, 2010, 13). Vietnam is constitutionally a communist state since the country’s politics is run by the Communist Party of Vietnam. The nation’s new constitution in article 4 gives the party the authority to rule. Opposition parties are not allowed in the country although many groups opposed to the government have their base in overseas countries form where they sponsor demonstrations and disobedience of the public back at home to the government. Background of human rights in Vietnam In 2009, the suppression of dissidents in Vietnam was stepped up in order to increase the authority of the Communist Party of Vietnam. Since then, advocates of democracy started having a rough time with the authorities. Authorities were also up against independent religious activists, defenders of human rights, and online critics. The authorities used national security legislation with vague wording such as “the abuse of democratic freedom” to accuse them. In 2009 alone 20 religious and political prisoners faced conviction in Vietnam. Over 400 people are believed to have faced conviction for exercising their basic rights. The communist government became strict on those using the internet, doing independent research and blogging. It also banned people from publishing any material criticizing the government. Religious freedom perpetually became worse as the government went for religious leaders and those people advocating for freedom of religion and human rights (Khuetunguyen 2012). The communist party government devised ways of dealing with challenges to the party and controlling social unrest. It therefore started arresting people in May 2009 with over 20 of them becoming victims in the same year. Those arrested were linked to the Democratic Party of Vietnam that had been banned by the government. Independent trade unions, political parties opposing the government and organizations of human rights were banned and those found defending the rights of workers faced jail terms, beatings, arrests and other types of harassments. State of human rights in Vietnam Performance on human rights by government The communist Vietnamese government performs badly on human rights and this has caused friction between it and the international community. Many constitutional rights in the Vietnam constitution are suppressed by the government. Among these freedoms is the freedom of peaceful assembly, freedom of association and expression. Human rights defenders, bloggers and independent writers trying to question the laws of government, talk about official corruption, or advocate for multiparty rule are harassed by police and detained without trial for going against vague policies. Torturing of suspects by police to make them confess has been reported. People are denied the right to demonstrate, and even those protesting against non political courses such as evictions, land confiscation and brutal treatment by police are not spared (Khuetunguyen 2012). The government also suppresses the freedom to information since it prevents independent local media from operating and strictly controls the internet and the press. People that publish or write information against the government, threaten the security of the nation, let out national secrets and birth ideas that cause reactions are penalized for criminal offences (U.S Department of State 2011). Cases of human rights abuses In 2011, there were many political arrests and trials taking place in Vietnam since the government felt that the Arab Spring that was sparked by the lack of democracy in the Arab world would reach Vietnam. By October 2011, more than 24 human rights activists had been jailed on charges of carrying out propaganda on the state and undermining the unity of the nation. These charges were based on articles 79, 87 and 88 although they have vague definitions. In the last 10 years hundreds of rights activists have been send to prison. Over 27 religious and political advocates were also arrested in 2011. Nguyen Van Hai a blogger was arrested in 2010 and since then he has been kept behind bars incommunicado. Nguyen Ba Dang and another internet writer Phan Thanh Hai were imprisoned without trial in 2010. Seven peaceful advocates of land rights got prison sentences in the People’s Court of Ben Tre for subversion. Among them were a Mennonite pastor and a Buddhist member. Police harass and detain bloggers and online critics. In 2011 for example, Ho Thi Bich Khuong a blogger and activist was arrested. In May of the same year Nguyen Kim Nhan an advocate for democracy followed suit. Lu Van Bay also went to prison in August for advocating for democracy through blogging. The list is endless and many other innocent human rights activists have had their rights violated by authorities in Vietnam (Roughneen, 2012). Religious freedom in Vietnam Religion in Vietnam Religion is a major part of the lives of people in Vietnam. It controls the social and spiritual practices of people in Vietnam and even those outside. What is known as the triple religion comprising of Taoism, Confucianism and Mahayana Buddhism influences the beliefs of the people in Vietnam although people may not identify themselves formally as members. Ancestor veneration is a major spiritual practice in the country. A report by the Pew Research Center in 2002 showed that 24 percent of Vietnamese religions as of utmost importance (CNN 2012). Background of religious freedom in Vietnam Religious freedom is formally acceptable in the constitution of Vietnam. Nevertheless, most of the religions in the country have their activities restricted by the government. The 2004 Ordinance of Beliefs and Religions in Vietnam supports the people’s right to practice their religions (U.S Department of State 2011). . Nevertheless it demands that every religious group should secure state registration. It restricts any religious gathering that is believed to bring disorder in public, compromise security of the nation and cause divisions. Followers of certain religions that lack government recognition face persecution from the authorities. Authorities stop their gatherings, take away religious books, and demand to interrogate religious leaders. Reports have indicated that police sometimes destroy churches belonging to unrecognized groups and put their members behind bars charged with national security violation (CNN 2012). In 2007 a report by Viet Nam news indicated that the state recognizes only six religions namely Catholic, Buddhism, Islam, Hoa Hao, Protestant and Cao Dai. However, only the Baha’i Community had the authority to operate in Vietnam as granted by the government. The Vatican, the United States and Vietnamese who are against the communist government have accused it of violating religious rights. The government of Vietnam has made attempts in the past to boost its global image and increase religious freedom but its persecution of dissident leaders of various religions has been going on. In 2004 the house of Nguyen Hong Quang the secretary of Mennonite church was burnt down following his arrest by the police. There have been widespread reports of the suffering of Christian Montagnards because of being restricted and controlled by the government. In 2007 March, authorities arrested Nguyen Van Dai of the Evangelical Church after being accused of defending his religious freedom (Khuetunguyen 2012). In 2009, more than 40 Montagnard Christians were detained for being members of house churches with no registration. On the 14th of August the same year, police beat Montagnard Christians in a prayer meeting in Chu Se district. In a different raid police detained 11 such Christians from many villages whom they later beat and shocked using electric batons because they declined to pledge to join a different church. In 2010, police destroyed more than 2 churches in the Central Highlands of Dak Lak province. Other significant religious figures calling for religious freedom like Phan Van Loi have lived under house arrest for a number of years (Roughneen, 2012). Current state of religious freedom Continuous efforts by the government to suppress religion still exist in Vietnam. To date the government uses legislation, surveillance, harassment and requirements for registration to restrict religion. Religious groups must have government registration and have their operations controlled by government through management boards. The government allows several churches affiliated to it to have their religious activities but bans all activities viewed as being in opposition to the interests of the nation, bringing public disorder or disturbing national unity. Police have continued to harass, detain and threaten people from the Buddhist Church of Vietnam for years (World Mums Blog 2012). Police arrested Nguyen Trung Ton a pastor of the protestant church for unspecified charges. In March 2012, 3 catholic activists were locked up while 2 Hoa Hao activists were also locked up in Apriland July. In April 2012, a pastor of the protestant church in Vietnam by name Nguyen Cong Chinh was detained with charges of undermining the unity of the nation (Khuetunguyen 2012). The authorities continue to persecute other religious groups that are not sanctioned like people from unregistered Christian churches (Brown, 2010, 13). Many people in their hundreds are in detention because of their religious practices. Among them are over 300 Montagnard Christians, a priest of the catholic faith, a Mennonite pastor, people from the Cao Dai faith and more than Hoa Hao Buddhists. In other cases campaigners of civil rights who are also church leaders are imprisoned for crimes of threatening national security. Father Nguyen Van Ly for example advocating for tolerance, democratic rights and respect for religious rights by the government was also imprisoned. Since his arrest in 2006, Father Van Ly is yet to complete his prison sentence of 8 years (Brown, 2010, 13). Conclusion In conclusion, the paper has examined the existence of human rights particularly the right to religious assembly among the people of Vietnam. Vietnam, a country in Southeast Asia is a communist state. The history of human rights abuses can be traced back to 2009 when the Communist Party of Vietnam started feeling threatened by its own people. Human rights abuses are prevalent and religious freedom is restricted by the government. There are many cases over the years of religious groupings that have been persecuted and their members imprisoned for allegedly going against government requirements. Police continue to crack down on peaceful demonstrators and activists who are then detained or imprisoned for various charges most of which are not true. Religious freedom in Vietnam is therefore far from being achieved although it is granted in the constitution. 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Accessed 25 August 2012. http://www.csmonitor.com/World/Asia-Pacific/2012/0424/As-US-and-Vietnam-get-closer-human-rights-concerns-grow U.S Department of State (2011). 2010 Human Rights Report: Vietnam. Weblog post 8 April. Accessed August 25. http://www.state.gov/j/drl/rls/hrrpt/2010/eap/154408.htm# World Mums Blog (2012). Human Rights: A voice for Children in Vietnam. Weblog post April 10. Accessed 25 August 2012 http://www.worldmomsblog.com/2012/04/10/human-rights-inspired-by-a-vietnam-adoption/   Read More