Cablegate: Initial Analysis of Gvn's Implementing Decree On Religion
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 02 HO CHI MINH CITY 000238
SIPDIS
SENSITIVE
E.O. 12958: N/A
TAGS: PHUM SOCI PREL PGOV PREL KIRF VM HUMANR RELFREE
SUBJECT: INITIAL ANALYSIS OF GVN'S IMPLEMENTING DECREE ON RELIGION
REF: A) HANOI 580; B) HANOI 392; C) HCMC 191 and previous
1. (SBU) Summary: The Implementing Decree for the Ordinance on
Religion and Belief offers a number of significant advances,
primarily in creating clear procedures for non-recognized
religious groups to apply to legalize their operations. It lays
out specific deadlines for officials to provide a response to
religious groups' applications. It also creates a legal process
for registered organizations to apply for full recognition to gain
added rights. The Decree also appears to open the door for the
GVN-recognized Southern Evangelical Church of Vietnam to
regularize the status of its house churches in the Central
Highlands. The Decree relaxes slightly government control over
religious organizations' personnel decisions. A number of
provisions were altered from a draft of the Decree, which was
circulated in October 2004. Thisappears to reflect GVN efforts to
address the concerns of leaders of the house church movement.
2. (SBU) While potentially creating more space for religious
freedom in Vietnam, the Decree retains tight GVN control and
oversight over religious practice. The Decree does not provide
for the return of expropriated property and leaves most critical
decisions governing religion in the hands of local authorities,
who sometimes have taken a much tougher approach towards religious
freedom than the Central Government appears to advocate. This
cable was coordinated with Embassy Hanoi and reflects the
Mission's views of the Implementing Decree. End Summary.
The Positives
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3. (SBU) The Implementing Decree for the Ordinance on Religion
explicitly forbids forced renunciation of faith in the strongest
language yet. It lays out clear procedures for non-recognized
religious organizations, particularly house churches, to register
and regularize their operations under Vietnamese law. There is no
apparent restriction on the minimum size of a congregation,
structures that can be designated as place of worship and the
number of churches that an organization can register. In the
opinion of an HCMC legal expert with whom ConGenOffs spoke on
March 9, the language in the Decree does not appear to bar
individuals with prior criminal records or administrative
detention orders against them from being designated as the leaders
of an organization that wishes to register. (Comment: This would
appear to address a significant house church movement concern, as
many of its leaders have either been imprisoned or placed under
house arrest. End Comment.) The Ordinance itself states that
individuals currently under administrative probation orders are
not allowed to lead religious services, however.
4. (SBU) Once registered, a church is allowed to organize and hold
services and teach and proselytize in its registered locations. A
registered church also can elect leaders, conduct religious
training for believers, repair and upgrade its religious
facilities and conduct charitable activities. (Once registered,
churches can petition for GVN recognition, see paragraph 6.) All
churches, both registered and recognized, must register their
regular activities once a year with local authorities. (Local
authorities have the right to reject a church's activity plan, but
must explain the reason in writing.) Other provisions allow
congregations to hold religious services and celebrate religious
festivals in locations other than registered churches, with prior
notification and local government approval. This would appear to
address another concern of the house church leaders that they have
been unable to rent halls or restaurants to celebrate major
holidays or to accommodate a larger-than-normal number of
worshipers. The Decree also appears to allow Protestant house
church associations, such as the Vietnam Evangelical Fellowship
(VEF), to register and continue their church-support activities.
5. (SBU) The Implementing Decree also appears to allow the
Southern Evangelical Church of Vietnam (SECV) to register its
churches in the Central Highlands province by province, instead of
the current practice of applying for provincial recognition of
individual churches. This appears to put the practice of
recognition of SECV churches in the Central Highlands on the same
footing as in the rest of southern Vietnam.
6. (SBU) The Decree lays out the process for a registered
organization to petition for full GVN recognition, which, inter
alia, is needed to open seminaries, build new churches and appoint
and transfer clergy. An organization must have 20 years of
"stable operation" after registration before it can apply for
recognition. However, the decree allows the Committee for
Religious Affairs (CRA) to count an organization's years of
"underground" operation toward the 20-year requirement. This
appears to benefit many house church organizations, which have
been active in Vietnam for over a decade.
GVN Control over Religion Better Defined but Firm
--------------------------------------------- ----
7. (SBU) The Implementing Decree reaffirms government control over
religious life in Vietnam; local or central authorities must
either approve proposed church actions or have veto power over
church decisions. More positively, the Decree clarifies and
codifies strict time limitations for local, provincial and central
authorities to respond to petitions from religious organizations.
If a petition is rejected, the responsible authority must outline
the reasons for its decision in writing. However, the Decree does
not provide for an appeal mechanism. (Note: CRA Chairman Ngo Yen
Thi told visiting Ambassador at Large for International Religious
Freedom John Hanford March 4 that, although the Decree has no
appeal mechanism, Vietnamese law has general appeal procedures
that religious organizations could use, if necessary. End Note.)
8. (SBU) Central and provincial authorities retain veto power over
the appointment of religious officials. The Decree does appear to
allow a religious organization to make independent decisions on
the intake of new seminarians. While not specifically prohibiting
religious workers with "criminal" records such as Father Nguyen
Van Ly to be reassigned, the Decree specifies that provincial
authorities must approve any such transfer.
International Cooperation, Expropriation
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9. (SBU) The Decree codifies government control over local
religious groups' cooperation with international counterparts as
well as the overseas travel of members of religious organizations.
According to the Decree, international travel and cooperation are
regulated through and must be approved by the central-level CRA.
The Decree also makes no provision for the return of expropriated
property, a demand of both the Catholic Church and the SECV. In
contrast, the October 2004 draft of the Implementing Decree
included provisions for a religious organization to petition for
the return of expropriated property under some conditions.
Legal Linkages
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10. (SBU) The Implementing Decree appears consistent with the
positive spirit of the Prime Minister's Instruction on
Protestantism. However, the Decree does not specifically refer to
the Prime Minister's Instruction. Under Vietnamese law, should a
conflict arise between the PM's Instruction and the Implementation
Guidelines or the Ordinance on Religion, the Decree and the
Ordinance would trump. The new legal framework also does not
specifically annul the more restrictive Decree 26 on religion from
1999. That said, Chairman Thi told Ambassador Hanford that
"Decree 26 will no longer have a role."
Comment
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11. (SBU) Taken together with the Prime Minister's Instruction on
Protestantism, which encourages local authorities to facilitate
the operation and registration of house churches, the Implementing
Decree creates a more positive, objective and transparent legal
framework for religious groups in Vietnam to operate. It grants
unprecedented opportunities -- at least on paper -- for house
churches to legalize their operations; the Decree also reflects
the GVN's ongoing consultations with Vietnam's house church
leaders. Ultimately, however, it does not weaken significantly
government control over religious life in Vietnam. Vietnam's
new legal framework on religion gives local officials significant
discretion; that discretion, combined with the lack of a clearly
defined appeals process, means that local abuses in traditionally
difficult areas could persist. Finally, as always, ensuring
consistent application across Vietnam will be a significant
challenge for the GVN. End Comment.
WINNICK