Freedom of religion in the Constitutions

(Baonghean) - According to the flow of history, Vietnam is a multi-religious country, including both indigenous and foreign religions. People with religious beliefs in Vietnam are assured and safe to practice their religion in the true sense of a true religion. This is clearly shown in the fact that the legal system of the Vietnamese State has 13 levels, the right to freedom of religious belief is expressed at the highest level, clearly stipulated in the original law, the Constitution.

Immediately after gaining power in 1945, in 1946, the first Constitution of a young republic affirmed in Chapter 1, Article 1: "All power in the country belongs to all Vietnamese people, regardless of race, gender, rich or poor, class, or religion"; or in Chapter 2 "Citizens' rights and obligations", Article 10 affirmed "Vietnamese citizens have the right to freedom of belief". Not only expressed in the legal document with the highest value on freedom of belief, but our Party also gave special favors and trust to compatriots, intellectuals, and scholars who are religious, as shown in the cabinet of the Government of the Democratic Republic of Vietnam at that time, there were many ministers and government advisors who were Catholics and Buddhists.

In the first amendment in 1959, the right to freedom of religious belief was also unchanged, even though at that time our nation's great war to defend the country was at its most fierce, the US imperialists used barbaric tricks, dragging the guillotine across the South in an attempt to wipe out the Party's revolutionary bases; used psychological and religious warfare to divide and cause conflicts within the Party and among the masses. But with faith in the great national unity, our Party once again consistently included the right to freedom of belief in the amended Constitution. In Chapter III, Article 23 of the 1959 Constitution affirms that “Citizens of the Democratic Republic of Vietnam, regardless of ethnicity, race, gender, social class, religion, belief, property status, educational level, occupation, length of residence, from the age of eighteen and above, have the right to vote...” or in Article 26 “Citizens of the Democratic Republic of Vietnam have the right to freedom of belief, to follow or not to follow any religion”. Both Constitutions of this period were directly compiled by President Ho Chi Minh, thus consistently expressing his right to freedom of religious belief.

The Catholic villagers of Da Lam, Da Son, Do Luong practice traditional carpentry. Photo: Thanh Le

By 1980, this amendment continued to stipulate the right to freedom of belief in the Constitution in Chapter V “Basic Rights and Obligations of Citizens”, Article 57 “Citizens, regardless of ethnicity, gender, social class, religious belief, educational level, occupation, length of residence, from the age of eighteen and above, have the right to vote…” Article 68 “Citizens have the right to freedom of belief, to follow or not to follow any religion. No one is allowed to take advantage of religion to violate the law and policies of the State”.

Speaking specifically about the category of freedom for religion that spans across our country, each place has its own unique identity, and that uniqueness is deeply maintained in the consciousness and passed down from generation to generation through many generations. Our Party and State not only care about, preserve, and respect, but also actively create conditions for religions to have full legal status and operate equally before the law.

The 1992 Constitution, the supreme document regulating the right to freedom of belief, also reflects the nature and importance of religion in social life. The right to freedom of belief has been fully affirmed and cared for by the State in accordance with the development trend of a democratic and progressive society. Chapter V "Basic rights and obligations of citizens" Article 70 of the Constitution stipulates: "Citizens have the right to freedom of belief and religion, to follow or not to follow any religion. All religions are equal before the law. Places of worship of beliefs and religions are protected by law. No one is allowed to violate the freedom of belief and religion or take advantage of beliefs and religions to violate the law and policies of the State".

The 2013 amendment marks a new development in content and form based on innovation in legal thinking, but the consistency in respecting freedom of belief is immutable. Chapter II “Human rights, basic rights and obligations of citizens”, Article 24 affirms:

1. Everyone has the right to freedom of belief and religion, to follow or not to follow a religion. All religions are equal before the law.

2. The State respects and protects freedom of belief and religion.

3. No one may infringe upon freedom of belief and religion or take advantage of belief and religion to violate the law.”

Based on the review of the right to freedom of belief in the Constitutions of Vietnam from 1946, 1959, 1980 and up to 2013, we see that the issue of religion and religious freedom in Vietnam is not only a Vietnamese issue but is also promoted, creating an equal legal corridor for citizens to exercise their right to freedom of belief according to the global trend. In recent years, Vietnam has also quickly integrated, issued documents to ensure the implementation of the provisions of the signed treaties, even proactively expanded diplomatic relations with religious organizations around the world, sent delegations and heads of state to visit and work with the Vatican many times on the implementation of citizens' right to freedom of belief.

Our Party's consistent ideology on respecting freedom of belief in the Constitutions marks a new development in content and form on the basis of innovation in legal thinking, which defines the right to freedom of belief and non-belief. Based on our agreements on human rights, the international community must also acknowledge that the content of the regulations on freedom of belief within the framework of Vietnamese law is very progressive. More than anyone else, we, those who have religious beliefs, "the body is warm and the soul is at ease", feel very secure when participating in religious activities at places of worship in a country with a political system like ours.

Our lives, especially those who follow religions, are truly meaningful when religious activities that carry the thoughts of Buddhism and God are practiced in a peaceful country, without war, and social security is guaranteed. That responsibility belongs to all of us when human rights, including freedom of belief, are stipulated in the Constitution. Those who share the same religious beliefs in Vietnam today vow to join hands and hearts to build our homeland and country to become stronger and richer, to preserve the good and beauty of human morality that Buddha and God have taught.

Mr. Son