This page summarizes cases raised with Viet Nam by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Viet Nam.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Viet Nam, English).
Observations
The Special Rapporteur thanks the Government of Viet Nam for its replies to the communications sent during the reporting period.
The Special Rapporteur underscores States‟ obligation to ensure that no individual is criminalised for the peaceful exercise of the rights to freedom of peaceful assembly and of association. He is concerned about the physical and psychological integrity of people exercising their rights to freedom of peaceful assembly and association in Viet Nam. He recommends to the Government to take all relevant measures to ensure that no individual, in particular women, who exercise their legitimate freedoms, is subjected to any act of harassment and intimidation. A thorough and independent investigation into any alleged human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
Observations
The Special Rapporteur thanks the Government of Viet Nam for its replies to the communications sent during the reporting period.
The Special Rapporteur urges once again the authorities to ensure that no individual is criminalised for the exercise of his or her legitimate fundamental freedoms. He further urges the authorities to take all relevant measures to ensure that any individual and legal entity can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances. A thorough and independent investigation into any allegations of any human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
Observations
The Special Rapporteur thanks the Government of Viet Nam for its replies to most of his communications sent during the reporting period. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide detailed answers to all the concerns raised in his communication of 20 September 2013.
The Special Rapporteur remains seriously concerned about the physical and psychological integrity of individuals exercising their right to freedom of association in Viet Nam. In particular, he expresses concern about the situation of members of the Unified Buddhist Church of Viet Nam and labour activists who have been targeted by the authorities.
The Special Rapporteur remains similarly concerned about the adoption of the Decree on the Management, Provision, Use of Internet Services and Information Content Online (No. 72/2013/ND-CP) (‘Decree 72’). The Decree contains a number of provisions that may limit the right to freedom of expression and freedom of information, and by extension the rights to freedom of peaceful assembly and of association. He calls on the authorities to review the Decree to ensure its compliance with international human rights norms and standards.
The Special Rapporteur remains seriously concerned about the physical and psychological integrity of people exercising their rights to freedom of peaceful assembly and of association in Viet Nam. He recommends again that the Government put in place an enabling and safe environment that is conducive to the free expression of civil society allowing individuals to exercise their legitimate right to freedom of association without undue hindrances. A thorough and independent investigation into any allegations of human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur refers to Human Rights Council resolution 24/5, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of his country visit request sent in February 2014, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks… and to consider favourably his or her requests for visits”.
Observations
Responses to communications
The Special Rapporteur thanks the Government of Viet Nam for its detailed responses to the communications. In this connection, he is grateful for the cooperation extended to the mandate, in compliance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
Environment in which these rights are exercised
The Special Rapporteur takes note of the Government reply indicating that Mr. Le Cong Cau, head of the Buddhist Youth Movement and secretary-general of the Executive Institute of the Unified Buddhist Church of Vietnam, was interrogated at the Phu Bai Airport of Thua Thien Hue city in January 2014 as a result of the alleged presence of unauthorized items in his luggage. He also takes note of the authorities’ denial that an arrest and interrogation ever took place at Truong An district police station in February 2014 (VNM 7/2014). While the Special Rapporteur acknowledges the legal steps taken by the country to increase accountability of public officials found guilty of human rights violations, he recalls that the State committed to protect and promote rights set forth in international law and standards, and in that regard, looks forward to receiving further information on the outcome of the investigations related to the reported interrogation of Mr. Cong Cau in March 2013.
Regarding the case of Mr. Pham Chi Dung who was reportedly prevented from traveling abroad to take part in a side-event at the Human Rights Council in February 2014 (VNM 5/2014), the Special Rapporteur disagrees with the arguments that the acts of one person can jeopardize public order since it is difficult to envision that the acts of a single individual may disrupt public order. The Special Rapporteur articulates that there should be a presumption in favour of exercising the right to freedom of association and that security considerations should not be used as a justification for unduly strict rules or interpretations that void this right. The Special Rapporteur contends that no restrictions may be placed on the exercise of this right other than those that are strictly necessary under the International Covenant on Civil and Political Rights that Viet Nam acceded on 24 September 1982. Moreover, he echoes the Human Rights Council resolutions 12/2, 24/24 and 27/38 which condemn all acts of intimidation or reprisal by Governments and non-State actors against individuals and groups who seek to cooperate or have cooperated with the United Nations, its representatives and mechanisms in the field of human rights.
The Special Rapporteur also refers to the dispersal of an assembly in My An Hun B village in February 2014 (VNM 4/2014). He reminds the authorities that protestors seek to convey opinions and, very often, challenge norms, and that while their right may be restricted in certain limited circumstances, hindering road traffic does not constitute a valid reason to curtail the right to assemble. Since it largely relies on the fundamental use of public space, the right to assemble can, among other things, cause challenges such as disruptions in traffic flows. However, the Special Rapporteur, stresses that the right should always be promoted and protected by the State, in accordance with its international obligations. In this connection, the Special Rapporteur warns against restrictions used in a manner that impairs the right to assembly and refers to the General Comment No. 31 of the Human Rights Committee on the nature of the general legal obligation imposed on States parties to the International Covenant on Civil and Political Rights, which states that “where such restrictions are made, States must demonstrate a necessity and may only take measures that are proportionate to the legitimate aims in order of ensuring the continuous and effective protection of Covenant rights” (CCPR/C/21/Rev.1/Add.13, paragraph 6).
The Special Rapporteur takes this opportunity to remind the authorities about the 15 recommendations regarding the rights to freedom of peaceful assembly and of association accepted by the State of Viet Nam during its review by the Universal Periodic Review in January 2014, which, among others, call upon the State to create conditions favourable to the realization of freedom of association and to fully guarantee the freedom of assembly, online as well as offline, to all its citizens (A/HRC/26/15, paragraphs 143.165 and 143.171).
Country visit
In reference to the country visit requests he sent in February 2014, the Special Rapporteur would like the Government to take note of his desire to carry out a country visit to Viet Nam in the framework of his mandate. He trusts that such a visit would allow him to examine on site the issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both urge the States to consider favourably his requests for visits.
Observations
Response to communication
The Special Rapporteur regrets that he has not yet received a response to his communication sent during the reporting period, and reminds the Government of Viet Nam that he considers responses to his communications as an important part of the cooperation of governments with his mandate. He looks forward to receiving detailed responses to the questions raised in these letters, at the earliest possible convenience, in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
The Special Rapporteur reiterates his serious concern about the physical assault of Mr. Nguyen, Mr. Vu, Mr. Ly and Mr. Le by Vietnamese police officers, and that such attacks appear to be increasingly used in the country as a means of intimidating human rights defenders to discourage them to exercise peacefully their rights to freedoms of expression and peaceful assembly to conduct their legitimate activities. He further reiterates his concern about the arrest and detention of Mr. Nguyen, which appear to be in retaliation for his cooperation with representatives of the European Union in the context of the annual EU-Viet Nam human rights dialogue.
More generally, the Special Rapporteur expresses grave concern about the increased persecution of members of civil society who seek to promote and protect human rights, or voice dissent against the Government, which include physical assaults by the police or by unidentified individuals. The Special Rapporteur reminds the Government of its positive obligation to ensure that civil society, including human rights defenders, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation and harassment of any sort.
Country visit
The Special Rapporteur reminds the Government of his pending request to visit Viet Nam, as indicated by his letter sent in 2014. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call on States to consider favourably his requests for visits.
Observations
Responses to communications
The Special Rapporteur thanks the Government of Viet Nam for its response to four of his communications out of five sent during the reporting period. He regrets that he has not yet received a response to the remaining communication.
The Special Rapporteur acknowledges the Government’s statement that Pastor Nguyen Cong Chinh was arrested for activities that “constitute the elements of the act ‘undermining policy of national unity’ under Article 87 of the Penal Code” of Viet Nam, and the statement that the Pastor’s wife, Mrs. Than Thi Hong continues to live unmolested in her permanent residence in Gia Lai province. However, he reiterates his serious concern regarding the alleged persecution and torture against Pastor Nguyen Cong Chinh and Mrs. Tran Thi Hong, and the acts of intimidation against their children, which allegedly took place in retaliation for the peaceful exercise of their religious freedom and freedom of association, and their cooperation with U.S. diplomats in order to denounce their situation and promote freedom of religion in Viet Nam.
The Special Rapporteur acknowledges the Government’s assertion that “Viet Nam’s authorities are studying and drafting Law on demonstrations to specify the provisions of the Constitution with the view to better guaranteeing the exercise of citizens of their fundamental freedoms and promoting better understandings of the rights, obligations and responsibilities of people in the exercise of human rights in a peaceful and lawful manner.” The Special Rapporteur urges the Government to ensure the possibility of the legitimate exercise of the rights to freedom of peaceful assembly and expression on an issue of public interest.
The Special Rapporteur acknowledges the further information provided by the Government regarding the arrest, detention, and sentencing of environmental human rights defender Ms. Can Thi Theu. However, he reiterates his serious concern that the actions taken against her are linked to her human rights work in the defence of land rights in Vietnam and the legitimate exercise of her rights to freedom of expression and assembly, and his concern about the criminalization of human rights work and the exercise of the rights to freedom of expression and peaceful assembly, as well as the “chilling effect” this may have on human rights defenders and civil society as a whole.
The Special Rapporteur also reiterates his grave concern about the alleged arbitrary arrest and incommunicado detention of Ms. Nguyen Ngoc Nhu Quynh, an environmental human rights defender and blogger, and that the charges brought against her through repressive legislation represent a criminalisation of her rights to freedom of opinion and expression, freedom of peaceful assembly and association, and seem to be directly linked to her activities as an environmental human rights defender and the legitimate exercise of her fundamental rights.
Overall, the Special Rapporteur urges the authorities of Viet Nam to protect and promote the rights to free association and peaceful assembly. In this regard, he reminds the Government of its positive obligation to ensure that civil society, including human rights defenders and political activists, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation, harassment or assassination of any sort.
Country visit
The Special Rapporteur reminds the Government of his pending request to visit Viet Nam, as indicated by his letter sent in 2014. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call on States to consider favourably his requests for visits.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
