A/HRC/42/30
a human rights defender and independent Hoa Hao Buddhist who faced reprisals after the
2014 visit of the Special Rapporteur on freedom of religion and belief, to the attention of
the Human Rights Committee (see Annex II). On 7 March 2019, a few days before Viet
Nam was to be reviewed by the Committee at its 125th session, Ms. Bui Thi Kim Phuong
was detained and questioned at Tan Son Nhat International Airport in Ho Chi Minh City
and banned from traveling to Europe to meet United Nations and European government
officials to advocate for the release of her husband. The authorities reportedly cited
“security reasons” for the travel ban placed on Ms. Bui Thi Kim Phuong.
121. On 26 September 2018, Mr. Nguyen Van An, a Catholic from Ke Gai Parish, was
informed of an arrest warrant for documenting a violent incident that took place in
December 2017 involving members of “Red Flag Associations” and reporting it to the
Special Rapporteur for freedom of religion or belief in February 2018. Mr. Nguyen Van An
was also an official government witness for the incident, but was later persecuted for his
documentation role. He was the subject of four police summons and accused of “unlawful
restraint.” His family was reportedly subjected to police harassment. Due to these incidents,
Mr. Nguyen Van An and his family have left the country.
122. In March 2019, the Human Rights Committee expressed concern at cases of
reprisals against rights defenders, including for engaging with the United Nations. It
recommended the State party to allow the defenders the necessary latitude to carry out their
activities, including engaging with the United Nations, without fear of restrictions or
reprisal. The Committee also expressed concern that members of religious communities and
their leaders face surveillance, harassment, intimidation, and physical assaults leading to
death, and was disturbed by the involvement of non-State actors, such as the “Red Flag
Associations,” in inciting religious discrimination as well as acts of violence
(CCPR/C/VNM/CO/3, paras. 43, 51–52).
123. On 26 June 2019, the Government responded to the allegations. Regarding the cases
of Ms. Nguyen Thi Kim Thanh and Ms. Bui Thi Kim Phuong, the Government stated that
the claims that the authorities “threaten” or “prevented individuals from travelling” are
untrue and stated that the compilation and drafting of reports related to the UPR and
International Covenant on Civil and Political Rights (ICCPR) are carried out in an open,
transparent and inclusive manner. Regarding the situation of Mr. Nguyen Van An, the
Government indicated that claims of threats against him and his family are unjustified. The
Government stated that there is no “Red Flag Association” in the country and that when
tension between Catholic followers and local residents erupted in December 2017, the
authorities convoked the two groups requesting them not to engage in acts causing
disruption to local social order and security.
37.
Yemen
124. On 25 June 2018 three special procedures mandate holders addressed the situation of
Mr. Abdulrasheed Al-Faqih and Ms. Radhia Al-Mutawake of the Mwatana Organization
for Human Rights, including reported arbitrary detention during attempts to fly from
Seiyun airport, in apparent reprisal for their cooperation with UN human rights mechanisms
(YEM 4/2018 and SAU 8/2018). These restrictions occurred after Ms. Al-Mutawakel was
the first Yemeni woman to brief the UN Security Council, and Mr. Al-Faqih actively
participated in Human Rights Council sessions in 2017. On 14 June 2018, Mr. Al-Faqih
was on his way to Say’un airport when he was detained and interrogated at Bab Al-Falaj
checkpoint (Marib) by individuals believed to be members of forces loyal to the
Government wearing Central Security Forces uniforms, who confiscated his passport and
cell phone and took him to the security headquarters in Marib. He was unable to contact
anybody for several hours and his location remained unconfirmed until his release later that
afternoon. This incident prevented him from travelling abroad. On 18 June 2018, Mr. AlFaqih and Ms. Al-Mutawakel were prevented from travelling again when they were
detained at Seiyun airport by military police reportedly of the Saudi-led coalition, and their
passports confiscated (YEM 4/2018 and SAU 8/2018). Mr. Al-Faqih has reportedly been
able to return to Yemen but Ms. Al-Mutawakel remains at risk due to her advocacy work.
GE.19-15332
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