A/HRC/54/61
representative of the Confederación de Sindicatos Autónomos (CODESA). Mr Negrín’s
arrest followed his participation at the first session of the Social Dialogue Forum, which took
place from 25 to 28 April 2022 in Caracas (VEN 4/2022).89 Mandate holders addressed Mr.
Negrín’s arrest on 5 July 2022 by members of Dirección General de Contrainteligencia
Militar (DGCIM) on charges of conspiracy to commit a crime. Mandate holders also noted
that allegations of arrests of trade unionists could have a deterrent effect on civil society in
the country, including those collaborating with the ILO, who might stop carrying out their
legitimate work for fear of reprisals (VEN 4/2022).
122. The March 2023 ILO issued a follow-up report90 on further developments, in which it
addressed the Social Dialogue Forum and the implementation of the plan of action addressed
the situation of Mr. Negrín. The ILO Committee of Experts on the Application of
Conventions and Regulations also addressed the case of Mr. Negrín in its 2023 report to the
11th Session of International Labour Conference regretting the lack of specific information
provided by the Government on the case (ILC.111/III.A, pages 323–324). According to
information received by the United Nations, Mr. Negrín has reportedly been visited in
detention by high-level officials and urged to sign the April 2022 Social Dialogue Forum
outcome document in exchange for his release. As of 30 of April 2023, he remains in
detention.
123. In its September 2022 report to the Human Rights Council, the Independent
International Fact-Finding Mission noted that the investigation leading to the drafting of its
report ‘faced a series of limitations in particular due to security concerns, including victims’
fear of reprisals’. They further noted that security concerns would likely curtail the Mission’s
ability to conduct effective investigations in the country (A/HRC/51/43, para. 7). In October
2022, the Human Rights Council adopted resolution 51/29 on the situation of human rights
in Venezuela urging Venezuela to ensure that all individuals have unhindered access to and
can communicate with the United Nations and other human rights entities without fear of
reprisal, intimidation or attack (A/HRC/RES/51/29, OP 11).
26.
Viet Nam
124. The 2022 United Nations Country Annual Results report of Viet Nam 91 noted that the
space in which civil society organizations operate has narrowed with the exercise of greater
government control over their activities, 92 discouraging civil society organizations’
partnership with the UN. As a result, many organizations have avoided registering as
CSOs/NGOs and explored other legal modalities. The report notes that the NGOs most
affected are those working on human rights, gender equality and discrimination, the rule of
law and governance. Government partners and civil society organizations expressed
reluctance to engage with international human rights mechanisms, including treaty bodies
(page 66).
125. According to information received by OHCHR, the arbitrary application of restrictive
legislation, including vaguely defined provisions in the Criminal Code related to propaganda
against the State and the NGO regulatory framework,93 negatively impacted on the ability
and willingness of civil society organizations to engage with the United Nations. During the
period, civil society organizations were allegedly hesitant to engage with the United Nations
as implementing partners or to receive funds from the United Nations for fear of being
investigated and found in violation of the complex and vague taxation legislation.94 Several
89
90
91
92
93
94
GE.23-15378
https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_722456/lang--en/index.htm.
GB.347/INS/13(Rev.1), paras. 21 and 31.
https://vietnam.un.org/sites/default/files/202306/2022%20UN%20in%20Viet%20Nam%20Annual%20Results%20Report.pdf.
In line with Government Decrees 80/2020/ND-CP on non-ODA aid, 114/2021/ND-CP on ODA
management, and PM Decision 06/2020/QD-TTg on organization and management of international
meetings and workshops in Viet Nam.
VNM 7/2021. See government reply at:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36915.
https://bangkok.ohchr.org/viet-nam-rights-defenders/.
41