A/HRC/51/47
as well as their relatives (VNM 3/2022). Mandate holders had sent a communication to the
Government on 25 October 2021 addressing reported human rights abuses perpetrated
against a group of Vietnamese women and girls’ victims of trafficking in Saudi Arabia (VNM
5/2021). The Government replied on 5 March 2022,55 and a group of women and girls were
repatriated to Viet Nam.
81.
Reportedly, following the publication of the abovementioned communication and a
press release issued on 4 November 2021,56 there was an escalation of acts of intimidation
against repatriated victims and their families. The case of Ms. H’Thai Ayun is indicative of
the aggravated targeting following the intervention by mandate holders. Ms. H’Thai Ayun
was a victim of trafficking who very vocally denounced the situation, including on social
media, and requested the protection from relevant authorities in Saudi Arabia. In December
2021, given the deterioration of her situation and credible and well-founded fears for her
safety if returned to Viet Nam, Ms. H’Thai Ayun was relocated to a third country and her
case is being closely followed by several UN agencies (VNM 3/2022).
82.
On 22 November 2021, mandate holders addressed allegations of long-term arbitrary
detention and sentencing of several human rights defenders, including that of Ms. Pham
Doan Trang for sharing reports on the human rights situation in the country with the UN and
other international actors (VNM 6/2021).57 Ms. Trang is a blogger, journalist and democracy
activist. In September 2021, the UN Working Group on Arbitrary Detention deemed her
detention arbitrary (Opinion 40/2021).
83.
Ms. Trang was reportedly placed under de facto house arrest in February 2018 and
formally arrested on 6 October 2020. She was prosecuted for her articles and reports on the
human rights situation in Viet Nam, including an analysis of a 2016 report on the Formosa
Ha Tinh Steel Plant environmental disaster that was shared with the UN. Ms. Trang is being
held in Hoa Lo Prison.
84.
On 29 October and 23 December 2021 58 mandate holders addressed Ms. Trang’s
detention and charges, where reports shared with the UN were allegedly used as evidence
against her. They noted that the sharing of testimonies and reports is a common way of
communicating with the UN, and its criminalization ultimately undermines the UN human
rights system as a whole. The Formosa disaster was extensively addressed by UN mandateholders at the time. 59 On 14 December 2021, Ms. Trang was sentenced to nine years
imprisonment.60
85.
According to information received by OHCHR, on 14 December 2021, Ms. Trang
was sentenced by Hanoi People’s Court to 9 years in prison for allegedly conducting antiState propaganda. She has reportedly been denied family visits since her trial in December
2021, and there are serious concerns about her deteriorating physical condition. On 27
January 2022, Ms. Trang’s request for appeal was reportedly accepted, and the appeal trial is
expected to take place after May 2022.
55
56
57
58
59
60
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36838.
https://www.ohchr.org/en/press-releases/2021/11/viet-nam-and-saudi-arabia-un-experts-callprotection-trafficked-workers.
See also VNM 3/2020 and VNM 5/2020; and Government replies
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35828
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35828.
https://www.ohchr.org/en/2021/11/viet-nam-release-writer-held-propaganda-charges-un-experts;
https://www.ohchr.org/en/press-releases/2021/12/viet-nam-un-experts-appalled-conviction-fourhuman-rights-defenders.
VNM 5/2016 and Government reply; VNM 1/2017; VNM 4/2017 and Government reply; VNM
2/2018 and Government reply; VNM 8/2018 and Govtnerment reply; and VNM 2/2022 and
Government reply. See also https://www.ohchr.org/en/press-releases/2018/02/viet-nam-un-rightsexperts-urge-release-activists-jailed-protesting-toxic.
https://www.ohchr.org/en/press-briefing-notes/2021/12/press-briefing-notes-viet-nam.
33