A/HRC/48/28
financial operations by the office of the bank sector’s superintendent and the adoption of a
new registry for NGOs linked to terrorism. In its oral update on 10 March 2021, the FFM
expressed concern about the Government’s tightening of requirements for the registration,
funding and operation of NGOs, as well as detention of NGO workers under the Law on
Organized Crime and Financing of Terrorism, stating that public officials have fuelled
harassment against NGOs through narratives that criticize cooperation with international
organizations and actors or the receipt of foreign funds.80
122. On 26 August 2021, the Government responded to the note verbale sent in connection
to the present report, stating that none of the cases included can be linked to intimidation and
reprisals for cooperation with the UN. The Government categorically rejected the way in
which the report has approached the cases as alleged reprisals for cooperation with the UN
when most of them are allegations and assertions without any legal basis, including those
made in connection with the fact-finding mission. Regarding the case of NGOs Azul Positivo,
the Government referred to its firm and exhaustive reply provided to special procedures
mandate holders on the case. Furthermore, the Government informed that a process of
dialogue is currently underway with NGOs working on human rights and humanitarian law
to exchange ideas and opinions on their work and the possible obstacles they have faced, and
with the cooperation of the OHCHR Office in Venezuela.
31.
Viet Nam
123. Multiple UN actors during the reporting period, including the Spokesperson of the
High Commissioner for Human Rights and special procedures mandate holders, identified
alleged acts of intimidation and reprisals for cooperation or attempted cooperation with the
UN, in a broader context of increased targeting of journalists, bloggers, lawyers, and human
rights defenders and their relatives. Incidents reported include surveillance, cyber-attacks,
intimidation, passport confiscation, arbitrary arrest and detention, and heavy sentencing of
those who cooperate or attempt to cooperate with the UN. UN actors have expressed concerns
that this contributes to an environment of fear leading to self-censorship and potentially
inhibits others from cooperating or sharing information with the UN.
124. On 17 September 2020, special procedures mandate holders addressed allegations of
police action to prevent Mr. Nguyen Tuong Thuy, vice chairperson of the Independent
Journalist Association of Vietnam (IJAVN) and a human rights defender, from meeting with
UN representatives. On 7 March 2018, Mr. Nguyen Tuong Thuy was reportedly confined at
his residence by approximately twenty police officers to prevent him from meeting with an
OHCHR delegation at the UN Representative’s Office in Hanoi (VNM 3/2020). The incident
was not publicly reported at the time for fear of further retribution. Mandate holders also
referred to Mr. Nguyen Tuong Thuy’s arrest on 23 May 2020 on suspicion of “making,
storing, and disseminating documents and materials for anti-State purposes” under Article
117 of the Penal Code also listed under Offenses Against National Security (VNM 3/2020).
On 28 December 2020, the Government responded81 confirming Mr. Nguyen Tuong Thuy’s
arrest and charges.
125. On 5 January 2021, Mr. Nguyen Tuong Thuy was sentenced to 11 years in prison and
three years on probation. The Spokesperson for the High Commissioner for Human Rights
expressed concerns at the severe sentence handed down. The Spokesperson also expressed
concerns that individuals who try to cooperate with the UN’s human rights bodies are
subjected to intimidation and reprisals, potentially inhibiting others from sharing information
about human rights issues with the UN. 82 On 14 January 2021, mandate holders publicly
addressed Nguyen Tuong Thuy’s sentence as part of a rising trend in arbitrary detention,
reprisals, ill treatment and unfair trials targeting independent journalists, bloggers, prodemocracy activists and human rights defenders. 83 According to information received by
80
81
82
83
Interactive Dialogue, Fact-finding Mission on Venezuela, 29th Meeting, 46th Regular Session Human
Rights Council, at https://media.un.org/en/asset/k1h/k1h75sdsyi (time stamp 00:09:20).
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35828.
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=26644&LangID=E.
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