Y Khiu Niê

Cases
Location of case in SG report
2022-139-001
Relevant SG report
Year of the report
2023
Country Geolocation

Latitude: 14.058324

Longitude: 108.277199

Country Geolocation (linked Cases)
Vietnam
From Region
UN body that raised the case prior to the SG report
  • UN Special Procedures: Thematic
Dates of prior UN action
28 April 2023
Type of record
Named individual
Gender
Male
Was the victim a foreign national?
No
Was the victim a minor?
No
Individual's/organization's activity

human rights defenders belonging to the “Montagnards” indigenous community and religious minority of Christian Protestants

Type of rights defended
  • Caste/Ethnic minorities' rights/Racism
  • Indigenous peoples’ rights
Was the victim a civil servant or member of the security forces or of the judiciary?
No
Reported trigger of reprisal
  1. On 28 April 2023, special procedures mandate holders addressed the alleged arbitrary arrest, threats, surveillance, undue travel restrictions and harassment of Mr. Y Khiu Niê and Mr. Y Sĩ Êban, human rights defenders belonging to the “Montagnards” indigenous community and religious minority of Christian Protestants, which prevented them from participating in the SEAFORB Conference, held in Bali (Indonesia) in November 2022 (VNM 2/2023). On 6 November 2022, Mr. Niê and Mr. Êban were reportedly not allowed to board the plane from Tân Sơn Nhất International Airport (Ho Chi Minh City) and were interrogated by the police about their motive to attend the SEAFORB conference. Police allegedly threatened Mr. Niê with imprisonment and forced him to sign a document stating that he will cease all communication with international human rights organizations, specifically for the purpose of submitting information to the United Nations and foreign governments. During the interrogations, the police officers allegedly informed that Mr. Niê had been under surveillance. Mr. Niê and Mr. Êban were both released hours later. Mandate holders noted that these restrictions might amount to intimidation and reprisals for cooperating or attempting to cooperate with the United Nations, its representatives, and mechanisms in the field of human rights. They expressed concern about the chilling effect of the restrictions, which could inhibit cooperation with the United Nations and lead to self- censorship (VNM 2/2020).
Engagement with UN body
  • Unclear
Dates of engagement
6 November 2022
Type of attempted engagement
  • Meeting with UN officials during country visit / with locally present UN officials
Dates of mentioned reprisals
6 November 2022
Location of mentioned reprisals
Airport Ho Chi Minh City
Reprisal information
  1. On 28 April 2023, special procedures mandate holders addressed the alleged arbitrary arrest, threats, surveillance, undue travel restrictions and harassment of Mr. Y Khiu Niê and Mr. Y Sĩ Êban, human rights defenders belonging to the “Montagnards” indigenous community and religious minority of Christian Protestants, which prevented them from participating in the SEAFORB Conference, held in Bali (Indonesia) in November 2022 (VNM 2/2023). On 6 November 2022, Mr. Niê and Mr. Êban were reportedly not allowed to board the plane from Tân Sơn Nhất International Airport (Ho Chi Minh City) and were interrogated by the police about their motive to attend the SEAFORB conference. Police allegedly threatened Mr. Niê with imprisonment and forced him to sign a document stating that he will cease all communication with international human rights organizations, specifically for the purpose of submitting information to the United Nations and foreign governments. During the interrogations, the police officers allegedly informed that Mr. Niê had been under surveillance. Mr. Niê and Mr. Êban were both released hours later. Mandate holders noted that these restrictions might amount to intimidation and reprisals for cooperating or attempting to cooperate with the United Nations, its representatives, and mechanisms in the field of human rights. They expressed concern about the chilling effect of the restrictions, which could inhibit cooperation with the United Nations and lead to self- censorship (VNM 2/2020).
Types of reprisals suffered
  • Detention/Imprisonment: Release within a day
  • Surveillance
  • Threats/Intimidations (incl. "fear of reprisal")
  • Travel restriction
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
No
Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
Yes
How many times has the case been followed up in subsequent SG reports?
3
In which SG report was this case followed up on? 0
2024
Follow up information provided in SG report 0
  1. The cases of Mr. Y Khiu Niê and Mr. Y Sĩ Êban were included in the 2023 report195 of the Secretary-General on allegations of arbitrary arrest, surveillance and travel restrictions which prevented them from participating in the 2022 SEAFORB Conference, held in Bali (Indonesia).196 Mr. Y Khiu Niê and Mr. Y Sĩ Êban are human rights defenders belonging to the “Montagnards” indigenous community and religious minority of Christian Protestants.
  2. In its 2023 observations after the review of Viet Nam, the Committee on the Elimination of Racial Discrimination (CERD) noted reports that those working on the rights of ethnic and religious minorities, Indigenous Peoples and non-citizens were systematically targeted with violence, intimidation, surveillance, threats, and reprisals as a consequence of their work. Specifically, the Committee expressed concern about reported acts of reprisals for cooperating or attempting to cooperate with the United Nations, its representatives and mechanisms in the field of human rights, referring to the cases of Mr. Y Khiu Niê and Mr. Y Sĩ Êban (CERD/C/VNM/CO.15-17, para. 24).
  3. According to information received by OHCHR, Mr. Y Khiu Niê and Mr. Y Sĩ Êban and their close relatives have been interrogated and intimidated by the police on several occasions during the reporting period, including about their contacts with organizations outside Viet Nam that document and report on the situation of ethnic Montagnards.
Followup Trends 0
Deterioration/further reprisals
Date of follow up 0
27 December 2023
Did the government respond? 0
Yes
Was this case followed up by a UN body? 0
  • UN Treaty Bodies: CERD
In which SG report was this case followed up on? 1
2025
Follow up information provided in SG report 1
  1. The cases of Mr. Y Khiu Niê and Mr. Y Sĩ Êban were included in the 2023 and 2024 report145 of the Secretary-General on allegations of arbitrary arrest, surveillance and travel restrictions which prevented them from participating in the 2022 SEAFORB Conference, held in Bali (Indonesia).146 Mr. Y Khiu Niê and Mr. Y Sĩ Êban are human rights defenders belonging to the Montagnards indigenous community and religious minority of Christian Protestants.
  2. On 14 June 2024, special procedures mandate holders reported that Mr. Y Khiu Niê was summoned to the Government centre of Ea Tu Commune on 9 April 2024 and interrogated as to whether he had been taking part in further civil society trainings, pressured to convince his family members to return from Thailand to Viet Nam, and questioned about his contacts with civil society organizations overseas. Mandate holders also addressed that, on 20 August 2023, Y Sĩ Êban was threatened by two police officers who entered his residence with fines and imprisonment if he observed the International Day of Commemorating the Victims of Acts of Violence Based on Religion or Belief (VNM 2/2023). They also stated that his wife had been interrogated on 10 and 11 April 2024 (VNM 4/2024).
Followup Trends 1
Deterioration/further reprisals
Date of follow up 1
14 June 2024
Was this case followed up by a UN body? 1
  • UN Special Procedures: UN Special Procedures - General