A/HRC/57/60
lead to its approval. On 12 January the National Assembly resumed the discussion of the
bill.192
25.
Viet Nam
172. The cases of members of independent religious communities and activists who
attended or sought to attend the Southeast Asia Freedom of Religion or Belief Conference
(SEAFORB) were included in the 2019 and 2023 reports of the Secretary-General 193 on
allegation of threats, harassment, travel restrictions and acts of violence that either prevented
their participation or took place as a result of it. 194 The SEAFORB Conference includes
interaction with the United Nations and awareness-raising about how to engage with United
Nations human rights mechanisms.
173. 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.
174. 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).
175. 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.
176. In June and September 2023, OHCHR raised concerns about the intensification of the
selective application of restrictive legislation, reporting a trend of increase in prosecutions on
tax evasion and vague national security charges against human rights defenders or victims,
including those who engage with the United Nations.197 The CERD also expressed concern
about the selective application of various laws and decrees with the effect of intimidating or
restricting the rights of those working on the rights of ethnic minorities, Indigenous Peoples
and noncitizens, including human rights defenders, lawyers and journalists
(CERD/C/VNM/CO.15-17, paras. 20–22).198
177. According to information received by OHCHR, during the reporting period civil
society organizations refrained from publicly engaging with United Nations human rights
bodies and mechanisms and requested anonymity and confidentiality in their contributions
and engagements with the Organization due to fear of reprisals. Reportedly, this also
impacted the number and type of civil society contributions to the fourth cycle of the
192
193
194
195
196
197
198
GE.24-14259
https://www.oas.org/en/iachr/jsForm/?File=/en/iachr/media_center/preleases/2024/022.asp.
A/HRC/45/36 para. 124, Annex I paras. 146–151 and 154; A/HRC/54/61, Annex II paras. 138–139.
VNM 2/2020, VNM 2/2023. See Government reply to VNM 2/2023 at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=38525
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=38525.
A/HRC/54/61, Annex II paras.
VNM 2/2023.
https://www.ohchr.org/en/press-briefing-notes/2023/09/sentencing-environmental-human-rightsdefenders-viet-nam; https://www.ohchr.org/en/press-briefing-notes/2023/06/viet-nam-detentionenvironmental-human-rights-defender-hoang-thi-minh.
In particular, the application of offences against national security (Criminal Code, articles 117 and
331), and the disproportionate use of the Law on Counter-Terrorism (No. 28/2013/QH13,
articles 109, 113 and 229) to charge and convict individuals belonging to ethnic minority groups.
67