A/HRC/42/30
(VNM 9/2018). On 25 April 2019, the Government responded, stating that the individuals
disseminated distorted information on State policies regarding ethnic minorities to mislead
the local people. and defamed the State by making up stories about the Government’s
violation of the rights of religious and ethnic groups.105
119. It was reported that, in February 2019, Ms. Nguyen Thi Kim Thanh faced reprisals
following her participation in Vietnam’s UPR in Geneva on 21 January 2019, where she
met with United Nations staff to advocate for the release of her husband, prisoner of
conscience Mr. Truong Minh Duc, who was the subject of a special procedures
communication in September 2017 (VNM 6/2017). Photos of these meetings were posted
on Facebook. When she returned to Viet Nam, upon her arrival at the Airport in Ho Chi
Minh City on 21 February 2019, she was detained by security forces who questioned her
about her meetings with the United Nations. Ms. Nguyen Thi Kim Thanh was informed that
she was being placed on a list of individuals barred from traveling abroad for national
security reasons, her passport was confiscated, and her case referred to the Department of
Immigration. She was asked to sign an official record of these directives.
120. It was reported that in March 2019, Ms. Bui Thi Kim Phuong faced a travel ban as
she was planning to visit Geneva to bring the case of her husband, Mr. Nguyen Bac Truyen,
a human rights defender and independent Hoa Hao Buddhist who faced reprisals after the
2014 visit of the Special Rapporteur on freedom of religion and belief, to the attention of
the Human Rights Committee (see Annex II). On 7 March 2019, a few days before Viet
Nam was to be reviewed by the Committee at its 125th session, Ms. Bui Thi Kim Phuong
was detained and questioned at Tan Son Nhat International Airport in Ho Chi Minh City
and banned from traveling to Europe to meet United Nations and European government
officials to advocate for the release of her husband. The authorities reportedly cited
“security reasons” for the travel ban placed on Ms. Bui Thi Kim Phuong.
121. On 26 September 2018, Mr. Nguyen Van An, a Catholic from Ke Gai Parish, was
informed of an arrest warrant for documenting a violent incident that took place in
December 2017 involving members of “Red Flag Associations” and reporting it to the
Special Rapporteur for freedom of religion or belief in February 2018. Mr. Nguyen Van An
was also an official government witness for the incident, but was later persecuted for his
documentation role. He was the subject of four police summons and accused of “unlawful
restraint.” His family was reportedly subjected to police harassment. Due to these incidents,
Mr. Nguyen Van An and his family have left the country.
122. In March 2019, the Human Rights Committee expressed concern at cases of
reprisals against rights defenders, including for engaging with the United Nations. It
recommended the State party to allow the defenders the necessary latitude to carry out their
activities, including engaging with the United Nations, without fear of restrictions or
reprisal. The Committee also expressed concern that members of religious communities and
their leaders face surveillance, harassment, intimidation, and physical assaults leading to
death, and was disturbed by the involvement of non-State actors, such as the “Red Flag
Associations,” in inciting religious discrimination as well as acts of violence
(CCPR/C/VNM/CO/3, paras. 43, 51–52).
123. On 26 June 2019, the Government responded to the allegations. Regarding the cases
of Ms. Nguyen Thi Kim Thanh and Ms. Bui Thi Kim Phuong, the Government stated that
the claims that the authorities “threaten” or “prevented individuals from travelling” are
untrue and stated that the compilation and drafting of reports related to the UPR and
International Covenant on Civil and Political Rights (ICCPR) are carried out in an open,
transparent and inclusive manner. Regarding the situation of Mr. Nguyen Van An, the
Government indicated that claims of threats against him and his family are unjustified. The
Government stated that there is no “Red Flag Association” in the country and that when
tension between Catholic followers and local residents erupted in December 2017, the
authorities convoked the two groups requesting them not to engage in acts causing
disruption to local social order and security.
105
Response from Government: https://spcommreports.ohchr.org/TMResultsBase/
DownLoadFile?gId=34638.
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