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Tag: United Nations

  • Pham Doan Trang in BBC News Tiếng Việt: Phán quyết từ LHQ nói VN ‘bắt giữ tùy tiện’ nhà hoạt động Phạm Đoan Trang

    The United Nations Working Group on Arbitrary Detention (UNWGAD) has just released its verdict on the case of journalist Pham Doan Trang and says that Vietnam ‘arbitrarily detained’ activist Pham Doan Trang.

    Excerpt:

    International human rights lawyer Kurtuluş Baştima, who filed Pham Doan Trang’s case with the UN, told BBC News Vietnamese that he received the UN’s ruling on October 25.

    Accordingly, the judgment said that Pham Doan Trang was arrested and detained without an arrest warrant, nor was she informed of the reason for her arrest. Since being arrested until now, Ms. Trang has not been able to see her relatives, and her meeting with a lawyer has been delayed for a long time. As a result, Ms. Trang’s rights under the International Covenant on Civil and Political Rights (ICCPR) have been violated.

    The working group concluded that the Vietnamese government had “arbitrarily detained journalist Pham Doan Trang for the past 11 months”, and that she should be released immediately.

    “The current case is one of many submitted to UNWGAD in recent years related to arbitrary arrests in Vietnam. These cases follow a similar pattern of arrests that do not comply with the regulations. international norms; prolonged detention pending trial without access to indictment files, access to lawyers, prosecution under dubious criminal offenses…; no access to the outside world.”

    “This pattern points to a systemic problem with arbitrary detention in Vietnam that, if continued, could seriously violate international law,” the UNWGAD report reads.

    In the 17-page ruling, UNWGAD also laid out further measures to monitor Vietnam’s compliance, asking the Vietnamese government, within six months, to provide information including:

    Has Pham Doan Trang been released yet? If so, what time?

    Have the terms of compensation been fulfilled?

    Has an investigation been conducted for the violation of Pham Doan Trang’s rights? How’s the result?

    Have there been any legal amendments, namely Article 117 of the old Penal Code and Article 88 of the new Penal Code to be consistent with international obligations?

    Has any other action been taken under this judgment?

    Perspectives from international human rights lawyers

    “This is a very important ruling,” Mr Kurtuluş Baştima told the BBC. He analyzed:

    “Pham Doan Trang could not object to her detention, so her right to apply remedial measures under Article 2(3) ICCPR was violated.”

    “In addition, UNWGAD ruled that Article 117 of the old Penal Code or Article 88 (Amendment of the Penal Code) were too vague and broad to be used as a legal basis to invoke arrest and detention. Pham Doan Trang.”

    In addition, the right to freedom of speech, the right to association and the right to express opinions are also violated by the Vietnamese state, because all activities of Ms. Trang as an author, blogger and journalist are prevented. .”

    “Ultimately, the delay in allowing Ms. Trang to see a lawyer caused her right to a fair trial to be violated under Article 14 of the ICCPR. Ms. Trang’s detention was due to her participation in anti-corruption and civil rights reporting. owner is a violation of his right to engage in public affairs, in particular Article 25(a) of the ICCPR.”

    “This is a decision made by UNWGAD based on the International Covenant on Civil and Political Rights. This convention places an obligation on the state to respect those decisions. Ms. Trang’s lawyer in Vietnam Nam should use this decision of the UN in the upcoming trial,” said Mr. Kurtuluş Baştima.

    However, Mr. Kurtuluş Baştima said that the UN’s ruling is not legally binding, so UNWGAD cannot impose penalties if the Vietnamese government does not implement the proposals made by the UN.

    However, this does not mean that the Vietnamese government will be ignored this decision. Because if not, the Vietnamese government will be held responsible for violating international law and UNWGAD will refer the situation to the United Nations Human Rights Council.

    Immediately following the UN ruling, a joint statement on Tuesday from 28 national and international civil society organizations called on the Vietnamese authorities to immediately and unconditionally release Pham Doan Trang.

    The suppression of Doan Trang and other human rights defenders, including independent writers and journalists, is part of an increasingly worse attack on freedom of expression and information in Vietnam. South,” the joint statement read.

    The Working Group on Arbitrary Detention – UNWGAD – was established on the basis of Resolution 1991/42 of the United Nations Human Rights Commission and has the task of investigating arrests, detentions and imprisonments made by member states, whether it is in accordance with the UN Charter of Human Rights.

    They have the right to request that governments and states submit periodic reports or on specific cases related to acts, decisions or trials that deprive citizens of their freedoms in the Member State.

    Download article in Vietnamese:

    Phan quyet tu LHQ noi VN bat giu tuy tien nha hoat ong Pham oan Trang BBC News Tieng Viet
    Phán quyết từ LHQ nói VN ‘bắt giữ tùy tiện’ nhà hoạt động Phạm Đoan Trang – BBC News Tiếng Việt.pdf
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    Judgment from UN says Vietnam arbitrarily detained activist Pham Doan Trang BBC News Vietnamese
    Judgment from UN says Vietnam ‘arbitrarily detained’ activist Pham Doan Trang – BBC News Vietnamese.pdf
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  • Vietnam Briefing: Vietnam Votes Against The Suspension Of Russia’s Membership In The UN Human Rights Council

    Vietnam Briefing: Vietnam Votes Against The Suspension Of Russia’s Membership In The UN Human Rights Council

    The Vietnam Briefing, which is released every Monday morning Vietnam time, looks at Vietnam’s social and political developments of the past week.

    Source:  The Vietnamese Magazine

    Jailed rights activist marks one year in pretrial detention

    RFA:

    • Nguyen Thuy Hanh, a Vietnamese human rights activist well known for founding the 50K Fund, a private finance initiative to help raise money for families of jailed prisoners of conscience, marked her first year in pretrial detention on April 7.
    • Hanh was arrested on April 7, 2021, by police in Hanoi for investigation for allegedly “distributing propaganda against the State.”
    • In 2020, Vietnamese authorities blocked her bank account after she raised about 500 million dong (US$21,600) to support the family of Le Dinh Kinh, the elderly leader of Dong Tam Village, who was shot dead by security forces during a police raid in January 2020.
    • Hanh had self-nominated herself to run for a seat in Vietnam’s National Assembly elections in 2016 but was disqualified by the authorities.
    • Hanh’s husband, Huynh Ngoc Chenh, said his wife was very depressed before her arrest and that the family is concerned that her psychological condition could worsen.
    • “My wife Hanh was suffering from serious depression and was being treated by a doctor in Saigon [Ho Chi Minh City] when she was arrested,” Chenh told RFA. “After a while, the detention center allowed us to send her some medicine.”
    • But authorities have not informed Hanh’s family about her current mental state while in detention. The family later coincidentally learned from other patients there that she was submitted to a month-long stay in a mental hospital.“We don’t know anything about her health conditions now,” Chenh said.

    Families of Dong Tam death-row inmates allowed family visits in prison

    • The families of Le Dinh Cong and Le Dinh Chuc on April 2 were allowed personal visitations at the Temporary Detention Center Number 2 in Thuong Tin District, Hanoi, after months of restricted visitations due to the COVID-19 outbreak, according to an update from Le Dinh Cong’s daughter Nguyen Thi Duyen.
    • In her Facebook’s status, Duyen wrote that her father and uncle’s mental state remained in “very good” condition; however, she added that Le Dinh Cong had been infected with a severe skin fungus while in prison and asked her to send him some medications. Cong also told his daughter that he had never “personally viewed himself as a death row inmate.”
    • Le Dinh Cong and Le Dinh Chuc are the two sons of Dong Tam Village leader Le Dinh Kinh. They were sentenced to death by the Hanoi People Court during a trial on September 14, 2020, following the police raid of Dong Tam Village that resulted in the deaths of Kinh and three police officers. The Hanoi High Court upheld the sentencing in an appeal hearing on March 8, 2021.

    Australian government urges Vietnam to release political prisoner Chau Van Kham

    • The Australian government is urging Vietnam to free Chau Van Kham, a 72-year-old Vietnamese-born Australian serving a 12-year prison sentence for his involvement in a pro-democracy group, due to concerns about his old age and deteriorating health, Associated Press reports.
    • Kham was convicted of terrorism charges in 2019 by a court in Ho Chi Minh City for his support of the pro-democracy, political party Viet Tan. Hanoi accused Viet Tan of being a “terrorist group” but the organization called the charges “baseless” and said Kham’s legal proceedings were a sham.
    • Australian Foreign Minister Marise Payne said she had argued for Kham’s release in a conversation with Vietnam’s Prime Minister Pham Minh Chinh in Hanoi last year and in a phone call with Vietnam’s Foreign Minister Bui Thanh Son last week.
    • “In relation to Mr. Chau Van Kham, respecting the Vietnamese legal system and we do, our concern though is his age. He is in his 70s, he is unwell,” Payne told reporters. “We have sought an appropriate consideration of his circumstances given those facts and to have him allowed to return to Australia,” Payne said.

    Human Rights Watch urges European Union to pressure Vietnam over its human rights record

    • Human Rights Watch (HRW) in a press statement on April 4 has called on the European Union to pressure Hanoi to “comply with its human rights obligations, end its crackdown on activists, and release all political prisoners.”
    • The statement was made before a bilateral human rights dialogue between the EU and Vietnam is to be held in Brussels on April 6, 2022, according to HRW.
    • The rights advocate has underscored numerous arrests and the imprisonment of social and environmental activists in Vietnam over alleged tax evasion charges.
    • The Vietnamese authorities arrested and imprisoned Mai Phan Loi, a journalist, and Dang Dinh Bach, a lawyer, as they were trying to join the Domestic Advisory Group, an independent body set up under the agreement between the EU and Vietnam to monitor the implementation of the EU-Vietnam Free Trade Agreement (EVFTA).
    • “The EU-Vietnam human rights dialogue shouldn’t be just another box-ticking exercise,” said Claudio Francavilla, EU advocate at Human Rights Watch. “The Vietnamese government has undertaken binding obligations to respect human rights, and the EU should be adamant that Vietnam’s increased repression will carry consequences for Vietnam’s leadership.”

    Journalists in Vietnam are still prosecuted for practicing their profession

    • A court in Ho Chi Minh City on April 5 sentenced Nguyen Hoai Nam, a former state journalist, to three years and six months in jail for criticizing local authorities for their handling of a corruption case he uncovered as a reporter, RFA reports.
    • Nam used to work for the Ho Chi Minh City Law Newspaper. In 2018, the journalist investigated and submitted evidence of wrongdoing among employees of the Vietnam Internal Waterways Agency to the Investigation Department of the Ministry of Public Security.
    • Among the employees at the state-owned agency who were identified in Nam’s reporting, 14 were unpunished despite having been allegedly proven guilty in a bribery case. Nam later wrote on Facebook that the court’s handling of the case was insufficient and that investigators were trying to “cover it up and allow the defendants to slip away.”
    • On April 2, 2021, the journalist was arrested and found guilty on charges of “abusing freedom and democracy to infringe on the legal interests of the state, organizations, and individuals,” a violation under Article 331 of Vietnam’s Penal Code. The court concluded that Nam’s posts also violated anti-defamation laws.
    • In a press statement on April 8, the Committee to Protect Journalists urged the Vietnamese authorities to “release journalist Nguyen Hoai Nam immediately and unconditionally, and stop imprisoning members of the press.”
    • “Vietnamese authorities must free journalist Nguyen Hoai Nam, who was wrongfully sentenced to prison for doing his job as an independent journalist,” said Shawn Crispin, CPJ’s senior Southeast Asia representative. “Vietnam must stop treating journalists who report in the public interest as criminals, and should ensure that members of the press do not face prison for their work.”
    • Meanwhile, the provincial court of Quang Tri on April 7 announced its conviction of Phan Bui Bao Thy, another state journalist who was previously accused of slandering the province’s leaders.
    • According to the court’s decision, Thy was subjected to 12 months of correctional supervision; Le Anh Dung and Nguyen Huy, two of Thy’s accomplices, were each subjected to 18 months of correctional training.

    Vingroup seeks financing from the U.S. government for its expansion

    Vietnamese automaker Vinfast announced that it will seek financing from the United States government to help with its expansion of a planned manufacturing facility in North Carolina, Reuters reported with information from Vingroup Chairman Pham Nhat Vuong, who spoke to a group including reporters on April 9.

    • “It is also one of our financing options, but we need to prove to them that we are qualified,” Vingroup Chairman Pham Nhat Vuong said.
    • The automaker said on April 7 that its Singapore-based holding company had filed for an initial public offering (IPO) with the U.S. securities regulators, Reuters reported.
    • Vingroup, which is popularly known for its role as a contractor of key development projects in Vietnam, has recently placed its bet on the electric vehicle manufacturing venture amid the Vietnamese government’s wide crackdown on real estate developers over the alleged market and economic manipulation.
    • The latest example of this crackdown is the arrest of Do Anh Dung, chairman of the real estate developer Tan Hoang Minh, who is being investigated over allegations of “committing fraud.” Tan Hoang Minh was also involved in the manipulation of land prices in the auctions of the Thu Thiem New Urban Area project in Ho Chi Minh City.
    • In 2021, the company offered a hefty 2.4 billion dong (US$106,242) for a square meter of Thu Thiem land but then withdrew from the auction. The price suggested by Tan Hoang Minh was 130 times higher than the compensation rate for the seized lands of Thu Thiem citizens (about $797.)

    Vietnam votes against the resolution to suspend Russia’s membership in theUnited Nations Human Rights Council

    • On April 7, the UN General Assembly voted to approve the U.S. -led effort to suspend Russia from the 47-member Human Rights Council over its invasion and alleged killing of civilians in Ukraine. Vietnam joined 23 UN members, including China, Cuba, North Korea, and Laos, in voting against the resolution.
    • Hanoi’s objection to the UN resolution was in stark contrast to the speech made by Vietnamese Representative to the UN Dang Hoang Giang at the 11th Emergency Special Session of the General Assembly, where he called on involved parties to “reduce tension, apply ceasefire and resume dialogue in order to seek long-term solutions to differences.”
    • “Vietnam opposes all actions of attacking civilians and violations of humanitarian and human rights laws,” Giang added as he emphasized the need to “verify recent information in a transparent, open and objective manner with the cooperation of all relevant sides.”
    • In an interview with RFA Vietnamese, Carl Thayer, emeritus professor of politics at the University of New South Wales, said that Vietnam “has shot itself in the foot” for its decision and that there would be “a drop off of support” from the United States and other Western countries since they were disappointed with Hanoi’s support for Moscow.
    • According to The Vietnamese Magazine’s observations, state-run media in the country has reported on the suspension of Russia’s membership in the Human Rights Council but avoided mentioning Vietnam’s opposition to the move.

    Vietnam Insight: Learn more about Vietnam

    Russia’s Ties to Southeast Asia and How They Affect the Ukraine War: Part 3, Singapore and Vietnam

    Council on Foreign Relations/ Joshua Kurlantzick/ April 7

    “Yet Russia remains the cornerstone of Vietnam’s military platforms, and, interestingly, there seem to be some divisions within the Vietnamese public about the Ukraine war as well. As To Minh So notes, “a Gallup International Poll in 2017 on perceptions of Global Leaders found that Vietnamese [were] more favorable of Putin than Russians, with 89 percent approving his leadership.” However, To Minh So also notes that, during the Ukraine war, public opinion in Vietnam appears less supportive of Putin, as much as can be judged via the state media (which has not called the war “an invasion”) and other outlets in an authoritarian country. Still, given the extensive level of public support for Putin just five years ago (and after Putin’s 2014 invasion of Crimea), it is easy to imagine that the Vietnamese public is heavily divided on how to view the Ukraine conflict.”

    Why Vietnam Holds the Trump Card in the US-Vietnam Partnership

    The Diplomat/ Khang Vu/ April 5

    “Vietnam seems to well understand its strong bargaining leverage and thus its refusal to raise the relationship to the level of a strategic partnership is based on the confidence of its importance in the U.S. Indo-Pacific strategy. In other words, Vietnam’s reluctance does not hurt the positive outlook of U.S.-Vietnam relations. As U.S. State Department Counselor Derek Chollet put it in his recent visit to Vietnam, bilateral exchanges show “the ever-growing strength of the United States-Vietnam relationship.” This explains why some Vietnamese officials claimed the partnership is already strategic in practice thanks to the current level of cooperation.”

    Will Vietnam Be Able to Wean Itself Off Russian Arms?

    Fulcrum/ Le Hong Hiep/ April 4

    “Nevertheless, relying on a single source of arms will subject Vietnam to serious risks. Apart from the above-mentioned issues, Moscow’s increasingly close ties with Beijing is another source of risk that Hanoi should be mindful of, given the intensifying South China Sea dispute. Putting in place plans to wean itself off Russian arms will only become increasingly important to Vietnam. The compatibility issue means that this needs to be done in phases, matching the retirement of old Russian platforms with the procurement of new platforms from other suppliers. During this process, in addition to improving domestic arms production capabilities, further strengthening its strategic ties with potential alternative suppliers will also help Hanoi better manage its diversification efforts.”

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    More from The Vietnamese Magazine. 
  • Vietnam Briefing: Vietnam Seeks To Strengthen Cooperation With The United States On Multiple Fronts

    Vietnam Briefing: Vietnam Seeks To Strengthen Cooperation With The United States On Multiple Fronts

    The Vietnam Briefing, which is released every Monday morning Vietnam time, looks at Vietnam’s social and political developments of the past week.

    Source:  The Vietnamese Magazine .

    Vietnamese billionaire arrested on market manipulation charges

    • Vietnam’s state media on March 29 reported that the investigation unit of the Public Security Ministry had arrested Trinh Van Quyet, a Vietnamese billionaire and director of the local real estate developer FLC, for further investigation in connection with  his alleged activities of “manipulating the stock market” and “concealing personal stock exchange activities.”
    • Quyet’s activities were allegedly in violation of Vietnam’s Article 211 of the 2015 Penal code, which has a maximum sentence of seven years of imprisonment for activities that undermine the country’s stock market exchange regulations.
    • State media also quoted police sources who said that other individuals at FLC were also under investigation for similar charges. Quyet’s arrest was a result of his selling of more than 70 million FLC stocks on January 1 without disclosing the transaction information and notifying the authorities in charge and investors of such activities.
    • The FLC director was fined 1.5 billion dong (US$65,677) and banned from making transactions for a period of five months. In 2017, he also received a 65 million dong fine for the same misconduct.
    • Quyet’s real estate conglomerate FLC was also accused by some of Vietnam’s environmental organizations, such as the Save Tam Dao, of colluding with local authorities to clear natural forests for real estate development projects, such as building golf courses. For example, FLC’s plan to cut down the Dak Doa pine forest in Gia Lai Province for golf course development in 2021 has caused a public stir. The project was reportedly suspended after Trinh Van Quyet was arrested.

    Vietnam’s automaker Vinfast signs a deal to build an electric automobile factory in the United States

    • Reuters on March 29 reported that the Vietnamese automaker Vinfast had signed a deal to invest US$2 billion to build a factory in North Carolina for the manufacture of its electric buses, SUVs, as well as batteries for electric vehicles.
    • Vinfast, owned by Vietnam’s largest conglomerate Vingroup, said that it plans to have a total investment of US$4 billion in the U.S.-based factory complex which is expected to finish by July 2024. It added that the initial manufacturing capacity will be 150,000 units per year.
    • In an official statement, U.S. President Joe Biden praised Vinfast’s investment in North Carolina as “the latest example” of his economic strategy at work. Biden also added that the electric SUV manufacturing investment is in line with the U.S. government’s efforts to build a clean energy economy as he encouraged other companies to make more in America and rebuild the supply chains domestically.
    • In 2021, Vingroup established its Singapore-based holding company called Vinfast Singapore and transferred a total of 51.5 percent of its stake to its subsidiary. The move was seen as part of the company’s plan to list shares of its car units in the United States, Reuters reported.
    • Despite its increasing global recognition, Vingroup and its subsidiary Vinfast are also a target of criticism in Vietnam for their opaque economic relationship with the Vietnamese government, where cronyism and favoritism are said to be the main drivers of their fast expansion.
    • Last year, Vinfast made headlines after the company announced that it would report one of its car buyers to the police after the customer uploaded videos on Youtube complaining about several technical problems with his newly bought Vinfast car. The Vietnamese automaker claimed that the uploaded videos contained “untrue content” which “affected the reputation of VinFast.”
    • Tran Van Hoang, the car owner, later decided to take down his video, but a Vinfast statement said that they “saved all the evidence” and subsequently sent their complaints to the police. “If a similar incident were to occur when operating in the United States, we will also submit a request to the authorities in accordance with local law, and to protect our legal rights,” the company said.

    Counselor of the U.S. Department of State visits Vietnam, reaffirming the U.S. commitment to the Indo-Pacific region

    • Counselor of the U.S. Department of State Derek Chollet made a visit to the Philippines, Vietnam, and Japan from March 28 to April 2 as he sought to consolidate the U.S. commitment to its Indo-Pacific allies and partners, according to a statement from the State Department’s spokesperson.
    • While in Hanoi, Counselor Chollet is expected to meet with senior government officials to affirm the United States-Vietnam Comprehensive Partnership and the U.S. commitment to ASEAN, discuss the ongoing crisis in Burma and talk about regional economic and security cooperation, as well as highlight the importance of respect for human rights, according to the statement.
    • At a press conference on April 1, Chollet said that Vietnam is an important partner of the U.S. in the region and he vowed to work closely with Vietnam to ensure freedom of maritime in the South China Sea, also known as the East Sea in Vietnam, and to promote cooperation.
    • On March 30, U.S. Ambassador to Vietnam Marc Knapper spoke at the reception ceremony for his new position, saying that the United States “will make every possible effort to support Vietnam.”
    • Knapper pledged to develop mutual cooperation between the United States. and Vietnam on multiple fronts, from helping the Southeast Asian country’s economy recover from COVID-19, boosting the effectiveness of its climate change response, in addition to providing Vietnam with workforce training and digital transformation programs.
    • Also at the ceremony, Vietnamese Prime Minister Pham Minh Chinh claimed that Vietnam wished to work together with the United States on the basis of “respecting each other’s independence, sovereignty, territorial integrity, political institutions, and differences.”

    Social networking platforms reportedly removed “toxic content” upon the Vietnamese government’s request

    • Vietnam’s state-owned media on March 29 quoted official statistics and reported that foreign social networking sites, including Facebook, Youtube, and Tiktok, had complied with the government’s request to remove thousands of pieces of content that “defy the Communist Party and the Vietnamese government.”
    • The social networks have reportedly removed up to 90 percent of “anti-state posts” requested by the Vietnamese authorities.
    • According to government statistics, from January 1 to March 21, 2022, Facebook blocked and removed more than 525 posts that “publish false information and distribute information defying the Party and the government.”
    • At the same time, local authorities claimed that Google had removed 2,678 videos on its video-sharing platform Youtube while Tiktok deleted around 71 pieces of content that “promote false information and negative content which undermine [Vietnam’s] COVID-19 prevention strategy.”

    Former state journalist being tried for “defame provincial leaders”

    • Vietnam’s state-run media reported that the Quang Tri provincial court on March 30 held a trial for the former journalist Phan Bui Bao Thy, along with Le Anh Dung and Nguyen Huy, on charges of “abusing democratic rights and freedom to infringe on State and individual interests” under Article 331 of Vietnam’s 2015 Penal Code.
    • According to their indictment, Thy, Dung, and Huy had written, edited, and posted information that “distort and defame several leaders of Quang Tri Province.” This information has consequently “created public skepticism towards the political qualities, morality, lifestyle, and capabilities of these individuals,” it added.
    • Thy got arrested on February 5, 2021, and was previously set to be tried on October 31. However, at that time, the Quang Tri court returned his case to the Procuracy’s Office for further investigation due to the lack of evidence.
    • On March 31, the Procuracy said it had gathered “well-grounded evidence” to prosecute and announced its suggested sentencing for the defendants. According to its suggestions, Thy and Dung are expected to receive from 9 to 12 months in prison, while Huy is expected to receive correctional training for up to 12 months.

    A truck driver was sentenced to 1 year in jail for expressing opinions on Vietnam’s COVID-19 strategy

    • Le Minh Tai, 38, a truck driver living in the southern province of Ca Mau, was convicted of “abusing democracy rights and freedom” and sentenced to one year in prison, State media reports.
    • According to his indictment, from September 17 to November 27, 2021, when Vietnam imposed strict lockdowns to combat spiking COVID-19 infections, Tai used his personal Facebook account to publish a total of “28 posts and nine videos” to complain about how the Ca Mau authorities’ stringent antivirus strategy had negatively affected the livelihoods of many truck drivers.
    • Tai’s online posts were regarded by local authorities as “containing negative information” as well as “distorting, defaming and slandering provincial leaders.” Last June, he was also fined 10 million dong for “using social networks to provide distorted information and defame other individuals’ reputation.”

    Vietnam publishes its voluntary midterm report on the implementation of the Universal Periodic Review (UPR)

    • The State-controlled VietnamPlus on March 31 reported that the Vietnamese Foreign Ministry had published the country’s voluntary midterm report on the implementation of the Universal Periodic Review (UPR) third cycle recommendations, in addition to announcing Hanoi’s candidacy to the UN Human Rights Council for the 2023-2025 term.
    • According to Do Hung Viet, Vietnam’s Assistant Foreign Minister, Vietnam “has been actively engaged with the UPR process” and the country’s efforts and accomplishments have been recognized while its shortcomings and challenges have also been identified.
    • Viet added that Hanoi has received and accepted “hundreds of recommendations” from the international community and these guidelines are important for Vietnam to “further improve the enjoyment of all human rights” in the country.
    • Nevertheless, the Vietnamese government has been widely condemned for the serious violation of the basic human rights of its citizens, including freedom of expression, movement, press, and association.
    • Human Rights Watch in February released a report documenting Hanoi’s systematic restriction of the rights to freedom of movement of political and human rights of activists, claiming that these unlawful activities from the Vietnamese government are “serious infringements on basic rights.”
    • The United Nations High Commissioner for Human Rights (OHCHR) last December also urged the Hanoi authorities to “immediately release” human rights defenders Trinh Ba Phuong, Nguyen Thi Tam, Do Nam Trung, the independent author Pham Doan Trang, and citizen journalist Le Trong Hung, as well as “many others arbitrarily detained for exercising their rights to freedom of opinion and expression.”
    • “All the cases follow similar worrying patterns that raise serious issues concerning the presumption of innocence, the legality of their detention, and the fairness of their trial,” said  Ravina Shamdasani, spokeswoman for the OHCHR.

    Vietnam Insight: Learn more about Vietnam

    Climate change accelerates US-Vietnam cooperation

    Asia Times/ James Borton/ March 30

    “Hanoi’s political leadership recognizes that Washington can increase its financial and technical assistance to help the nation meet climate challenges and support its renewable-energy developments. The Vietnam Green Growth Strategy (VGGS) has set targets to achieve low-emission development and help the nation’s efforts to mitigate climate change.

    USAID continues to play a supporting role in Asia’s Low Emission Development Strategy partnership, which provides training, knowledge sharing, and cooperation to more effective use of LEDS tools and practices in development decision-making and financing.”

    Vietnam’s Mediascape Amid the War in Ukraine: Between Method and Mayhem

    Fulcrum/ Hoang Thi Ha/ March 30

    “In contrast to mainstream media’s disciplined coverage, social media, especially Facebook and YouTube, provide the platforms for many Vietnamese to express their ‘wild and loud’ opinions and share information that has often been labeled by different groups as mis- and dis-information. Dozens of new Facebook groups with memberships ranging from a thousand to around 200,000 have been created to focus on the war in Ukraine while many YouTube posts covering the war by both individuals and quasi-private media outlets draw thousands to millions of views. This buzz on Vietnam’s social media platforms suggests that the disciplined approach of Vietnam’s mainstream media in their coverage of the Russia-Ukraine war has not been able to satisfy the hunger for alternative news sources and commentary among many Vietnamese.”

    Vietnam and the Russian ties that bind them

    Southeast Asia Globe/ Govi Snell/ March 17

    “A 2019 study by the Stockholm International Peace Research Institute found Vietnam imported 84% of its total arms from Russia between 1995 and 2019. The submarines, tanks, fighter jets, and assorted weaponry totaled $7.4 billion during the time period.

    Sanctions also could impact Vietnam with a disruption in remittances for Russian transactions, problems for Vietnamese nationals living in Russia, and lost tourism revenue.”

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    More from The Vietnamese Magazine.

  • Pham Doan Trang in United States Mission to the United Nations: Remarks by Ambassador Linda Thomas-Greenfield at the 2022 U.S. Secretary of State’s International Women of Courage Awards Ceremony

    U.S. Representative to the United Nations, Ambassador Linda Thomas-Greenfield, salutes all the heroines for their bravery and dedication to their causes.  She also mentions the United Nations 66th Session of the Commission on the Status of Women where the world’s governments come together to advance gender equality and the empowerment of women.

    Excerpt:

    Most of all, I am in awe of the heroines we are here today to celebrate. You are activists and journalists, peacemakers and parliament members. You are prosecutors fighting organized crime and corruption. You are community leaders bravely testifying against gang leaders. You are defenders of the environment, of indigenous rights, of LGBTQI+ rights, of human rights. You have shut down sexual harassment and lifted up the next generation of women leaders. You listen. You lead. And you show courage beyond belief.

    Of course, far too many courageous women are not able to be here, and that includes one of our honorees, Pham Doan Trang, who is imprisoned in Vietnam for her work to protect human rights and promote political participation. And then there are the tens of thousands of other women – too many to count – who demonstrate unimaginable bravery in the face of impossible cruelty each and every day.

    Right now, I cannot stop thinking about the mothers in Ukraine. The mothers who have been forced to give birth in bomb shelters. The mothers who have been forced to pass their children – alone, terrified – into crowded trains leaving the country. The mothers who have taken up arms to defend their families, their communities, their country.

    And then there are the women and girls in Afghanistan, who are being excluded from schools and jobs after decades of progress. Or the women and girls in Ethiopia, who are being subjected to rape as a weapon of war. These are all our sisters. You are here to represent them, and all the women facing such grave challenges throughout the world. And it is on us – all of us here in this room and across the world – to do right by them.

    For our part, at the United Nations, today marks the opening of the 66th Session of the Commission on the Status of Women – it’s a massive, annual session where the world’s governments come together to advance gender equality and the empowerment of women. And this year we’re paying particular attention to the role of women in the climate crisis – both how women and girls are acutely affected and how we are poised to lead the way forward. I was proud to announce our diverse delegation to CSW today, which will champion our values and the full, equal, and meaningful participation of women, girls, and gender-diverse people on all fronts. They understand – just as you do – how important it is that we speak up for those who are not in the room.

    Download:

    Remarks by Ambassador Linda Thomas Greenfield at the 2022 US Secretary of States International Women of Courage Awards Ceremony United States Mission to the United Nations
    Remarks by Ambassador Linda Thomas-Greenfield at the 2022 U.S. Secretary of State’s International Women of Courage Awards Ceremony – United States Mission to the United Nations.pdf
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  • Vietnam Briefing: Vietnam Abstains From Condemning Russia’s Invasion Of Ukraine

    Vietnam Briefing: Vietnam Abstains From Condemning Russia’s Invasion Of Ukraine

    The Vietnam Briefing, which is released every Monday morning Vietnam time, looks at Vietnam’s social and political developments of the past week.

    Source:  The Vietnamese Magazine

    Vietnam abstained from United Nations’ resolution condemning Russian aggression

    • On March 2, as the UN General Assembly approved a nonbinding resolution condemning Russia’s invasion of Ukraine, Vietnam remained one of 35 countries that abstained. It is also one of the only two countries in the Association of Southeast Asian Nations (ASEAN,) together with Laos, that chose not to publicly vote in favor of the resolution.
    • In the resolution, the UN stated that it deplored “the aggression by the Russian Federation against Ukraine.” It also demanded that Russia “immediately cease its use of force against Ukraine” and “immediately, completely and unconditionally withdraw all of its military forces.”
    • Vietnamese Ambassador at the UN Dang Hoang Giang on March 1 made a speech during its special session on the situation in Ukraine, calling on involved parties to “stop the use of force, resume dialogue, and seek longterm solutions to differences.”
    • He also mentioned the need to “ensure security and safety of the people and protect essential infrastructure in accordance with international humanitarian law” and asked the international community to “continue providing humanitarian aid for civilians.”
    • Nataliya Zhynkina, chargé d’affaires a.i. at the Embassy of Ukraine in Vietnam, wrote in a Facebook status that she was “deeply disappointed” about its abstention.
    • As Russia’s closest partner and ally, the Vietnamese government has been largely silent on voicing its support for Ukraine while refraining from criticizing Russia for its unprovoked attacks on a sovereign state. Meanwhile, local pro-government internet users have also been seen widely supporting the Kremlin’s manufactured reasons for its invasion.

    Vietnamese scholars, lawyers, and activists show support for Ukrainian people

    Radio Free Asia:

    • Two groups of Vietnamese scholars, attorneys, and representatives from civil society organizations voiced support for Ukraine in its fight against Russia’s invading army. It strikes a markedly different tone than their government’s stance, which has largely been silent on the war.
    • In a letter to Nataliya Zhynkina, three dozen Vietnamese declared themselves “freedom lovers” and urged Ukrainians to resist Russia in defense of their “young democracy,” which emerged from an authoritarian past.
    • Among the signatories were members of the Civil Society Forum, Nguyen Trong Vinh Club, Le Hieu Dang Club, Lap Quyen Dan, and Vietnam Independent Writers Initiative. They noted that while Vietnam is a communist country, many Vietnamese believe that independence and democracy — values that Ukrainians are protecting — are important.
    • The letter and a second one a group of attorneys wrote to Russian President Vladimir Putin circulated among closed groups on Facebook. They stand in sharp contrast to the Vietnamese government’s overarching passivity to the conflict.
    • The two letters also criticized Vietnamese who support Putin’s actions in Ukraine. “Given invasion threats from China, as Vietnamese people, they should have empathized with Ukrainian people instead of supporting Putin’s invasion,” Mac Van Trang, an expert on sociopolitical issues in Vietnam, said about the pro-Russia stance of several Vietnamese groups. “How stupid and narrowminded they are!”
    • Meanwhile, on March 4, a group of local activists and civil society organizations gave donations worth more than 200 million dong (US$8,755) to the Ukrainian Embassy in Vietnam via its chargé d’affaires Nataliya Zhynkina. The donations were locally raised and “surpassed 200 million after one day,” one of the organizers wrote. “We understand and […] share the losses that the Ukrainian people and its government have been bearing,” he added.

    Vietnamese activist arrested on allegations of “distributing anti-state materials”

    • Vietnam’s state media on March 1 reported that Ho Chi Minh City Police had arrested Tran Van Bang, a local dissident, and pro-democracy activist, for investigations of his alleged activities of “storing, making, and posting online materials that propagandize, distort, and defame the Socialist Republic of Vietnam.” It added that his posts had “intended to defy the government and negatively affect social security and order.”
    • Bang was subsequently prosecuted under Article 117 of Vietnam’s 2015 Penal Code, which penalizes anyone who “distributes anti-state materials.”According to the police, the investigation agency had conducted a search of his house and “collected a number of books and materials containing anti-state information.”
    • Following Bang’s arrest, his attorney – Dang Dinh Manh – told RFA that he was in the process of registering to defend his client. Attorney Manh added that he would be allowed visitation to his client only after the police finished its investigation.
    • Bang, 61, is a member of the Le Hieu Dang Club, a local organization advocating for democracy and the protection of Vietnam’s sovereignty, and also a regular attendee at several anti-China protests in Vietnam. In 2015, he was assaulted by security forces at an anti-China rally in Ho Chi Minh City.

    Vietnamese court postponed the trial of former journalist

    • On March 3, the Hanoi People’s Court announced that the trial of former independent journalist Le Van Dung was postponed after one of the judges tested positive for COVID-19, according to attorney Ha Huy Son.
    • Previously, Dung had his trial scheduled on March 11 on accusations of “distributing anti-state propaganda.” The new trial date will be announced later, Son added.
    • Commonly known by his pen name Le Dung Vova, Dung was detained in late June last year after the police issued a national warrant for his arrest. He owned a Vietnamese language personal media channel – Chan Hung Nuoc Viet TV – where he reported and live-streamed his comments on different social and environmental issues.

    China announces South China Sea drills close to Vietnam coast

    Reuters:

    “In a statement late on Friday, the Hainan Maritime Safety Administration said the drills would start from the same day and last until March 15.

    It provided coordinates for an area roughly halfway between Hainan’s Sanya and the Vietnamese city of Hue. Sanya is home to a major Chinese naval base.”

    Salinization in Mekong Delta in Vietnam to a spike in March

    Radio Free Asia:

    “On Feb. 7, Vietnam’s Southern Institute of Water Resources Research (SIWRR) said that the Mekong Delta had been suffering from early salinity intrusion since the beginning of the dry season as China had been limiting water discharge from its upstream hydropower plants.

    According to SIWRR, China’s decision to cut water discharge from its storage reservoirs to generate electricity has been one of the key causes of the salinity levels.”

    Vietnam Insight: Learn more about Vietnam

    Russia’s Invasion of Ukraine: The Diplomatic Dilemma Facing Vietnam

    The Diplomat/ Hai Hong Nguyen/ March 4

    “Prima facie, these statements reveal that Vietnam faces a dilemma in how to respond to the war in Ukraine. Reading between the lines, however, Vietnam is sending different messages not only on Russia and Ukraine but also with regard to other potential future conflicts.”

    ASEAN needs to uphold principles, not neutrality, in Ukraine war

    Nikkei Asia/ Huong Le Thu/ March 2

    “Still, ASEAN’s muted response to Russia’s attack on Ukraine is disappointing. Even more so was the joint statement by ASEAN foreign ministers calling for restraint from “all parties.”

    Trying to remain impartial when one country is bombing the unarmed civilians of another country does nothing to uphold the principle of neutrality. It is, in fact, a blurring of black and white.”

    ASEAN response to Ukraine crisis a show of ‘diplomatic cowardice’

    RFA/ Zachary Abuza/ March 2

    “Already riddled with divisions over Chinese aggression in the South China Sea, the damming of the Mekong, the ethnic cleansing of the Rohingya, and the 2021 coup d’êtat in Myanmar, ASEAN, through its toothless response to the Russian invasion, yet again is proving inept in collectively addressing a security issue with potential implications for Southeast Asia.”

    What’s in a Name: The Promise and Peril of a US-Vietnam ‘Strategic Partnership’

    The Diplomat/ Phuong Vu/ March 2

    “It should not be controversial to point out that Vietnam and the U.S. share a deeper, more multi-faceted relationship than some nations higher up in Hanoi’s diplomatic hierarchy. Since 2013, the U.S.-Vietnam comprehensive partnership has made significant strides. In 2020, bilateral trade reached $92.2 billion, more than nine times higher than Vietnam’s trade with India. The U.S. is Vietnam’s 11th largest investor, with nearly $10 billion invested in the country.”

    💡
    More from The Vietnamese Magazine.

  • LIV supports Electronic Frontier Foundation: Letter to the United Nations to Include Human Rights Safeguards in Proposed Cybercrime Treaty

    Legal Initiatives for VIETNAM, together with more than 130 civil society organizations, individual experts and academics, joins Electronic Frontier Foundation in a letter to the United Nations seeking robust civil society participation throughout all stages of the development and drafting of the Cybercrime Treaty that could potentially change policing in a global scale and infringe on human rights.  

    Letter:

    December 22, 2021

    H.E. Ms Faouzia Boumaiza Mebarki

    Chairperson

    Ad Hoc Committee to Elaborate a Comprehensive International Convention on Countering the Use of Information and Communication Technologies for Criminal Purposes

    Your Excellency,

    We, the undersigned organizations and academics, work to protect and advance human rights, online and offline. Efforts to address cybercrime are of concern to us, both because cybercrime poses a threat to human rights and livelihoods, and because cybercrime laws, policies, and initiatives are currently being used to undermine people’s rights. We therefore ask that the process through which the Ad Hoc Committee does its work includes robust civil society participation throughout all stages of the development and drafting of a convention, and that any proposed convention include human rights safeguards applicable to both its substantive and procedural provisions.

    Background

    The proposal to elaborate a comprehensive “international convention on countering the use of information and communications technologies for criminal purposes” is being put forward at the same time that UN human rights mechanisms are raising alarms about the abuse of cybercrime laws around the world. In his 2019 report, the UN special rapporteur on the rights to freedom of peaceful assembly and of association, Clément Nyaletsossi Voule, observed, “A surge in legislation and policies aimed at combating cybercrime has also opened the door to punishing and surveilling activists and protesters in many countries around the world.” In 2019 and once again this year, the UN General Assembly expressed grave concerns that cybercrime legislation is being misused to target human rights defenders or hinder their work and endanger their safety in a manner contrary to international law. This follows years of reporting from non-governmental organizations on the human rights abuses stemming from overbroad cybercrime laws.

    When the convention was first proposed, over 40 leading digital rights and human rights organizations and experts, including many signatories of this letter, urged delegations to vote against the resolution, warning that the proposed convention poses a threat to human rights.

    In advance of the first session of the Ad Hoc Committee, we reiterate these concerns. If a UN convention on cybercrime is to proceed, the goal should be to combat the use of information and communications technologies for criminal purposes without endangering the fundamental rights of those it seeks to protect, so people can freely enjoy and exercise their rights, online and offline. Any proposed convention should incorporate clear and robust human rights safeguards. A convention without such safeguards or that dilutes States’ human rights obligations would place individuals at risk and make our digital presence even more insecure, each threatening fundamental human rights.

    As the Ad Hoc Committee commences its work drafting the convention in the coming months, it is vitally important to apply a human rights-based approach to ensure that the proposed text is not used as a tool to stifle freedom of expression, infringe on privacy and data protection, or endanger individuals and communities at risk.

    The important work of combating cybercrime should be consistent with States’ human rights obligations set forth in the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and other international human rights instruments and standards. In other words, efforts to combat cybercrime should also protect, not undermine, human rights. We remind States that the same rights that individuals have offline should also be protected online.

    Scope of Substantive Criminal Provisions

    There is no consensus on how to tackle cybercrime at the global level or a common understanding or definition of what constitutes cybercrime. From a human rights perspective, it is essential to keep the scope of any convention on cybercrime narrow. Just because a crime might involve technology does not mean it needs to be included in the proposed convention. For example, expansive cybercrime laws often simply add penalties due to the use of a computer or device in the commission of an existing offense. The laws are especially problematic when they include content-related crimes. Vaguely worded cybercrime laws purporting to combat misinformation and online support for or glorification of terrorism and extremism, can be misused to imprison bloggers or block entire platforms in a given country. As such, they fail to comply with international freedom of expression standards. Such laws put journalists, activists, researchers, LGBTQ communities, and dissenters in danger, and can have a chilling effect on society more broadly.

    Even laws that focus more narrowly on cyber-enabled crimes are used to undermine rights. Laws criminalizing unauthorized access to computer networks or systems have been used to target digital security researchers, whistleblowers, activists,  and journalists. Too often, security researchers, who help keep everyone safe, are caught up in vague cybercrime laws and face criminal charges for identifying flaws in security systems. Some States have also interpreted unauthorized access laws so broadly as to effectively criminalize any and all whistleblowing; under these interpretations, any disclosure of information in violation of a corporate or government policy could be treated as “cybercrime.” Any potential convention should explicitly include a malicious intent standard, should not transform corporate or government computer use policies into criminal liability, should provide a clearly articulated and expansive public interest defense, and include clear provisions that allow security researchers to do their work without fear of prosecution.

    Human Rights and Procedural Safeguards

    Our private and personal information, once locked in a desk drawer, now resides on our digital devices and in the cloud. Police around the world are using an increasingly intrusive set of investigative tools to access digital evidence. Frequently, their investigations cross borders without proper safeguards and bypass the protections in mutual legal assistance treaties. In many contexts, no judicial oversight is involved, and the role of independent data protection regulators is undermined. National laws, including cybercrime legislation, are often inadequate to protect against disproportionate or unnecessary surveillance.

    Any potential convention should detail robust procedural and human rights safeguards that govern criminal investigations pursued under such a convention. It should ensure that any interference with the right to privacy complies with the principles of legality, necessity, and proportionality, including by requiring independent judicial authorization of surveillance measures. It should also not forbid States from adopting additional safeguards that limit law enforcement uses of personal data, as such a prohibition would undermine privacy and data protection. Any potential convention should also reaffirm the need for States to adopt and enforce “strong, robust and comprehensive privacy legislation, including on data privacy, that complies with international human rights law in terms of safeguards, oversight and remedies to effectively protect the right to privacy.”

    There is a real risk that, in an attempt to entice all States to sign a proposed UN cybercrime convention, bad human rights practices will be accommodated, resulting in a race to the bottom. Therefore, it is essential that any potential convention explicitly reinforces procedural safeguards to protect human rights and resists shortcuts around mutual assistance agreements.

    Meaningful Participation

    Going forward, we ask the Ad Hoc Committee to actively include civil society organizations in consultations—including those dealing with digital security and groups assisting vulnerable communities and individuals—which did not happen when this process began in 2019 or in the time since.

    Accordingly, we request that the Committee:

    • Accredit interested technological and academic experts and nongovernmental groups, including those with relevant expertise in human rights but that do not have consultative status with the Economic and Social Council of the UN, in a timely and transparent manner, and allow participating groups to register multiple representatives to accommodate the remote participation across different time zones.
    • Ensure that modalities for participation recognize the diversity of non-governmental stakeholders, giving each stakeholder group adequate speaking time, since civil society, the private sector, and academia can have divergent views and interests.
    • Ensure effective participation by accredited participants, including the opportunity to receive timely access to documents, provide interpretation services, speak at the Committee’s sessions (in-person and remotely), and submit written opinions and recommendations.
    • Maintain an up-to-date, dedicated webpage with relevant information, such as practical information (details on accreditation, time/location, and remote participation), organizational documents (i.e., agendas, discussions documents, etc.), statements and other interventions by States and other stakeholders, background documents, working documents and draft outputs, and meeting reports.

    Countering cybercrime should not come at the expense of the fundamental rights and dignity of those whose lives this proposed Convention will touch. States should ensure that any proposed cybercrime convention is in line with their human rights obligations, and they should oppose any proposed convention that is inconsistent with those obligations.

    We would be highly appreciative if you could kindly circulate the present letter to the Ad Hoc Committee Members and publish it on the website of the Ad Hoc Committee.

    Signatories,*

    1. Access Now – International
    2. Alternative ASEAN Network on Burma (ALTSEAN) – Burma
    3. Alternatives – Canada
    4. Alternative Informatics Association – Turkey
    5. AqualtuneLab – Brazil
    6. ArmSec Foundation – Armenia
    7. ARTICLE 19 – International
    8. Asociación por los Derechos Civiles (ADC) – Argentina
    9. Asociación Trinidad / Radio Viva – Trinidad
    10. Asociatia Pentru Tehnologie si Internet (ApTI) – Romania
    11. Association for Progressive Communications (APC) – International
    12. Associação Mundial de Rádios Comunitárias (Amarc Brasil) – Brazil
    13. ASEAN Parliamentarians for Human Rights (APHR)  – Southeast Asia
    14. Bangladesh NGOs Network for Radio and Communication (BNNRC) – Bangladesh
    15. BlueLink Information Network  – Bulgaria
    16. Brazilian Institute of Public Law – Brazil
    17. Cambodian Center for Human Rights (CCHR)  – Cambodia
    18. Cambodian Institute for Democracy  –  Cambodia
    19. Cambodia Journalists Alliance Association  –  Cambodia
    20. Casa de Cultura Digital de Porto Alegre – Brazil
    21. Centre for Democracy and Rule of Law – Ukraine
    22. Centre for Free Expression – Canada
    23. Centre for Multilateral Affairs – Uganda
    24. Center for Democracy & Technology – United States
    25. Center for Justice and International Law (CEJIL) – International
    26. Centro de Estudios en Libertad de Expresión y Acceso (CELE) – Argentina
    27. Civil Society Europe
    28. Coalition Direitos na Rede – Brazil
    29. Código Sur – Costa Rica
    30. Collaboration on International ICT Policy for East and Southern Africa (CIPESA) – Africa
    31. CyberHUB-AM – Armenia
    32. Data Privacy Brazil Research Association – Brazil
    33. Dataskydd – Sweden
    34. Derechos Digitales – Latin America
    35. Defending Rights & Dissent – United States
    36. Digital Citizens – Romania
    37. DigitalReach – Southeast Asia
    38. Digital Rights Watch – Australia
    39. Digital Security Lab – Ukraine
    40. Državljan D / Citizen D – Slovenia
    41. Electronic Frontier Foundation (EFF) – International
    42. Electronic Privacy Information Center (EPIC) – United States
    43. Elektronisk Forpost Norge – Norway
    44. Epicenter.works for digital rights – Austria
    45. European Center For Not-For-Profit Law (ECNL) Stichting – Europe
    46. European Civic Forum – Europe
    47. European Digital Rights (EDRi) – Europe
    48. ​​eQuality Project – Canada
    49. Fantsuam Foundation – Nigeria
    50. Free Speech Coalition  – United States
    51. Foundation for Media Alternatives (FMA) – Philippines
    52. Fundación Acceso – Central America
    53. Fundación Ciudadanía y Desarrollo de Ecuador
    54. Fundación CONSTRUIR – Bolivia
    55. Fundacion Datos Protegidos  – Chile
    56. Fundación EsLaRed de Venezuela
    57. Fundación Karisma – Colombia
    58. Fundación OpenlabEC – Ecuador
    59. Fundamedios – Ecuador
    60. Garoa Hacker Clube  –  Brazil
    61. Global Partners Digital – United Kingdom
    62. GreenNet – United Kingdom
    63. GreatFire – China
    64. Hiperderecho – Peru
    65. Homo Digitalis – Greece
    66. Human Rights in China – China
    67. Human Rights Defenders Network – Sierra Leone
    68. Human Rights Watch – International
    69. Igarapé Institute — Brazil
    70. IFEX – International
    71. Institute for Policy Research and Advocacy (ELSAM) – Indonesia
    72. The Influencer Platform – Ukraine
    73. INSM Network for Digital Rights – Iraq
    74. Internews Ukraine
    75. InternetNZ – New Zealand
    76. Instituto Beta: Internet & Democracia (IBIDEM) – Brazil
    77. Instituto Brasileiro de Defesa do Consumidor (IDEC) – Brazil
    78. Instituto Educadigital – Brazil
    79. Instituto Nupef – Brazil
    80. Instituto de Pesquisa em Direito e Tecnologia do Recife (IP.rec) – Brazil
    81. Instituto de Referência em Internet e Sociedade (IRIS) – Brazil
    82. Instituto Panameño de Derecho y Nuevas Tecnologías (IPANDETEC) – Panama
    83. Instituto para la Sociedad de la Información y la Cuarta Revolución Industrial – Peru
    84. International Commission of Jurists – International
    85. The International Federation for Human Rights (FIDH)
    86. IT-Pol – Denmark
    87. JCA-NET – Japan
    88. KICTANet – Kenya
    89. Korean Progressive Network Jinbonet – South Korea
    90. Laboratorio de Datos y Sociedad (Datysoc) – Uruguay
    91. Laboratório de Políticas Públicas e Internet (LAPIN) – Brazil
    92. Latin American Network of Surveillance, Technology and Society Studies (LAVITS)
    93. Lawyers Hub Africa
    94. Legal Initiatives for Vietnam
    95. Ligue des droits de l’Homme (LDH) – France
    96. Masaar – Technology and Law Community – Egypt
    97. Manushya Foundation – Thailand
    98. MINBYUN Lawyers for a Democratic Society – Korea
    99. Open Culture Foundation – Taiwan
    100. Open Media  – Canada
    101. Open Net Association – Korea
    102. OpenNet Africa – Uganda
    103. Panoptykon Foundation – Poland
    104. Paradigm Initiative – Nigeria
    105. Privacy International – International
    106. Radio Viva – Paraguay
    107. Red en Defensa de los Derechos Digitales (R3D) – Mexico
    108. Regional Center for Rights and Liberties  – Egypt
    109. Research ICT Africa
    110. Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC) – Canada
    111. Share Foundation – Serbia
    112. Social Media Exchange (SMEX) – Lebanon, Arab Region
    113. SocialTIC – Mexico
    114. Southeast Asia Freedom of Expression Network (SAFEnet) – Southeast Asia
    115. Supporters for the Health and Rights of Workers in the Semiconductor Industry (SHARPS) – South Korea
    116. Surveillance Technology Oversight Project (STOP)  – United States
    117. Tecnología, Investigación y Comunidad (TEDIC) – Paraguay
    118. Thai Netizen Network  – Thailand
    119. Unwanted Witness – Uganda
    120. Vrijschrift – Netherlands
    121. West African Human Rights Defenders Network – Togo
    122. World Movement for Democracy – International
    123. 7amleh – The Arab Center for the Advancement of Social Media  – Arab Region

    `Individual Experts and Academics

    1. Jacqueline Abreu, University of São Paulo
    2. Chan-Mo Chung, Professor, Inha University School of Law
    3. Danilo Doneda, Brazilian Institute of Public Law
    4. David Kaye, Clinical Professor of Law, UC Irvine School of Law, former UN Special Rapporteur on Freedom of Opinion and Expression (2014-2020)
    5. Wolfgang Kleinwächter, Professor Emeritus, University of Aarhus; Member, Global Commission on the Stability of Cyberspace
    6. Douwe Korff, Emeritus Professor of International Law, London Metropolitan University
    7. Fabiano Menke, Federal University of Rio Grande do Sul
    8. Kyung-Sin Park, Professor, Korea University School of Law
    9. Christopher Parsons, Senior Research Associate, Citizen Lab, Munk School of Global Affairs & Public Policy at the University of Toronto
    10. Marietje Schaake, Stanford Cyber Policy Center
    11. Valerie Steeves, J.D., Ph.D., Full Professor, Department of Criminology University of Ottawa

    *List of signatories as of February 25, 2022

    Download:

    Letter to the United Nations to Include Human Rights Safeguards in Proposed Cybercrime Treaty Electronic Frontier Foundation
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  • Pham Doan Trang in United Nations Press briefing notes on Viet Nam

    The UN calls on the Vietnamese Government to repeal all legal provisions that violate fundamental freedoms and to immediately release all these individuals (human and land rights defenders) as well as the many others arbitrarily detained for exercising their rights to freedom of opinion and expression.

    Title: United Nations Press briefing notes on Viet Nam
    Publish Date: December 17, 2021
    Publisher: UN High Commissioner for Human Rights

    Full Statement:

    Press briefing notes on Viet Nam

    Spokesperson for the UN High Commissioner for Human Rights: Ravina Shamdasani

    Location: Geneva

    Date: 17 December 2021

    We are deeply troubled by the harsh sentencing of human rights and land rights defenders convicted of spreading anti-State propaganda in Viet Nam.

    In the span of three days this week, four prominent human rights defenders – Trinh Ba Phuong, Nguyen Thi Tam, Do Nam Trung and independent author Pham Doan Trang were sentenced to up to 10 years in jail and 5 years on probation under articles 88 and 117 of Viet Nam’s Criminal Code, all following prolonged pre-trial detention. Trinh was sentenced to 10 years in prison and five on probation; Nguyen to six in prison and three on probation; Do to 10 years in jail and four on probation; and Pham to nine years’ imprisonment.

    Journalist Le Trong Hung, who had announced his intention to run for political office as an independent, is facing trial on 31 December on similar charges. He has been held since March 2021, without access to a lawyer and without being allowed to meet his family.

    The charges against these five people, who were reporting on human rights and land rights and who were arrested in 2020 and 2021, appear to be part of a campaign to silence and intimidate those who raise their voices in defence of human rights. All the cases follow similar worrying patterns that raise serious issues concerning the presumption of innocence, the legality of their detention, and the fairness of their trial. There is prolonged incommunicado pre-trial detention, prosecution under the vaguely worded offence of “spreading anti-State propaganda”, denial of access to legal counsel and closed trials that do not respect international fair trial standards.

    We urge the authorities in Viet Nam to immediately release all these individuals as well as the many others arbitrarily detained for exercising their rights to freedom of opinion and expression.

    We also call on the Government to repeal all legal provisions that violate fundamental freedoms. The articles of the criminal code under which these charges were brought are vague and overly broad and thereby inconsistent with international human rights norms.

    Cases of this kind contribute to a climate of self-censorship in the country and have a chilling effect on media freedom. They also prevent people from exercising their fundamental rights and engaging in public debate on issues of importance.

    ENDS

  • Pham Doan Trang in Expatica: UN asks Vietnam to free jailed dissidents

    On Tuesday, one of Vietnam’s most prominent dissident journalists Pham Doan Trang was sentenced to nine years behind bars on anti-state charges. The United Nations urges the Vietnamese authorities to release all the human and land rights defenders.

    Excerpt:

    The United Nations rights agency on Friday expressed deep concern over the jailing of four rights and land activists in Vietnam and demanded their immediate release.

    The communist regime often moves swiftly to stifle dissent, jailing activists, journalists and any critic with large audiences on Facebook.

    “We are deeply troubled by the harsh sentencing of human rights and land rights defenders convicted of spreading anti-state propaganda in Vietnam,” Ravina Shamdasani, a spokeswoman for the UN High Commissioner for Human Rights, said.

    “In the span of three days this week, four prominent human rights defenders… were sentenced to up to 10 years in jail and five years on probation,” she said.

    “All the cases follow similar worrying patterns that raise serious issues concerning the presumption of innocence, the legality of their detention, and the fairness of their trial,” she said.

    “We urge the authorities in Vietnam to immediately release all these individuals as well as the many others arbitrarily detained”.

    On Tuesday, one of Vietnam’s most prominent dissident journalists Pham Doan Trang was sentenced to nine years behind bars on anti-state charges.

    The UNHCR spokeswoman called on Vietnam “to repeal all legal provisions that violate fundamental freedoms”, saying the charges brought against the four were “vague and overly broad and thereby inconsistent with international human rights norms”.

    Download:

    UN asks Vietnam to free jailed dissidents Expat Guide to Switzerland Expatica
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  • Pham Doan Trang in Hans Thoolen on Human Rights Defenders and their awards – Pham Doan Trang: UN experts call for release of Vietnamese human rights defender

    Pham Doan Trang in Hans Thoolen on Human Rights Defenders and their awards – Pham Doan Trang: UN experts call for release of Vietnamese human rights defender

    United Nations human rights experts call on the Vietnamese government to immediately release acclaimed journalist and activist Pham Doan Trang after serving a year in detention.  They accuse the authorities of “criminalising the exercise of their right to freedom of opinion”.

    Excerpt:

    On 30 October 2021 AFP reported that a group of UN human rights experts called for the immediate release of Vietnamese activist Pham Doan Trang (pic), who is awaiting trial after a year in detention. The prominent Vietnamese author, who campaigns for press freedom and civil rights, was arrested in October last year.

    Trang has pushed for change on a host of controversial issues, including land grabs and LGBTQ rights. “Pham Doan Trang is only the latest victim of the authorities’ use of vaguely-defined propaganda charges to persecute writers, journalists and human rights defenders,” the experts said in a statement.

    The UN experts said the charges against her stem from at least three human rights reports she co-authored, plus interviews with foreign media. They accuse the authorities of “criminalising the exercise of their right to freedom of opinion”.

    “We urge the authorities to immediately and unconditionally release Ms Pham Doan Trang.“

    The UN experts included the special rapporteurs on the right to freedom of opinion, on human rights defenders, and on the right to physical and mental health.

    Download:

    Pham Doan Trang UN experts call for release of Vietnamese human rights defender Hans Thoolen on Human Rights Defenders and their awards
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  • Pham Doan Trang in Voice of America: Vietnam Violated Journalist’s Rights, UN Watchdog Says

    The United Nations Working Group on Arbitrary Detention called the arrest and detention of famed journalist Pham Doan Trang as arbitrary, and has encroached her basic rights.

    Excerpt:

    Pressure is mounting on Vietnam to release an imprisoned journalist known for her coverage of human rights issues.

    An opinion issued by the U.N. Working Group on Arbitrary Detention found that journalist Pham Doan Trang was denied her rights following her October 2020 arrest and subsequent detention in Ho Chi Minh City.

    A copy of the working group’s opinion, sent to the journalist’s lawyer on October 25, said, “The appropriate remedy would be to release [Trang] immediately and accord her an enforceable right to compensation and other reparations, in accordance with international law.”

    Trang, who co-founded the independent magazine Luat Khoa and The Vietnamese news website, reported on issues including police harassment.

    Before her arrest on charges of anti-state propaganda, Trang said on social media that police were harassing her because of her reporting.

    Trang’s lawyer, Kurtulus Bastimar, told VOA Vietnamese the U.N. found that authorities arrested Trang without a warrant, and that she was not informed of the charges against her or given an opportunity to challenge her detention. Both are considered violations of the International Covenant on Civil and Political Rights.

    Bastimar said the ruling was significant.

    “The U.N. working group in this decision has decided that Pham Doan Trang has been placed outside of the protection of the law,” he said. “This is really important.”

    Also significant, Bastimar said, is that the U.N. body did not recognize Vietnam’s judicial authority as competent.

    “So, they are not independent in the eyes of the U.N. Working Group,” he said.

    Bastimar said he also believes the U.N. opinion could assist Vietnamese lawyers, who can use its findings on human rights violations and violations of international law in cases they are defending.

    A joint statement Tuesday from 28 civil society organizations, including Human Rights Watch, the Committee to Protect Journalists and various Vietnamese groups, said Trang had been denied access to her lawyers and family for over a year.

    “It is clear that Pham Doan Trang is being persecuted for her long-standing work as an independent journalist, book publisher, and human rights defender, known for writing about topics ranging from environmental rights to police violence, as well as for her advocacy for press freedom,” the statement said.

    Vietnam has a poor record for media freedom, ranking 175 out of 180 countries, where 1 is freest, on the Reporters Without Borders press freedom index.

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