Both Viet Nam and the UN should investigate and ensure accountability for the intimidation and harassment of individuals who sought to meet with the UN's expert on freedom of religion during his recent mission to the country.

(Geneva) - Both Viet Nam and the UN should investigate and ensure accountability for the intimidation and harassment of individuals who sought to meet with the UN's expert on freedom of religion during his recent mission to the country.

The UN Special Rapporteur on freedom of religion or belief, Heiner Bielefeldt, was due to visit Viet Nam from 21 to 31 July, but his planned visits to An Giang, Gia Lai and Kon Tum provinces from 28 to 30 July were forced to be abandoned.

'I received credible information that some individuals with whom I wanted to meet had been under heavy surveillance, warned, intimidated, harassed or prevented from travelling by the police,' Mr Bielefeldt said. 'Even those who successfully met with me were not free from a certain degree of police surveillance or questioning.'

'Allegations that individuals who met or sought to meet with the Special Rapporteur were subject to intimidation and threats must be fully and independently investigated, with the perpetrators held to account,' said ISHR Director Phil Lynch.

'As a matter of international law, these individuals have a right to unhindered communication with the UN and to be free from any form of intimidation or reprisal in connection with such communication,' Mr Lynch said.

'This right gives rise to a correlate legal obligation on the part of both Viet Nam and the UN itself to fully and promptly investigate the allegations, ensure that the victims receive adequate remedy, and ensure that the perpetrators are held accountable.'

As the body that mandated the Special Rapporteur, the UN Human Rights Council has a particular responsibility in this regard.

'Intimidation and reprisals against those who seek to engage with Special Rapporteurs amount to attacks on the individuals, the office of the Special Rapporteur and the institution of the Human Rights Council itself,' Mr Lynch said.

'As the office holders charged with upholding the integrity of the Council and protecting those who engage with its mechanisms, the Council President and Bureau should immediately demand a full investigation and accounting from Viet Nam and make the results of such a process public,' Mr Lynch said.

According to ISHR's Eleanor Openshaw, this latest case of intimidation and threats against persons seeking to cooperate with the UN again demonstrates the importance of the UN General Assembly mandating a high-level focal point on reprisals.

'Member States of the UN are currently debating the need for a stronger institutional response to combat reprisals. This latest case should end the debate,' Ms Openshaw said.

'Individuals have the right to engage with the UN without being threatened or attacked and States have the obligation to uphold this right. Where a State fails to do so or is itself the perpetrator, the UN has a moral and legal duty to act. The appointment of a senior UN focal point to promote investigation, accountability and non-recurrence is crucial and the UN General Assembly should act without delay in this regard,' Ms Openshaw said.

Contacts:

Phil Lynch, Director, on [email protected] or +41 76 708 4738

Eleanor Openshaw, Program Manager, on [email protected] or +1 646 549 9729

Photo: Heiner Bielefeldt, UN Special Rapporteur on Freedom of Religion or Belief - UN Photo / Eskinder Debebe