Experts Condemn Viet Nam's Misuse of Counter-Terrorism Laws Against Montagnards and Christian Minorities

The experts criticized the Vietnamese government's approach, noting that it appears to involve arbitrary arrests and detention.

Independent human rights experts have voiced grave concerns over the alleged misuse of counter-terrorism laws by the Socialist Republic of Viet Nam, particularly targeting Montagnard Indigenous Peoples and Christian religious minorities in the country’s Central Highlands.

On January 20, 2024, a "mobile court" in Viet Nam convicted 100 individuals on terrorism-related charges following a mass trial. This trial was in response to attacks on two commune police stations in Dak Lak Province on June 11, 2023, which resulted in nine fatalities.

The experts criticized the Vietnamese government's approach, noting that it appears to involve arbitrary arrests and detention. They alleged that civilians from the majority ethnic group were incited to hunt down suspected Montagnard individuals, leading to severe human rights abuses. Reports indicate that some detainees faced torture and other forms of cruel, inhuman, or degrading treatment, with one individual, Mr. Y Būm Byă, dying in custody on March 8, 2024, due to torture.

The mass trial conducted by the mobile court was criticized for lacking a clear legal basis and independence from political influence. The experts expressed concerns that the court served as a prejudicial tool to collectively shame defendants rather than ensuring individual responsibility and fair trial rights. They highlighted that the trial did not guarantee basic rights such as the preparation of a defense, access to legal representation, or the ability to cross-examine witnesses.

In addition, Viet Nam's designation of the émigré human rights group Montagnards Stand for Justice (MSFJ) as a "terrorist organization" was also condemned. The experts argued that this designation appears to violate international human rights law and could infringe upon freedoms of expression, assembly, and association. The designation may also threaten the rights of Indigenous Peoples to self-determination and the rights of Christian minorities.

The experts pointed out that the mass trial and the targeting of MSFJ are part of a broader pattern of historical discrimination and repression against Montagnards. This includes surveillance, security controls, harassment, and intimidation, which are endangering their lives. They urged Viet Nam to address the underlying conditions in the Central Highlands that contribute to violence, such as human rights violations, ethnic and religious discrimination, political exclusion, and socio-economic marginalization.

Furthermore, the experts called on Viet Nam to cease targeting Montagnard refugees in other countries and to refrain from seeking the forcible return and extradition of individuals convicted in absentia, particularly from Thailand. They emphasized that international law prohibits returning individuals to countries where there is a real risk of serious human rights violations, including torture, enforced disappearance, or arbitrary detention.

The concerns have been communicated to the governments of Viet Nam and Thailand, with the experts urging both nations to uphold international human rights standards and ensure the protection of all individuals, regardless of their ethnicity or religion.