Communications received

412. On 2 November 2001, the Government of Viet Nam replied that the allegations regarding the individual cases mentioned were inaccurate and falsified and that the true information on those cases had been provided to the other thematic mechanisms of the Commission on Human Rights. The Government affirmed that all the individuals mentioned were criminal offenders who had been found in violation of the law and duly prosecuted for their acts. The Government said that there were hundreds of Vietnamese NGOs and professional associations working in all spheres of life, contributing actively to the renewal process of the country and to the promotion

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and protection of the social, cultural, economic and political rights of every citizen. The Government assured the Special Representative that these NGOs need not and in fact did not all belong to the "Fatherland Front".

Observations

413. The Special Representative thanks the Government for its reply. She nevertheless remains concerned about the situation of human rights defenders in Viet Nam. She will continue to watch the situation and seek the cooperation of the Government for the implementation of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.

ZIMBABWE

Communication sent

414. On 19 November 2001, the Special Representative, together with the Special Rapporteur on freedom of opinion and expression, sent an urgent appeal regarding the cases of

Mr. David Coltart, a prominent and well-respected human rights lawyer and Member of Parliament, Mr. Morgan Tsvangirai, leader of the main opposition party Movement for Democratic Change (MDC), and other members of the political opposition in Zimbabwe. It was reported that on 15 November 2001, Mr. Coltart was detained by the police in Harare and then released after two hours. Mr. Coltart has campaigned for many years to improve access to legal services and to uphold the basic rights of everyone in Zimbabwe. In addition, Vice-President Mr. Joseph Msika and other government officials reportedly appeared to be inciting violent action against members of the MDC. In November 2001, the ruling Zanu PF party allegedly accused MDC members of being responsible for the abduction and murder of Mr. Cain Nkala, chairman of the Bulawayo war veterans' association, an armed militia closely associated with the Zanu PF party. Members of the political opposition and human rights activists are reportedly the targets of threats, detention and physical attack as part of a crackdown on the political opposition in Zimbabwe prior to the elections scheduled for March 2002.

Observations

415. No reply from the Government has been received so far.

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Appendix

Submission of allegations to the Special Representative of the Secretary-General on human rights defenders

Overview

At its fifty-sixth session, the Commission on Human Rights requested the Secretary-General to appoint a special representative on human rights defenders (resolution 2000/61 of 26 April 2000). Ms. Hina Jilani (Pakistan) was appointed in August 2000. Her work on the mandate, which began in September 2000, is based largely on the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (General Assembly resolution 53/144 of 9 December 1998).

The Declaration recognizes that the definition of a human rights defender must be broadly understood as encompassing also those striving for the promotion, protection and realization of social, economic and cultural rights, as well as civil and political rights. As the Special Representative stated in her first annual report (E/CN.4/2001/94), she believes that the ambit of her mandate is broad enough to include, for example, those defending the right to a healthy environment, promoting the rights of indigenous peoples, or engaging in trade union activities. The mandate of the Special Representative of the Secretary-General on human rights defenders, as set out in Commission on Human Rights resolution 2000/61, is:

(a) To seek, receive, examine and respond to information on the situation and the rights of anyone, acting individually or in association with others, to promote and protect human rights and fundamental freedoms;

(b) To establish cooperation and conduct dialogue with Governments and other interested actors on the promotion and effective implementation of the Declaration;

(c) To recommend strategies better to protect human rights defenders.

Any individual, group, non-governmental organization, intergovernmental agency or government organization with reliable knowledge of human rights violations against human rights defenders is encouraged to bring the relevant information to the attention of the Special Representative in writing. The Special Representative will transmit information she considers credible and reliable to the Government concerned and request that it respond with its comments and observations.

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Because of the wide range of groups and individuals that send allegations to the Special Representative, those submitting complaints are encouraged to provide information regarding their own human rights work.

While there is no formal procedure for the submission of allegations, certain details must be provided to enable the Special Representative to bring the appropriate cases to the attention of the Governments concerned as soon as possible. The information required includes the identity of the alleged victim, the alleged violation, the perpetrator(s), and the steps, if any, taken by the authorities. Complaints must be made in writing and sent to: