A/HRC/44/50/Add.4 Viet Nam 65. JAL 27/01/2020 Case no: VNM 5/2019 State reply: 20/03/2020 Allegations concerning the detention of human rights defender Ms. Dinh Thi Phuong Thao and the confiscation of her passport by the Vietnamese authorities, as well as the detention of independent journalist Mr. Pham Chi Dung, in what appears to be an act of reprisal for his human rights advocacy. 66. JUA 21/03/2020 Case no: VNM 1/2020 Statereply25/05/2020 Alleged arbitrary arrest and potential enforced disappearance of Ms. Truong Thi Ha while crossing the border from Laos to Viet Nam, in what appears to be an act of reprisal for her human rights advocacy. Responses to communications 67. During the reporting period, the Special Rapporteur sent 50 communications to 16 countries in the Asia Pacific region, receiving 32 responses to 27 of them. He is pleased to notes an improvement in the response rate from the region of 54 per cent, an increase from the figure of 27 per cent noted in the last reporting period. The Special Rapporteur encourages States which did not send replies to improve their interaction with his mandate in line with resolution 32/32 and with the Special Procedures of the Human Rights Council overall. The Special Rapporteur reiterates the importance of providing replies to the communications sent in order to foster a greater spirit of engagement and to better safeguard human rights in the region. Freedom of peaceful assembly 68. This report provides observations to communications sent by the Special Rapporteur concerning the right to freedom of peaceful assembly to Australia, China, India, Iran, Myanmar and Nepal, Pakistan and Timor Leste, during the reporting period. 69. The Special Rapporteur raised his concerns with the Government of Australia (AUS 8/2019) over alleged violations of the right to freedom of peaceful assembly in the law adopted by the Government of Queensland state. The ‘Summary Offences and Other Legislation Amendment Act 2019’ was adopted by the Queensland Parliament on 24 October 2019, in a context of increasing protests linked to environmental concerns. The Act aims to prevent protesters from locking themselves onto equipment, infrastructure and other objects in order to obstruct lawful activities. The Special Rapporteur thanks the Government for its reply dated 4 February 2020. However, the Special Rapporteur remains concerned that the Act allows for the criminalisation of peaceful protesters, and imposes disproportionately severe penalties including imprisonment of up to two years for using a ‘dangerous attachment device,’ the definition of which is overly broad and open to divergent interpretation. The Special Rapporteur remains concerned that the Act appears to prioritise business interests over the defence of land and environment rights that protesters may pursue. 70. Concerns were also raised by the Special Rapporteur with the Government of China with regards to the allegedly inappropriate use of chemical agents during the large scale civil rights demonstrations between June and December of 2019 in Hong Kong (CHN 2/2020). These agents include hazardous substances such as tear gas, pepper spray, pepper balls and irritating chemical constituents dispersed from water cannons and other mobile sprayers against protestors, journalists, human rights defenders, social workers, volunteer medics and other humanitarian workers. Police officers at the frontline of events were also allegedly exposed. The Special Rapporteur expressed his concern at the alleged use of these chemical agents in the densely populated city of Hong Kong, in closed spaces, in close vicinity of schools, kindergartens and institutions housing sensitive segments of the population. More than ten schools and at least two kindergartens were allegedly affected by the use of tear gas by the Hong Kong Police force (HKPF). The Special Rapporteur further expressed concern 15