Editorial: Asean Must Bring Silence in Sombath Abduction to an End

The Nation: 25 February 2013

Group’s claims to being a people-oriented community are at stake

The disappearance of Sombath Somphone in police custody last December continues to haunt Laos, once considered the “heavenly land” in continental Southeast Asia. With regional and international pressure increasing by the day, it is amazing to watch the old guard in Vientiane playing things out. For decades, Laos has escaped international scrutiny because it is a small and landlocked country without any strategic imperative. However, with the rise of China, Laos has become an important strategic outpost. As such, the country has brought attention to itself.

Laos joined Asean in 1997 without much fanfare. It delayed its membership for two years for fear that it would upset ties with China. Since joining the grouping, it has maintained a low profile all along, fearing controversy. However, with its ongoing mega-dam construction projects, it has been hard for Laos to remain silent on these issues, especially as they relate to the environment and villagers’ relocation. For instance, the construction of Xayaboury Dam has already caused havoc within the communist hierarchy – who are only used to affirmative answers – because of the myriad negative views against the dam.

Now, in a globalised world, Laos has to contemplate which route it wants to pursue. The recent reforms in Myanmar have already shaken the Laotian establishment. Myanmar’s political reforms were progressive in comparison with the pace of reforms in Laos since 1984. The country can no longer hide in obscurity and hope to get away with – if the worst fears of some are realised – the murder of one of its most famous sons.

When Asean was drafting its charter and terms of reference for human rights, the Laotian delegates were the most conservative and persistent in ensuring that the grouping would not move too fast. However, with the dramatic reforms in Myanmar, Asean as a whole has to think hard about how it can reform to provide further dynamics for political and social transformation. Much has been said about economic cooperation.

The time has come for Asean to speak up. Secretary General Le Luong Minh needs to display his leadership. During the weeks since he has assumed the position, he has spoken widely on the South China Sea and regional integration. How can Asean become one community when its leaders continue to turn a blind eye to assaults on the human dignity of their own citizens?

The notion that Asean can be a people-oriented community will be a farce as long as none of the Asean leaders speaks out on human-rights violations.

The disappearance of Sombath reveals the true nature of an archaic, inward-looking group of communist leaders who are becoming increasingly irrelevant to the dynamic changes within the region. Asean must take up the case of Sombath; its credibility is at stake. The Laotian government must be held accountable for his disappearance and can not longer remain mute. In the absence of cooperation from Vientiane, Asean should join hands with the international community to ensure that justice is done in this landlocked country that for too long has been far beyond the watchful eyes of the world.

Asean Urged to Step in over Missing Activist

The Nation: 21 February 2013

Asean and its human rights body were urged to intervene in the disappearance of Lao social activist Sombath Somphone amid the failure of the authorities in Vientiane to trace his whereabouts.

File photo : Sombath

The Lao government’s long silence about Sombath’s whereabouts are increasing our concerns for his safety,” said Brad Adams, Asia director at Human Rights Watch.

“The authorities seem more focused on deflecting international criticism than genuinely investigating Sombath’s disappearance,” he said

There is strong evidence of the role of Laotian authorities into the disappearance of Sombath, a prominent 60-year-old social activist who received the Ramon Magsaysay Award for Community Leadership in 2005, more than two months ago, Human Rights Watch said.

He was last seen by his wife, Ng Shui Meng, on December 15 as they were driving separately back from his office to their home for dinner. Shiu Meng lost sight of Sombath’s jeep at around 6pm near the police post on Thadeua Road in Vientiane, and he never arrived home.

Security camera footage from the Municipality Police Station, obtained by Shui Meng, shows that Sombath’s jeep was stopped by police at the Thadeua police post at 6:03pm.

Sombath was then taken into the police post.

Later, a motorcyclist stopped at the police post and drove off with Sombath’s jeep, leaving his own motorcycle by the roadside. Another truck with flashing lights then came and stopped at the police post.

Two people got out of the truck took Sombath into the vehicle, and then drove off. “It’s been incredibly frustrating to not have more visibility into the progress of the investigation,” Daniel Baer, deputy assistant secretary for the State Department’s Bureau of Democracy, Human Rights, and Labour, told AFP by telephone from Vientiane after talks with the Lao vice foreign minister.

“I was assured that they are investigating – that’s what the vice minister told me – but I made sure that he understood that not having more information is not helpful,” Baer said, expressing disappointment that he was unable to meet any officials from the ministry of public security.

The campaigner won the 2005 Ramon Magsaysay Award for Community Leadership for his work in poverty reduction and sustainable development in a country that remains one of Southeast Asia’s poorest nations.

The secretive one-party communist state – which exerts total control over the media and does not tolerate criticism – has in recent years gradually given local civil society groups more room to operate.

But Sombath’s disappearance has sent jitters through the activist network.

“There’s no question that it’s had a chilling effect,” Baer said.

“For as long as the case remains unresolved and Sombath doesn’t come home to his wife, the international community as well as many people here who know and love him will continue to ask questions,” he added.

Laos: End Silence on ‘Disappeared’ Activist

Press release from Human Rights Watch

(Française)

(Việt)

Screen Shot 2013-02-20 at 9.39.28 AM(Bangkok, February 19, 2013) – Lao authorities have failed to provide information on leading social activist Sombath Somphone since his apparent enforced disappearance in December 2012, Human Rights Watch said today.

The Association of Southeast Asian Nations (ASEAN) and its human rights commission should intervene in the case with the Lao authorities, who have denied detaining Sombath, and who have not reported his fate or location, Human Rights Watch said.

“The Lao government’s long silence about Sombath Somphone’s whereabouts increase our concerns for his safety,” said Brad Adams, Asia director at Human Rights Watch. “The authorities seem more focused on deflecting international criticism than genuinely investigating Sombath’s disappearance.”

There is strong evidence that Sombath, a prominent 60-year-old social activist who received the Ramon Magsaysay Award for Community Leadership in 2005, was forcibly disappeared by Laotian authorities in Vientiane, the capital, more than two months ago, Human Rights Watch said. He was last seen by his wife, Ng Shui Meng, on December 15 as they were driving separately back from his office to their home for dinner. Shiu Meng lost sight of Sombath’s jeep at around 6 p.m. near the police post on Thadeua Road (KM 3) in Vientiane, and he never arrived home.

Security camera footage from the Municipality Police Station, obtained by Shui  Meng, shows that Sombath’s jeep was stopped by police at the Thadeua police post at 6:03 p.m. Sombath was then taken into the police post. Later, a motorcyclist stopped at the police post and drove off with Sombath’s jeep, leaving his own motorcycle by the roadside. Another truck with flashing lights then came and stopped at the police post. Two people got out of the truck, took Sombath into the vehicle, and then drove off.

On December 19, the Lao Ministry of Foreign Affairs issued a statement confirming the incidents as recorded on the security camera, but claimed he was kidnapped for personal or business reasons. Lao authorities have told Sombath’s family, foreign diplomats, United Nations agencies, and civil society groups across Asia that they have been investigating the case. But to date, they have provided no information on Sombath’s whereabouts, his fate, or who was responsible for his enforced disappearance, Human Rights Watch said.

“Lao authorities have not answered the simplest questions about this case, such as why, if Sombath was kidnapped, did the police at the scene do nothing to protect him,” Adams said. “The absence of any real investigation points to the government’s responsibility.”

Enforced disappearances are defined under international law as the arrest or detention of a person by state officials or their agents followed by a refusal to acknowledge the deprivation of liberty, or to reveal the fate or whereabouts of the person.

Enforced disappearances violate or threaten to violate a range of fundamental human rights protected under the International Covenant on Civil and Political Rights, to which Laos is a party, including prohibitions against arbitrary arrest and detention, torture and other cruel, inhuman or degrading treatment, and extrajudicial execution.

Laos is one of the first countries in Southeast Asia to sign the International Convention for the Protection of All Persons from Enforced Disappearance in September 2008. As a signatory, Laos is obligated under international law to refrain from acts that would defeat the object and purpose of the treaty.

Members of ASEAN, to which Laos belongs, should publicly raise their concerns about Sombath’s enforced disappearance, Human Rights Watch said. On February 19, Human Rights Watch sent a letter to the commissioners of the ASEAN Inter-governmental Commission on Human Rights (AICHR), calling for them to investigate the case. AICHR’s Terms of Reference provides the commission the right “to obtain information from ASEAN Member States on the promotion and protection of human rights.”

“Sombath’s disappearance is a major test for ASEAN and its human rights commission,” Adams said. “ASEAN’s silence in Sombath’s case reflects a deeply rooted lack of credibility in protecting the basic rights of people in Southeast Asia.”

The latest letter from Human Rights Watch to the Lao Government can be downloaded here.

For more Human Rights Watch reporting on Laos, please visit: http://www.hrw.org/en/asia/laos

US Presses Laos over Missing Activist

Agence France-Presse, February 19, 2013

A US rights envoy on Monday appealed to Laos for more information on a prominent activist missing for two months, saying the case was having a “chilling effect” on civil society groups.

Sombath Somphone, the 62-year-old founder of a non-governmental organisation campaigning for sustainable development, disappeared in Vientiane while driving home on December 15.

Sombath08 - people get into back door of JeepCCTV images showed him being taken away from a police post by two unidentified individuals.

“It’s been incredibly frustrating to not have more visibility into the progress of the investigation,” Daniel Baer, deputy assistant secretary for the State Department’s Bureau of Democracy, Human Rights, and Labor, told AFP by telephone from Vientiane after talks with the Lao vice foreign minister.

“I was assured that they are investigating — that’s what the vice minister told me — but I made sure that he understood that not having more information is not helpful,” Baer said, expressing disappointment that he was unable to meet any officials from the ministry of public security.

The Lao authorities have previously suggested Sombath might have been abducted over a personal dispute but said they had no information about his whereabouts.

The campaigner won the 2005 Ramon Magsaysay Award for Community Leadership for his work in poverty reduction and sustainable development in a country that remains one of Southeast Asia’s poorest nations.

The secretive one-party communist state — which exerts total control over the media and does not tolerate criticism — has in recent years gradually given local civil society groups more room to operate.

But Sombath’s disappearance has sent jitters through the activist network.

“There’s no question that it’s had a chilling effect,” Baer said.

“For as long as the case remains unresolved and Sombath doesn’t come home to his wife, the international community as well as many people here who know and love him will continue to ask questions,” he added.

Australian Foreign Minister expresses concern

Australian Foreign Minister Bob Carr today held talks with Deputy Prime Minister and
Foreign Minister Dr Thongloun Sisoulith of Laos, in Vientiane.  After the meeting, Bob Carr confirmed via Twitter that he had expressed concern about the case of Sombath Somphone during his meeting.

Screen Shot 2013-02-19 at 12.02.09 PM

 

84 concerned parties

Please-return-SombathFebruary 13, 2013

Minister of The Prime Minister’s Office
President of The National Assembly
Minister of Foreign Affairs
Minister of Public Security
Vientiane, Lao Peoples’ Democratic Republic

CC:

ASEAN Secretary General
ASEAN Intergovernmental Commission on Human Rights
EU Subcommittee on Human Rights

Re:       Status of investigation into the disappearance of Mr. Sombath Somphone

Dear Madams and Sirs:

We write to you once again with deepening urgency. It has now been almost two months since Mr. Sombath Somphone, founder and former Director of PADETC, was abducted from in front of a police post in Vientiane. Since that time, the Lao Government has claimed that authorities are seriously investigating the matter to arrive at the truth.

We note with great regret that to date, the Lao Government has provided virtually no meaningful updates about the investigation. On the contrary, reports from Vientiane indicate that false and slanderous rumours are being spread about why Mr. Sombath may have disappeared. Sombath Somphone is deeply respected both nationally and internationally for his integrity, honesty and service to his country. Suggestions of personal or business conflicts should be substantiated with credible evidence, or retracted and rejected. Such minimal standards of legal process are surely Mr Sombath’s due as a Lao citizen.

Mr. Sombath’s abduction and the lack of progress of the official investigation has received tremendous international attention and is tarnishing the reputation of the Lao PDR, placing the country’s international profile in serious jeopardy. As noted by the Lao Ambassador in Geneva, the Lao PDR is State party to seven core UN Human Rights Conventions and two Optional Protocols, and signatory to the Convention for the Protection of All Persons from Enforced Disappearance. A résolution adopted by the European Parliament on February 7 calls on Lao Authorities to “undertake prompt, transparent and thorough investigations, in accordance with their obligations under international human rights law, and to ensure the immediate and safe return of Sombath Somphone to his family;”

We once again urge the Lao Government to act in good faith, expedite its investigation into Mr. Sombath’s abduction, and provide his family with meaningful updates on the progress of the investigation.

Swift actions by the Lao Government on this matter and the safe return of Mr. Sombath will surely bring credit to the country.

Respectfully,

  1. Alec Bamford, Thailand
  2. All India Forum of Forest Movements, India
  3. AKSI, Indonesia
  4. Andrew Bartlett, United Kingdom
  5. Andrew Nette, Australia
  6. Angela Savage, Australia
  7. Anne-Sophie Gindroz, Indonesia
  8. Asian Forum for Human Rights and Development (FORUM-ASIA), Thailand
  9. Bank Information Centre, USA
  10. Bert Cacayan, Terres des homes Germany, Philippines
  11. Brett M. Ballard, USA
  12. Brian Angelo Lim, Singapore
  13. Bruce Shoemaker, USA
  14. Carl Middleton, Faculty of Political Science, Chulalongkorn University, Thailand
  15. Centre for Civil Society, University of KwaZulu-Natal, South Africa
  16. Centre for Environmental Justice/Friends of the Earth, Sri Lanka
  17. Centre for Human Rights and Development, Mongolia
  18. Centre for Sustainable Development (CENESTA), Iran
  19. Chanida Bamford, Thailand
  20. Chris Greacen, USA
  21. Chris Lang, Indonesia
  22. Cheng Shuling, China
  23. Dani Setiawan, Anti Debt Coalition (KAU), Indonesia
  24. Don Macleod, United Kingdom
  25. Ellen Agger, Canada
  26. Emma Glesen, New Zealand
  27. Femy Pinto, Philippines
  28. FIAN International, Germany
  29. Finnish NGO Platform KEPA, Finland
  30. Focus on the Global South, Thailand, India and Philippines
  31. Forest Peoples Programme, United Kingdom
  32. Fresh Eyes–People to People Travel, United Kingdom
  33. Gary Lee, Australia
  34. Global Witness, United Kingdom
  35. Grainne Ryder, Canada
  36. Herman Kumara Wijethunge, National Fisheries Solidarity Movement (NAFSO) Sri Lanka
  37. Hozue Hatae, Friends of the Earth Japan, Japan
  38. International Accountability Project, USA
  39. International Rivers, USA
  40. Jacquelyn Chagnon, USA
  41. Jenina Joy Chavez, Philippines
  42. Jeremy Ironside, New Zealand
  43. Jim Enright, Mangrove Action Project, Asia Regional Office, Thailand
  44. Joan Carling, Secretary General, Asia Indigenous Peoples Pact, Thailand
  45. Jon Ungphakorn, Thailand
  46. Jubilee South-Asia/Pacific Movement on Debt & Development, Philippines
  47. Karen Janigan, Canada
  48. Karin Downs, Mass. Dept. of Public Health, USA
  49. Keith Barney, Australian National University, Australia
  50. Ken Kampe, USA
  51. Kevin Kamp, USA
  52. Kenji Fukuda, Representative Director, Mekong Watch, Japan
  53. La Via Campesina, South Asia, India
  54. Lam Thi Thu Suu, Vietnam Rivers Network (VRN), Vietnam
  55. Laofang Bundidterdsakul, Lawyer, Thailand
  56. Lisa ter Woort, Canada
  57. Margie Law, Mekong Monitor, Australia
  58. Martin Lemenager, France
  59. Migrant Forum in Asia, Philippines
  60. Mueda Nawanat, Thailand
  61. Pakistan Fisherfolk Forum, Pakistan
  62. Peta Colebatch, Australia
  63. Peter Swift, USA
  64. Philip Hirsch, University of Sydney, Australia
  65. Pierre-Marc Blanchet, France
  66. Pieter Jansen, Both ENDS, Netherlands
  67. Randall Arnst, USA
  68. Randall Ireson, USA
  69. Rebeca Leonard, United Kingdom
  70. Re:Common, Italy
  71. Roger Henke, Netherlands
  72. Roger Rumpf, USA
  73. Rural Poor Institute for Land & Human Rights Services (RIGHTS), Inc., Philippines
  74. Sabrina Kathleen, USA
  75. Samuel Martin, France
  76. Theresa Wong, Singapore
  77. Tipakson Manpati, Thailand
  78. The Cornerhouse, United Kingdom
  79. The Peoples’ Coalition for Fisheries Justice (KIARA), Indonesia
  80. Towards Ecological Recovery & Regional Alliance (TERRA), Thailand
  81. Transnational Institute, Netherlands
  82. Walden Bello, Philippines
  83. Water Initiatives Odisha, India
  84. World Rainforest Movement, Uruguay

Asean Rights Body Must Show It Is Relevant

The Nation: 13 February 2013

Supalak Ganjanakhundee

The Asean Intergovernmental Commission on Human Rights (AICHR), whose second set of commissioners were recently sworn in, should address the disappearance of Laotian social activist Sombath Somphone to show it is a relevant organisation with the teeth to promote and protect the basic rights of people in this region.

Magsaysay Award-winner Sombath went missing on December 15 while driving back home from his office in Vientiane. Closed-circuit TV footage shows him being stopped by police at a checkpoint before being led away by a group of unknown men in a pickup truck.

A week after the disappearance, Laotian authorities issued a statement that failed to explain the situation or to commit themselves to any action, and which only showed their intention to distance themselves from the case.

In mid-January, Laotian Ambassador to Geneva Yong Chanthalangsay told the United Nations Human Rights Council there was no new information, and repeated speculation that a personal or business conflict may have been behind Sombath’s abduction.

That’s the only action the authorities in Vientiane have taken so far. They have shown no further intention to investigate the case. The incident appears to be in danger of fading from public attention.

Authorities around the world, including officials from the United States, the European Union and the United Nations, have expressed concern over Sombath’s disappearance and have appealed to the government in Vientiane to pursue a transparent investigation and to do everything in its power to ensure his safe return.

Lawmakers from some Asean countries visited Vientiane last month but returned without a clear answer about his fate. Continue reading “Asean Rights Body Must Show It Is Relevant”

Chinese media cover the case of Sombath

The China Southern Weekly has published a long article about the disappearance of Sombath Somphone, including reference to this website.  Based in Guangzhou, the outspoken Southern Weekly has faced its own difficulties in recent weeks (see here).

Screen Shot 2013-02-10 at 9.48.27 AMIntroduction:  “An effort to locate one woman’s missing husband has brought the Lao government unexpected international pressure, as the future of the country’s national image has been bound to Sombath Somphone’s disappearance and prospects for safe return. Analysts have even interpreted Sombath’s mysterious disappearance as a sign of the direction of political developments in the country. These international concerns are without doubt not good news a country which entered the WTO only two months ago.”

The entire article (in English and Chinese) can be downloaded here.

Resolution of the European Parliament

The case of Sombath Somphone was discussed at a plenary session of the European Parliament in Strasboug today (7th February 2013).  You can watch a video of the debate on YouTube.

The resolution was passed unanimously, with the following 9 points:

The European Parliament…

  • Expresses its deep concern about the disappearance, safety and well-being of Sombath Somphone;
  • Is concerned about the tardiness and lack of transparency of the investigation into the disappearance of Sombath Somphone; calls on the Lao authorities to undertake prompt, transparent and thorough investigations, in accordance with their obligations under international human rights law, and to ensure the immediate and safe return of Sombath Somphone to his family;
  • Calls on the HR/VP to closely monitor the Lao government’s investigations about the disappearance of Sombath Somphone;
  • Asks the Lao authorities to reaffirm publicly the legality and the legitimacy of the work for sustainable development and social justice, in order to counter the intimidation provoked by disappearances such as of Sombath Somphone;
  • Welcomes the visit of a group of ASEAN parliamentarians to Laos in January 2013 to seek information about Sombath Somphone and calls on the ASEAN Human Rights Commission to establish an inquiry Committee to investigate the events surrounding the enforced disappearance of Sombath Somphone;
  • Calls on the EU to put Laos among its priorities for the 22nd session of the United Nations Human Rights Council;
  • Stresses that the Lao authorities should take all necessary steps to end the practice of arbitrary arrests and secret detention; calls on the Lao authorities to make enforced disappearance a criminal offense and to ratify the International Convention for the Protection of All Persons from Enforced Disappearance; stresses that enforced disappearances are clear violations of basic human rights and fundamental freedoms;
  • Calls on the Government of Laos to respect the rights of expression and association, the rights of minorities and protect the right to freedom of religion or belief ending all restrictions on the exercise of this right, as recommended at the UN Universal Periodic Review on 21 September 2010;
  • Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the ASEAN Secretariat, the United Nations High Commissioner for Human Rights, the Secretary-General of the United Nations and the Government and Parliament of Laos.

The full text of the resolution can be seen here.

Fundraising for Sombath

A webpage has been created to raise funds to support the campaign to find Sombath Somphone.  Please contribute by visiting this page.

Donations will help pay for the following:Screen Shot 2013-02-07 at 10.19.47 AM

  •  a thorough and proper investigation of the case
  •  negotiations for Sombath’s return
  •  maintaining media attention (including printing campaign materials)
  •  rewards for information
  •  communication and organizational support