Open Letter to ASEAN Foreign Ministers on the importance of establishing a genuine regional human rights mechanism

ASEAN Parliamentarians for Human Rights: 22 January 2015

We would also seek to draw your attention to the dangers facing human rights defenders and civil society actors all across Southeast Asia, highlighted by the enforced disappearance of Lao civil society leader Sombath Somphone in December 2012, and the subsequent failure of the Lao PDR to properly investigate it…

ASEANWe, as current and former elected representatives in ASEAN member states would like to convey our input to the ASEAN Foreign Ministers’ Retreat, contributing our suggestions for agenda setting for 2015 and warning of the dangers of overlooking the importance of ensuring the growth of a genuine regional human rights mechanism.

The ASEAN Foreign Ministers’ Retreat is taking place in Sabah, Malaysia, 27-28 January 2015.

Firstly, we wish to call to attention the need for immediate and urgent action on one of the gravest human rights concerns facing our region and the world today: the ethnic cleansing of the Rohingya minority in Myanmar which is becoming a strain and a stain on the entire region.

We would also seek to draw your attention to the dangers facing human rights defenders and civil society actors all across Southeast Asia, highlighted by the enforced disappearance of Lao civil society leader Sombath Somphone in December 2012, and the subsequent failure of the Lao PDR to properly investigate it, as well as the serious regional implications of ASEAN’s failure to stand up to the overthrow of a democratically elected government in Thailand and subsequent assault on human rights by the military regime there. At minimum, these issues, and potential solutions to them, should be discussed during the ASEAN Foreign Minister’s Retreat in Sabah. Continue reading “Open Letter to ASEAN Foreign Ministers on the importance of establishing a genuine regional human rights mechanism”

Lao authorities ask for suggestions…while ignoring those made previously

In his recent remarks at the Universal Periodic Review, Phongsavath Boupha, the Chairman for the Lao National Steering Committee on Human Rights, said:

“…the investigation committee has always been open to views and suggestions, and is ready too receive suggestions from any interested parties…”

If authorities are sincerely seeking suggestions, they might begin with these from Canada, the European Union, the United States, and UN Special Rapporteurs made last month on the two-year mark since Sombath’s disappearance.

On this same occasion, suggestions were also made by Amnesty International, the Magsaysay Foundation, the Center for Strategic and International Studies, and 82 International Rights Groups.

In addition, the International Commission of Jurists released a report with specific suggestions through which Lao authorities might “…fulfill their obligations under international law.”

More recently, a number of suggestions were offered by Human Rights Watch and the International Federation for Human Rights.

Scores of additional appeals, statements and suggestions from the above and many other concerned governments, organisations  and individuals can be found here.

More comments and recommendations have been made during the Universal Periodic Review itself. If Lao authorities are truly “…ready too receive suggestions from any interested parties…”, will they work to ensure these are included in the Outcome Report?

Finally, Mr. Boupha suggests that Lao authorities “…cooperated sincerely with [Sombath’s] wife and relatives, allowed them to view and record the footage.”

What better way to demonstrate their sincerity and seriousness than to simply release the original recording, a suggestion that has been made dozens of times?

Wife of Missing Lao Civil Society Leader Laments Lack of Progress in Case

Radio Free Asia: 20 January 2015

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Ng Shui-Meng, wife of Sombath Somphone, talks about her husband’s disappearance at a press conference in Bangkok, Dec. 11, 2014. RFA

The Lao government’s response at a United Nations human rights review to concerns over its efforts to find a missing prominent civil society leader demonstrates the need for authorities to accept international assistance and establish an independent commission to investigate his case, his wife said Tuesday.

Ng Shui-Meng, the wife of Sombath Somphone, said a delegation from Laos offered no new information about her husband more than two years after his disappearance while speaking about his case during a Universal Periodic Review (UPR) at the United Nations Human Rights Council (UNHCR) in Geneva, Switzerland.

“[The Lao government] continues to state that the investigation is continuing, but it has been over two years and there has been no progress,” she told RFA’s Lao Service following the UPR, which involves a comprehensive review of the human rights record of all U.N. member countries every four years. Continue reading “Wife of Missing Lao Civil Society Leader Laments Lack of Progress in Case”

Campaigners call for Laos to answer for 'disappeared'

World Bulletin: 20 January 2015

 A group of Thai and Lao activists rally in Bangkok in January to pressure Lao authorities to speed up their probe into the disappearance of Sombath Somphone. CHANAT KATANYU

NGOs say Laos must investigate enforced disappearances.

World Bulletin/News Desk

More than a hundred rights groups Tuesday called on UN members to highlight the case of Laotian civil society leader Sombath Somphone, missing for two years.

Somphone, a well-known figure involved in rural development, has not been seen since he was arrested by police in the capital Vientiane on Dec, 15, 2012.

A statement from 145 NGOs, under the umbrella of the Sombath Initiative, called on the members of the UN’s Human Rights Council in Geneva “resolutely address” the disappearance.

It added: “Enforced disappearance is a horrible crime, one of a few recognized internationally as unjustifiable under any circumstances.”

Laos is to appear before the council Tuesday.

Angkhana Neelaphaijit, an adviser to the Sombath Initiative, told The Anadolu Agency Tuesday: “The Lao delegation to Geneva says [Sombath’s disappearance] is an internal problem and that Lao authorities are investigating.

“But the CCTV evidence has disappeared and, from what I know, they are not continuing the investigation.”

After footage of Somphone’s arrest at a police checkpoint emerged, Laos refused assistance to enhance the quality of the images and the film has now apparently vanished. Continue reading “Campaigners call for Laos to answer for 'disappeared'”

145 groups: Make Enforced Disappearance of Sombath Somphone Central to Lao UPR!

The Sombath Initiative:Logo-Sombath Initiative 20 January 2015

We, the undersigned, request you to resolutely address the disappearance of Sombath Somphone at the upcoming Universal Periodic Review for the Lao PDR on January 20, 2015.

Enforced disappearance is a horrible crime, one of a few internationally recognized as unjustifiable under any circumstances.[1]

It is a crime not only against the victim. It is equally a crime against the victim’s family, who are left with no rationale, resolution or means of recourse, and are vulnerable to intimidation and reprisals. For similar reasons, it is also a crime against wider society and, if part of a widespread or systematic attack against any civilian population, a crime against humanity.

Sombath Somphone is widely known for a lifetime of innovative work and remarkable achievements in sustainable agriculture, community and alternative development, public participation, and youth education. He has received accolades from many sources, including the Ramon Magsaysay Award for Community Leadership in 2005.

It is because of this recognition and respect that his disappearance has brought such a significant and sustained outpouring of concern from across the globe.[2] Continue reading “145 groups: Make Enforced Disappearance of Sombath Somphone Central to Lao UPR!”

Laos: Pledge Action on Rights, Stop ‘Disappearances’

Human Rights Watch: 19 December 2015

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Sombath Somphone, a social activist, was last seen in Vientiane, the capital, in December 2012. There is strong evidence that he was forcibly disappeared by Laotian authorities. © 2013 Stephen Sautter

The government of Laos should use the United Nations Human Rights Council review of its record to pledge concrete measures to address its pervasive human rights problems.

Laos will appear for the country’s second Universal Periodic Review on January 20, 2015, at the UN Human Rights Council in Geneva.

In a June 2014 submission to the council, Human Rights Watch raised concerns about the enforced disappearance of civil society leader Sombath Somphone, severe restrictions on fundamental freedoms to expression and assembly, the denial of labor rights, and abusive drug detention centers.

“The lack of progress in the disappearance of a leading activist is sadly emblematic of the Lao government’s failure take action on a wide range of serious human rights problems,” said Philippe Dam, acting Geneva advocacy director at Human Rights Watch. “UN member countries should make clear their dissatisfaction with Laos’ inaction and insist upon genuine reform.” Continue reading “Laos: Pledge Action on Rights, Stop ‘Disappearances’”

Laos: Government’s failure to live up to its UPR commitments calls for more international pressure

International Federation for Human Rights & Lao Movement for Human Rights: 19 January 2015

ພາສາລາວ

LMHR-LogoThe Lao government’s clear and undeniable failure to live up to its human rights commitments calls for more political pressure by the international community, FIDH and its member organization, the Lao Movement for Human Rights (LMHR), said today. The two organizations made the call ahead of the second Universal Periodic Review (UPR) of Laos, which will take place on 20 January in Geneva.

“Pouring increasing amounts of aid into Laos while remaining silent on the serious human rights violations taking place in the country just hasn’t worked,” said FIDH President Karim Lahidji. “It’s time for the international community to start applying real political pressure on the government to ensure it addresses human rights issues and undertakes genuine legislative and institutional reforms.”

FIDH-LogoLaos accepted 115 of the 145 recommendations made by other countries at its first UPR in May 2010. Despite committing to ratifying or acceding to five key international human rights instruments, Laos has become a party to only one of them – the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Six years after its signature, Laos has not yet ratified the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). In addition, the government has failed to adequately investigate most cases of enforced disappearances. This includes the failure to investigate the disappearance of prominent civil society leader and human rights defender Sombath Somphone on 15 December 2012 in Vientiane.

Laos also pledged cooperation with UN human rights mechanisms. However, in the past five years, the government has neither issued any standing invitation for missions to Laos nor allowed any official visit to the country by the UN special procedures. In addition, five reports to main UN treaty bodies are overdue – one of them by nearly six years.

In stark contrast to its UPR pledges to make progress toward combating trafficking in persons and ensuring the enjoyment of the rights to freedom of expression, freedom of association, and freedom of religion, key indicators point to a lack of improvement in the situation in these areas.

After placing Laos on its ‘Tier 2’ for three consecutive years, in 2014 the US State Department downgraded the country to the “Tier 2 watch list” (the second-lowest tier) for the government’s failure to fully comply with the minimum standards for the elimination of human trafficking.

Laos ranked 168th out of 178 countries surveyed by Reporters Sans Frontières (RSF) in its 2010 Press Freedom Index. In the 2014 Index, it ranked 171th out of 180.

Freedom House has consistently rated the Laos as ‘not free’ in its annual global survey on political rights and civil liberties. Recently-enacted legislation adds to a body of repressive laws that severely restrict the people’s enjoyment of their civil and political rights. Decree 327, adopted on 16 September 2014, contains excessively broad and vaguely-worded provisions that effectively criminalize any online criticism of the government and fall well below international standards on the right to freedom of expression. In addition, the disappearance of Sombath has had a ‘chilling effect’ on civil society in the country. Local organizations are unwilling to speak out against human right violations and to carry out activities for the protection and promotion of human rights because they are afraid of reprisal from the authorities.

The US Commission on International Religious Freedom (USCIRF) has placed Laos on its “watch list” (Tier 2) since 2009. In its 2014 annual report, the USCIRF stated that serious religious freedom abuses continued, particularly in ethnic minority areas, and restrictive laws remained in place.

With regard to land rights, in their joint submission for the UPR, FIDH and LMHR detailed the serious and far-reaching human rights implications of large-scale land leases and concessions granted by the government in recent years. The two organizations also documented the government’s repression of land and environmental rights defenders who worked with communities affected by land concessions and advocated for a more sustainable and all-inclusive form of socio-economic development.

“The Lao government has said that the UPR is the only legitimate process to address human rights at the international level,” said LMHR President Vanida Thepsouvanh.“Regrettably, the government has virtually ignored most of the recommendations it accepted at its first UPR almost five years ago.”

Press contacts
FIDH: Mr. Andrea Giorgetta (English) – Tel: +66 88 611 7722 (Bangkok)
FIDH: Mr. Arthur Manet (French, English, Spanish) – Tel: +33 6 72 28 42 94 (Paris)
FIDH: Ms. Audrey Couprie (French, English, Spanish) – Tel: +33 6 48 05 91 57 (Paris)

Universal Periodic Review: Accepted recommendations from the first cycle

UN LogoBelow are some of the recommendations made during the first cycle of the Universal Periodic Review in 2010 that were accepted:

  • Continue its recent efforts in the area of the ratification of important human rights conventions, and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accede to the Convention against Torture
  • Ratify the International Convention for the Protection of All Persons from Enforced Disappearance
  • Involve civil society, including human rights non-governmental organizations, in the follow-up to this review
  • Allow media and civil society organizations to undertake education, advocacy, monitoring and reporting on human rights issues
  • Develop a national human rights plan of action to improve awareness of the conventions to which the Lao People’s Democratic Republic is a party, and encourage civil society engagement on human rights issues
  • Remove all Internet monitoring and control facilities restricting the use of the Internet
  • Allow privately owned media outlets to be established

A full listing of the recommendations is available here.

Laos Accused of Paying Lip Service to UN Human Rights Conventions

Radio Free Asia: 08 January 2015

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A 2005 photo of Sombath Somphone in the Philippines. AFP/Sombath Family

Authorities in Laos are paying lip service to U.N. human rights conventions the government has signed up to, civil society groups charged ahead of the next U.N. review of the country’s rights record.

They called on the United Nations to have a mechanism to follow up with the Lao authoritarian government over its implementation of recommendations made during previous UPR processes.

The United Nations Human Rights Council (UNHCR) will examine Laos’ rights record at a UPR meeting on Jan. 20 in Geneva, Switzerland.

The UPR involves a comprehensive review of the human rights record of all U.N. member countries every four years.

“The most important thing is that the UNHRC has to investigate whether the government has defined the terms of the UN human rights conventions in the country’s constitutution, and whether the country’s laws match the terms of the rights conventions,” a civil society official in Laos involved in the UPR process told RFA’s Lao Service. Continue reading “Laos Accused of Paying Lip Service to UN Human Rights Conventions”

Universal Periodic Review: Lao human rights under scrutiny

UN LogoThe Lao PDR is scheduled for the second Universal Periodic Review of its human rights record on 20 January 2015. In preparation for this event, many organisations from civil society, the United Nations and the Lao government have submitted reports.

Nearly all of the submissions from stakeholders not subject to Lao government control raise the disappearance of Sombath Somphone, many emphatically. These include:

The United Nations, and specifically the UN Lao Country Report, also raise concerns about Sombath’s disappearance, despite reported pressure from the Lao government to exclude any such reference.

In its report, the Lao government, which has repeatedly claimed it is more concerned than anybody else, ignores the issue entirely.