The police have a new post where Sombath was taken. When can we expect a new (and authentic) investigation into his disappearance?
New police post…but same old story
What is…Enforced Disappearance in Lao PDR?
Briefing paper prepared by the International Commission of Jurists (ICJ)
Introduction
“The phenomenon of enforced disappearances […] is the worst of all violations of human rights. It is certainly a challenge to the very concept of human rights, denial of the right for humans to have an existence, an identity. Enforced disappearance transforms humans into non-beings. It is the ultimate corruption, abuse of power that allows those responsible to transform law and order into something ridiculous and to commit heinous crimes.” Niall MacDermot, Secretary General of the International Commission of Jurists (1970-1990) (1)
The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) defines “enforced disappearance” as:
The arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared.
Between 1994 and 2012, eight cases of reported enforced disappearance in Lao PDR were referred to the United Nations Working Group on Enforced or Involuntary Disappearances (WGEID) (2):
|
Year of alleged ED |
Year WGEID transmitted case to Government |
Names |
Status |
|
1993 |
1994 |
A leader of repatriation group |
Discontinued by WGEID in 2006 |
|
1999 |
2001 |
5 members of Lao student movement for democracy |
Clarified in 2005/2006 |
|
2009 |
2010 |
Ms. Kingkeo Phongsely (3) |
Outstanding |
|
2012 |
2012 |
Mr. Sombath Somphone |
Outstanding |
While eight cases have been referred to the WGEID, the actual number of enforced disappearances may be higher. There are many reasons why cases may not be reported to the WGEID, including fear of approaching the authorities and/or lack of knowledge of, or access to, the UN mechanisms.
Continue reading “What is…Enforced Disappearance in Lao PDR?”
Laos: Free former student leaders arbitrarily detained for 17 years
FIDH-OMCT & LMHR: 26 October 2016
The Lao government must immediately and unconditionally release two former pro-democracy student leaders who have been arbitrarily detained for 17 years and disclose the fate or whereabouts of two others, the Observatory for the Protection of Human Rights Defenders (a joint FIDH and OMCT partnership) and the Lao Movement for Human Rights (LMHR) said today.
Mr. Thongpaseuth Keuakoun and Mr. Sengaloun Phengphanh, two former student leaders with the Lao Students Movement for Democracy (LSMD), are believed to be detained in Samkhe prison, located on the eastern outskirts of Vientiane. Messrs. Thongpaseuth and Sengaloun were arrested in Vientiane on October 26, 1999, along with fellow LSMD members Mr. Bouavanh Chanhmanivong, Mr. Khamphouvieng Sisa-at, and Mr. Keochay, for planning peaceful demonstrations that called for democracy, social justice, and respect for human rights. All five were subsequently sentenced to 20 years in prison for “generating social turmoil and endangering national security.” Continue reading “Laos: Free former student leaders arbitrarily detained for 17 years”
Solidarity Statement from Gwangju Prize for Human Rights Laureates
The May 18th Memorial Foundation: 21 October 2016
We gat
hered in Kuala Lumpur over two days – 20-21 October 2016 – at the invitation of the May 18 Memorial Foundation, Bersih 2.0 and Suaram. Eleven countries were represented: Bangladesh, India, Indonesia, Laos, Malaysia, Nepal, Philippines, South Korea, Sri Lanka, Thailand and Timor Leste.
We listened to reports from representatives of civil society organizations from these countries and discussed them. We focused on the shrinking democratic space in South East Asia: A Critical Analysis and Call for Solidarity.
We learned of the threats on Maria Chin Abdullah, Chairperson of Bersih 2.0, Laureate of Gwangju Prize 2016. We learned also of the smearing of paint on her son’s car and other attempts to intimidate her, her family and her associates. Continue reading “Solidarity Statement from Gwangju Prize for Human Rights Laureates”
What is…Civil Society in Laos?
Briefing paper prepared by the Sombath Initiative
- Historically, the Lao PDR is a country of remarkable ethnic, linguistic and geographic diversity. Until recently, most communities, particularly in rural areas, were largely self- sustaining and locally-governed. A strong, traditional civil society still exists.
- Substantially supported through development aid, state-building is quickly replacing these traditional codes and customs. Most often, local populations have less understanding of, and reduced access to the newer, more centralised laws and mechanisms.
Mass organisations, including the National Front for Reconstruction, the Federation of Trade Unions, and the Women’s and Youth Unions, are often portrayed by the Lao government as civil society organisations, although they exist primarily to represent the state to the population. Non-Profit Associations (NPAs) are seen in a similar vein, as mechanisms to extend governmental agenda, policies and programmes.
What is…Freedom of Expression in the Lao PDR?
Briefing paper prepared by International Federation for Human Rights (FIDH)
Freedom of expression severely repressed
Lao authorities impose severe restrictions on the right to freedom of expression in the country. The state controls almost all media in Laos. Repressive laws prevent free expression and the circulation of opinions and information. In the rare instances where people have tried to express their opinions, authorities have cracked down on the public expression of government criticism.
Since 1997, Freedom House has rated Laos as ‘Not Free’ with regard to its press freedom. Reporters Without Borders (RSF) has consistently ranked Laos among the bottom 15 countries surveyed since the creation of its Press Freedom Index in 2002. Continue reading “What is…Freedom of Expression in the Lao PDR?”
“Most people are now too scared…”
“Before the
disappearance of Sombath, there was some optimism that civil society could be a force for change in Laos. Since his disappearance, such hopes have been virtually extinguished, since most people are now too scared to do anything that might rile the regime,”
Martin Steward-Fox in Laos: Reform or Revolution, The Diplomat, 28 September 2016
What are…Laos’ International Human Rights Obligations & Commitments?
Briefing paper prepared by Civil Rights Defenders (CRD)
The Lao People’s Democratic Republic (LPDR) has participated in the first two rounds of the Universal Periodic Review (UPR) of its human rights records, but its compliance and engagement with other UN human rights mechanisms has been very limited, despite its treaty obligations and UPR commitments. This low level of cooperation is particularly worrying given the lack of meaningful access to domestic remedies for human rights violations, which continue to take place with impunity.
Human Rights Treaties
Laos is state party to seven core international human rights treaties (and two optional protocols): (1)
- International Convention on the Elimination of All Forms of Racial Discrimination (CERD) (accession in 1974)
- Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (accession in 1981)
- Convention on the Rights of the Child (CRC) and its two Optional Protocols (CRC-OP-AC & CRC-OP-SC) (accession in 1991 & ratification in 2006)
- International Covenant on Economic, Social and Cultural Rights (ICESCR) (accession in 2007)
- Convention on the Rights of Persons with Disabilities (CRPD) (accession in 2009)
- International Covenant on Civil and Political Rights (ICCPR) (accession in 2009)
- Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT) (accession in 2012)
Continue reading “What are…Laos’ International Human Rights Obligations & Commitments?”
Singaporean wife of missing Laos man: ‘Time can never heal a wound like this’
Channel News Asia: 16 September 2016
Sombath Somphone’s high-profile disappearance in 2012 came into focus again during the ASEAN Summit in Vientiane. Although world leaders shied away from public mention of the Laotian civil society leader, his other half Ng Shui Meng vows to keep searching for her husband until her “dying day”.
For a moment, just one, Ng Shui Meng’s tough facade cracked as she appeared to contemplate giving up what has been an arduous four-year slog to locate her missing husband Sombath Somphone.
“You always break down. You always try and make sense of things. All kinds of thoughts come through your mind, like ‘Why don’t you jump off a cliff? Why do you bother to wake up?’” said the Singapore-born, Laos-based woman.
It was a departure from the otherwise calm, measured manner of the 69-year-old PhD-holder in sociology, who met with Channel NewsAsia in a muggy shophouse along Chanthabouly District in Vientiane. Continue reading “Singaporean wife of missing Laos man: ‘Time can never heal a wound like this’”
Mystery surrounds disappearance of Laos man after traffic stop
USA Today: 11 September 2016
The last time Ng Shui Meng saw her husband, he was driving his beloved vintage American jeep.
That was a December evening almost four years ago, after Sombath Somphone was stopped by traffic police. He never arrived home for dinner.
The disappearance of Sombath, 64, a prominent Lao activist who focused on rural development and reducing poverty, is a persistent reminder of human rights abuses by the communist government here. Continue reading “Mystery surrounds disappearance of Laos man after traffic stop”