AEPF Calls on EU and UK for action, not just words

The Lao government’s continued silence and obfuscation of the facts around Sombath’s enforced disappearance have subjected his family to six years of fear and uncertainty over his fate and whereabouts, which remain unknown to this day.

European development partners have committed approximately USD 550 million in support of the implementation of the Government’s 8th NSEDP (2016-2020). This represents over 30 percent of all the ODA received by the Lao Government to date. Nearly all of the European ODA is provided in grants.

…it would appear that the ODA support given by the EU and other donors continues and that formally there have not been moves to suspend or change the flow of ODA in spite of human rights abuses by the Lao PDR.

…as a member of the multi-lateral institutions, including The European Union, that are donors to Laos, The United Kingdom should actively engage in, and if necessary initiate, discussions to suspend the flow of ODA to the Lao PDR.

Excerpts from letter to the Rt. Hon. Mark Field, Member of UK Parliament, from Andy Rutherford, member of International Organising Committee, Asia Europe People’s Forum

“If he can disappear, you can too. Keep quiet.”

The second issue is the situation of civil society, again which I take as illustrative. In general, the government assumes that civil society is an extension of itself. In other words, it is there to implement its own policies. It is not there to provide any independent analysis. It is not there to stimulate reflection, discussion, consultation, participation.

And the result is that there is actually an extraordinary amount of fear throughout the society, in terms of free expression.

But this is something of a paradox that I want to mention. It is true from what I know that large numbers of people are not prosecuted for political crimes. They are not imprisoned, they are not tortured, and this is impressive.

What explains it, however, as far as I can tell, is that the government builds upon the particularities of the Lao personality, the Lao culture, and uses very particular examples to send a message that resonates widely through the society.

So you pick on a particular civil society leader, and you disappear him, and you say no more. The message is loud and clear. This man, Somphone, was preaching a very, I shouldn’t say it…now because he was clearly a very inspirational character, but a revolutionary, he certainly wasn’t. An anti-government man, he wasn’t, but a man who wanted to encourage consultations in accordance with Buddhist and other local traditions, he was.

So the message was, if he can disappear, you can too. Keep quiet.

From the press conference of the Special Rapporteur on Extreme Poverty and Human Rights, Phillip Alston, in Vientiane, 28 March 2019. Video of the full conference can be seen here, and the report and other materials are available here.

Bertelsmann-Stiftung’s 2018 Report

BertelsmannStiftung Foundation: 2018

Bertelsmann Stiftung-logo… two weeks later another AEPF organizer, Sombath Somphone, disappeared after being stopped at a police checkpoint on a busy Vientiane road. Although the government pleaded that it was investigating Sombath’s disappearance, its failure to make any progress over the following years intensified speculation that he had been silenced due to his advocacy work. After these incidents, government leaders targeted civil society in speeches and, in 2014, introduced guidelines to tighten the regulation of international NGOs.

From the 2018 Bertelsmann-Stiflung’s Laos Country Report.  Laos was ranked 106th out of 129 countries on the foundation’s Transformation Index

“Paucity of Relevant Information”

[The UN Human Rights Committee] …regrets the paucity of relevant information provided by the State party regarding the measures taken, and the progress achieved, in investigating the enforced disappearance of civil society leader Sombath Somphone…

[The Lao PDR should] Step up efforts to conduct a thorough, credible, impartial and transparent investigation into the enforced disappearance of Sombath Somphone, and in all other cases of alleged enforced disappearances…

From UN Human Rights Committee Concluding observations on the initial report of Lao People’s Democratic Republic,” 26 July 2018.

“They have taken little or no action”

Enforced disappearances continue to be reported and there has been no progress in investigations or prosecutions. While the Lao PDR has accepted recommendations to investigate the enforced disappearance of leading civil society member Sombath Somphone, who was not been seen since being stopped by traffic police and taken away in a pick-up truck in Laos in December 20127, they have taken little to no action. No steps have been taken to review new evidence in the form of video footage provided by his family. The Government has also failed to establish the fate or whereabouts of other alleged enforced disappearances, including that of Kha Yang, a Lao ethnic Hmong arrested after his forced return from Thailand in 2011, and of Sompawn Khantisouk, an entrepreneur who was active on conservation issues and abducted in 2007 by men believed to be police.

From Amnesty International’s submission to the UN Human Rights Committee for consideration in its 123rd session.

“The Lao Government…is still seriously conducting the investigation”

31. The missing of Sombath Somphone is an unexpected incident for the Lao government as it happened after the Lao PDR successfully hosted the 9th ASEM in Vientiane in November 2012.

32. His missing is of concern to the Lao Government like the missing of any Lao citizen. Immediately after the missing happened the Lao Government established an investigation committee within the Ministry of Public Security to conduct investigation into the missing incident. From day one of its work the committee sent notice to all police headquarters across the county to find any clue which may be related to the incident. Furthermore, the investigation committee sent out notice to Interpol and ASEANAPOL for them to have looks for any information which may be related to the case. The Investigation Committee has always been open to views or suggestions to help the investigation and Committee is ready to receive suggestions from any interested parties with regard to the investigation which is still ongoing to the present time. It is the duty of the Lao government to find out the truth and bring perpetrators to justice in accordance with the law of the Lao PDR which has signed the Convention on Protection of All Persons from Enforced Disappearance.

33. The Lao Government would like to reaffirm that the investigation committee is still seriously conducting the investigation. The investigation committee in the past made briefing to the Medias and all interested parties on the progress of the investigation and most recently the chief of the investigation committee met with foreign ambassadors and his wife whom the committee informed of the investigation. In addition, the Lao PDR accepted a number of recommendations under the UPR which are relating to the missing case.

From Lao Government’s response to Letter of Issues submitted by the UN Human Rights Council (CCPR). The full letter and response can be download here.

Final Declaration 9th Asia-Europe People’s Forum

This event is without a doubt the largest civil society event ever organized in the Lao PDR and regarded as the most successful AEPF to date. On that note, we Lao NPAs and iNGO civil society organizing partners of the AEPF9 are proud to share the AEPF9 Final Statement and look forward to cooperating with you in related follow up actions.

From the Final Declaration 9th Asia-Europe People’s Forum held in Vientiane, Lao PDR on 16-19 October, 2012.

Reflections on Lao Civil Society

The decree [115/PM] reflects the view of the Lao government that civil society has a role to play in the country’s development, but civil society should play this role under the government’s control and in line with government policies and goals.

…The government accepts that CSOs have a role in service delivery in close collaboration with the state. The presence of CSOs on the ground is recognized, and the government expects efficient and inclusive service delivery, but also the downward accountability of CSOs.

…Donors (both INGOs and bilateral donors) expect Lao civil society to take up a broader and more diversified role beyond service delivery. Their general rationale for supporting civil society is the need for an improvement in governance and the promotion of a plurality of voices in Lao society.

…Cases of threat and harassment also happened to a number of other activists. People were put into insecurity and fear and Lao civil society in effect relapsed to an even worse state than prior to AEPF. The trust between government and civil society receded.

…In the past two years, the government has enforced more restriction and control on the participation of civil society in Round Table Meetings and other venues. The registration of non- profit associations (NPAs) has been more difficult with a very few new successful registrations since.

…Meanwhile, the AEPF incidents have left Lao civil society in trauma. Critical CSOs emerging during the period leading to the AEPF have either closed down or significantly diluted their work. Civil society workers now feel insecure when they speak of issues that differ from or critical of the government.

Excerpts from “Reflections on Lao Civil Society,” KEPA, March, 2015.

Monks and young people

Monk’s chanting is not very interesting to the young people. But at the same time the young monks are very active and they want to do something. So I think linking these dynamic monks with young people is important so that the young people can learn about cultural and spiritual aspects though actually doing the work.

Sombath Somphone, Towards Global Transformation: Making Change Happen, at the 3rd International Conference on Gross National Happiness, November 2007, Chulalongkorn University, Bangkok, Thailand.