5th anniversary of Sombath Somphone disappearance

Prachathai: 07 December 2017

Five years after the abduction of the prominent, internationally acclaimed Lao development worker Sombath Somphone by Lao state agents, the Lao government has done very little to find the truth, experts said. Meanwhile, the enforced disappearance of Sombath has raised debates about the Lao government’s ambition to boost its economy through development projects, while it continues to suppress civil rights.

15 December 2017 marks five years since Sombath was last seen by his family. On 15 December 2012, CCTV at a police checkpoint in Vientiane recorded footage that shows that state agents abducted Sombath from the street. His jeep was stopped and then he was escorted into a truck. According to Shui Meng Ng, Sombath’s Singaporean wife, a witness later saw Sombath and his jeep in a police holding centre.

“Although five years have passed, every day I’m still haunted by the images of what happened to him,” said Shui Meng at a conference ‘Sombath Somphone 5 Years On’ held in Bangkok on 7 December 2017.

Shui Meng, who was the Deputy Representative for UNICEF in Laos between 2000 to 2004, said the Lao authorities have always denied responsibility and refused to give her any information. “For me, it’s almost like the response is one of denial, denial, denial until people are tired of the case. Then the case will be literally disappeared, and Sombath will be forever disappeared. But I keep saying I don’t care how long it will take. I will continue to ask, to struggle and to campaign for the return of Sombath. I see this as the need to have truth and justice. I cannot not have the truth.”

She added that the Lao police have summoned her through the Singaporean embassy several times.

“This signal is very clear; if somebody like Sombath can be disappeared, anyone can be disappeared,” said Sombath’s spouse. She said the enforced disappearance of Sombath created a climate of fear among civil society workers when even a non-violent, non-confrontational high-profile civil society worker like Sombath, who never intended to enter politics, can be disappeared, adding that the climate of fear among Lao civil society is still strong even after five years have passed.

Charles Santiago, a Malaysian MP and Chairperson of ASEAN Parliamentarians for Human Rights (APHR), said the enforced disappearance of Sombath is clearly a state-sanctioned action. As an APHR member, Santiago has made multiple visits to Laos since 2012 to inquire about Sombath’s disappearance, as well as the broader situation for civil society, but has never received a satisfactory answer from the Lao authorities.

Santiago said Sombath is one of the leaders of ASEAN — a leading civil society worker of ASEAN. However, ASEAN failed to speak out for Sombath and has always avoided the issue, claiming its non-interference principle. “In this way, our dictators get away with murders with no accountability.”

In 2005, Sombath was awarded the Magsaysay Award for Community Leadership because of “his hopeful efforts to promote sustainable development in Laos by training and motivating its young people to become a generation of leaders”.

Son of a poor farmer family, Sombath received a scholarship to study at the University of Hawaii where he received a bachelor’s degree in Education and a master’s degree in Agriculture.

Sombath returned to Lao after the establishment of the one-party socialist regime and the end of the Vietnam War. Sombath’s work is mainly in the field of sustainable agriculture and development and education.

A lower-middle income economy, Laos is one of the fastest growing economies in Asia Pacific, with GDP growth averaging 7.8 percent over the last decade, through the exploitation of the country’s natural resources, mostly water, minerals and forests, according to the World Bank. In 2011, Laos announced its ambition to be the battery of a power-hungry Southeast Asia. Currently, the landlocked country has 16 hydroelectric dams. The construction of dams has led to environmental problems and forced resettlement which has affected the livelihood of local people. Without an independent media and freedom of expression, campaigns and discussions related to developmental problems are highly restricted. But Sombath challenged the government narrative of development.

“It strikes me that indeed Sombath was putting forward a different narrative. He was putting forward the people’s narratives–an alternative narrative, a narrative of hope, a narrative of empowerment, a narrative of sustainability and challenging Laotians, especially the young people, that it’s their country and it’s their land and they have to take control of their lands and environment,” said the Malaysian MP.

Anne-Sophie Gindroz, former Lao Country Director of Helvetas and author of “Laos, the Silent Repression” said she decided to author the book after the disappearance of Sombath to tell the dark side of the country to the world, especially to donor countries and aid agencies.

“I believe the aid agencies can do more than engaging in developmental projects. They have to also promote changes in democracy. It’s also important that Lao civil society is also empowered,” said Gindroz, “I think there is a fine line between cooperation and complicity.

The EU Delegation to the Lao PDR…

…has not yet shared the European Parliament Resolution on Laos, either on their Facebook page or website.

If this is simply an oversight, it should be rectified as quickly as possible.

Excerpts include:

The European Parliament:

Strongly condemns the prison sentences against Somphone Phimmasone, Soukane Chaithad and Lod Thammavong, and calls for their immediate release;

Notes with concern that these verdicts add to a list of arrests and forced disappearances of activists and protesters who have expressed critical views on issues ranging from land disputes to allegations of corruption and abuse of power;

Reiterates its call on the Government of Laos to stop the harassment and arbitrary arrest and detention of human rights defenders, independent journalists and social activists, and to respect the rights of free expression and association and the rights of minorities; reminds Laos of its international obligations under the human rights treaties it has ratified;

Urges the Laotian Government to respect its international commitments and protect freedom of expression and peaceful assembly, and to ratify the International Convention for the Protection of All Persons from Enforced Disappearance which Laos signed in 2008;

Is gravely concerned at the widespread human rights abuses, including enforced disappearances and absence of fair trial; calls on the Lao authorities to meet their international human rights obligations by immediately accounting for the whereabouts of at least 10 missing individuals, including Sombath Somphone and Sompawn Khantisouk, and providing details of the charges brought and evidence produced against imprisoned activists;

The full resolution can be seen here.

UN Statement: Enforced Disappearances in Asia

ICJ: 11 September 2017

The ICJ today delivered an oral statement at the UN Human Rights Council, on the need for criminalisation and other effective measures against enforced disappearances in Asia.

The statement, which was delivered in an interactive dialogue with the Working Group on Enforced or Involuntary Disappearances, read as follows:

“Mr President,

The ICJ echoes the Working Group’s recommendation that States should criminalize all acts of enforced disappearance, including enforced disappearances of migrants, which should be punished by appropriate penalties, taking into account their extreme seriousness. Continue reading “UN Statement: Enforced Disappearances in Asia”

Renewed Focus on Lao Activist on International Day of Victims of Enforced Disappearances

RFA: 30 August 2017

A display to mark the International Day of the Victims of Enforced Disappearances in the Thai capital Bangkok, Dec. 30, 2017 (Note: The event was about enforced disappearance in Thailand, and did not address Sombath or Laos specifically.)

Supporters of Sombath Somphone renewed their focus on the missing rural development activist on Wednesday, using the International Day of the Victims of Enforced Disappearances to press Laos to solve the nearly five-year-old mystery of his disappearance.

Video footage show’s Sombath’s Jeep being stopped at a police checkpoint on the evening of Dec. 15, 2012. In the video Sombath is herded into a white truck and taken away, and a man dressed in white returns and drives off in his Jeep.

Soon after he was kidnapped, police promised to investigate, but Lao authorities soon backtracked, saying they could no longer confirm whether the man in the video footage was actually Sombath. Continue reading “Renewed Focus on Lao Activist on International Day of Victims of Enforced Disappearances”

There is no valid excuse not to ratify the Convention for the Protection of All Persons from Enforced Disappearance

OHCHR: 29 August 2017

(Note: The Lao PDR has twice promised to ratify this convention in its Universal Periodic Review, but it has not yet done so.)

At a time when enforced disappearance is practiced in every region, and in many countries is increasing, a group of UN human rights experts* urge all Member States to ratify the International Convention for the Protection of All Persons from Enforced Disappearance.

To mark the International Day of the Victims of Enforced Disappearances, the UN experts highlight: “It is inadmissible that in 2017, enforced disappearances continue to happen. Every day we receive new cases of persons subjected to enforced disappearances across the world. When this happens, the life of entire families breaks in pieces and the very fabric of the society is damaged. This needs to end, and by ratifying the Convention, States can start the path towards achieving this aim”.

“There is no valid excuse for this Convention not to become universally ratified,” said Suela Janina, Vice-Chair of the Committee on Enforced Disappearances. “Following the ratification, States should introduce new legislation and ensure its application in practice”. Continue reading “There is no valid excuse not to ratify the Convention for the Protection of All Persons from Enforced Disappearance”

International Day of the Victims of Enforced Disappearance

International Day of the Victims of Enforced Disappearance: Human Rights Defenders & the Disappeared Justice

Co-organized by: Cross Cultural Foundation (CrCF), Human Rights Lawyers Association (HRLA), the Esaan Land Reform, Amnesty International Thailand, and United Nations Human Rights Office of the High Commission South-East Asia Regional Office

In the absence of efficient mechanisms for the protection of human rights defenders in Thailand, the cases of enforced disappearances ought to be addressed fairly and immediately. We, the organizers, would like to take this opportunity to commemorate and commend those who fearlessly stood up and defended the rights of others, but are no longer with us. Their legacy and engagement will continue to inspire all of us.

On the occasion of International Day of the Victims of Enforced Disappearance, which falls on August 30 each year, we wish to reaffirm the significance of the government’s role in promoting and protecting the people’s human rights in compliance with the international standards. In order to find sustainable solutions, this event is also set to provide the possibility for collaboration among all sectors working with the issues on human rights

Time and Location

Wednesday, 30th of August 2017 at 13.00 – 17.00 h, the Student Christian Center, Phayathai Rd, Thanon Phetchaburi, Ratchathewi, Bangkok

13.00 – 13.30 Registration
13.30 – 13.45 Welcoming remarks by representative of the OHCHR
13.45 – 14.30 ‘Den Kamlae and Forensic Evidence in the Cases of Enforced Disappearance’ by Dr. Pornthip Rojanasunan and the community representative Oranuch Phonpinyo
14.30 – 15.00 ‘The Path of Prevention and Suppression of Torture and Enforced Disappearances Act B.E. …’ by representative of the Ministry of Justice
15.00 – 16.00 A panel discussion on the topic of ‘Enforced Disappearance:

It Happens Everywhere, and the Limited Prosecution Resources under Vague Legislations’ by representative of HRLA, Ankana Neelapaijit and Pinnapha Prueksapan
The Jurisdiction of the Department of Special Investigation and Cases of Enforced Disappearance by representative of the Department of Special Investigation
The Jurisdiction of the National Human Rights Commission of Thailand and Human Rights Defenders by Dr. Niran Pitakwatchara Commissioner of the 2nd batch of NHRC

16.00 – 16.30 Q & A
16.45 The organizers read the joint statement on the occasion of International Day of the Victims of Enforced Disappearance

NOTE: Thai-English translation will be provided throughout the event

Laos/Thailand: Investigate Abduction of Exiled Red Shirt Activist

…the Lao government has failed to make progress on at least 10 cases of enforced disappearance, including the case of prominent civil society activist Sombath Somphone—who was last seen being taken away from a police checkpoint in Vientiane on December 15, 2012.

HRW: 01 August 2017

(New York) – The Lao authorities should urgently investigate the abduction of an exiledThai activist Wuthipong Kachathamakul, also known as Ko Tee, Human Rights Watch said today. Eyewitnesses stated that a group of unknown armed assailants abducted him in Vientiane on July 29, 2017, raising grave concerns for his safety.

On July 29, at approximately 9:45 p.m., a group of 10 armed men dressed in black and wearing black balaclavas assaulted Wuthipong, his wife, and a friend as they were about to enter Wuthipong’s house in Vientiane according to multiple witnesses interviewed by Human Rights Watch. The assailants hit them, shocked them with stun guns, tied their hands with plastic handcuffs, covered their eyes, and gagged their mouths. Wuthipong was then put in a car and driven away to an unknown location while his wife and his friend were left at the scene. According to Wuthipong’s wife and his friend, the assailants were speaking among themselves in Thai. The incident was reported to Lao authorities in Vientiane. Continue reading “Laos/Thailand: Investigate Abduction of Exiled Red Shirt Activist”

Laos: No Progress on Rights

HRW: 17 July 2017

Australian officials should press the government of Laos to respect human rights at the Australian-Laos human rights dialogue, scheduled for July 18-19, 2017, in Vientiane, Human Rights Watch said today in a submission to the Australian government. Key areas of concern in Laos are freedom of speech, association, and assembly; enforced disappearances; abusive drug detention centers; and repression of minority religious groups.

“The Lao government’s suppression of political dissent and lack of accountability for abuses stand out in a human rights record that is dire in just about every respect,” said Elaine Pearson, Australia director at Human Rights Watch. “As a major development partner of Laos, Australia can and should press for greater respect for basic rights.”

Restrictions on civil and political rights in Laos include draconian controls over freedom of speech, association, and peaceful assembly. The lack of fair trials of criminal suspects, widespread judicial corruption, and entrenched impunity for human rights violations are continuing problems, Human Rights Watch said. Continue reading “Laos: No Progress on Rights”

Where is Somchai? 13 Years

Event marking 13 years since the disappearance of Somchai Neelapaijit. The Somchai Neelapaijit Award will also be announced.

11 March 2017: 9:00 AM to 12:45 PM

Pri Banomyong Institute, Thonglor, Bangkok, Thailand

EU must demand release ofdissidents, resolution of enforced disappearances

FIDH: 13 February 2017

The European Union (EU) must demand the Lao government release all political prisoners and make real progress towards solving all cases of enforced disappearances, FIDH and its member organization Lao Movement for Human Rights (LMHR) said today.

FIDH and LMHR made the call ahead of the 7th EU-Laos human rights dialogue, which is scheduled to be held in Vientiane on 16-17 February 2017. In conjunction with their call, the two organizations released a briefing paper that provides an update on the human rights situation in Laos since the previous dialogue, held in November 2015.

“After many fruitless rounds of human rights dialogues, the EU can no longer tolerate the Lao government’s deceptive tactics and its failure to uphold its human rights obligations. The EU must make it clear that the release of all dissidents and the transparent and thorough investigation of all cases of enforced disappearances, including Sombath Somphone’s, are conditions for the continuation of constructive bilateral relations, said FIDH President Dimitris Christopoulos.

In a break with previous years, in November 2016, the EU failed to raise the issue of the enforced disappearance of prominent Lao civil society leader Sombath Somphone in its statement released on the occasion of the annual round table meeting between the Lao government and development partners. In addition, Sombath’s name was not mentioned in the joint statement issued at the conclusion of the 6th dialogue on 6 November 2015. His case was vaguely referred to as “the disappearance.”

“The EU’s failure to even mention Sombath Somphone’s name in its interaction with the Lao government plays into Vientiane’s strategy of seeking to relegate Sombath’s case to oblivion. If the human rights dialogue is not accompanied by any strong message it will remain a hopeless exercise,” said LMHR President Vanida Thephsouvanh.

In their joint briefing paper, FIDH and LMHR make specific recommendations to the EU to demand Laos show tangible progress with regard to: the right to freedom of opinion and expression; arbitrary detentions; enforced disappearances; the death penalty; and electoral reform.

Since its first human rights dialogue with the EU in 2005, Laos has consistently ranked near the bottom of many international indexes and rankings compiled by independent organizations that measure respect for democratic principles and key civil and political rights.

Press contacts:

  • FIDH: Mr. Andrea Giorgetta (English) – Tel: +66886117722 (Bangkok)
  • FIDH: Ms. Audrey Couprie (French, English) – Tel: +33143551412 (Paris)
  • LMHR: Ms. Vanida Thephsouvanh (French, English, Lao) – Tel: +33160065706 (Paris)