New Guard, Old Problems: What Sombath Somphone’s Continued Disappearance Says About Rights in Laos

The Diplomat: 13 December 2017

The development suggests that more of the same is at work in this realm in the Southeast Asian state.

Five years after Lao activist Sombath Somphone disappeared after being snatched off the streets of Vientiane by police, rights concerns in the tiny, landlocked Southeast Asian state still remain significant and unresolved.

Last year’s change in government, with a new prime minister in charge of the one-party state, had also raised hopes that this type of atrocious and anachronistic behavior might finally have come to an end with Thongloun Sisoulith touted as a more moderate leader.

But those hopes are proving about as realistic as finding Somphone alive.

Perhaps even more disappointing, as noted by Human Rights Watch, is that while donor support for the development of Lao civil society organizations has increased significantly, so too have government restrictions.

Continue reading “New Guard, Old Problems: What Sombath Somphone’s Continued Disappearance Says About Rights in Laos”

Will Donors Remember?

As donors, diplomats and development partners gather for this year’s Roundtable Implementation Meeting in Pakse, will they take time to consider those who were arrested or disappeared in this same city in November 2000 and October 2001, simply for expressing their views?

Will they recall the students who met similar fates earlier in Vientiane in October, 1999?

Will they remember Sombath Somphone or Sompawn Khantisouk, who have been enforcibly disappeared, or their families, who continue to suffer without knowing the fate or alleged wrongdoing of their loved ones? Continue reading “Will Donors Remember?”

A book on “Silent Repression in Laos”, five years after activist disappeared

Justiceinfo.net: 16 November 2017

Sombath Somphone, Laotian activist disappeared in 2012, with Desomond Tutu ©Prachatai

Download the complete book: “Laos, the Silent Repression” in pdf

Anne-Sophie Gindroz, an aid worker who was expelled by the Communist government of Laos in late 2012, has just written a book on her experience in that country. “Laos, the silent repression” (see attachment download above) comes five years after the disappearance of Laotian activist Sombath Somphone. The Laotian government has still not provided any information on his fate, despite international pressure.

Gindroz worked for the Swiss NGO Helvetas in Laos for three years. Shortly before her expulsion, she had been a member of the organizing committee of the Asia-Europe People Forum, a forum of civil society organizations which took place in the Laotian capital Vientiane to coincide with an Asia-Europe summit of heads of State and government. A week after her expulsion, Sombath Somphone was arrested by the Laotian police. He was founder of the Laotian NGO Participatory Development Training Center (PADETC), which works for education in rural areas, and was also on the organizing committee of the People Forum. He has not been heard of since. Author Anne-Sophie Gindroz spoke to Justice Info. Continue reading “A book on “Silent Repression in Laos”, five years after activist disappeared”

Laos ranks 170 out of 180 in press freedom

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170

out of

180

Laos’ ranking in Reporters Without Borders‘ 2017 “World Press Freedom Index”

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Note: This is another in a series of posts on “Laos by the numbers.”

Feedback and suggestions are welcome.

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Reporters without Borders ranks the Lao PDR almost at the bottom of its World Press Freedom Index, with a score of 66.41. Norway ranks at the top of the list with 7.60, and North Korea at the bottom with 84.98.

The criteria evaluated in the questionnaire are pluralism, media independence, media environment and self-censorship, legislative framework, transparency, and the quality of the infrastructure that supports the production of news and information.

In 2016, Laos’ ranking was 173rd, and its score 71.58. When the index was first compiled in 2002, its score was 89.00. This rose to 92.00 in 2009 and has been gradually decreasing since then.

Vietnam and China’s ranks (and scores) are somewhat lower at 175th (73.96) and 176th (77.66) respectively. Thailand ranks at 142nd (44.69), Cambodia at 132nd (42.07) and Myanmar at 131st (41.82). Southeast Asia’s highest ranking goes to Indonesia at 124th (39.93),

Reporters without Borders gives the following description of press freedom in Laos:

The Lao Peoples Revolutionary Party (LPRP) exercises absolute control over the media. Increasingly aware of the restrictions imposed on the official media and their self-censorship, Laotians are turning to social media. However, the boom in online news and information platforms is threatened by a 2014 decree under which Internet users who criticize the government and the Marxist-Leninist LPRP can be jailed. Only three of the 40 or so TV channels are privately-owned, which falls far short of addressing the lack of media pluralism in Laos. A decree by the Prime Minister that took effect in January 2016 allows foreign media to set up office in Laos on condition that they submit their content to LPRP censorship.

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Lao Land Protest Villagers Held in Failing Health

Radio Free Asia: 02 November 2017

Two Yeub village residents arrested for cutting down rubber trees are shown in a file photo.

Fourteen villagers in Laos’s Sekong province jailed since July for cutting down rubber trees on farm land claimed by a Vietnamese company are being held incommunicado, with some in failing health, sources say.

Speaking to RFA’s Lao Service, a relative of one of those held said that the villagers have been refused visits from their families since Oct. 2, when he was last able to see them.

Some of the jailed villagers may be suffering from illness or malnutrition, RFA’s source said, speaking on condition of anonymity. Continue reading “Lao Land Protest Villagers Held in Failing Health”

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.

Resolution of the European Parliament (2)

European Parliament: 14 September 2017

P8_TA-PROV(2017)0350

Laos, notably the cases of Somphone Phimmasone, Lod Thammavong and Soukane Chaithad

European Parliament resolution of 14 September 2017 on Laos, notably the cases of Somphone Phimmasone, Lod Thammavong and Soukane Chaithad (2017/2831(RSP))

The European Parliament,

  • having regard to its previous resolutions on Laos,
  • having regard to the outcome of the 8th meeting of the European Union-Lao PDR Joint Committee held in Vientiane on 17 February 2017,
  • having regard to the statement by the Delegation of the European Union to the Lao PDR made in Vientiane on the World Freedom of the Press Day, 3 May 2017,
  • having regard to the UN Declaration on Human Rights Defenders of 1998,
  • having regard to the Universal Declaration of Human Rights of 10 December 1948,
  • having regard to the International Covenant on Civil and Political Rights of 1966,
  • having regard to the Cooperation Agreement between the EU and the Lao People’s Democratic Republic of 1 December 1997,
  • having regard to the ASEAN Charter,
  • having regard to Rules 135(5) and 123(4) of its Rules of Procedure,

A.  whereas in March 2017 three Lao workers, Mr Somphone Phimmasone, Mr Soukane Chaithad and Ms Lod Thammavong, were sentenced to prison terms of between 12 and 20 years and the equivalent of tens of thousands of euros in fines for criticising the government on social media in relation to alleged corruption, deforestation, and human rights violations, while working in Thailand; whereas the three also stood accused of participating in an anti-government demonstration outside the Lao Embassy in Thailand in December 2015; Continue reading “Resolution of the European Parliament (2)”

UN body says detention of government critics is “arbitrary” and urges their release

FIDH: 07 September 2017

FIDH – International Federation for Human Rights and its member organization for Laos Lao Movement for Human Rights (LMHR)

A United Nations (UN) body has demanded that Lao authorities immediately and unconditionally release three government critics who were recently sentenced to lengthy prison terms, according to information received by FIDH.

“The UN opinion that declares the detention of the three peaceful government critics arbitrary certifies that Laos has zero respect for its international human rights obligations. The Lao government should take note that it can no longer hide its repressive actions from the international community and immediately release all dissidents,” said FIDH President Dimitris Christopoulos.

Continue reading “UN body says detention of government critics is “arbitrary” and urges their release”

Laos also near bottom of the Economist’s “Democracy Index”

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151

out of

167

Laos’ ranking in the Economist Intelligence Unit’s 2016 “Democracy Index”

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Note: This is the  second in a series of posts on “Laos by the numbers.”

Feedback and suggestions are welcome.

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The Lao PDR ranks 151st out of 167 on the Economist Intelligence Unit’s “Democracy Index” for 2016. The index compiles 60 indicators grouped into five categories, with a score of between 0 and 10 for each category:

  • 8.00 to 10.00 = Full Democracy
  • 6.00 to 8.00 = Flawed Democracy
  • 4.00 to 6.00 = Hybrid Regime
  • 0.00 to 4.00 = Authoritarian Regime

The Lao PDR’s overall score of 2.37 puts Laos firmly in the category of Authoritarian Regime:

Authoritarian regimes are nations where political pluralism has vanished or is extremely limited. These nations are often absolute dictatorships, may have some conventional institutions of democracy but with meager significance, infringements and abuses of civil liberties are commonplace, elections (if they take place) are not fair and free, the media is often state-owned or controlled by groups associated with the ruling regime, the judiciary is not independent, and the presence of omnipresent censorship and suppression of governmental criticism.

The five categories, and Laos’ score in each are:

  • Electoral process and pluralism = 0.83
  • Functioning of government = 2.86
  • Political participation = 1.67
  • Political culture = 5.00
  • Civil liberties = 1.47

Only ten of 167 countries rank lower than Laos in terms of Civil Liberties, and only two are lower in Political Participation.

While North Korea is ranked at the bottom of the list, Laos receives the lowest ranking of any Southeast Asian country. The rankings of neighbouring countries (with scores) include:

  • China = 136th (3.14)
  • Vietnam =131st (3.38)
  • Myanmar = 113th (4.20)
  • Cambodia = 112th (4.27)
  • Thailand = 100th (4.92)

Laos’ score has changed little since the index was initiated in 2006. From that year through 2011 its score remained at 2.10. In 2012, it increased to 2.32 before dropping back to 2.21 through 2015, and then rising to 2.36 in 2016

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Media Release: 5th Australia-Lao PDR Human Rights Dialogue

DFAT: 02 August 2017

Australia and the Lao PDR held their 5th Human Rights Dialogue on 18 July 2017 in Vientiane. The two sides had frank and constructive discussions on an extensive range of issues, including engagement with international human rights mechanisms, protection and discrimination issues, access to justice and cases of concern.

Australia welcomed the Lao PDR’s ongoing engagement on human rights. In the margins of the Dialogue, Australia and the Lao PDR launched the 2017-2021 Australia-Lao PDR Human Rights Technical Cooperation Program. The Program is Australia’s practical support to assist the Lao PDR meet its international human rights obligations.

While in Vientiane, the Australian delegation held a range of meetings on human rights issues with Lao officials, including the Chairman of the National Steering Committee on Human Rights, Minister Bounkert Sangsomsack, religious leaders and representatives of Non-Profit Associations (NPAs – local civil society groups).

Australia welcomed the opportunity for its human rights delegation to be able to visit Vientiane’s Somsanga Drug Treatment and Rehabilitation Centre and Phonthong Prison to observe conditions. Australia notes the challenges facing both Somsanga and Phonthong, including limited budget.

In preparation for the Dialogue, Australia consulted civil society in Australia and Laos, and will debrief these groups on dialogue outcomes in due course.

During the dialogue, Australia was encouraged to learn the Lao Prime Minister was about to issue a new decree to clarify the framework regulating the activities of NPAs in the Lao PDR. Australia encouraged Laos to reform rules that constrain the operations of civil society organisations, given their important role in Laos’ socio-economic development.

Australia called on the Lao PDR to resolve all outstanding cases of human rights concern, including the disappearance of Lao civil society worker, Mr Sombath Somphone.

Australia underlined its concern at the legal limitations to freedom of expression in the Lao PDR. Australia called on Laos to review both its law on mass media and the decree on internet-based information control; and release any persons detained for peacefully exercising their freedom of expression, demonstration and association.

Both countries noted their respective challenges in promoting gender equality and reducing violence against women and children. Australia praised efforts by Lao Prime Minister Thongloun and Deputy Prime Minister Sonexay in speaking publicly about violence against women and children.

The two sides also discussed freedom of religion or belief, and the protection of the rights of LGBTI people, persons with disability and people from culturally and linguistically diverse groups.

Australia also welcomed the Lao PDR’s efforts in raising awareness about religious tolerance. Australia called on Laos to remove its declaration on Article 18 of the International Convention on Civil and Political Rights related to freedom of religion or belief.

Australia welcomed the Lao Government’s efforts to become a rule of law state by 2020 and improve access to justice, and encouraged Laos to continue reforms in this area.

Australia particularly welcomed a recent decision by the Lao PDR to reduce the number of offences attracting the death penalty from 18 to 12, and urged Laos to work towards formal abolition.

Australia outlined the work of the Royal Commission into the Protection and Detention of Children in the Northern Territory, and reiterated our commitment to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Both countries shared their experiences in engaging with international human rights mechanisms. Australia encouraged the Lao PDR to issue standing invitations to all UN Special Rapporteurs. Laos sought advice on Australia’s approach to the Convention for the Protection of All Persons from Enforced Disappearance.

Dr Lachlan Strahan, First Assistant Secretary, Multilateral Policy Division of DFAT, led the Australian delegation, which included representatives from the Australian Human Rights Commission. Dr Phoukhong Sisoulath, Director-General, Treaties and Law Affairs of the Lao Ministry of Foreign Affairs, led the Lao PDR delegation.

(Note: The Sombath Initiative criticised an earlier statement released on the Australian Embassy in Laos’ website. This DFAT release is considerably more substantive.)