Seventy-two states made 203 recommendations, and the Lao government accepted 119 of them.
Ninety-three of those accepted recommendations called for a specific action, yet nearly two and one-half years later, and half-way until the next review, authorities have yet to release their plan for follow-up.
And while civil society organisations often play important roles in the follow-up and monitoring of the UPR implementation, those in Laos are apparently obliged to wait for the government plan.
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)
As Laos celebrates its traditional new year, a few points to ponder:
While the Lao government claims it is continuing to investigate Sombath’s disappearance, no results have been released in nearly three years. But is anybody still asking?
Within days of his disappearance, Sombath’s family filed an appeal with the Supreme People’s Prosecutor. Authorities later claimed the document had been lost. But were attempts made to replace it?
Sombath co-chaired the Asia-Europe People’s Forum in 2012, and was abducted soon thereafter. Will AEPF be raising Sombath’s case at their meeting in Mongolia this July?
Will Sombath, other human rights issues, or the challenges facing Lao civil society be addressed at this year’s Lao Studies Conference in July?
Lao NPAs (and/or the Lao government) declined to host the Asia People’s Forum in Laos this year, in part because of issues surrounding Sombath. Will his plight be discussed at the ACSC/APF in East Timor?
The EU and other donors are providing significant support for INGOs and NPAs to follow-up on the Universal Periodic Review, which includes ten recommendations to more seriously investigate Sombath’s disappearance. Is Sombath’s name mentioned in any of this work?
Will world leaders attending this year’s ASEAN summit speak of Sombath or the worsening human rights situation in Laos, or will wider geopolitical issues prevail?
Will donors accept even more restriction, non-transparency and self-censorship at this year’s High-Level Donor Roundtable meeting?
Communist Laos has shown “no political will to solve” the mystery of the abduction of a prominent social activist, a United Nations human rights official said on Monday, on the third anniversary of the kidnapping.
The United Nations and the International Commission of Jurists (ICJ) said police in Laos refused to view new footage of the abduction of Sombath Somphone, a civil society leader who worked to promote sustainable development for the rural poor.
Laurent Meillan of the UN Office of the High Commissioner for Human Rights said the abduction had created “a culture of fear” among workers of non-government organizations in Laos, one of Southeast Asia’s poorest countries.
“We are not aware of any progress since the government’s commitment at the U.N. Human Rights Council,” Meillan told a news conference in Bangkok, referring to an assurance by Laos to bring the perpetrators of the crime to justice.
In January, Laos was assessed on its rights record and accepted some recommendations made by the U.N. Human Rights Council, including a call for a transparent investigation into the disappearance of the internationally acclaimed activist.
Violations are again an issue in the Southeast Asian state.
By Luke Hunt
Human rights violations are again an issue in Laos – and a thorn in the side of a government more concerned with centrally-planned economic policies – following the death 61-year-old Tiang Kwentianthong.
Tiang was originally arrested for praying for a sick woman without government approval. Reports say he was denied medicine for diabetes. He was jailed nine months ago, released in March after his condition had deteriorated substantially, and died on September 17.
His death comes almost three years after the disappearance of well-known agriculturalist and rural reformer Sombath Somphone, who has not been seen since December 15, 2012. CCTV footage obtained by his relatives showed him being bundled into a police car.
Paris, 30 Juin 2015 : Le refus du Gouvernement Lao d’accepter les recommandations clé formulées lors de son dernier Examen Périodique Universel (EPU) a tourné en farce le processus de révision des Nations Unies, ont déclaré aujourd’hui la FIDH et son organisation membre, le Mouvement Lao des Droits de l’Homme (MLDH).
“L’attitude défensive du gouvernement lao et ses refus généralisés ont fait de son EPU une mascarade. Le dernier EPU du Laos a clairement montré l’absence de volonté de Vientiane à résoudre les sujets importants en matière des droits de l’Homme » , a souligné le Président de la FIDH M.Karim Lahidji.
Le 23 juin, le Laos a accepté 116 des 196 recommandations préconisées lors de son second EPU en janvier 2015. Selon Thongphane Savanhphet, le représentant permanent du Laos, auprès de l’Office des Nations Unies à Genève, les autres 80 recommandations « n’ont pas recueilli le soutien total » du gouvernement.
La réponse du gouvernement a été particulièrement insuffisante sur le sujet des disparitions forcées. Le gouvernement a rejeté l’ensemble des huit recommandations qui appelaient à mener une enquête pour toutes les allégations de disparitions forcées dans le pays, considérant ces allégations comme « non conformes à la réalité ». Par un tour de passe- passe incongru, le gouvernement a reconnu la disparition du proéminent leader de la société civile Sombath Somphone, mais a accepté seulement quatre des dix recommandations appelant à enquêter sur sa disparition. Dans les explications évoquées pour le rejet des six recommandations relatives au cas de Sombath, le gouvernement a livré une propagande désuète et n’a pas fourni d’informations nouvelles concernant ses prétendues tentatives pour déterminer le sort de Sombath. Le gouvernement a déclaré que le Comité d’Investigation était « ouvert à tout avis ou toute suggestion des parties intéressées » et l’enquête menée par les autorités concernées était « toujours en cours ». Continue reading “Laos : Le Gouvernement se moque de l’examen des droits de l’homme de l’ONU”
Rehashed Rhetoric & Continuing Contradictions: The Lao Government Response to the 2nd Cycle UPR Recommendations
On June 24th, the Lao government gave its response to the 196 recommendations presented at its 2nd cycle Universal Periodic Review held in Geneva in January.
They contain few surprises. Perhaps most notable is the repeated rhetoric and continuing contradictions.
The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED)
The Lao government agreed to ratify the ICPPED convention during the 1st cycle UPR in 2010. Although it failed to do so, it again accepted recommendations to this effect from the Netherlands, Canada, Argentina and Spain (#20, 21 & 27).
It does not, however, accept the recommendation from Uruguay (#22) that it ratify the convention without reservation, claiming it “…will be able to do so only after a thorough study of the convention.”
Italy, Brazil, Germany and France (#23-26) also recommend ratifying the convention, along with thorough and impartial investigations into related cases.
These are also not accepted because “The alleged cases have been investigated by related authorities and found out that such allegations are not true.“
The ICPPED is 18 pages and 7,234 words. Five years is ample time for a thorough study, particularly given the prior commitment to do so.
Moreover, if all the allegations regarding this crime have been found to be false, why is it not possible to ratify the convention without reservation?
In their recommendations, Germany, Luxembourg, Poland, Portugal, Sweden, Switzerland, the United Kingdom, Australia, Canada and Finland (#25, 94-101, 151) specifically call for a prompt and independent investigation into the disappearance of Sombath Somphone.
Some of these are accepted, while others are not because they “…partly contain the language or wording that do not reflect the reality in the Lao PDR.”
Despite the UPR recommendations of 20 nations, repeated calls from numerous other governments and world leaders, and the conclusions of the UN OHCHR, the WGEID, the European Union, and nearly every international human rights organisation, the Lao government steadfastly adheres to the claim it has conducted a serious investigation. Continue reading “Response to UPR: Rehashed Rhetoric & Continuing Contradictions”
Paris, 30 June 2015: The Lao government’s failure to accept key recommendations received during its latest Universal Periodic Review (UPR) has turned the UN-backed review process into a farce, FIDH and its member organization, the Lao Movement for Human Rights (LMHR), said today.
“The Lao government’s defensive attitude and blanket denials have made its UPR a farce. The latest Laos UPR has clearly shown that Vientiane is unwilling to address important human rights issues,” said FIDH President Karim Lahidji.
On 23 June, Laos accepted 116 of the 196 recommendations it received at its second UPR in January 2015.  According to Thongphane Savanhphet, the Lao government’s Permanent Representative to the UN in Geneva, the remaining 80 recommendations “did not enjoy the full support” of the government.
The Lao government’s response was particularly inadequate with regard to the issue of enforced disappearances. The government rejected all eight recommendations that called for investigations into all allegations of enforced disappearance in the country and dismissed such allegations as “not true.” In an incongruous twist, the government acknowledged the disappearance of prominent civil society leader Sombath Somphone, but accepted only four of the 10 recommendations that called for an investigation into his disappearance. In its explanation of the rejection of the six recommendations related to Sombath’s case, the government churned out stale propaganda and provided no new information regarding its purported attempts to determine Sombath’s fate or whereabouts. The government stated that its Investigation Committee was “opened to views or suggestions from all interested parties” and that concerned authorities were “still thoroughly conducting the investigation.” Continue reading “Laos: Government mocks UN human rights review”
29th Regular Session of the UN Human Rights Council: Universal Periodic Review (UPR) Plenary on Lao People’s Democratic Republic: Oral Statement by R. Iniyan Ilango on behalf of the Asian Forum for Human Rights and Development
Thank you, Mr. President. We welcome recommendations made to the Lao government. We regret that the government has noted and not accepted recommendations related to the protection of human rights defenders and the freedoms of peaceful assembly, association and expression. Despite committing at first UPR cycle to work towards an enabling environment for civil society and human rights defenders (HRDs) the government continues to restrict HRDs and civil society organisations. We remain concerned over the draft Decree on Associations and Foundations, which, if enacted, will further suppress the activities of civil society in the country. Furthermore, existing laws continue to impose severe restrictions on media freedom, and the newly introduced Decree on Information Management on the Internet criminalises criticism of the government online. We urge the Lao government to repeal or amend all existing laws that restrict the rights to freedoms of expression, peaceful assembly, and association including the Decree on Associations, the Decree on INGOs, the Media Law, the Law on Publications, the Internet Law, and various restrictive provisions in the Penal Law to ensure full compliance with international human rights standards. The government must also withdraw all regressive draft laws including the proposed Decree on Associations and Foundations.
We deplore the Lao government’s unwillingness to effectively investigate the enforced disappearance of Sombath Somphone. The Lao government’s failure to accept many of the recommendations related to the disappearance of Mr. Somphone stands testimony to Lao authorities’ apathy towards mounting calls from his family and the international community to conduct an impartial and thorough investigation into his disappearance aimed at determining his fate. We reiterate our call to the government to immediately undertake a thorough and impartial investigation into the enforced disappearance of Mr. Somphone in accordance with international standards and with the assistance of the international community. Continue reading “FORUM ASIA: Lao authorities apathetic regarding investigation”
Human Rights Council – 29th session, Point 6: Adoption of the report on the Lao PDR UPR – Oral statement
FIDH and its member organization, the Lao Movement for Human Rights, regret that the Lao PDR refused to accept recommendations made by many states in several key human rights areas during its second UPR in January 2015.
We urge the Lao PDR government to implement the numerous recommendations made to address cases of arbitrary arrest and enforced disappearances in the country. All victims of enforced disappearance and their families must receive justice. They include 12 individuals arrested and disappeared between 1999 and 2009 for their call in favor of democracy and respect for human rights. The Lao PDR must also conduct, as a matter of priority, an independent and thorough investigation into the disappearance of prominent civil society leader Sombath Somphone, with assistance from the international community. We demand that the Lao PDR establish a timeline for the ratification and implementation of the International Convention on the Protection of All Persons from Enforced Disappearances. Continue reading “FIDH-LMHR: Conduct investigation, ratify ICCPED, stop forced relocation”