Author: rsbtws

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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”

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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”

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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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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

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Will Laos ever have ‘another Sombath’?

Will other civil society leaders emerge who are able to see beyond the implementation of projects to a wider vision and analysis?

Given the silence within Laos following Sombath’s disappearance, might there be more cases?

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Laos ranks near bottom of Forbes’ “Best Countries for Business” list

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134

out of

139

Laos’ ranking in Forbes 2017 “Best Countries for Business List.”

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

Feedback and suggestions are welcome.

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Forbes has rated Laos near the very bottom in its Best Countries for Business ranking for 2017. Only Venezuela, Yemen, Haiti, Gambia, Chad, rank lower. Neighbouring Cambodia ranks 123rd, China 102nd, Vietnam 98th, and Thailand 67th. Sweden, New Zealand and Hong Kong top the list.

Laos also ranked very low on the sub-indicators of Trade Freedom (124th), Technology (120th), Red Tape (123rd), Investor Protection (127th), Corruption (127th), and Personal Freedom (128th). It’s highest ranking is in Market Performance, at 87th.

The accompanying country profile reads:

The government of Laos, one of the few remaining one-party communist states, began decentralizing control and encouraging private enterprise in 1986. Economic growth averaged 6% per year from 1988-2008 except during the short-lived drop caused by the Asian financial crisis that began in 1997. Laos’ growth has more recently been amongst the fastest in Asia and averaged nearly 8% per year for the last decade. Nevertheless, Laos remains a country with an underdeveloped infrastructure, particularly in rural areas. It has a basic, but improving, road system, and limited external and internal land-line telecommunications. Electricity is available to 83% of the population. Agriculture, dominated by rice cultivation in lowland areas, accounts for about 25% of GDP and 73% of total employment. Laos’ economy is heavily dependent on capital-intensive natural resource exports. The economy has benefited from high-profile foreign direct investment in hydropower dams along the Mekong River, copper and gold mining, logging, and construction, although some projects in these industries have drawn criticism for their environmental impacts. Laos gained Normal Trade Relations status with the US in 2004 and applied for Generalized System of Preferences trade benefits in 2013 after being admitted to the World Trade Organization earlier in the year. Laos began a one-year chairmanship of ASEAN in January 2016. Laos is in the process of implementing a value-added tax system. The government appears committed to raising the country’s profile among foreign investors and has developed special economic zones replete with generous tax incentives, but a small labor pool remains an impediment to investment. Laos also has ongoing problems with the business environment, including onerous registration requirements, a gap between legislation and implementation, and unclear or conflicting regulations.

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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.)

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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”

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Lao-Australia HR Dialogue: ’Development’ eclipses Human Rights

Regrettably, an opportunity to advance human rights in Laos has instead resulted in yet another aid project.

Indications leading up to the latest Lao-Australia Human Dialogue were encouraging. In the 2015 Universal Periodic Review, Australia filed four recommendations to Laos on the death penalty, the enforced disappearance of Sombath Somphone,  internet restrictions, and constraints on civil society in Laos. Following the HR dialogue in Canberra that same year, Richard Andrews, the First Assistant Secretary of the Department of Foreign Affairs and Trade (DFAT) promised continued pressure on these same issues.

More recently, consultations were held with various groups in Vientiane, including INGOs and NPAs. Detailed submissions were made by Human Rights Watch, ASEAN Parliamentarians for Human Rights, and others. The Australian Embassy in Laos also encouraged others to submit additional inputs.

The government delegation from Australia included high-level officials, two of whom met with Ng Shui Meng, spouse of Sombath Somphone, who requested they ask for further information about Sombath’s whereabouts and the investigation into his disappearance, which the Lao government claims is continuing, even though it has given no updates in over four years. Continue reading “Lao-Australia HR Dialogue: ’Development’ eclipses Human Rights”