UPR Recommendations on Civil Society
In addition to the numerous recommendations on Sombath’s disappearance made during the Universal Periodic Review for the Lao PDR on January 20th, a number of recommendations were also given regarding civil society:
5.75. Extend, before the end of 2016, a standing invitation to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression as well as to the Working Group on Enforced or Involuntary Disappearances (Norway);
5.129. Ensure de jure and de facto protection of fundamental freedoms in order to be in conformity with the ICCPR that has been ratified by Laos. Regarding freedom of expression; lift the restrictions to freedom of press, ensure the independence and pluralism of media, and a safe environment for the work of journalists. Regarding freedom of association; facilitate unhindered action for human rights defenders and NGOs, notably through a reform of their registration system (France);
5.138. Guarantee freedom of expression, the press, assembly and association, as well as freedom of religion and belief in accordance with the International Covenant on Civil and Political Rights (Uruguay);
5.146. Guarantee the effective exercise of freedom of expression, assembly and association by reforming its legislation particularly in order not to undermine the legitimate work of NGOs and human rights defenders (Luxembourg); Continue reading “UPR Recommendations on Civil Society”
UPR Recommendations on Sombath
In his statement at the Universal Periodic Review for the Lao PDR on January 20th, Mr. Phongsavath Boupha, Chairman for the Lao National Steering Committee on Human Rights, asked for suggestions.
Here they are.
The full report is available here.
5.25. Conclude the process of ratification of the ICCPED shortly, and investigate vigorously all cases of enforced disappearances, including the case of civil society activist, Sombath Somphone, and inform the public transparently about the results of such investigation as far as feasible without endangering the investigation, and bring perpetrators to justice (Germany);
5.94. Carry out without further delay an independent, credible investigation into the unexplained disappearance of a human rights defender, Mr. Sombath Somphone, which occurred on 15 December 2012 in Vientiane (Luxembourg);
5.95. Carry out a prompt, independent and impartial investigation aimed at determining the fate or whereabouts of Sombath Somphone (Poland);
5.96. Undertake a thorough investigation, consistent with international practices and standards, into the disappearance of Mr. Sombath Somphone (Portugal);
5.97. Intensify the investigation into the disappearance of Mr Sombath and accept external assistance in the investigation and make the results publicly known, and investigate in a transparent and credible manner all cases of enforced disappearances (Sweden); Continue reading “UPR Recommendations on Sombath”
Open Letter to ASEAN Foreign Ministers on the importance of establishing a genuine regional human rights mechanism
ASEAN Parliamentarians for Human Rights: 22 January 2015
We would also seek to draw your attention to the dangers facing human rights defenders and civil society actors all across Southeast Asia, highlighted by the enforced disappearance of Lao civil society leader Sombath Somphone in December 2012, and the subsequent failure of the Lao PDR to properly investigate it…
We, as current and former elected representatives in ASEAN member states would like to convey our input to the ASEAN Foreign Ministers’ Retreat, contributing our suggestions for agenda setting for 2015 and warning of the dangers of overlooking the importance of ensuring the growth of a genuine regional human rights mechanism.
The ASEAN Foreign Ministers’ Retreat is taking place in Sabah, Malaysia, 27-28 January 2015.
Firstly, we wish to call to attention the need for immediate and urgent action on one of the gravest human rights concerns facing our region and the world today: the ethnic cleansing of the Rohingya minority in Myanmar which is becoming a strain and a stain on the entire region.
We would also seek to draw your attention to the dangers facing human rights defenders and civil society actors all across Southeast Asia, highlighted by the enforced disappearance of Lao civil society leader Sombath Somphone in December 2012, and the subsequent failure of the Lao PDR to properly investigate it, as well as the serious regional implications of ASEAN’s failure to stand up to the overthrow of a democratically elected government in Thailand and subsequent assault on human rights by the military regime there. At minimum, these issues, and potential solutions to them, should be discussed during the ASEAN Foreign Minister’s Retreat in Sabah. Continue reading “Open Letter to ASEAN Foreign Ministers on the importance of establishing a genuine regional human rights mechanism”
145 groups: Make Enforced Disappearance of Sombath Somphone Central to Lao UPR!
The Sombath Initiative:
20 January 2015
We, the undersigned, request you to resolutely address the disappearance of Sombath Somphone at the upcoming Universal Periodic Review for the Lao PDR on January 20, 2015.
Enforced disappearance is a horrible crime, one of a few internationally recognized as unjustifiable under any circumstances.[1]
It is a crime not only against the victim. It is equally a crime against the victim’s family, who are left with no rationale, resolution or means of recourse, and are vulnerable to intimidation and reprisals. For similar reasons, it is also a crime against wider society and, if part of a widespread or systematic attack against any civilian population, a crime against humanity.
Sombath Somphone is widely known for a lifetime of innovative work and remarkable achievements in sustainable agriculture, community and alternative development, public participation, and youth education. He has received accolades from many sources, including the Ramon Magsaysay Award for Community Leadership in 2005.
It is because of this recognition and respect that his disappearance has brought such a significant and sustained outpouring of concern from across the globe.[2] Continue reading “145 groups: Make Enforced Disappearance of Sombath Somphone Central to Lao UPR!”
Laos: Pledge Action on Rights, Stop ‘Disappearances’
Human Rights Watch: 19 December 2015
The government of Laos should use the United Nations Human Rights Council review of its record to pledge concrete measures to address its pervasive human rights problems.
Laos will appear for the country’s second Universal Periodic Review on January 20, 2015, at the UN Human Rights Council in Geneva.
In a June 2014 submission to the council, Human Rights Watch raised concerns about the enforced disappearance of civil society leader Sombath Somphone, severe restrictions on fundamental freedoms to expression and assembly, the denial of labor rights, and abusive drug detention centers.
“The lack of progress in the disappearance of a leading activist is sadly emblematic of the Lao government’s failure take action on a wide range of serious human rights problems,” said Philippe Dam, acting Geneva advocacy director at Human Rights Watch. “UN member countries should make clear their dissatisfaction with Laos’ inaction and insist upon genuine reform.” Continue reading “Laos: Pledge Action on Rights, Stop ‘Disappearances’”
Laos: Government’s failure to live up to its UPR commitments calls for more international pressure
International Federation for Human Rights & Lao Movement for Human Rights: 19 January 2015
The Lao government’s clear and undeniable failure to live up to its human rights commitments calls for more political pressure by the international community, FIDH and its member organization, the Lao Movement for Human Rights (LMHR), said today. The two organizations made the call ahead of the second Universal Periodic Review (UPR) of Laos, which will take place on 20 January in Geneva.
“Pouring increasing amounts of aid into Laos while remaining silent on the serious human rights violations taking place in the country just hasn’t worked,” said FIDH President Karim Lahidji. “It’s time for the international community to start applying real political pressure on the government to ensure it addresses human rights issues and undertakes genuine legislative and institutional reforms.”
Laos accepted 115 of the 145 recommendations made by other countries at its first UPR in May 2010. Despite committing to ratifying or acceding to five key international human rights instruments, Laos has become a party to only one of them – the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Six years after its signature, Laos has not yet ratified the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). In addition, the government has failed to adequately investigate most cases of enforced disappearances. This includes the failure to investigate the disappearance of prominent civil society leader and human rights defender Sombath Somphone on 15 December 2012 in Vientiane.
Laos also pledged cooperation with UN human rights mechanisms. However, in the past five years, the government has neither issued any standing invitation for missions to Laos nor allowed any official visit to the country by the UN special procedures. In addition, five reports to main UN treaty bodies are overdue – one of them by nearly six years.
In stark contrast to its UPR pledges to make progress toward combating trafficking in persons and ensuring the enjoyment of the rights to freedom of expression, freedom of association, and freedom of religion, key indicators point to a lack of improvement in the situation in these areas.
After placing Laos on its ‘Tier 2’ for three consecutive years, in 2014 the US State Department downgraded the country to the “Tier 2 watch list” (the second-lowest tier) for the government’s failure to fully comply with the minimum standards for the elimination of human trafficking.
Laos ranked 168th out of 178 countries surveyed by Reporters Sans Frontières (RSF) in its 2010 Press Freedom Index. In the 2014 Index, it ranked 171th out of 180.
Freedom House has consistently rated the Laos as ‘not free’ in its annual global survey on political rights and civil liberties. Recently-enacted legislation adds to a body of repressive laws that severely restrict the people’s enjoyment of their civil and political rights. Decree 327, adopted on 16 September 2014, contains excessively broad and vaguely-worded provisions that effectively criminalize any online criticism of the government and fall well below international standards on the right to freedom of expression. In addition, the disappearance of Sombath has had a ‘chilling effect’ on civil society in the country. Local organizations are unwilling to speak out against human right violations and to carry out activities for the protection and promotion of human rights because they are afraid of reprisal from the authorities.
The US Commission on International Religious Freedom (USCIRF) has placed Laos on its “watch list” (Tier 2) since 2009. In its 2014 annual report, the USCIRF stated that serious religious freedom abuses continued, particularly in ethnic minority areas, and restrictive laws remained in place.
With regard to land rights, in their joint submission for the UPR, FIDH and LMHR detailed the serious and far-reaching human rights implications of large-scale land leases and concessions granted by the government in recent years. The two organizations also documented the government’s repression of land and environmental rights defenders who worked with communities affected by land concessions and advocated for a more sustainable and all-inclusive form of socio-economic development.
“The Lao government has said that the UPR is the only legitimate process to address human rights at the international level,” said LMHR President Vanida Thepsouvanh.“Regrettably, the government has virtually ignored most of the recommendations it accepted at its first UPR almost five years ago.”
Press contacts
FIDH: Mr. Andrea Giorgetta (English) – Tel: +66 88 611 7722 (Bangkok)
FIDH: Mr. Arthur Manet (French, English, Spanish) – Tel: +33 6 72 28 42 94 (Paris)
FIDH: Ms. Audrey Couprie (French, English, Spanish) – Tel: +33 6 48 05 91 57 (Paris)
Universal Periodic Review: Lao human rights under scrutiny
The Lao PDR is scheduled for the second Universal Periodic Review of its human rights record on 20 January 2015. In preparation for this event, many organisations from civil society, the United Nations and the Lao government have submitted reports.
Nearly all of the submissions from stakeholders not subject to Lao government control raise the disappearance of Sombath Somphone, many emphatically. These include:
- Alliance for Democracy in Laos
- Asian Parliamentarians for Human Rights
- Forum Asia & the Asia-Europe People’s Forum
- Human Rights Watch
- International Commission of Jurists
- International Federation for Human Rights & the Lao Movement for Human Rights
- International Service for Human Rights
The United Nations, and specifically the UN Lao Country Report, also raise concerns about Sombath’s disappearance, despite reported pressure from the Lao government to exclude any such reference.
In its report, the Lao government, which has repeatedly claimed it is more concerned than anybody else, ignores the issue entirely.
More people are asking…
More individuals and organisations are asking “Where is Sombath?”
See other examples of pictures they have sent at People are Asking…
Please keep asking, and send your pictures to [email protected]
Amnesty International in Canberra keeps up pressure
As posted on December 10th, Amnesty International’s chapter in Canberra, Australia held an action at the Lao embassy on 15 December, the two-year mark since Sombath’s enforced disappearance. 
Members had also raised awareness in the diplomatic areas on the preceding Thursday and Friday, and will be lobbying various missions in the lead up to Laos’ Universal Periodic Review on January 20th.
The group’s letter to Mr Phomma Khammanichan, Lao Ambassador to Australia, reads in part:
We are disappointed that the Lao PDR investigation into Sombath’s disappearance has seemingly not commenced in any substantial manner even after 2 years.
We know, you know, the representatives at the UN Universal Periodic Review know and the investigation team knows that the person who parked his motor bike at the police post and who then drove off in Sombath’s vehicle can be identified because the motor bike was identifiable.
We all know that the officer in charge of the police post and therefore in control of events on that on that fateful day can be identified and interviewed. This officer would normally know the identities of persons who entered the police post during the course of Sombath’s apprehension and disappearance.
We know that the licence number of the vehicle that took Sombath away is identifiable through CCTV footage taken at the time. Yet there is no evidence that these simple elements of an investigation have been made.
We all know that the Lao PDR Penal Code prohibits arbitrary arrest and detention and abduction. We also know as you would, that no one in Laos can be detained for more than 12 months without trial.