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FORUM ASIA: Lao authorities apathetic regarding investigation

Forum AsiaFORUM-ASIA: 25 June 2015

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[1] and the freedoms of peaceful assembly, association and expression[2].[3] 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[4] 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”

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FIDH-LMHR: Conduct investigation, ratify ICCPED, stop forced relocation

FIDH-LogoFIDH-LMHR: 25 June 2015

Human Rights Council – 29th session, Point 6: Adoption of the report on the Lao PDR UPR – Oral statement

Mr. President,

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.

LMHR-LogoWe 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”

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Amnesty: Conduct a thorough and independent investigation

Amnesty InternationalAmnesty International: 25 June 2015

Amnesty International urges Laos to undertake a thorough and independent investigation into the enforced disappearance of Sombath Somphone

Human Rights Council adopts Universal Periodic Review outcome on the Lao People’s Democratic Republic

Amnesty International welcomes recommendations made by 10 states in the UPR Working Group, on the enforced disappearance of well-known and respected civil society leader Sombath Somphone, who has dedicated his life to promoting sustainable development and poverty reduction. 1 His abduction was captured on CCTV footage, as he was stopped by traffic police at around 6pm on 15 December 2012 outside a police post in the capital, Vientiane. He was last seen being driven away in a white pick-up truck and has not been seen or heard from since then. 2 Unfortunately, Laos did not accept six of these recommendations; however, the government did commit to undertaking a thorough and impartial investigation into his disappearance which Amnesty International calls on it to fulfil. 3

A further 10 states urged Laos to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, 4 and Laos has indicated that it is considering ratification. 5 It is regrettable, however, that Laos rejected calls by seven states to extend a standing invitation to the Special Procedures, 6 and specifically to facilitate a visit by the Working Group on Enforced or Involuntary Disappearances. 7

The decision by the authorities to reject offers of technical assistance in the search for Sombath Somphone signals a lack of genuine commitment to uphold the rule of law and to protect the rights of its citizens. 8 The disappearance of Sombath Somphone and the failure by the authorities to adequately investigate have become symbolic of the climate of repression in Laos, with a lack of transparency and no accountability for human rights violations. This in turn has had a chilling effect on civil society and on the exercise of the right to freedom of expression more generally.

Despite comments in the opening statement by the head of the Lao delegation to the UPR Working Group on 20 January 2015 that “[t]he rights to freedom of expression, association and assembly are guaranteed in the Constitution, laws and decrees”, in practice these rights are severely restricted with the state exercising tight control over the media, the judiciary and political and social institutions. Amnesty International calls on the authorities to extend its apparent willingness to participate in the UPR process, and particularly as it seeks membership of the UN Human Rights Council in the upcoming elections, to enable independent monitoring of the human rights situation and to engage in genuine consultation on the promotion and protection of human rights.

Background

The UN Human Rights Council adopted the outcome of the Universal Periodic Review of Lao People’s Democratic Republic on 25 June 2015 during its 29th session. Prior to the adoption of the review outcome, Amnesty International delivered the oral statement above.

Public Document
International Secretariat, Amnesty International, 1 Easton St., London WC1X 0DW, UK www.amnesty.org

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  1. Human Rights Council, Report of the Working Group on the Universal Periodic Review – Lao People’s Democratic Republic, A/HRC/29/7, recommendations 121.25 (Germany); 121.94 (Luxembourg), 121.95 (Poland), 121.96 (Portugal), 121.97 (Sweden), 121.98 (Switzerland), 121.99 (United Kingdom of Great Britain and Northern Ireland), 121.100 (Australia), 121.101 (Canada), 121.151 (Finland).
  2. See Amnesty International report, Laos: Caught on camera – the enforced disappearance of Sombath Somphone (Index: ASA 26/002/2013).
  3. A/HRC/29/7/Add.1, page 8.
  4. A/HRC/29/7, recommendations 121.13 (Paraguay); 121.20 (Netherlands), 121.21 (Canada, Spain), 121.22 (Uruguay), 121.23 (Italy), 121.24 (Brazil), 121.25 (Germany), 121.26 (France) 121.27 (Argentina).
  5. A/HRC/29/7/Add.1, page 3-4.
  6. A/HRC/29/7, recommendations 121.67 (Japan), 121.68 (Luxembourg), 121.70 (Ghana), 121.71 (Hungary), 121.72 (Netherlands), 121.73 (Latvia), 121.74 (Paraguay), 121.75 (Norway), 121.76 (Uruguay) and A/HRC/29/7/Add.1, page 6.
  7. A/HRC/29/7, recommendation 121.75 (Norway).
  8. A/HRC/29/7/Add.1, page 8
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Human Rights Watch: Lao UPR response raises serious questions

Human Rights Watch: 25 June 2015Human Rights Watch

UN Human Rights Council: Adoption of the outcome of the Universal Periodic Review of the Lao People’s Democratic Republic

The Universal Periodic Review for the Lao People’s Democratic Republic shows the serious gap of Lao government statements of intent and associated plans, laws and decrees versus the minimal progress made on human rights in Laos since the previous UPR in 2010.

Laos’ declaration that it is considering ratifying the International Convention for the Protection of All Persons from Enforced Disappearance contrasts significantly with its failure to conduct a credible, thorough and impartial investigation into the enforced disappearance of renowned civil society leader and Magsaysay award winner Sombath Somphone, who in December 2012 was videoed being taken from his car at a police checkpoint on a main boulevard in the capital, Vientiane.

Numerous governments raised Sombath’s case during the interactive dialogue yet their concerns were met by an irrelevant and unacceptable Lao government response that “cases of disappearance happened throughout the world, sometimes as a result of conflict with criminal groups.” In Vientiane, far from Geneva, authorities are less circumspect in their campaign of making unfounded insinuations to smear Sombath as somehow being involved in crime.  Similarly, it’s astounding that the Lao government claims it is “open to views or suggestions to help the investigation” when it has turned down multiple offers of technical assistance from many of the governments in this room that would help ensure a genuine investigation is undertaken.

Numerous governments made recommendations to encourage Laos to take steps to end restrictions on the rights to freedom of association, expression, and peaceful assembly. However, Laos gave no clear explanation why it passed an Internet decree that contains provisions that go well beyond internationally accepted limits on free speech contained in article 19 of the International Covenant on Civil and Political Rights, which Laos ratified in 2009. Laos has also tightened government control in the operating guidelines for domestic civil society organizations, as well as the decree overseeing the activities of international NGOs, again without explanation.

Lao accepted many general recommendations, but failed to accept those that would have represented genuine, concrete commitments for progress. This raises serious questions as to how the government actually proposes to implement the rights it rhetorically committed to.

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Sombath is not an isolated case

Please-return-Sombath-Safely…the disappearance of Sombath Somphone is not an isolated case in an otherwise acceptable human rights landscape, but perhaps the most visible manifestation of a broader and deeper malaise.

We ask what potential and resolve exists to address the many other human rights issues given that Lao authorities so steadfastly ignore this one?

From a letter by the Sombath Initiative to those countries making recommendations about enforced disappearance during the Lao PDR’s Universal Periodic Review in February. The Lao government must respond to the UN Human Rights Council regarding these recommendations in the next few days.

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Dear Sombath…from Shui Meng (8)

My dearest Sombath,

books-for-children-2006bToday is Father’s Day. I keep thinking of you on this day. You always say that even though we do not have any children of our own, it really does not matter, because you are always surrounded by children and young people through the Young Volunteers’ program that you started in PADETC. You keep reminding me that the young volunteers are like your children, and since we do not have children of our own, you can spend more time working with other people’s children and help guide them and challenge them to think, and direct their energy and creativity in a productive way.

Sombath, you truly love and relate very well with children. You believe that children and young people are special and that the growing-up years are the most important years of their lives. Those are the years you say are critical for developing their values and their world-view for the future. You also believe that learning in schools and from books alone is not enough; children and young people need to learn also from real life and real experiences outside of the classroom. Continue reading “Dear Sombath…from Shui Meng (8)”

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"Enforced disappearances in the Lao PDR alarming"

afadLaos is a signatory to the main international human rights instruments1 including the Convention for the Protection of All Persons from Enforced Disappearance (ICPED); yet, the practice of enforced disappearances in the Lao PDR is alarming.

UN Logo…However, Laos has failed to prove that an impartial investigation had been conducted in regards with Mr. Somphone’s abduction. Only vague official statements have been formulated so far… This on-going situation demonstrates the Government of Laos’ lack of willingness to cooperate with the WGEID.

From a General Allegation made by the Asian Federation against Enforced Disappearance to the UN Working Group on Enforced and Involuntary Disappearances.

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Dear Sombath…from Pablo Solón

Logo-Speak OutDear Sombath,

Today, I left Asia. Among all my memories, yours is for sure the most brief but the deepest. We met very shortly in Vientiane during the Asia Europe Peoples Forum in 2012 and we shook hands saying that we would continue chatting. But that never happened. A few months later, you were last seen at a police outpost and since then the authorities of Laos have never given an explanation of what had happened to you.

When I came to Asia, more than three years ago, I had just finished writing the book about my brother José Carlos Trujillo Oroza who was enforced disappeared in 1972 during the dictatorship of Banzer. I was able to finish his book before my mother passed away after searching for him for 40 years.  I must confess that when we presented that book I had the thought that the nightmare of enforced disappearances was something of old dictatorships. I didn’t think that I would face again a situation like that and even less in Asia. Continue reading “Dear Sombath…from Pablo Solón”

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We stand ready to support

We know Mr. Somphone as being highly committed to the development of the people of the Lao PDR, and he is very respected in the Lao and International development communities. His family has reported him missing to the Ministry of Public Security, but has received no news about his whereabouts.

We are very concerned about Mr. Somphone’s safety, and we urge the Lao authorities to use its resources to locate him and bring him home safely.

We stand ready to support in any way we can.

From a December, 2012 letter from 22 INGOs to the Lao Ministry of Foreign Affairs.

The Lao government has not requested any assistance, nor have there been any further letters or offers of support from CSOs operating in the Lao PDR.

Articles addressing the effects of Sombath’s disappearance on Lao civil society include:

Click on the Lao Civil Society tag at the bottom of this page for a listing of these and other related content on this site.

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Dear Sombath…from Hans van Willenswaard

Dear Sombath,

SB-prayerGreetings from the Netherlands. I was asked to write you a letter. That is not easy, I don’t know where you are, how you are; are you still in this world? It is very difficult to imagine that your presence is no longer under your own control. The first time we shared an event was the Gross National Happiness conference in Canada in 2005. We all got absorbed in the joyful style of this conference and the place that was given to spirituality, good food, the First Nation people of Canada, art, the initiators from Bhutan and to young people. You wholeheartedly joined the preparations for the next GNH conference, first in Thailand for partners from the Mekong region, and in 2007 the international event in Nongkhai and Bangkok, Thailand. You had hosted the visit of a delegation from Bhutan to PADETC and several places in Laos in order to familiarize our Bhutanese friends with the way of life in the Mekong region. We discovered a lot of the same intentions across countries: in particular to support young people in their discovery of genuine happiness; and how to integrate this happiness perspective in education.

You presided over the interreligious opening ceremony at Wat Hin Mak Peng, just the opposite bank of the Mae Kong River from Vientiane. You spoke at the provincial hall in Nongkhai and at the main auditorium of Chulalongkorn University in Bangkok. The memories come back now as we prepare for the next GNH conference in Thimphu, Bhutan. We all miss you dearly, Sombath.

What I most remember, now, is that we meditated and prayed for the wellbeing of all people at many occasions. You often led us in these meditations. When I go back to these moments of silence I feel united with you, with all the people you prayed and worked so hard for. With effort I feel even united with the people who are responsible for your disappearance. May we all be well and happy and realize the sometimes awful mistakes we made. Let us try to bring back your sincere intentions and your inner strength.

Hans van Willenswaard, School for Wellbeing Studies and Research