The Nation: 25 February 2013

Group’s claims to being a people-oriented community are at stake

The disappearance of Sombath Somphone in police custody last December continues to haunt Laos, once considered the “heavenly land” in continental Southeast Asia. With regional and international pressure increasing by the day, it is amazing to watch the old guard in Vientiane playing things out. For decades, Laos has escaped international scrutiny because it is a small and landlocked country without any strategic imperative. However, with the rise of China, Laos has become an important strategic outpost. As such, the country has brought attention to itself.

Laos joined Asean in 1997 without much fanfare. It delayed its membership for two years for fear that it would upset ties with China. Since joining the grouping, it has maintained a low profile all along, fearing controversy. However, with its ongoing mega-dam construction projects, it has been hard for Laos to remain silent on these issues, especially as they relate to the environment and villagers’ relocation. For instance, the construction of Xayaboury Dam has already caused havoc within the communist hierarchy – who are only used to affirmative answers – because of the myriad negative views against the dam.

Now, in a globalised world, Laos has to contemplate which route it wants to pursue. The recent reforms in Myanmar have already shaken the Laotian establishment. Myanmar’s political reforms were progressive in comparison with the pace of reforms in Laos since 1984. The country can no longer hide in obscurity and hope to get away with – if the worst fears of some are realised – the murder of one of its most famous sons.

When Asean was drafting its charter and terms of reference for human rights, the Laotian delegates were the most conservative and persistent in ensuring that the grouping would not move too fast. However, with the dramatic reforms in Myanmar, Asean as a whole has to think hard about how it can reform to provide further dynamics for political and social transformation. Much has been said about economic cooperation.

The time has come for Asean to speak up. Secretary General Le Luong Minh needs to display his leadership. During the weeks since he has assumed the position, he has spoken widely on the South China Sea and regional integration. How can Asean become one community when its leaders continue to turn a blind eye to assaults on the human dignity of their own citizens?

The notion that Asean can be a people-oriented community will be a farce as long as none of the Asean leaders speaks out on human-rights violations.

The disappearance of Sombath reveals the true nature of an archaic, inward-looking group of communist leaders who are becoming increasingly irrelevant to the dynamic changes within the region. Asean must take up the case of Sombath; its credibility is at stake. The Laotian government must be held accountable for his disappearance and can not longer remain mute. In the absence of cooperation from Vientiane, Asean should join hands with the international community to ensure that justice is done in this landlocked country that for too long has been far beyond the watchful eyes of the world.

By Tan Kwoh Jack

No. 014/2013 dated 24 January 2013. This is from the RSIS Commentaries are intended to provide timely and, where appropriate, policy relevant background and analysis of contemporary developments. S. Rajaratnam School of International Studies, NTU  to see the original go here

Synopsis

The disappearance of prominent Lao activist Sombath Somphone is garnering regional and international attention. With the signing of the ASEAN Human Rights Charter it is in the interest of ASEAN countries to engage more actively on the issue.

Commentary

ON 15 December 2012, the prominent Lao public intellectual Sombath Somphone mysteriously “disappeared”. Closed-circuit video footage released by the Lao authorities showed uniformed personnel in Vientiane stopping Sombath’s car before taking him away. Analysts believe that his disappearance is connected to his activist work in sustainable development, and that elements within the Lao government may be responsible for this incident. Sombath’s disappearance has garnered regional and international attention in the past month: three Members of Parliaments from Malaysia, Indonesia and the Philippines: Charles Santiago, Lily Wahid and Walden Bello made a special three-day trip to Vientiane to seek some answers from the Lao government. During the press conference in Bangkok afterwards, they rebuked the Lao administration for lacking in political will to resolve the issue. Consequently, they plan to collect the signatures of MPs in every ASEAN country to increase pressure on the Lao government. They will also be submitting a report to the ASEAN Inter-governmental Commission on Human Rights. Singaporean link The US Secretary of State Hilary Clinton is the latest and most prominent politician to publicly comment on the issue, calling on the Lao government to pursue a “transparent investigation”, and to “do everything in its power” to obtain Sombath’s return. Besides the MPs of the three countries other ASEAN members including Singapore might want to pay attention to this case. Sombath’s wife, Ng Shui Meng is a Singapore national. The Ministry of Foreign Affairs has said it is rendering consular assistance to Ms Ng. Sombath shares with Singapore an active interest in strengthening sustainable development as one of ASEAN’s key objectives and has made significant contributions in this area. The US- educated Sombath pioneered the use of participatory methods in poverty alleviation in Laos and is a winner of the Ramon Magsaysay Award – commonly referred to as the Nobel Prize of Asia.

Implications on ASEAN Human Rights Charter

With the signing of the ASEAN Human Rights Charter (AHRC) in November last year, ASEAN members may find it increasingly difficult to remain silent on issues pertaining to human rights. These issues emerging from within ASEAN will start to bring into question the efficacy of the AHRC. This suggests that ASEAN’s long- standing principle of non-interference will have to evolve into something more expressive, if not more “interventionist”.

Lao inaction on Sombath’s case may affect the credibility of the AHRC and the ASEAN Intergovernmental Commission on Human Rights. Sombath’s case is a good opportunity for ASEAN members to take a collective stand and further strengthen the Charter. This will address the initial accusations made by non-government organisations that the Charter is “not worthy of its name”.

Officials may worry that any statement that an ASEAN government makes in regard to human rights, will inevitably bring to the fore its own record. This is yet another reflection of the blurring lines between the international and the domestic. For example should a country articulate a more assertive foreign policy of human rights – under the aegis of the AHRC – it may have to take on parallel positions related to civil society and liberties within the state. At times, it may even find itself having to justify its domestic policies to the other ASEAN neighbours, as Myanmar did in recent years.

A more interventionist ASEAN?

That said, Sombath’s disappearance is as much a human rights issue as one of the rule of law and due process. In recent years Singapore and Laos have ramped up bilateral economic and political relations. The air route between Singapore and Laos has re-opened, expanding tourism exponentially. Successive trade delegations have brought Singapore’s government-linked companies and private enterprises into Laos. Laos is a popular destination for Singapore volunteers engaged in community development projects. Last year, the animal rights group Animal Concerns Research and Education Society set up a research and education centre in Laos to combat the problem of Lao bear bile products being sold in Singapore. This reflects the growing endeavour of Singaporeans to undertake community projects in developing countries. All these point to the expanding presence of Singaporeans in Laos, and invariably, violations of the rule of law and due processes “over there” will, in one way or another begin to concern Singapore. At the regional level, pressures on ASEAN to take a more interventionist stance on violations of human rights will also increase with the adoption of the ASEAN Human Rights Charter.

Tan Kwoh Jack is an Associate Research Fellow at the S. Rajaratnam School of International Studies (RSIS), Nanyang Technological University.