Laos

ASEAN: ‘Laos’s leadership raises serious human rights concerns’
CIVICUS speaks about the implications of Laos chairing the Association of Southeast Asian Nations (ASEAN) with Mary Aileen Diaz Bacalso, Executive Director of the Asian Forum for Human Rights and Development (FORUM-ASIA).

Founded in 1991, FORUM-ASIA is a network of 85 organisations across 23 countries, mainly in Asia. It works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations and maintains a consultative relationship with the ASEAN Intergovernmental Commission on Human Rights.

What are the main challenges ASEAN will likely face in 2024?

ASEAN is a regional alliance comprising of 10 Southeast Asian countries, plus Timor-Leste, which is on track to join. It was established in 1967 to preserve peace and stability in the Cold War era. Nowadays it oversees collaborative efforts on its three pillars of economic, socio-cultural and political and security matters. It is also meant to promote and safeguard human rights through a regional mechanism within the political-security pillar.

With Laos as chair, ASEAN will face three significant challenges in 2024. The first is related to its reliance on consensus politics and non-interference, which means that progress depends on each member state’s unique circumstances. Political events such as elections in Indonesia, attempted coups in Myanmar and regressions in human rights and democracy in countries across the region, including in Cambodia, Laos, the Philippines, Singapore and Thailand, obstruct advances in the protection and promotion of human rights and put the ability to achieve consensus to the test.

The second challenge is the result of a notable lack of optimism and growing scepticism by human rights organisations about Laos’s role as chair. Laos’s reputation for human rights abuses and violations of fundamental freedoms raises doubts about its ability to lead ASEAN effectively in improving human rights protections.

The third challenge is linked to external factors, particularly geopolitical tensions between China and the west, which will influence the regional bloc. These pressures may impact on economic, socio-cultural and political-security cooperation within ASEAN, adding another layer of complexity to the challenges the organisation will face in 2024.

What does the fact that Laos is chairing ASEAN in 2024 mean for China’s standing and role in the region and globally?

Laos continues to have the same voting power as other ASEAN members, but as chair, it has greater influence in shaping the organisation’s agenda. For instance, it has chosen ‘Enhancing Connectivity and Resilience’ as the theme for 2024 and has shown commitment to fostering connections with the East Asia bloc, including China. An official statement issued by the 2024 ASEAN Foreign Ministers Retreat emphasised the importance of enhancing ties between ASEAN and East Asian countries. It highlighted mechanisms such as the East Asia-ASEAN Summit, which includes the 10 ASEAN states plus China, Japan and South Korea.

Two key concerns arise under Laos’s leadership, particularly regarding human rights. First, it’s uncertain how it will approach the Myanmar crisis, particularly due to the continued reliance on ASEAN’s Five-Point Consensus as the primary reference, despite calls from civil society to move beyond this plan.

Laos has designated a seasoned diplomat as the ASEAN Special Envoy, tasked with meeting junta leader Min Aung Hlaing in Myanmar. However, the lack of a clear agenda for engaging with supporters of democracy such as the National Unity Government, the National Unity Consultative Council and the Ethnic Revolutionary Organizations raises doubts that ASEAN is playing a progressive role. Given historical and political ties between the military junta and the government of Laos, concerns linger about ASEAN’s alignment with the interests of people in Myanmar.

Second, the future of the human rights agenda is uncertain given Laos’s dubious human rights track record, which includes cases like the 2012 enforced disappearance of a prominent member of Laotian civil society, Sombath Somphone, and the deportation of the Chinese human rights lawyer Lu Siwei in October 2023. Plans have already been outlined for the 2024 ASEAN Human Rights Dialogue, but it is unclear whether civil society will be included or whether Laos will ensure a secure environment for it to take part.

Another pending topic on the human rights agenda is the revision of the terms of reference of the ASEAN Intergovernmental Commission on Human Rights, which are supposed to be revised every five years but haven’t experienced any improvement in one and a half decades.

Does Laos’s role as chair create any significant opportunity for Laotian civil society?

We are quite sceptical about the potential impact of these changes in regional institutions on the domestic civil society landscape of a country with closed civic space.

Laos systematically represses civil society activists and dissenters through a variety of legal and extra-legal measures, including surveillance, threats and violence. The decision to choose Timor-Leste over Laos as the host for the ASEAN Civil Society Conference/ASEAN Peoples’ Forum despite Laos holding the ASEAN chair underscores the apprehensions of civil society regarding safety within Laos.

Given the principle of non-interference on which ASEAN is based, it remains an unresolved question whether other ASEAN countries will scrutinise Laos’s human rights track record.

Nonetheless, from a civil society standpoint, this situation presents an opportunity to amplify efforts in advocating for justice and accountability for victims of human rights violations in Laos.

FORUM-ASIA is steadfast in its commitment to monitor the human rights situation, document violations and hold the Laotian government, as well as all ASEAN governments, accountable for upholding their commitment to protect and promote human rights in accordance with international human rights standards.

It is key to strengthen solidarity with Laos and leverage the momentum of Laos’s chairing of ASEAN. We urge the international community to participate in campaigns and advocacy initiatives. We must join forces to amplify the voices of the oppressed, shine the spotlight on Laos and the region and undertake collective action to address human rights concerns.
Country recommendations on civic space for Universal Periodic Review on Human Rights
All UN member states have their human rights records reviewed every 4.5 years. CIVICUS makes four joint and stand-alone UN Universal Periodic Review submissions on civil society space in Armenia, Laos, Kenya and Kuwait, which are up for review in January 2020.

The submissions examine the state of civil society in each country, including the promotion and protection of the rights to freedom of association, peaceful assembly and expression and the environment for human rights defenders. We further provide an assessment of the States’ domestic implementation of civic space recommendations received during the 2nd UPR cycle over 4 years ago and provide a number of targeted follow-up recommendations.

Armenia – CIVICUS highlights unwarranted restrictions on freedom of peaceful assembly and the use of violence, intimidation and harassment to disperse peaceful protests particularly in 2018 and 2016. We express concerns over the targeting of human rights defenders particularly those working on environmental and LGBTI rights. We highlight concerns over restrictions on freedom of expression and the targeting of journalists who covered protests.

Kenya - In this submission, ARTICLE 19 Eastern Africa, CIVICUS, the Kenya Human Rights Commission (KHRC) and the National Coalition of Human Rights Defenders–Kenya (NCHRD-K), express deep concern over the government’s continued unjustified restriction of peaceful protests, as seen in the unlawful interpretation of existing laws by security agents to restrict the right to peaceful assembly and the increasingly worrying trend of security agents violently disrupting peaceful protests. We further examine undue limitations on the freedom of expression, as highlighted by the high number of incidences of harassment, attacks and extrajudicial killings of journalists as well as clauses that are inimical to the freedom of expression in new legislation such as the Computer Misuse and Cybercrimes Act 2018.

Kuwait - Since its 2nd Universal Periodic Review, ISHR, Gulf Centre, MENA Rights Group and CIVICUS found that Kuwait did not implement any of the 13 recommendations related to civic space. Instead, restrictive legislation such as the 1979 Public Gatherings Act, the 1970 National Security Law, the 2015 Cybercrime Law and the 2006 Press and Publications Law, continue to place undue restrictions on fundamental freedoms. Furthermore, HRDs face unwarranted restrictions, with women HRDs and activists from the stateless Bedoon minority facing heightened threats. Legal and policy limitations placed on the rights to the freedoms of association, peaceful assembly and expression put HRDs at a continuous risk of detention, defamation, citizenship revocation and other forms of reprisals as a direct result of their work.

Laos – The submission by CIVICUS, the Manushya Foundation and FORUM-ASIA highlights how the Lao PDR government - which is a one-party state - dominates all aspects of political life and maintains strict controls on civic space. We examine how the extensive restrictions and surveillance of civil society and the absolute controls of the media including TV, radio and printed publications. We also highlight the ongoing failure to investigate the fate and whereabouts of human rights defender Sombath Somphone which has created a chilling effect and the continued criminalisation of government critics. Read press release

See other country reports submitted by CIVICUS and partners to the UN's Universal Periodic Review on Human Rights
Laos adoption of Universal Periodic Review on Human Rights
Joint statement with Forum Asia and Manushya at the 45th Session of the UN Human Rights Council

Universal Periodic Review on Human Rights -- Outcome Adoption for Laos

Thank you, Mr Vice President.

We note that the government of Lao PDR has accepted the majority of the recommendations it received during this Universal Periodic Review. However, we regret that the government has not accepted several key recommendations related to fundamental freedoms, and protection of human rights defenders.

Following the second cycle UPR in 2015, Lao PDR committed to reassess the restrictions on [fundamental freedoms] civil society organisations, revise legislation to protect the right to freedom of expression and to ensure freedom of assembly in line with the ICCPR. However, the government’s actions since then stand in stark contrast to these commitments as well as Constitutional guarantees of these rights.

New amendments to the Media Act of 2008 introduced in 2016 further consolidate the government’s absolute control over the media.

The government continues to criminalise criticism of the government using unwarranted criminal defamation charges on the basis of protecting “national interests,” as well as charges of anti-state propaganda, penalized under article 117 of the criminal code. For instance, woman human rights defender, Houayheuang Xayabouly, known as Muay, was sentenced in November 2019 to 5-year imprisonment for a Facebook post criticising the slow response of the government in providing assistance to affected communities displaced by flooding as a result of tropical storm in August 2019.

The new Decree No. 238 on Associations introduced in November 2017 grants the government broad powers to control or prohibit the formation of associations, monitor and curtail their activities and finances, and to dissolve associations on arbitrary grounds without right of appeal.

We call on Lao PDR to create and maintain, in law and practice, an enabling environment for CSOs, media, journalists and human rights defenders by repealing or reviewing all repressive legislation in accordance with international standards. In particular, we call on Lao to review the Media Act, Decree No. 238 on Associations, Decree number 327 on Internet-Based Information Control/Management and provisions of the Penal Code, including Article 117 on propaganda against the state, that impose undue restrictions on fundamental freedoms. We call on the Lao government to ensure all Lao people can exercise their fundamental freedom of expression, as enshrined in the ICCPR.

We regret the government’s failure to accept key recommendations to effectively investigate the enforced disappearance of human rights defender Sombath Somphone. Given the government’s protracted failure to disclose any new information about the investigation since June 2013, we call on Lao to establish a new independent and impartial investigative body to determine the fate and whereabouts of Sombath.

We further call on the government to publicly set out a comprehensive, measurable and time-bound action plan for the implementation of UPR recommendations, in full cooperation and consultation with civil society.

Civic space in Laos is currently rated as Closed by the CIVICUS Monitor
Laos and Thailand must investigate enforced disappearances
Civil society groups urge Laos, Thailand to investigate enforced disappearances, reveal fate of Sombath Somphone and Od Sayavong

On the seventh anniversary of the enforced disappearance of Lao civil society leader Sombath Somphone, we, the undersigned organizations, urge the Lao and Thai governments to investigate enforced disappearances, and demand Vientiane finally reveal Sombath’s whereabouts and ensure justice for him and his family.

Considering the Lao police’s protracted failure to effectively investigate Sombath’s enforced disappearance, a new independent and impartial investigative body tasked with determining Sombath’s fate and whereabouts should be established without delay. The new body should have the authority to seek and receive international technical assistance in order to conduct a professional, independent, impartial, and effective investigation in accordance with international standards.

Sombath was last seen at a police checkpoint on a busy street of the Lao capital, Vientiane, on the evening of 15 December 2012. Footage from a CCTV camera showed that Sombath’s vehicle was stopped at the police checkpoint and that, within minutes, unknown individuals forced him into another vehicle and drove him away in the presence of police officers. CCTV footage also showed an unknown individual driving Sombath’s vehicle away from the city center. The presence of police officers at Sombath’s abduction and their failure to intervene strongly indicates state agents’ participation in Sombath’s enforced disappearance.

Lao authorities have repeatedly claimed they have been investigating Sombath’s enforced disappearance but have failed to disclose any new findings to the public since 8 June 2013. They have met with Sombath’s wife, Shui Meng Ng, only twice since January 2013 – the last time in December 2017. No substantive information about the investigation has been shared by the police with the family, indicating that, for all intents and purposes, the police investigation has been de facto suspended.

We also call on the Lao and Thai governments to resolve all cases of enforced disappearances in their countries. The most recent case is that of Od Sayavong, a Lao refugee living in Bangkok, who has been missing since 26 August 2019. Over the past several years, Od engaged publicly in drawing attention to human rights abuses and corruption in Laos, and met with the United Nations (UN) Special Rapporteur on Extreme Poverty and Human Rights on 15 March 2019 in Bangkok, prior to the latter’s mission to Laos. The concerns regarding Od’s case were expressed in a joint statement that the UN Working Group on Enforced or Involuntary Disappearances and three Special Rapporteurs issued on 1 October 2019.

We would also like to draw particular attention to reports that Ittiphon Sukpaen, Wuthipong Kachathamakul, Surachai Danwattananusorn, Chatcharn Buppawan, and Kraidej Luelert, five Thai critics of the monarchy and Thailand’s military government living in exile in Laos, went missing between June 2016 and December 2018. In the case of the latter three, the bodies of Chatcharn and Kraidej were found about two weeks later on the Thai side of the Mekong River, mutilated and stuffed with concrete, while a third body - possibly Surachai’s - reportedly surfaced nearby and then disappeared. DNA tests carried out in January 2019 confirmed the identity of Chatcharn and Kraidej.

We call on the Lao and Thai governments to investigate these cases in line with international legal standards with a view towards determining their fate and whereabouts.

Both the Lao and Thai governments have the legal obligation to conduct such prompt, thorough and impartial investigations and to bring all individuals suspected of criminal responsibility for crimes under international law and gross human rights violations to justice in fair trials.

We also urge the Lao and Thai governments to promptly ratify the International Convention for the Protection of All Persons from Enforced Disappearance, which Laos and Thailand signed in September 2008 and January 2012 respectively, to incorporate the Convention’s provisions into their domestic legal frameworks, implementing it in practice, and to recognize the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of victims or other states parties.

Finally, we call on the international community to use the upcoming Universal Periodic Review (UPR) of Laos to demand the Lao government promptly and effectively investigate the enforced disappearance of Sombath Somphone. The third UPR of Laos is scheduled to be held on 21 January 2020 in Geneva, Switzerland.

During the second UPR of Laos in January 2015, 10 United Nations member states (Australia, Canada, Finland, Germany, Luxembourg, Poland, Portugal, Sweden, Switzerland, and the United Kingdom) recommended the Lao government conduct an adequate investigation into Sombath’s enforced disappearance.

Until the fate and whereabouts of those who are forcibly disappeared are revealed, the international community should not stop demanding that they be safely returned to their families. The Lao government should be under no illusion that our demands will go away, we will persist until we know the real answer to the question: “Where is Sombath?”

Signed by:

1.   11.11.11
2.   Action from Ireland (Afri)
3.   Alliance Sud
4.   Alternative ASEAN Network on Burma (ALTSEAN-Burma)
5.   Alyansa Tigil Mina (Alliance to Stop Mining)
6.   Amnesty International
7.   Armanshahr / OPEN ASIA
8.   Article 19
9.   ASEAN Parliamentarians for Human Rights (APHR)
10.   Asia Europe People’s Forum
11.   Asian Federation Against Involuntary Disappearances (AFAD)
12.   Asian Forum for Human Rights and Development (FORUM-ASIA)
13.   Asian Resource Foundation
14.   Association of Women for Awareness and Motivation (AWAM)
15.   Awaz Foundation Pakistan – Centre for Development Services
16.   Banglar Manabadhikar Sutaksha Mancha (MASUM)
17.   Cambodian Human Rights and Development Association (ADHOC)
18.   CCFD-Terre Solidaire
19.   Center for Human Rights and Development (CHRD)
20.   Centre for the Sustainable Use of Natural and Social Resources (CSNR)
21.   China Labour Bulletin (CLB)
22.   CIVICUS: World Alliance for Citizen Participation
23.   Civil Rights Defenders
24.   Commission for the Disappeared and Victims of Violence (KontraS)
25.   Community Resource Centre (CRC)
26.   Community Self-Reliance Centre (CSRC)
27.   DIGNIDAD Coalition
28.   Dignity – Kadyr-kassiyet (KK)
29.   Equality Myanmar
30.   Europe solidaire sans frontières (ESSF)
31.   Families of Victims of Involuntary Disappearance (FIND)
32.   FIAN International
33.   FIDH – International Federation for Human Rights
34.   Focus on the Global South
35.   Fresh Eyes - People to People Travel
36.   Front Line Defenders
37.   Global Justice Now
38.   Globe International
39.   Human Rights and Development Foundation (HRDF)
40.   Human Rights Commission of Pakistan (HRCP)
41.   Human Rights in China (HRIC)
42.   Human Rights Watch (HRW)
43.   Indonesian Legal Aid Foundation (YLBHI)
44.   INFORM Human Rights Documentation Centre
45.   International Commission of Jurists (ICJ)
46.   Internet Law Reform Dialogue (iLaw)
47.   Justice for Iran (JFI)
48.   Karapatan Alliance Philippines (Karapatan)
49.   Kazakhstan International Bureau for Human Rights and the Rule of Law (KIBHR)
50.   Korean House for International Solidarity (KHIS)
51.   Land Watch Thai
52.   Lao Movement for Human Rights (LMHR)
53.   Lawyers' Rights Watch Canada (LRWC)
54.   League for the Defence of Human Rights in Iran (LDDHI)
55.   MADPET (Malaysians Against Death Penalty and Torture)
56.   Maldivian Democracy Network (MDN)
57.   Manushya Foundation
58.   MONFEMNET National Network
59.   National Commission for Justice and Peace (NCJP)
60.   Nomadic Livestock Keepers' Development Fund
61.   Odhikar
62.   People's Solidarity for Participatory Democracy(PSPD)
63.   People’s Empowerment Foundation (PEF)
64.   People’s Vigilance Committee on Human Rights (PVCHR)
65.   People’s Watch
66.   Philippine Alliance of Human Rights Advocates (PAHRA)
67.   Programme Against Custodial Torture & Impunity (PACTI)
68.   Psychological Responsiveness NGO
69.   Pusat KOMAS
70.   Right to Life Human Rights Centre (R2L)
71.   Rights Now Collective for Democracy (RN)
72.   South India Cell for Human Rights Education and Monitoring (SICHREM)
73.   Stiftung Asienhaus
74.   STOP the War Coalition - Philippines (StWC-Philippines)
75.   Sustainability and Participation through Education and Lifelong Learning (SPELL)
76.   Taiwan Association for Human Rights (TAHR)
77.   Tanggol Kalikasan – Public Interest Environmental Law Office (TK)
78.   Task Force Detainees of the Philippines (TFDP)
79.   The Corner House
80.   Think Centre
81.   Transnational Institute
82.   Union for Civil Liberty (UCL)
83.   Vietnam Committee on Human Rights (VCHR)
84.   Vietnamese Women for Human Rights (VNWHR)
85.   WomanHealtth Philippines
86.   Women’s Rehabilitation Centre (WOREC)
87.   World Organization Against Torture (OMCT)
88.   World Rainforest Movement (WRM)

Individuals:

Andy Rutherford
Anuradha Chenoy
David JH Blake
Glenn Hunt
Jeremy Ironside
Jessica diCarlo
Kamal Mitra Chenoy
Mary Aileen D. Bacalso
Miles Kenney-Lazar
Nico Bakker
Philip Hirsch
Laos: After 10 years, civil society worldwide is still asking: “Where is Sombath?”

**Photo: Prachatai

Ahead of the 10-year anniversary of the enforced disappearance of Lao civil society leader Sombath Somphone, we, the undersigned civil society organizations and individuals, renew calls on the Lao government to determine his fate and whereabouts and deliver justice, truth, and reparation to his family. We deplore the Lao authorities’ repeated failure to act on their human rights obligations to thoroughly investigate Sombath’s disappearance and provide adequate, effective, and prompt reparation for Sombath and his family over the past decade.
Laos: Ensure the Immediate Release of Chinese Human Rights Lawyer Lu Siwei

Lao authorities have reportedly arrested and detained well-known Chinese human rights lawyer Lu Siwei since 28 July 2023. We are gravely concerned that he is at serious risk of forced repatriation to China where he faces the high likelihood of torture and other ill-treatment.
Laos: Government must live up to human rights obligations ahead of UN review
Manushya Foundation, CIVICUS and the Asian Forum for Human Rights and Development (FORUM-ASIA) call on the Government of Lao PDR to remove all unwarranted restrictions on civic space in the country ahead of its human rights review to be held at the United Nations (UN) in January-February 2020. The review will mark five years since UN member states made 33 recommendations to the Lao government that directly relate to barriers to open civic space. As of today, the government has partially implemented only three recommendations.

Following its last review in 2015 , the government of Lao PDR committed to reassess the policy framework and restrictions on domestic and international civil society organisations and facilitate an enabling environment for them; to fully respect and ensure freedom of expression by revising legislation; to ensure freedom of assembly in accordance with the International Covenant on Civil and Political Rights (ICCPR); and to investigate individual cases such as the enforced disappearance of Sombath Somphone.

In a joint submission to the third Universal Periodic Review (UPR) of Laos, our organisations assess the current human rights situation to track compliance with these recommendations and international human rights standards. The submission finds that Lao PDR’s persistent failure to uphold its commitments has resulted in continued unwarranted restrictions to civic space and acute shortcomings with respect to the right to freedom to freedom expression, assembly and association, and in the protection of human rights defenders.

“Using unwarranted defamation, libel, and slander charges, justified by vague claims of ‘national interests’, the government increasingly restricts any speech or actions that would highlight corruption or the violation of rights resulting from development projects and investments, specifically those related to land and sustainable development.” said Emilie Pradichit, Founder & Director of Manushya Foundation. “The Lao government must immediately repeal or amend legislations that do not comply with international standards and obligations through transparent and inclusive mechanisms of public consultation, end the harassment and intimidation against persons who speak up, and provide effective remedy in cases where the rights of individuals have been denied or violated.”

Manushya, CIVICUS and FORUM-ASIA are seriously concerned about the pervasive control exercised by the government over civil society, and the severe restrictions faced as a result. Extensive surveillance, reprisals and the criminalisation and enforced disappearance of human rights defenders have created an environment in which it is all but impossible to speak out. The right to freedom of expression, peaceful assembly and association are guaranteed in the Constitution of Lao PDR, and its obligations under the ICPPR. However, the legal framework – including broadly formulated, restrictive and conflicting provisions in the Constitution, the Penal Code, and other laws, as well as government decrees passed without oversight – serves to limit any independent action or information, and criminalise any expression perceived as critical of the government. All actions taken and information shared must undergo a lengthy process of state approval and organisations are forced to maintain close ties with the State, making independent human rights organisations virtually non-existent.

“The laws, policies and practices of the Lao government restrict any legitimate activities that they believe could threaten the state. Constant monitoring and the detention of activists such as Bounthanh Thammavong, Lodkham Thammavong, Soukane Chaithad, Somphone Phimmasone, and the enforced disappearance of Sombath Somphone, has compounded this chilling effect to the extent that activists and journalists now avoid using ‘human rights’ language in their work,” said Josef Benedict, Civic Space Researcher at CIVICUS. “States must question these actions of the Lao government that allow for impunity for violations of civic freedoms and press the government to create a safe, respectful and enabling environment that is free of undue hindrances, obstruction, legal or administrative harassment.”

Manushya, CIVICUS and FORUM-ASIA also urge the member states of the United Nations (UN) to use the UPR of Laos to ensure increased transparency and accountability through law and practice in order to protect and promote the rights of civil society in Laos, especially those of human rights defenders, civil society activists, and journalists.

“The Universal Periodic Review of Laos is an important opportunity to hold the Lao government accountable for ongoing, serious violations of fundamental freedoms and human rights,” concluded Ahmed Adam of FORUM-Asia. “The international community cannot afford to ignore the permanent closure of civic space and criminalisation of legitimate exercise of freedom of expression, peaceful assembly as well as work of human rights defenders in Lao. International scrutiny is necessary to improve the human rights situation in Lao, particularly given that the government has done nothing to change a situation that has been ongoing for decades.”

The CIVICUS Monitor, an online platform that tracks threats to civil society in countries across the globe, rates the space for civil society in Laos as closed.

For more information or to arrange an interview, please contact:

(EN) Josef Benedict, Civic Space Researcher, CIVICUS, +6010-4376376,

(EN & Lao) Emilie Pradichit, Founder & Director, Manushya Foundation, +66 (0) 92-901-5345,

(TH) Suphamat Phonphra, Programme Officer, Manushya Foundation, +66 (0) 83-578-9879,

(EN) Ahmed Adam, UN Advocacy Programme Manager, Asian Forum for Human Rights and Development (FORUM-ASIA), +41 (2) 10-826-4345,
Laos: Letter to UN Member States ahead of human rights review
Open Letter: UN member states must highlight Laos’s severely restrictive civic space environment at its upcoming UN human rights review

Your Excellency,

As you will be aware, Lao People's Democratic Republic (Lao PDR) will face its third review under the UN’s UPR mechanism on 21 January 2020.

Following its last review in 2015, the government of Lao PDR committed to reassess the policy framework and restrictions on domestic and international civil society organisations and facilitate an enabling environment for them; to fully respect and ensure freedom of expression by revising legislation; to ensure freedom of assembly in accordance with the International Covenant on Civil and Political Rights (ICCPR); and to investigate individual cases such as the enforced disappearance of human rights defender Sombath Somphone.

In total, member states made 33 recommendations to the Lao government that directly relate to barriers to open civic space. Since then, the government has partially implemented just three of these recommendations.

In a submission to this UN review cycle, the Manushya Foundation, FORUM ASIA and CIVICUS outlined some of the most serious concerns facing civil society in Lao PDR. The submission found that the country’s persistent failure to uphold its commitments has resulted in continued unwarranted restrictions to civic space and acute shortcomings with respect to right to freedom to freedom expression, assembly and association, and in the protection of human rights defenders.

In Laos’s pre-UPR session, held in December 2019, independent civil society organizations highlighted that the situation for fundamental freedoms had worsened, particularly in relation to online surveillance.

We are encouraged by Laos’s renewed commitment to the sustainable development goals which it reaffirmed during its UPR pre-session. However, we remind states, and the Lao government, that civic space is central to the achievement of all of the SDGs, and without engagement of independent civil society, any improvements in SDGs are cosmetic at best.

Based on our research, the government continues to exercise pervasive control over civil society, which faces severe restrictions as a result. Extensive surveillance, reprisals and the criminalisation and enforced disappearance of human rights defenders have created an environment in which it is all but impossible to speak out.

While the right to freedom of expression, peaceful assembly and association are guaranteed in the Constitution of Lao PDR, an array of restrictive laws and government decrees continue to exist that serves to restrict civic freedoms and criminalise any expression perceived as critical of the government. This lack of civic space has meant many people fear speaking up about corruption or the violation of rights resulting from development projects and investments, specifically those related to land and sustainable development.

A new Decree No. 238 on Associations that came into effect in November 2017 imposes severe restrictions on civil society organisations (CSOs) and force CSOs to maintain close relations with the state, making independent human rights organisations virtually non-existent. Further, international CSOs also face challenges operating in the country.

The UN Special Rapporteur on extreme poverty and human rights said in March 2019 after his visit to Lao PDR that he “received countless reports from people inside the country and who have recently fled Laos about the extent to which people feel they are not able to speak freely and fear reprisal for expressing criticism of government policies”.

Given this environment, and the lack of political will demonstrated thus far by the government of Lao PDR to uphold its civil space obligations, we urge states to ensure that civic space remains a key issue raised during this third cycle of Laos’s UPR.

This means ensuring freedom of association, freedom of expression, freedom of peaceful assembly, the right to operate free from unwarranted state interference, the right to communicate and cooperate, the right to seek and secure funding, and the state’s duty to protect. At a minimum, such recommendations should include:
- Take measures to foster a safe, respectful, enabling environment for civil society, including through removing legal and policy measures, which unwarrantedly limit the right to association.
- Relevant laws and regulations should be revised - in particularly, Decree No. 238 on Associations and Decree No. 13 of 2010 on INGOs - to guarantee that undue restrictions on freedom of association are removed and to bring them into compliance with 22 of the ICCPR.
- Ensure that human rights defenders are able to carry out their legitimate activities without fear or undue hindrance, obstruction or legal and administrative harassment.
- Establish a new commission tasked with carrying out a prompt, thorough, independent, and impartial investigation aimed at determining the fate or whereabouts of human rights defender Sombath Somphone.
- Ensure freedom of expression and media freedom by all bringing national legislation into line with international standards. In particular, Article 65 the Penal Code (propaganda against the state), the Media Act of 2008 and Decree No. 327 on Internet-Based Information Control/Management, should be reviewed to ensure that national legislation are in line with the best practices and international standards in the area of freedom of expression.
- Extend a standing invitation to all UN Special Procedures mandate holders and prioritize official visits with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on the rights to freedom of peaceful assembly and of association.
Yours sincerely,

Emilie Pradichit, Director, Manushya Foundation
Ahmed Adam, Programme Manager, United Nations Advocacy, FORUM-ASIA
David E. Kode, Advocacy & Campaigns Lead, CIVICUS: World Alliance for Citizen Participation
Laos: Nine years on, civil society worldwide still demands answers on Sombath's enforced disappearance
On the ninth anniversary of the enforced disappearance of Lao civil society leader Sombath Somphone, we, the undersigned organisations, reiterate our calls on the Lao government to determine his fate and whereabouts and deliver justice to him and his family.
Thailand/Laos: investigate the killing of Lao refugee and put an end to transnational repression of human rights defenders

In response to news on 17 May 2023 of the fatal shooting of Bounsuan Kitiyano, a 56-year-old Lao human rights defender and a refugee recognized the UN High Commissioner for Refugees (UNHCR), in a border town in northeastern Thailand, we, the ten undersigned organizations, urge the government of Thailand to independently, effectively and promptly investigate this incident and ensure effective remedy to the victim’s family and loved ones. We also call on the Lao and Thai governments, together with diplomatic communities in Laos and Thailand and UN bodies, to address human rights violations faced by Lao human rights defenders who have sought asylum in Thailand.

BOUNSUAN KITIYANO'S KILLING

On 17 May 2023, Thai authorities found Bounsuan’s body in Pho Sai District of Ubon Ratchathani Province in northeastern Thailand bordering Laos. Bounsuan, a member of Thailand-based “Free Lao,” a network of Lao migrant workers and human rights defenders, participated in activities including peaceful protests at the Lao Embassy in Bangkok and human rights workshops on topics including human and rights, environmental rights, anti-corruption and democracy. According to media reports, he had been shot three times while he was riding a motorcycle.[1] While the undersigned organizations do not have information on who is responsible for this killing, we have verified that the human rights defender had fled persecution from Laos and been living in Thailand for many years. According to media reports, Bounsuan was in the process of applying for a resettlement in Australia.[2]

Other individuals associated with the Free Lao network have faced arbitrary detention and alleged enforced disappearance either in Laos or Thailand.

REPRESSION AT HOME AND ABROAD

The undersigned organizations note a recurring targeting of human rights defenders affiliated with Free Lao. The fatal shooting of Bounsuan took place only one month after the arrest and detention of Savang Phaleuth, another Free Lao member living in Bangkok. Reportedly, on 20 April 2023, Savang visited his home at Done Sart Village in Song Khon District of Savannaket Province, Laos, where he was arrested by police authorities from an unidentified unit.[3] Currently, he remains detained incommunicado. According to information obtained by the signatories, the police has not informed his relatives of the charges against him, nor allowed any family visits.

On 26 August 2019, prominent human rights defender Od Sayavong “disappeared” from his home in Bangkok after he and his fellow Free Lao members, including Phetphouthon Philachane, met with the then-UN Special Rapporteur on Extreme Poverty and Human Rights.[4] Od also played an active role in leading a demonstration in Bangkok on 16 July 2019 to call for the release of other Free Lao members imprisoned in Laos and the protection of environmental and land rights in the country.[5] In that case, Thai authorities failed to conduct a prompt, impartial and effective investigation into this alleged disappearance, despite consistent calls from the UN and civil society organizations.[6]

Three months later, Phetphouthon, another member of Free Lao who was also a housemate of Sayavong, also went missing after he left Bangkok to visit his family in Vientiane.[7] His fate and whereabouts remain unknown to date.

Earlier, on 5 March 2016, three human rights defenders from the same group – Somphone Phimmasone, Soukane Chaithad, and Lodkham Thammavong – were arrested and detained by Lao authorities incommunicado due to their online criticisms of the Lao government and participation in a peaceful protest in front of the Lao Embassy in Bangkok. On 22 March 2017, the Vientiane People’s Court found them guilty of violating article 56 (treason to the nation), article 65 (propaganda against the state), and article 72 (gatherings aimed at causing social disorder) of Laos’s Penal Code. They were sentenced to 20, 16, and 12 years in prison, respectively.

These repeated allegations of arrest, detention, conviction and, in some instances, disappearance of members of Free Lao, suggests that what appear to be targeted attacks are not only taking place in Lao territories. Rather, they seem to be part of an ongoing pattern of transnational repression against activists and human rights defenders fleeing persecution from Laos to Thailand in order to silence the exercise of human rights, including the rights to freedom of peaceful assembly and freedom of expression involving peaceful dissent.

In this context, on 11 December 2020, eight independent experts of the UN Human Rights Council submitted a letter to the Lao and Thai governments raising concerns regarding a “pattern of disappearances” with “countries in the region coordinating, assisting, or acquiescing to extraterritorially abduct political activists leading to disappearances.”[8] The letter also indicated that the Foreign Ministries of Laos and Thailand in 2018 released a joint statement on strengthening their collaboration to “stand firm on the policy to not allow any person or group of people plan for disorder or anti-government activities in another country on their land.”

According to testimonies collected by the undersigned organizations, pervasive impunity for the cases listed above have led to a widespread chilling effect among Lao human rights defenders. Under this repressive climate, these human rights defenders who fled their country continue to live in fear of being targeted for exercising their human rights.

STATE OBLIGATIONS UNDER INTERNATIONAL HUMAN RIGHTS LAW

Thailand and Laos are both State parties to the International Covenant on Civil and Political Rights (ICCPR) pursuant to which they must respect and ensure the rights to life, to liberty and security of person, to freedom from torture and other cruel, inhuman or degrading treatment or punishment, and freedom of expression, association and peaceful assembly and right to public participation among other rights. Enforced disappearance constitutes a violation of multiple provisions of the ICCPR. They have a duty to promptly, effectively and thoroughly investigate with independence, impartiality and transparency, and to prosecute potentially unlawful deprivations of life, including enforced disappearances, in accordance with relevant international standards, including the Minnesota Protocol on the Investigation of Potentially Unlawful Death.[9] States must also provide access to an effective remedy and reparation to redress any violations of human rights under their jurisdiction.

The protection of the aforementioned rights also covers human rights defenders who face heightened risks of targeted violence due to their legitimate human rights work.

During the third cycle of Thailand’s Universal Periodic Review (UPR) in 2021, the government of Thailand “supported” at least six recommendations on the protection of human rights defenders, including to “[e]nsure the protection of human rights defenders, including through prompt and thorough investigation of attacks”; “[t]ake further steps to ensure a safe and enabling environment for human rights defenders, stop all forms of harassment, violence and intimidation against them and ensure prompt, transparent and independent investigation of all reported cases”, and “[c]reate a safe and enabling environment to exercise the rights to peaceful assembly and freedom of expression and prevent attacks and intimidation against human rights defenders.”[10]

The government of Laos also received similar recommendations during its UPR in 2020, including to “[e]nhance freedom of expression, lifting restrictions for independent media and providing a safe environment for the work of journalists and human rights defenders”; “[e]nsure the full enjoyment of the freedom of expression, association and peaceful assembly, and progress to fully investigate all allegations of arbitrary arrests, enforced disappearances and criminal convictions for expressions of political opposition or criticism of State policies”; and “[u]ndertake domestic independent investigations into the disappearances and deaths of democracy and human rights activists.” Regrettably, the Lao government refused to accept most of these recommendations from the Review.[11]

The increasing number of transnational repression cases, including the recent killing of Bounsuan, indicates that both governments have not effectively implemented their human rights obligations of ensuring that human rights defenders can safely exercise their human rights and fundamental freedoms in both countries.

CALLS TO THE GOVERNMENTS OF THAILAND, LAOS AND THE INTERNATIONAL COMMUNITY

In response to the situation set out above, the undersigned organizations urgently request that:

To the governments of laos and thailand

- Immediately undertake a prompt, thorough, effective, impartial and independent investigation into the killing of Bounsuan, as well as other possible human rights violations and abuses as set out in this statement, in line with international human rights law and standards, including the Minnesota Protocol on the Investigation of Potentially Unlawful Death;

- Ensure that the investigations lead to accountability for these crimes, by identifying, prosecuting and sanctioning any responsible person or persons;

- Provide access to an effective remedy and reparation for the family and loved ones of these crimes;

- Publicly commit to preventing further persecution, intimidation and harassment, providing a safe, respectful and enabling environment for all human rights defenders and ceasing from criminalizing freedom of expression, peaceful assembly and association;

- Urgently terminate the aforementioned official agreement between both governments and any other measures enabling transnational repression of legitimate human rights activism;

TO THE DIPLOMATIC COMMUNITIES IN LAOS AND THAILAND AND DONORS
- Demand prompt and effective accountability and an end to the human rights violations that have long been shrouded in the culture of impunity in both countries;
- For governments involved in inter-governmental dialogues with Lao and Thai authorities, raise the issue of alleged transnational repression against human rights defenders in both countries and ensure to make the results of such dialogues public;

TO UN BODIES
- Ensure protection of refugees and asylum seekers living in fear of transnational repression and immediately facilitate the processing of their applications for resettlement in a third country.

LIST OF UNDERSIGNED ORGANIZATIONS
1. Amnesty International
2. Human Rights Watch
3. International Commission of Jurists
4. International Federation for Human Rights
5. Manushya Foundation
6. Focus on the Global South
7. CIVICUS: World Alliance for Citizen Participation
8. Front Line Defenders
9. Asia- Europe Peoples Forum (AEPF) International Organising Committee
10. Fresh Eyes

[1] Thai Rath,สลดหนุ่มใหญ่ นักเคลื่อนไหวชาวลาว ถูกยิงตายที่อุบลฯ คาดตามฆ่าล้างแค้น, 19 May 2023, https://www.thairath.co.th/news/crime/2695135

[2] Khaosod English, Thai Police: A Lao activist’s relatives may murder him, 21 May 2023, khaosodenglish.com/news/2023/05/21/thai-police-a-lao-activists-relatives-may-murder-him/

[3] Radio Free Asia, “Thailand-based rights activist arrested in Laos after returning to home village” 9 May 2023, rfa.org/english/news/laos/activist-returns-arrest-05092023164548.html

[4] UN Office of the High Commissioner for Human Rights, “Thailand/Lao PDR: UN experts concerned by disappearance of Lao human rights defender” 1 October 2019, ohchr.org/en/press-releases/2019/10/thailandlao-pdr-un-experts-concerned-disappearance-lao-human-rights-defender

[5] UN Office of the High Commissioner for Human Rights, Letter to the Governments of Load and Thailand (UA LAO 2/2019), 25 September, 2019, spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24867

[6] Some examples of the calls could be found at amnesty.or.th/en/latest/news/7581/ fidh.org/en/region/asia/thailand/investigate-disappearance-of-lao-activist-seeking-asylum and hrw.org/news/2019/09/07/thailand-lao-refugee-feared-disappeared

[7] Radio Free Asia, “Lao Migrant Goes Missing, Friends Suspect Government Abduction” 9 December 2019, rfa.org/english/news/laos/phetphouthon-philachane-12092019161409.html

[8] UN Office of the High Commissioner for Human Rights, Letter to the Governments of Load and Thailand (AL LAO 4/2020), 11 December 2020, spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25648

[9] UN Office of the High Commissioner for Human Rights, Minnesota Protocol on the Investigation of Potentially Unlawful Death, 2017, ohchr.org/sites/default/files/Documents/Publications/MinnesotaProtocol.pdf

[10] UN Human Rights Council, Report of the Working Group on the Universal Periodic Review: Thailand, Recommendations received from Norway, Czechia, and Italy respectively, A/HRC/49/17/Add.1, Para 19 and 51. ohchr.org/sites/default/files/2022-03/A_HRC_49_17_Add.1_AV_Thailand_E.docx

[11] UN Human Rights Council, Report of the Working Group on the Universal Periodic Review: Thailand, Recommendations received from Italy, Czechia, and the United States of America, A/HRC/44/6/Add.1, Para.6. undocs.org/A/HRC/44/6/Add.1