This page summarizes cases raised with Laos by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Laos.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Laos, English).
None
Observations
The Special Rapporteur thanks the Government of the Lao People‟s Democratic Republic for its responses to his communication dated 20 December 2012. He however regrets that the Government did not respond to his other communication also dated 20 December 2012. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in these communications.
The Special Rapporteur remains deeply concerned about the case of Mr. Sompath Somphone, and urges the authorities to do its utmost to locate his whereabouts.
The Special Rapporteur urges the authorities to take all relevant measures to ensure that any individual and legal entity can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances.
The Special Rapporteur reiterates his concerns that the expulsion of Ms. Anne-Sophie Gindroz from the Lao People‟s Democratic Republic may have been linked to the exercise of her rights to freedom of opinion, expression and association.
The Special Rapporteur refers to Human Rights Council resolution 21/16, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of the Lao People‟s Democratic Republic of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur thanks the Government of the Lao People’s Democratic Republic for its replies to his communications.
The Special Rapporteur remains deeply concerned about the case of Mr. Sompath Somphone. He takes note of the response from the Government that the investigation is ongoing and that perpetrators will be brought to justice. A year and a half after Mr. Somphone’s disappearance, the Special Rapporteur urges again the authorities to do their utmost to locate his whereabouts. He reiterates the concerns that he voiced publicly jointly with other special procedures mandate holders on 16 December that Mr. Somphone’s disappearance might have a chilling effect on human rights defenders operating in the country, owing to his high profile at the national and international levels.[1]
More generally, the Special Rapporteur recommends that the Government put in place an enabling and safe environment that is conducive to the free expression of civil society allowing individuals to exercise their legitimate right to freedom of association without undue hindrances.
With regard to the draft Guidelines for the implementation of the Prime Minister’s Decree on International Non-Governmental Organizations, the Special Rapporteur welcomes the assurances from the Government of Lao PDR in its reply of 6 December 2013 that these Guidelines are a work in progress in consultation with all development partners and stakeholders, including international non-governmental organizations working in the country. In this regard, he stands ready to provide technical assistance to ensure that the guidelines comply with international human rights norms and standards governing freedom of association.
In this context, the Special Rapporteur reminds the Government of the Lao People’s Democratic Republic of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks… and to consider favourably his or her requests for visits”.
[1] “A year on, the enforced disappearance of Sombath Somphone continues with impunity in Lao PDR” (16/12/2013): http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14103&LangID=E
Observations
Responses to communications
The Special Rapporteur regrets to not have received a response to his communication and recalls that responses to his communications are an important part of the cooperation of Governments. He looks forward to receiving detailed responses to the questions raised in his communication at the earliest possible convenience, in accordance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010) on the rights to freedom of peaceful assembly and association that call upon States to cooperate fully with and assist him in the performance of his mandate and to respond promptly to his communications.
Environment in which these rights are exercised
The Special Rapporteur reiterates his upmost concern regarding to the disappearance of human rights defender and land activist Mr. Sombath Somphone in December 2012. Further to his various communications, press releases and reports to the Human Rights Council, he urges again the authorities to carry out an independent, thorough and effective investigation to locate his whereabouts, bring perpetrators to justice and ensure that victims receive adequate compensation. He expresses serious concern about the stagnant investigations and widespread chilling effect that the disappearance of a high profile human rights defender may have on others. The Special Rapporteur calls on the authorities to put in place an enabling and safe environment that is conducive to the free expression of civil society and the exercise of the right to freedom of association without undue hindrance.
Decree No. 327 on Internet-Based Information Control/Management
The Special Rapporteur remains very concerned by vague or ambiguous provisions of the aforementioned Decree No. 327, which seek to develop principles and procedures to manage information through the Internet. Controverted provisions include the prohibitions to disseminate “false or misleading information” or to promote “untrue information”, which allow for arbitrary interpretations that could seriously limit the free exercise of fundamental freedoms on the Internet. The Special Rapporteur believes that the risk of violating the rights under his mandate is even greater if the laws that govern them are vague since the citizens’ fears of breaking the law can lead to self-silencing.
He takes this opportunity to call upon the Lao People’s Democratic Republic to refrain from passing or implementing laws, as well as validating practices that seriously impede the enjoyment of fundamental rights. Moreover, he urges the authorities to uphold their international human rights commitments, namely to respect and promote the provisions contained in the International Covenant on Civil and Political Rights, ratified by the State on 25 September 2009, which include the rights to peaceful assembly and association. In this regard, he stands ready to provide technical assistance to ensure that State’s normative framework complies with international human rights norms and standards governing the freedoms of association and assembly.
In relation to the use of the Internet, the Special Rapporteur calls on the authorities to guarantee an unhampered access to the Internet and echoes Human Rights Council resolution 26/13 on the promotion, protection and enjoyment of human rights on the Internet.
Country visit
The Special Rapporteur reminds the Government of his willingness to undertake a country visit to the Lao People’s Democratic Republic, as indicated by his letters on 12 December 2011 and 30 October 2013. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both urge the States to consider favourably his requests for visits.
Observations
Response to communication
The Special Rapporteur regrets that he has not yet received a response to his communication sent during the reporting period, and reminds the Government of the Lao People’s Democratic Republic that he considers responses to his communications as an important part of the cooperation of governments with his mandate. He looks forward to receiving detailed responses to the questions raised in this letter, at the earliest possible convenience, in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
The Special Rapporteur reiterates his concern that numerous provisions contained in the draft Decree do not comply with international human rights law and standards pertaining to the freedom of opinion and expression and freedom of association, including the ability for associations to operate freely without State’s undue interference.
The Special Rapporteur further reiterates his utmost concern about the disappearance of human rights defender and land activist Mr. Sombath Somphone in December 2012. Further to his various communications, press releases and reports to the Human Rights Council, he urges once again the authorities to shed full light on his whereabouts, bring the alleged perpetrators to justice, and provide remedies to his family.
Overall, the Special Rapporteur urges the authorities of Lao People’s Democratic Republic to protect and promote the rights to free association and peaceful assembly. In this regard, he reminds the Government of its positive obligation to ensure that civil society, including human rights defenders and political activists, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation, harassment or assassination of any sort.
Country visit
The Special Rapporteur reminds the Government of his pending requests to visit the Lao People’s Democratic Republic, as indicated by his letters on 12 December 2011 and 30 October 2013. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call on States to consider favourably his requests for visits.
Observations
Responses to communications
The Special Rapporteur regrets that he has not yet received a response to his communication sent during the reporting period, and reminds the Government of the Lao People’s Democratic Republic that he considers responses to his communications as an important part of the cooperation of governments with his mandate. He looks forward to receiving detailed responses to the questions raised in this letter, at the earliest possible convenience, in conformity with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010).
The Special Rapporteur reiterates his utmost concern at the arbitrary arrest, detention, and disappearance of Mr. Somphone Phimmasone, Mr. Soukane Chaithad, and Ms. Lodkham Thammavong, apparently in retaliation for their peaceful and legitimate human rights work and exercise of their rights to freedom of expression and freedom of peaceful assembly. He urges the Government to inform the families of the above mentioned individuals about their whereabouts and the location of their detention, and to provide these individuals with access to effective legal counsel.
Overall, the Special Rapporteur urges the authorities of the Lao People’s Democratic Republic to protect and promote the rights to free association and peaceful assembly. In this regard, he reminds the Government of its positive obligation to ensure that civil society, including human rights defenders and political activists, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation, harassment or assassination of any sort.
Country visit
The Special Rapporteur reminds the Government of his pending requests to visit the Lao People’s Democratic Republic, as indicated by his letters on 12 December 2011 and 30 October 2013. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call on States to consider favourably his requests for visits.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
