The International Federation for Human Rights (FIDH) and the World Organization Against Torture (OMCT), in the framework of their joint program the Observatory for the Protection of Human Rights Defenders, would like to express their deepest concern with regard to the serious restrictions to freedom of expression, demonstration and association in Laos, all enshrined in the Universal Declaration on Human Rights and in the International Covenant on Civil and Political Rights which Laos signed in December 2000.
Article 31 of the Laos Constitution states that "Lao citizens have the right and freedom of speech, press and assembly; and have the right to set up associations and to stage demonstrations which are not contrary to the law." These rights are limited by the Lao Penal Code which forbids to slander the State, distort party or state policies, incite disorder, or propagate information or opinions that weaken the State and participation in an organization for the purpose of demonstrations, protest marches, or other acts that cause "turmoil or social instability", providing for imprisonment of between one and five years.
According to the information received by the Observatory the use that is being made of these restrictions seems to impede any space for expression of Lao human rights defenders, in contradiction with article 1 of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998 that provides that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels". Indeed, any person who dares express positions that are contrary to official positions or ask for democratic reforms faces systematically risks of arrest and detention.
In this regard, the Observatory is particularly concerned about the fate of Lao nationals who attempted to exercise their rights to freedom of expression and demonstration and who remain in detention. These include five members of the ’’Lao Students Movement for Democracy of 26 October 1999", arrested in October 1999. According to the information received, Thongpaseuth Keuakoun, Khamphouvieng Sisaath, Seng-Aloun Phengphanh, Bouavanh Chanhmanivong and Keochay were among a group of people who had attempted to publicly call for the respect of human rights, the release of political prisoners, a multi-party political system and elections for a new National Assembly.
Some other people who participated in similar gatherings have simply "disappeared" as is the case of 15 people, arrested during a demonstration in Champassak Province, in November 2000, and whose whereabouts remain unknown. This is also the case of about 20 civil servants, teachers and students who took part in a pro-justice and pro-human rights gathering, in Paksé (Champassak Province), in October 2001. After being detained in a detention center of the special police, they were led to an unknown place and no more information have been heard of them since then.
The Observatory is also very concerned by the serious restrictions of freedom of association in Laos. Indeed, there is still no possibility of establishing rights monitoring human rights groups inside the country. If the Constitution provides citizens with the right to organize and join associations, this right is severely restricted in practice. The Government registers and controls all associations and prohibits associations that criticize it. This violates article 5.b of the UN Declaration on Human Rights Defenders, which stipulates that "for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels "to form, join and participate in non-governmental organisations, associations or groups". On the political level, political groups other than popular front organizations approved by the LPRP are forbidden. In fact, article 3 of the Constitution imposes the LPRP as the leading nucleus of the Lao political system.
In the economic and social field, trade union freedom does still not exist. Even though the 1994 Labour Code states that "workers and employers shall have the right to organize and belong to any mass and social organization that has been formed lawfully" the practice shows that the government does not register workers’ organizations that are not affiliated to the Lao Federation of Trade Unions (LFTU), the single national centre, which is directly controlled by the Lao People’s Revolutionary Party (LPRP). There is virtually no workers’ representation on the joint ventures funded by private capital, despite a requirement in Article 11 of the Labour Code that a trade union must be established in "all labour units in accordance with specific regulations of the sectors concerned."
The Observatory reminds that Laos signed the International Covenant on Economic and Cultural Rights in 2000. However, the Observatory regrets that Laos has still not ratified this instrument and that the Laos authorities have taken no action regarding the two core ILO Conventions on freedom of association (n°87 and n°98).
The Observatory for the Protection of Human Rights Defenders calls on Laos authorities to take the present submission into account and to release all persons arbitrarily detained in violation of freedom of expression, to provide information on the whereabouts of all the people who have disappeared following their arrests in pro-democratic demonstrations and to conform with the Universal Declaration on Human Rights and the UN Declaration on Human Rights Defenders, which all guarantee freedom of expression, demonstration and association. Furthermore, the Observatory for the Protection of Human Rights Defenders urges Laos authorities to ratify the International Covenant on Civil and Political Rights and the International Covenant for Economic, Social and Cultural Rights.
We thank you for your attention. We remain,
Sidiki KABA
President of FIDH
Eric SOTTAS
Director of OMCT