Laos
21.08.03
Urgent Interventions
'Laos : Open letter to the Prime Minister, Mr. Bounyang Vorachit
OPEN LETTER TO BOUNYANG VORACHIT
Prime Minister of the Lao People's Democratic Republic
Geneva, Paris, 20 August 2003
M. Prime Minister,
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
Prime Minister of the Lao People's Democratic Republic
Geneva, Paris, 20 August 2003
M. Prime Minister,
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