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Human rights in Laos

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The situation of human rights in Laos has often been, and remains, a recognized cause for serious concern. Laos is one of a handful of Marxist-Leninist governments and is ruled by a one-party communist government backed by the Lao People's Army in alliance with the Socialist Republic of Vietnam.

Amnesty International, The Centre for Public Policy Analysis, the United League for Democracy in Laos, Human Rights Watch, the Lao Human Rights Council and other non-governmental organizations (NGO)s have raised repeated serious concerns about the ratification record of the Laos Government on human rights standards and its lack of cooperation with the UN human rights mechanisms and legislative measures which impact negatively on human rights. They have also raised concerns in relation to disappeared civic activist Sombath Somphone, and jailed and tortured political and religious dissidents, military attacks on unarmed civilians, as well as the lack of freedom of expression, torture, poor prison conditions, restrictions on freedom of religions, protection of refugees and asylum-seekers, extrajudicial killing and rape by the Lao People's Army and security forces and the improper use of the death penalty.[1] Some officials and police have facilitated and profited from sex trafficking in Laos.[2][3]

The purported policy objectives of both the Lao communist government and international donors remain focused toward achieving sustainable economic growth and poverty reduction,[4] but restrictions on freedom of expression and association are a source of concern.[5] The barring of independent human rights monitors makes an exact appraisal of the situation impossible. In particular, the situation for groups of ethnic Hmong hiding in the jungle remains grave and leads to a steady stream of people taking refuge in neighboring Thailand. The death penalty remains in force, although no executions have been reported since 1989.[6]

The U.S. State Department reports on human rights around the world declare that most Lao trials in 2003[needs update] were little more than pro forma examinations of the accused, with a verdict having already been reached. The State Department indicated that in some instances police administratively overruled court decisions, at times detaining a defendant exonerated by the court, in violation of the law. Moreover, while Lao law prohibits torture, members of the security forces reportedly subjected prisoners to torture and other abuses. A significant issue in human rights in Laos is the presence of anti-government rebels, mainly of the Hmong ethnic minority, who have reportedly been harshly treated by the Lao government. In its 2006 report[needs update] the State Department mentions that "The government's overall human rights record worsened during the year." For more details see the report (link given below under "see also").

Official Lao position on human rights

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Officially, and in theory, the Constitution that was promulgated in 1991 under the Marxist-Leninist government contains most key safeguards for human rights. For example, in Article 8 it makes it clear that Laos is a multiethnic state and is committed to equality between ethnic groups. The Constitution also has provisions for gender equality and freedom of religion, for freedom of speech, press and assembly.[7]

On 25 September 2009, Laos ratified the International Covenant on Civil and Political Rights, nine years after signing the treaty. The policy objectives of both the Lao government and international donors remain focused toward achieving sustainable economic growth and poverty reduction.[8][9] However, systemic corruption, and illegal logging also remains a serious problem among Lao government and military officials according to Transparency International and others.

However, according to Amnesty International, Human Rights Watch, the Center for Public Policy Analysis, the United League for Democracy in Laos, the Lao Human Rights Council, the Lao Veterans of America Institute, and many human rights organizations, non-governmental organizations, and policy experts, the reality in Laos is quite different, and the Marxist government generally does not abide by its own Constitution. The Lao government in Vientiane has been frequently condemned by the US Congress, United Nations Committee on Racial Discrimination, European Parliament and human rights advocates, especially in light of the imprisonment of pro-democracy Lao student leaders in October 1999, the persecution of Hmong refugees and asylum seekers and the recent abduction and disappearance of civil society leader Sombath Somphone.[citation needed]

The Lao government maintains very close relations with the government of North Korea and its military.[10]

Death penalty

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Main article: Capital punishment in Laos

Between 2003 and 2009, at least 39 people were sentenced to death. 50 more people were sentenced to death in the year 2010.

Individual cases

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There are many individual cases of human rights violations in Laos according to NGOs and human rights advocates.

For example, two former high-ranking government officials whose imprisonment for expressing dissident political views had been much publicized by international human rights groups were released in October 2004.[11] A third dissident sentenced along with them died in prison in 1998. The three men had been arrested in 1990 for expressing concern about government policies and advocating economic and political reforms.[12]

In October 1999, 30 young people were arrested for attempting to display posters calling for peaceful economic, political and social change in Laos. Five of them were arrested and subsequently sentenced to up to 10 years imprisonment on charges of treason. One has since died due to his treatment by prison guards, while one has been released. The surviving three men should have been released by October 2009, but their whereabouts remains unknown.[1]

In 2004, a Lao Hmong refugee photographed and then smuggled video footage out of Laos of an alleged incident in which Lao government troops raped and murdered four young Hmong girls and one boy, then mutilated their bodies.[13] He denies claims by the Lao government that the video was a fabrication.

Hmong conflict and attacks on unarmed Hmong civilians

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The government of Laos has been accused of committing genocide against that country's Hmong ethnic minority.[14] Some Hmong groups fought as CIA-backed units on the Royalist side in the Laos civil war.[15] After the Pathet Lao took over the country in 1975, the conflict continued in isolated pockets.

As many as 200,000 Hmong went into exile in Thailand, with many ending up in the U.S. A number of Hmong fighters hid out in mountains in Xiangkhouang Province for many years, with a remnant emerging from the jungle in 2003.[16]

Laos and Vietnamese troops were reported to have raped and killed four Christian Hmong women in Xieng Khouang province in 2011, according to US NGO The Centre for Public Policy Analysis. CPPA also said other Christian and independent Buddhist and animist believers were being persecuted.[17][18]

Amnesty International and other NGOs, journalists and human rights advocates have documented the Lao People's Army's attacks on unarmed Hmong civilians in Laos.

Hmong refugees and forced repatriation

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In 1989, the United Nations High Commissioner for Refugees (UNHCR), with the support of the United States government, instituted the Comprehensive Plan of Action, a program to stem the tide of Indochinese refugees from Laos, Vietnam, and Cambodia. Under the plan, the status of the refugees was to be evaluated through a screening process. Recognized asylum seekers were to be given resettlement opportunities, while the remaining refugees were to be repatriated under guarantee of safety.

After talks with the UNHCR and the Thai government, Laos agreed to repatriate the 60,000 Lao refugees living in Thailand, including several thousand Hmong people. Very few of the Lao refugees, however, were willing to return voluntarily.[19] Pressure to resettle the refugees grew as the Thai government worked to close its remaining refugee camps. While some Hmong people returned to Laos voluntarily, with development assistance from UNHCR, allegations of forced repatriation surfaced.[20] Of those Hmong who did return to Laos, some quickly escaped back to Thailand, describing discrimination and brutal treatment at the hands of Lao authorities.[21]

In 1993, Vue Mai, a former Hmong soldier who had been recruited by the U.S. Embassy in Bangkok to return to Laos as proof of the repatriation program's success, disappeared in Vientiane. According to the U.S. Committee for Refugees, he was arrested by Lao security forces and was never seen again.

Following the Vue Mai incident, debate over the Hmong's planned repatriation to Laos intensified greatly, especially in the U.S., where it drew strong opposition from many American conservatives and some human rights advocates. In an October 23, 1995 National Review article, Michael Johns, the former Heritage Foundation foreign policy expert and Republican White House aide, labeled the Hmong's repatriation a Clinton administration "betrayal," describing the Hmong as a people "who have spilled their blood in defense of American geopolitical interests."[22] Debate on the issue escalated quickly. In an effort to halt the planned repatriation, the Republican-led U.S. Senate and U.S. House of Representatives both appropriated funds for the remaining Thailand-based Hmong to be immediately resettled in the U.S.; Clinton, however, responded by promising a veto of the legislation.

In their opposition of the repatriation plans, Republicans also challenged the Clinton administration's position that the Laotian government was not systematically violating Hmong human rights. U.S. Representative Steve Gunderson (R-WI), for instance, told a Hmong gathering: "I do not enjoy standing up and saying to my government that you are not telling the truth, but if that is necessary to defend truth and justice, I will do that."[22] Republicans also called several Congressional hearings on alleged persecution of the Hmong in Laos in an apparent attempt to generate further support for their opposition to the Hmong's repatriation to Laos.

Although some accusations of forced repatriation were denied,[23] thousands of Hmong people refused to return to Laos. In 1996, as the deadline for the closure of Thai refugee camps approached, and under mounting political pressure, the U.S. agreed to resettle Hmong refugees who passed a new screening process.[24] Around 5,000 Hmong people who were not resettled at the time of the camp closures sought asylum at Wat Tham Krabok, a Buddhist monastery in central Thailand where more than 10,000 Hmong refugees were already living. The Thai government attempted to repatriate these refugees, but the Wat Tham Krabok Hmong refused to leave and the Lao government refused to accept them, claiming they were involved in the illegal drug trade and were of non-Lao origin.[25]

In 2003, following threats of forcible removal by the Thai government, the U.S., in a significant victory for the Hmong, agreed to accept 15,000 of the refugees.[26] Several thousand Hmong people, fearing forced repatriation to Laos if they were not accepted for resettlement in the U.S., fled the camp to live elsewhere within Thailand where a sizable Hmong population has been present since the 19th century.[27]

In 2004 and 2005, thousands of Hmong fled from the jungles of Laos to a temporary refugee camp in the Thai province of Phetchabun.[28] These Hmong refugees, many of whom are descendants of the former-CIA Secret Army and their relatives, claim that they have been attacked by both the Lao and Vietnamese military forces operating inside Laos as recently as June 2006. The refugees claim that attacks against them have continued almost unabated since the war officially ended in 1975, and have become more intense in recent years.

Lending further support to earlier claims that the government of Laos was persecuting the Hmong, filmmaker Rebecca Sommer documented first-hand accounts in her documentary, Hunted Like Animals,[29] and in a comprehensive report which includes summaries of claims made by the refugees and was submitted to the U.N. in May 2006.[30]

The European Union,[31] UNHCHR, and international groups have since spoken out about the forced repatriation.[31][32][33][34] The Thai foreign ministry has said that it will halt deportation of Hmong refugees held in Detention Centers Nong Khai, while talks are underway to resettle them in Australia, Canada, the Netherlands and the United States.[35]

For the time being, countries willing to resettle the refugees are hindered to proceed with immigration and settlement procedures because the Thai administration does not grant them access to the refugees. Plans to resettle additional Hmong refugees in the U.S. have been complicated by provisions of President George W. Bush's Patriot Act and Real ID Act, under which Hmong veterans of the Secret War, who fought on the side of the United States, are classified as terrorists because of their historical involvement in armed conflict.[36]

On December 27, 2009, The New York Times reported that the Thai military was preparing to forcibly return 4,000 Hmong asylum seekers to Laos by the end of the year:[37] the BBC later reported that repatriations had started.[38] Both United States and United Nations officials have protested this action. Outside government representatives have not been allowed to interview this group over the last three years. Médecins Sans Frontières has refused to assist the Hmong refugees because of what they have called "increasingly restrictive measures" taken by the Thai military.[39] The Thai military jammed all cellular phone reception and disallowed any foreign journalists from the Hmong camps.[38]

Freedom of religion

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In 2023, the country was scored 1 out of 4 for religious freedom;[40] it was noted that the Lao People's Revolutionary Party controls clergy training and supervision of Buddhist temples. There have been several recent cases of Christians being briefly detained for unauthorized religious activities. The country as a whole scored 13 out of 100 for freedom in political and civil liberties.

In the same year, the country was ranked as the 31st worst place in the world to be a Christian;[41] it was noted that Christians are often seen as Western-influenced 'enemies of the state' and that leaders of unregistered churches have been arrested and detained until their families and churches pay money for their release.

See also

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References

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  1. ^ a b Amnesty International (May 2010). "Submission to the UN Universal Periodic Review: Eighth session of the UPR Working Group of the Human Rights Council". Archived from the original on 2018-11-30. Retrieved 2018-11-21.
  2. ^ "Sex Trafficking Victims Go Unnoticed in Laos". The Diplomat. March 26, 2014. Archived from the original on March 28, 2020. Retrieved March 28, 2020.
  3. ^ "Chinese marriage proposals become prostitution nightmares for some Lao girls". Radio Free Asia. February 13, 2017. Archived from the original on March 8, 2021. Retrieved March 28, 2020.
  4. ^ "World Bank: Lao PDR". Archived from the original on 2020-02-20. Retrieved 2008-07-19.
  5. ^ "Amnesty International Report 2007 • Laos". Amnesty International. June 12, 2007. Archived from the original on 2007-06-12.
  6. ^ "Document". Amnesty International. Archived from the original on 19 March 2012. Retrieved 6 March 2015.
  7. ^ In reality, however, these rights, are almost never afforded to ordinary citizens in Laos, or political or religious dissidents, or the ethnic Hmong minority, and there is no independent judiciary in Laos under the current government. Judges are appointed by the intelligence services, Lao People's Army and the one-party communist government.Constitution of the Lao PDR Archived 2018-02-19 at the Wayback Machine
  8. ^ "Lao PDR". World Bank. 2011-07-14. Archived from the original on 2020-02-20. Retrieved 2011-07-24.
  9. ^ "Constitution of the Lao PDR" (PDF). Archived from the original (PDF) on 2018-02-19. Retrieved 2011-07-24.
  10. ^ Ramani, Samuel. "The North Korean government is getting weaker and more vulnerable. That should scare you". The Washington Post. Archived from the original on 2019-12-03. Retrieved 2019-12-03.
  11. ^ "Committee on Human Rights: Former Laotian Officials Latsami Khamphoui and Feng Sakchittahong Released after 14 Years in Prison". Archived from the original on 2008-09-08. Retrieved 2008-08-22.
  12. ^ "UNESCO - UNESCO appeals for release of Laotian policial prisoner Latsami Khamphoui". Archived from the original on 3 March 2016. Retrieved 6 March 2015.
  13. ^ Lao Photographer Describes Attack by Troops on Hmong ChildrenArchived March 6, 2005, at the Wayback Machine
  14. ^ "WGIP: Side event on the Hmong Lao, at the United Nations". Unrepresented Nations and Peoples Organization. 2 November 2009. Archived from the original on 3 May 2019. Retrieved 20 April 2011.
  15. ^ Currie, L. Catherine (2008). "The Vanishing Hmong: Forced Repatriation to an Uncertain Future". North Carolina Journal of International Law and Commercial Regulation. 34: 325–370.
  16. ^ "No way out". The Times. London. 30 July 2006. Archived from the original on 18 September 2011. Retrieved 24 August 2011.
  17. ^ "Laos, Vietnam troops kill Hmong Christians". The Daily Telegraph. 16 April 2011. Archived from the original on 12 February 2013. Retrieved 24 August 2011.
  18. ^ "Laos, Vietnam troops kill four Hmong Christians: NGO". The straits Times. 16 April 2011. Archived from the original on 29 April 2011. Retrieved 24 August 2011.
  19. ^ "Laos agrees to voluntary repatriation of refugees in Thailand," U.P.I., June 5, 1991.
  20. ^ "Lao Refugees Return Home Under European Union Repatriation Program," Associated Press Worldstream, 22 11, 1994. Karen J, "HOUSE PANEL HEARS CONCERNS ABOUT HMONG," States News Service, April 26, 1994.
  21. ^ Hamilton-Merritt, Jane (1999). Tragic Mountains: The Hmong, the Americans, and the Secret Wars for Laos, 1942–1992. Indiana University Press. pp. xix–xxi.
  22. ^ a b ""Acts of Betrayal: Persecution of Hmong", by Michael Johns, National Review, October 23, 1995". Archived from the original on February 6, 2010. Retrieved May 25, 2019.{{cite web}}: CS1 maint: bot: original URL status unknown (link)
  23. ^ Reports on results of investigations of allegations concerning the welfare of Hmong refugees and asylum seekers in Thailand and Laos Refugee and Migration Affairs Unit, United States Embassy (Thailand), 1992, Retrieved 2007-07-27
  24. ^ STEVE GUNDERSON, "STATE DEPARTMENT OUTLINES RESETTLEMENT GUIDELINES FOR HMONG REFUGEES," Congressional Press Releases, May 18, 1996.
  25. ^ "Laos refuses to take back Thai-based Hmong refugees," Deutsche Presse-Agentur, August 20, 1998.
  26. ^ "Refugee Admissions Program for East Asia" Archived 2021-06-14 at the Wayback Machine Bureau of Population, Refugees, and Migration, January 16, 2004, archived January 17, 2009 from the original
  27. ^ "HMONG RESETTLEMENT TASK FORCE - HISTORY". Archived from the original on 21 October 2008. Retrieved 6 March 2015.
  28. ^ Morris, Kylie (July 28, 2005). "Hmong refugees pleading to stay". BBC News. Archived from the original on June 10, 2021. Retrieved May 4, 2010.
  29. ^ Hunted like animals Archived 2011-01-05 at the Wayback Machine Rebecca Sommer Film Clips
  30. ^ REPORT on the situation in the Xaysomboun Special Zone and 1100 Hmong-Lao refugees who escaped to Petchabun, Thailand during 2004-2005 Archived 2012-04-06 at the Wayback Machine Rebecca Sommer, May 2006
  31. ^ a b Thailand: EU Presidency Declaration on the situation of Hmong refugees Archived 2010-03-12 at the Wayback Machine EU@UN, February 1, 2007
  32. ^ "Hmong refugees facing removal from Thailand". Amnesty International. Archived from the original on 13 October 2007. Retrieved 6 March 2015.
  33. ^ [1][permanent dead link‍] Earth Peoples, January 30, 2007
  34. ^ Hmong: UNHCR Protests Refugee Deportation Archived 2021-02-25 at the Wayback Machine Unrepresented Nations and Peoples Organization, February 5, 2007
  35. ^ "Thailand halts Hmong repatriation". BBC News. January 30, 2007. Archived from the original on February 24, 2021. Retrieved May 4, 2010.
  36. ^ http://www.philly.com/mld/inquirer/news/nation/16736791.htm?source=rss&channel=inquirer_nation [dead link‍]
  37. ^ Mydans, Seth (December 28, 2009). "Thailand Begins Repatriation of Hmong to Laos". The New York Times. Archived from the original on May 10, 2013. Retrieved May 4, 2010.
  38. ^ a b "Thailand starts deporting Hmong refugees back to Laos". BBC News. 2009-12-28. Archived from the original on 2020-11-09. Retrieved 2009-12-28.
  39. ^ BURNING ISSUE: Don't Just Voice Concerns, Offer Solutions Archived 2012-03-06 at the Wayback Machine The Nation, December 23, 2009
  40. ^ Freedom House website, retrieved 2023-08-08
  41. ^ Open Doors website, retrieved 2023-08-08
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