Lao People’s Democratic Republic - Universal Periodic Review

UPR 35, January 21, 2020
Recommendations by Canada

Overview

According to UPR Info, in the first two UPR cycles Lao PDR received 348 recommendations, of which 234 were accepted (67%). Canada’s 15 previous recommendations to Lao PDR were related to freedom of expression, enforced disappearances, and ratification of seven international instruments.

Lao PDR is an authoritarian one-party state. There is no genuine political opposition and public gatherings require pre-approval. Since the last UPR, the operating environment for civil society has become more restricted. Decree 238 (2017) has introduced burdensome requirements for registration, funding, and project approvals. This is forcing many civil society organizations (CSOs) to reconsider their presence in Lao PDR.

Enforced disappearances of human rights defenders are an escalating concern. CSOs in Lao PDR have cited the chilling effect of high-profile disappearances, in particular, the abduction of Sombath Somphone in 2012, have had on their ability to advocate for social change. Despite signing the Convention for Protection from Enforced Disappearance in 2008, Lao PDR has yet to ratify.

Lao PDR ranked 171st out of 180 countries on the World Press Freedom Index in 2019, with government exercising tight control over the media sector. In 2016, Lao PDR allowed foreign outlets to establish offices on condition they submit to state censorship. Similarly, in 2019, the government mandated that all social-media news pages register with authorities. Individuals critical of government policies have been arrested and sentenced to lengthy prison terms. Lao PDR ratified the Convention Against Torture in 2012, yet reports of alleged mistreatment persist.

Lao PDR performs well on measures of gender equality. The government’s commitment to improve education, health, and livelihood outcomes of adolescent girls is praiseworthy. That said, while Lao women generally enjoy legal equality to men and have the right to inherit property, their decision-making power is often subsidiary to their husbands’. The share of women in parliament is above the world average, but representation remains extremely limited at the highest levels of government. Women’s education is not valued as highly as that of men: in the poorest quintile, only 66 girls attend secondary school for every 100 boys.

While Lao society is generally tolerant of LGBTI persons and violent incidents are rare, Lao law does not prohibit discrimination on the basis of sexual orientation. CSOs believe that fear of repercussions leads to under-reporting of abuse. Discrimination in employment and housing persists, with no government effort to address it.

Fifty ethnic groups are recognized in Lao PDR. While the constitution prescribes equality among all groups, the Lao majority dominates the country’s political institutions. Because ethnic minorities live disproportionately in remote areas, they lack equivalent access to public services, economic and educational opportunities. The Special Rapporteur on Extreme Poverty noted in his 2019 report a failure by Lao authorities to adequately consult or compensate local populations on major infrastructure projects.

Recommendations

Thank you, Mr. President.

Canada acknowledges the Lao government's positive engagement with UN mechanisms, including the completion of national reviews under the Convention on the Elimination of Discrimination against Women, the Convention on the Rights of the Child, and the International Covenant on Civil and Political Rights through the Human Rights Committee.

Canada recommends that the Lao People’s Democratic Republic:

1. Ratify the International Convention for the Protection of All Persons from Enforced Disappearance and undertake thorough and credible investigations into all alleged cases of enforced disappearance, including the disappearance of Sombath Somphone and other human rights defenders.
2. Fully implement its obligations under the ICCPR to respect and ensure the right to freedom of expression.
3. Abolish the death penalty.
4. Take steps to increase women’s representation in politics, including by enforcing a 25% quota for women's representation at all levels of government.

Canada encourages the government to reconsider the onerous administrative provisions of Decree 238, which limits civil society in undertaking their work.