(Tam Nguyen has a master’s degree in international relations from The Johns Hopkins University, School of Advance International Studies.)

Introduction
Of all the mainland Southeast Asian countries, Laos is the weakest nation state and has no prospects for democratic rule in the foreseeable future. In economic terms, the country has failed to adopt a concrete development policy that would allow it to end its dependence on foreign assistance for economic growth and become self-sufficient. On the political side, there is no opportunity for multiparty governance. Every aspect of life and politics is run by a single-party authoritarian. Laos remains one of the only countries in the world to continually violate the basic human rights of its people as guaranteed under the International Covenant of Civil and Political Rights (ICCPR) despite being a signatory country to the international covenant.

This policy paper aims to review the current human rights situation in Laos and provide recommendations to improve Laos’s poor human rights record. The following are issues that need immediate attention by the Lao government: (1) religious freedom; (2) due process and the rule of law; (3) ethnic minority discrimination; and (4) freedom of expression and of the press. Laos’s past poor human rights record shows that these four issue areas remain unchanged and have become an impediment to the democratization of Laos. As a small country dependent on other countries for financial assistance, Laos cannot afford to do nothing to improve its human rights record. The deterioration of human rights in Laos continues to negatively affect the country’s access to international and regional developmental assistance, thus also decreasing its competitive opportunity in the market. Further, lack of improvement in the human rights area puts Laos at greater risk of being cut off from outside funding for social programs and foreign investment.

Assessment of Human Rights in Laos
In 2005, Freedom House, an institution that tracks political rights and civil liberties around the world, gave Laos the lowest possible score of 7 (out of 7) for political rights and the second to lowest score of 6 for civil liberties. The Freedom House’s human rights score highlights how the people of Laos are living under an extremely oppressive government in which their political rights and civil liberties are severely restricted.

Political Parties
In Laos, there is no accountability or public voice in the country’s political system. The Lao People’s Revolutionary Party (LPRP) is the only political party allowed to operate and there has been no political opposition in the country’s political system since 1975. LPRP is also the only political party recognized under the 1991 Constitution. Resembling the Vietnamese Communist Party, the LPRP’s highest governmental body is the Politburo, which serves as the head of the country’s organizational structure and is the center of all political decision making. Politburo members are senior ranking government officials who are elected by the Central Committee at the Party Congress. All members of the Politburo belong to the LPRP.[1] Unless a Politburo member resigns, he serves in the position for life.

Elections and Electoral Laws
Laos has no free and fair elections since the LPRP began its leadership in 1975. In 1988 the Supreme People’s Assembly (SPA) adopted a new Election Law which aimed to implement free and fair elections. However, the SPA failed to execute the Election Law as written due to Laos’s weak judicial system and lack of due process. Elections to the National Assembly occur every five years; operate by secret ballot; and are conducted on a first-past-the-post basis. Only members of the LPRP are eligible to run for political office and the party’s leadership approves electoral candidates.[2] Such restrictions prevent Laotians from democratically changing their government.

Effective and Accountable Government
Laos remains weak on effective and accountable governance. The 1991 Constitution was intended to promote effective, transparent, and accountable government; however, corruption, bribery, and abuse of power by government officials and within the party leadership is widespread. High-level officials, the military, and the police enjoy privileges that ordinary Laotians are denied and they benefit from illegal resource extraction such as logging and mining.[3]

Corruption by public officials associated with illegal logging is commonplace. Laos faces serious problems with illegal logging, which has contributed to the recent deforestation problem in the country. Currently, Laos is covered by approximately 40% forest. Despite a ban on teak exports, government officials continue to use their political positions to smuggle teak and rosewood out of Laos to Thailand.[4] According to Transparency International, a global coalition against corruption, Laos is rated 77 out of 158 for their corruption perceptions index (CPI) in 2005.[5]

Civic Engagement and Surveillance
The Lao government discourages civic participation, except those that promote the Party’s influence and power. The recent announcement by the Lao government for an early election of the National Assembly, set for April 30, 2006, provoked tremendous outcry from the international community. Many political and religious dissidents claimed that the decision to hold early elections unfairly disadvantaged independent and opposition candidates.[6] Further, individuals who challenge the Party line are suppressed and face fines and/or imprisonment. The Lao government actively monitors all civic activities to ensure the Party’s leadership is not challenged. The government monitors institutions such as the media, Buddhist sangha, labor unions, youth and women organizations.[7]

Freedom of Religion
The Lao government requires official authorization for all organized practice of religion, including Buddhist teaching institutions. Although other religions are practiced in Laos, Buddhism remains the predominant and the only recognized religion. Other religions and beliefs such as Christianity and animism are subjected to severe control when their adherents worship in public areas. The Lao government imprisons individuals who convert to Christianity or practice animism. Reports of forced renouncement of faith, religious repression and persecution are numerous in Laos.[8] Often, the government forces these individuals to renounce their faith or face criminal sentence.

A 2005 report by Amnesty International finds that arrests and harassment of members of the Protestant and Roman Catholic churches are widespread. According to statistics from the U.S. Department of State’s Bureau of Democracy, Human Rights and Labor (BDHRL), there are about 100,000 Protestants and 30,000 to 40,000 Roman Catholics in Laos.[9]

A case that caught international attention was that of Khamthanh Phousy. In 1995, Khamthanh Phousy, the 40-year-old army Captain from the Ministry of Defense, retired from his position in order to practice Christianity freely as a civilian. However, as Phousy submitted his resignation letter he immediately went under government surveillance. Phousy was eventually arrested after the government found out that he had been raising money to help build a village church. Phousy suffered terribly in prison; his legs were chained together and locked into a wooden stock which made it difficult for him to stand or walk; he was not allowed to eat, bathe or use the toilet. Amnesty International reported that Phousy remains jailed in Prison Camp 7. Phousy’s case was only one of a few detailed cases that reached international human rights groups. Though a small number of religious oppression go unreported, reports of some cases continue to reach nongovernmental organizations.

A March 2005 crackdown on Christians in the Bru tribes demonstrates the government’s intolerance of non-Buddhist religions. In this incident, the government arrested 24 Christians, beat and tied them to a post under a hot sun until they renounced their Christian faith.[10] Also, putting religious detainees on wooden stocks to force individuals to renounce their faith is common.[11] There have been situations where public execution was used against individuals who refused to renounce their faith.

In October 2004, district authorities and the military ordered Christians of the ethnic Khmu[12] to abruptly leave the Phiengsavat village in Thatom village near the Saisomboun Special Zone.  The Khmu Christians were given no advance notice and ordered to vacate their village within a few minutes, forcing them to leave behind almost all their personal possessions.[13] While other non-Christian Khmus were allowed to remain in the Phiengsavat village, the Khmu Christians were forced to relocate with no provisions. Organized ethnic minority groups; individuals opposed to the ideas of the Party’s leadership; and individuals practicing religions other than Buddhism;--are the usual targets for arrests and imprisonment without due process.

In 2004 the BDHRL reported that there were approximately 30 Christians arrested, down from the 50 individuals arrested the previous year. Christians are not the only group experiencing religious restriction and detention. Other tribal groups practicing animism and a growing Baha’i faith in Laos have also faced government crackdown.[14]

Due Process and the Rule of Law
Implementing due process and the rule of law in Laos continues to be a challenge. Any law created in Laos is a hybrid of French civil law and the tenets of socialism with elements of Lao traditional beliefs.[15] Existing Lao constitutional law and business regulations are arbitrarily enforced and can change without advance notice based on the particular official enforcing them.

The 1991 Constitution outlines an independent judicial process applying to all Laotians. However, very often senior government officials and party leaders control the judicial process.  Judges make their decisions on cases based on the size of bribes offered or received, while lawyers only have access to reports issued by the police or prosecutor’s office in defending their clients.  As a result, most defendants do not have access to a fair hearing or an independent lawyer, both of which are guaranteed under Laos’s own Constitution. The judicial rules are stacked against defendants before they appear in court and trials usually end in a guilty verdict against the accused. Cases concerning Lao national security, state secrets, juveniles (persons under age 16), and family law are closed to the public. The ruling party’s grip at all levels of the judiciary prevents the existence of an independent judicial system.[16]

Police arrests and searches are arbitrary and require no warrants. Arrests are made without charge and those arrested are denied access to a fair trial. Similarly, citizens of conscience are detained and jailed without due process. Some of the accused are sent to re-education camps as a form of punishment. Domestic or international detainees do not have access to family visits or consular services.[17]

Prison torture and police brutality are common. In prison, detainees are subjected to cruel punishment inflicted by prison guards that often leads to death. In August 2003, the Vientiane police arrested a former village chief Khoua Lee Her under suspicion that he harbored armed insurgents with plans to attack the Lao People’s Army (LPA). After serving two months in prison, Her died allegedly due to beatings by the police.[18] No formal charges were ever filed against Her by the police. Such arbitrary arrest and denial of due process essentially violates the international covenant to which Laos belongs—the ICCPR articles 6, 9, 14, and 16.

Ethnic Minority Discrimination
Laos is one of the most ethnically diverse despite its small population compared to other countries in the East and Pacific region. There are about 68 different ethnic minorities that fall within three major groups: Lao Loum (lowland, 60%), Lao Theung (upland, 30%), and Lao Soung (highland, 10%).

The 68 ethnic minorities of Laos live mostly in the country’s highland and mountainous regions. Of these ethnic minority groups, the Hmong continue to experience the most discrimination and unfair treatment from the current regime because they are the “remnants of an army once backed by the CIA during the Vietnam War.”[19] In recent years, the Lao government increased their controls over the movement of the Hmong group.

In 1998, the government set up a special zone resettlement area in Saisomboun for the Hmong people so that the government could easily monitor and control their movement. Instead of relocating to this new settlement area, many Hmong joined the Chao Fa group, a Hmong-led group opposing the Lao regime.[20] The exact number of Chao Fa members is unknown, but it is estimated to be more than 100,000 people dispersed throughout Laos. Since its underground establishment in 1975, Chao Fa has made series of insurgency attacks against the current government. Chao Fa activities have become a grave security concern for the Lao government.

Reports of the Lao government’s persecution of the Hmong people are common. For instance, on February 21, 2006, a veteran from Borikhamxay Province reported that a LPDR military MI-6 helicopter flew over the province and dropped three chemical bombs on a Hmong village. Machine guns were fired, injuring two women and two children. About 65 people continue to be affected by the chemical bomb.[21] This recent incident near the Laos-Vietnam border demonstrates the government’s paranoia for the Hmong and its treatment of them as a rebel group posing a security risk.

On October 6, 2004, Radio Free Asia (RFA) reported a story from a Lao Hmong refugee, Va Cha Yang, that on May 19, 2004, Lao soldiers raped and killed five young Hmong people while they were hunting for food in the Mea Nam Muak Mountain.[22] The Lao government denied the allegation and claimed that Yang fabricated the footage of the event.

Freedom of Expression and of the Press
The exercise of free speech is heavily restricted in Laos, especially for those involved in demonstrations, marches, or any protests that the regime deems an act of “turmoil and social instability.” Violations of an act of “turmoil and social instability” carry a term of up to five years in prison. A violator can face up to 20 years on top of this or face execution if he is convicted for crimes against the government.[23]

Public access to news information and media broadcasting has remained restrictive since the LPDR came to power in 1975, even though article 19 of the ICCPR and the Covenant on Civil and Political Rights (CCPR), which the LPDR signed in 2000, guarantees such liberties. The country’s leadership controls all access to news information and the media and prohibits private ownership of them. All televised or written media is broadcast under Party oversight. There are three newspapers, two television stations, one radio station, and one news agency, all of which are allowed to operate as long as their messages did not challenge the Party. Therefore, news readership with views differing from that of the LPDR is small due to the low number of newspapers in circulation.[24] All internet service providers (ISPs) are state-owned and frequent internet blockages by the government are common.

Heavy restrictions are put on foreign journalists working in Laos. In 2003, two local guides who accompanied a Belgian journalist covering Hmong issues were arrested. The guides both were sentenced to lengthy prison terms and remain in jail. To date, there has been no word of their release. Also, the government restricts what foreign journalists can cover and is not reluctant to ban journalists if they violate that restriction. Andrew Perrin, a Time Asia correspondent, was barred from re-entering Laos to cover the ASEAN Summit in 2004 because earlier he reported on the killing of five young Hmong in northern Laos in a government crackdown on the rebels.[25]

News groups and foreign journalists whose reporting reflects badly on the Party’s leadership is subjected to criminal prosecution. The Lao government’s Paxaxon even prohibits all public criticisms of Vietnam and Burma, two countries with which Laos has close relations. Furthermore, in June 2003, while investigating ethnic Hmong conditions, two European journalists were arrested for allegedly killing a village guard. The journalists were sentenced to long prison terms, but were quickly released and expelled from Laos.[26]

Policy Recommendations
The Lao government should take the following recommendations seriously in implementing policies designed to improve its human rights record. A failure to do so would undermine the Lao government’s attempt to join regional organizations that can improve the quality of life of its people. Further, if basic human rights violations remain unaddressed, then Laos would become even more isolated, putting the country’s future development at risk.

Resolution 1: Religious Freedom

Laos can do two things to address the restriction on religious freedom. Although Buddhism is the recognized religion, the regime must permit religious practice in the country as guaranteed under ICCPR’s article 18 and CESCR. First, the Lao government should provide for the village chief of each village to hold mediation programs to rectify any issues related to religious faith between different groups. This program would dismantle any misunderstanding in religious practices and mitigate any threats between religions. Second, to secure all religious beliefs and practices in the village, the Lao government should allocate funding to build a one-stop center headquartered in Vientiane to receive local complaints. All complaints should be reported to the Department of Mass Culture under the Ministry of Information. The Ministry could then send these complaints to the National Assembly for policy recommendation.

Resolution 2: Due Process and the Rule of Law

To address the lack of due process and improve the rule of law, the Lao government can start with reducing corruption. The Lao government can achieve this goal by setting up a public record system and publicly denouncing specific judges or lawyers who accept bribes in return for favorable treatment. Also, the Department of Inspection and the public should collectively work to restructure the court system. Representatives of the Department of Inspection should hold community meetings and surveys to gather public opinions on the issue of bribery. The Department should carryout the public’s suggestions when it seeks to reform the judiciary so it remains the key institution in upholding the rule of law.

Resolution 3: Ethnic Minority Discrimination

The Lao government must eliminate discrimination against ethnic minorities by forcing the local and national leadership to recognize the cultural heritage of these ethnic minorities. The government should give ethnic minorities the right to run in local and national elections. Also, the LPDR should immediately end the forced resettlement of the Hmong and other ethnic minorities into military-controlled areas. Lastly, the government must shorten the lengthy process of obtaining an exit visa for groups who wish to relocate elsewhere. The Ministry of the Interior could be charged with overseeing the program giving national recognition of ethnic minorities and the Ministry of Foreign Affairs could oversee the process of eliminating the resettlement program.

Resolution 4: Freedom of Expression and of the Press

Laos must lift its restrictions on the freedom of expression and of the press by allowing all current publication and broadcast companies to allot airtime or print space for an open community forum. The forum would allow citizens to express their opinions on any issues that concern them. Letters or phone calls submitted would be anonymous so as to eliminate the fear of government retaliation or criminal prosecution. Also, the Lao government should allow private ownership of the media. The increased competition that comes from private ownership would create more choice and, thus, expand readership in the country. The Lao government should treat criticisms as constructive, decide what issues are most pressing and address the issues by formulating appropriate policies in the National Assembly.

Conclusion
Given the Lao regime’s abysmal human rights records, the country is at a political and economic crossroad. Unless Laos takes appropriate actions to mitigate human rights issues, it would remain at risk of being politically and economically isolated from the international community. Without strong institutional changes from the Party’s leadership, Laos would continue to be a country with a feeble democratization process with little support at home and abroad.

Footnotes
[1] Funston, pp.141-144.
[2] Ibid., p.140.
[3] Piano, pp. 357-359.
[4] “Illegal logging in Southeast Asia”, Environmental Investigation Agency. Retrieved from http://www.salvonet.com/eia/old-reports/Forests/Reports/timber/timber04.html (Site active 4/16/06).
[5] “Corruption Perception Index”, country rankings. Retrieved from http://www.transparency.org. (Site active 4/16/06). Note: This year (2005) was the first year Transparency International ranks Laos. Thus, the rating of 77 out of 158 is considerably a favorable score for Laos.
[6] “Laos election fraud, political killing challenged” of Lao Veterans of America, retrieved from http://www.earnedmeida.org/lva0126.htm (Site active on 4/1/06).
[7] Funston, p.144-145.
[8] Retrieved from http://www.state.gov (Site active on 3/5/06).
[9] Bureau of Democracy, Human Rights, and Labor (U.S. Department of States), “Laos: International Religious Freedom Report 2005”. Retrieved from http://www.state.gov (Site active 4/21/06).
[10] “Country statistic”, retrieved from http://www.persecution.org (Site active 4/16/06).
[11] Amnesty International Report 2005, “The State of the World’s Human Rights”, New York: Amnesty International Publications, 2005.
Note: Wooden stocks are device originated middle Ages for public punishment and torture. Similar to the pillory, the stocks are made of hinged and wooden boards. But different from the pillory is when a person is placed on the stock, their feet, hands, and head are also locked into the wooden stock making it very difficult to move.
[12] Khmu is another ethnic minority group that lives in north and central Laos, Vietnam, and Thailand. The Khmu is divided into many subgroups which are not easy to identify culturally. In Laos, the group territory spreads from Phongsali to Pakxane in Bolikhamxay Province.
[13] Retrieved from http://www.state.gov (Site active on 3/5/06).
[14] Retrieved from http://www.state.gov (Site active on 3/5/06).
[15] Ibid., p. 141.
[16] Retrieved from http://wwww.state.gov (Site active on 3/5/06).
[17] Amnesty International Report 2003, “Laos”. Retrieved from http://www.amnesty.org (Site active on 3/5/06)
[18] Retrieved from http://wwww.state.gov (Site active on 3/5/06).
[19] Piano, Aili and Arch Puddington (eds.), Freedom in the World 2005: The Annual Survey of Political Rights and Civil Liberties, New York: Rowman and Littlefield Publishers, Inc., 2005, pp. 357-359.
[20] Gyo, Moe and Aung Zaw, “Dark Clouds over Laos”, The Irrawaddy, Volume 8, Number 6, June 2000. Retrieved from http://www.irrawaddy.org (Site active on 3/5/06).
Note: Depending on context, the term “Chao fa” has several meanings in Hmong. It can mean God’s disciples, Lords of the sky, or Freedom Fighter.
[21] “Lao and Vietnamese force continue to build up”, March 31, 2006 from Hmong Today Newspaper. Retrieved from http://www.hmongtoday.com (Site active 4/16/06).
[22] “Lao Photographer Describes Attack by Troops on Hmong Children”, October 6, 2004, Radio Free Asia. Retrieved from http://www.rfa.org (Site active 4/17/06).
[23] Ibid.
[24] “Country profile: Laos”, retrieved from http://www.newsvote.bbc.co.uk (Site active 4/3/06).
[25] “Laos: Freedom of Press”, Country Report 2005, retrieved from http://www.freedomhouse.org (Site active 4/16/06).
[26] Piano, p. 358.

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Articles and Reports
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Gives a brief summary of human rights condition in Laos. This is an annual report and is available on the internet.

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An international campaigning organization commits to investigating and exposing environmental crime since 1984.

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A nonprofit and nonpartisan organization that advocates for democracy and freedom around the world. Organization provides annual rating of political rights and civil liberties of selected countries.

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HmongToday is an online national news based in St. Paul, Minnesota about Hmong and Hmong Americans. Available in hard copy publication.

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An extensive coverage on persecutions of Christian worldwide. Include selected country profiles and human rights reports.

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Online news agency covering humanities issues in Burma and Southeast Asia.

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Organization that promotes and defends human rights and civil rights of Hmong and Lao people around the world.  Website has reports on human rights violations in Laos.

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A well-recognized coalition of organizations with 90 local chapters worldwide that measures corruption level. Coalition provides annual corruption index rankings for selected countries. Available in hard copy publication.

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