Situation of minorities remains dire as Laos goes before the UN Committee on Elimination of Racial Discrimination
Geneva-Paris-Bangkok, 27 February 2012. Although Laos has become a State party to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) since 1974, ethnic minority groups in the country continue to face discrimination and their basic rights and freedoms are subject to a range of limitations that are incompatible with Laos’ obligations under international law, said the International Federation for Human Rights (FIDH) and its member league the Lao Movement for Human Rights (MLDH).
Laos will go before the UN Committee on the Elimination of Racial Discrimination (CERD) this week in Geneva to report on its compliance with the ICERD. In an alternative report submitted to the Committee, MLDH points to the discrepancy between State rhetoric of ethnic equality and the reality on the ground, which is characterized by a range of discriminatory practices that seriously undermine the rights of ethnic minorities to equality and to freedoms of expression, assembly, association and religion. The report reveals that discrimination is directed not only against the Hmong but also against other minorities such as the Mien, the Khmu and the Oïe. Individuals belonging to an ethnic and religious minority group suffer double discrimination.
The situation of the Hmong in Laos is of particular concern. The government is “maintaining its exactions against the Hmongs because of the military alliance of their parents or their grand-parents had with the United States during the Vietnam War,” said the report. While exact numbers are difficult to obtain, it is estimated that 2000-3000 Hmongs are still hiding in the jungle in the Saysomboun region in northern Laos. The detention and disappearance of several Hmong men who left the jungle and surrendered themselves to the authorities since 2005 have created a climate of mistrust among those still holding out in the jungle, for fear that they would be persecuted by the government if they deliver themselves to the authorities. Most of the estimated 2000 Hmongs who surrendered to the authorities are placed in camps rather than allowed to return to their villages. Access to these surrendered Hmongs by independent humanitarian and human rights monitors are routinely denied.
Approximately 4700 Lao-Hmongs were forcibly repatriated by the Thai authorities to Laos at the end of 2009, including 158 Lao-Hmongs who had obtained refugee status. These repatriated Lao-Hmongs are placed in the camps of Phonekham, Bolikhamsay province and in the camps of Phalak and Nongsan, Vientiane province. The Laotian government has consistently denied access to these camps by independent international monitors. The only visit by foreign journalists and diplomats in March 2010 was orchestrated by the authorities and did not allow for free and unsupervised conversations to ascertain their treatment at the hands of the authorities.
“As the host to the 9th Asia-Europe Summit (ASEM) this year in Vientiane in November, the government of Laos has an unprecedented opportunity to embark on a new course and demonstrate its commitment to the international community that it is ready to take actions to improve its human rights records, especially regarding the situation of the Hmongs,” said Souhayr Belhassen, FIDH President.
“Laos should take all necessary steps to ensure existing laws are in compliance with ICERD and other international treaties it has ratified and that government at all levels cease discrimination against ethnic minorities in law and in practice,” stressed Vanida S. Thephsouvah, President of MLDH. “The government should enact bold political reforms to strengthen the rule of law so as to lay down the institutional building blocks for the emergence of democratic culture and institutions, which in turn serve as the best check against state-sanctioned discrimination against minorities.”
The constitution and some laws and policies protect religious freedom; however, other laws and policies restricted this right in practice. The prime minister's Decree on Religious Practice (Decree 92) is the principal legal instrument defining rules for religious practice; it institutionalizes the government's role as the final arbiter of permissible religious activities. Although this decree has contributed to greater religious tolerance since it was promulgated in 2002, authorities, particularly at the provincial and district levels, have sometimes used its many conditions to restrict some aspects of religious practice.
During the reporting period, the overall status of respect for religious freedom continued to be mixed. As during previous reporting periods, officials in urban areas tended to show more acceptance of minority religious practice, with difficulties more frequently encountered in rural areas. The law does not recognize a state religion; however, the government's financial support and promotion of Buddhism, along with its willingness to exempt Buddhist groups from a number of restrictions, gave the religion an elevated status. In most areas officials typically respected the constitutionally guaranteed rights of members of most religious groups to worship, albeit within strict constraints imposed by the government. Authorities in some of the country's 17 provinces continued to be suspicious of non-Buddhist religious communities and occasionally displayed intolerance for minority religious groups, particularly Protestants, whether or not they were officially recognized.
Local officials reportedly interfered with the right of Protestants to worship in a number of locations, particularly in Luang Namtha, Savannakhet, and Saravan Provinces, and Vientiane City. Arrests and detentions of Protestants reportedly occurred during the reporting period in Luang Namtha and Khammouan Provinces. Local officials reportedly pressured Protestants to renounce their faith on threat of arrest or forceful eviction from their villages in Salavan and Luang Namtha Provinces.
There were reports of societal abuses or discrimination based on religious affiliation, belief, or practice. Conflicts between ethnic groups and between villagers forced to relocate to new areas were sometimes exacerbated by religious tensions. Proselytizing and rights to village resources were particular points of contention. Frictions also arose over the refusal of some members of minority religious groups, particularly Protestants, to participate in local Buddhist or animist religious ceremonies.
The U.S. government regularly raises specific religious freedom cases with the government as part of its overall policy to promote human rights. The embassy also maintained frequent contact with a wide range of religious leaders. Official visitors from the U.S. government reinforced embassy efforts by raising religious freedom issues during their meetings with government officials.
Section I. Religious Demography
The country has an area of 85,000 square miles and a population of 6.3 million. Theravada Buddhism is the faith of nearly all ethnic or "lowland" Lao, who constitute 40 to 50 percent of the overall population of the country. The remainder of the population belongs to at least 48 distinct ethnic minority groups. Most of these ethnic minorities are practitioners of animism and ancestor worship. Animism is predominant among most Sino-Thai groups, such as the Thai Dam and Thai Daeng, as well as among Mon-Khmer and Burmo-Tibetan groups. Even among lowland Lao, many pre-Buddhist animistic beliefs have been incorporated into Theravada Buddhist practice. Roman Catholics and Protestants constitute approximately 2 percent of the population. Groups that together constitute less than 1 percent of the population include the Bahai Faith, Islam, Mahayana Buddhism, and Confucianism. A very small number of citizens follow no religion.
Theravada Buddhism is by far the most prominent organized religion in the country, with more than 4,000 temples serving as the focus of religious practice and the center of community life in rural areas. In most lowland Lao villages, religious tradition remains strong. Most Buddhist men spend some part of their lives as monks in temples, even if only for a few days. There are approximately 20,000 monks in the country, more than 8,000 of whom have attained the rank of "senior monk," indicating years of study in temples. In addition more than 400 nuns, many of whom are older widows, reside in temples throughout the country. The Lao Buddhist Fellowship Organization (LBFO) is under the direction of a supreme patriarch who resides in Vientiane and supervises the activities of the LBFO's central office, the Ho Thammasapha.
Although officially incorporated into the dominant Mahanikai School of Buddhist Practice after the communist Pathet Lao came to power in1975, the Thammayudh sect of Buddhism still maintains a following in the country. Abbots and monks of several temples, particularly in Vientiane, reportedly follow the Thammayudh School, which places greater emphasis on meditation and discipline.
There are four Mahayana Buddhist temples in Vientiane, two serving the ethnic Vietnamese community and two serving the ethnic Chinese community. Buddhist monks from Vietnam, China, and India have visited these temples freely to conduct services and minister to worshippers. There are at least four large Mahayana pagodas in other urban centers and smaller Mahayana temples in villages near the borders of Vietnam and China.
Catholic leaders estimate there are approximately 45,000 Catholics, many of whom are ethnic Vietnamese, concentrated in major urban centers and along the Mekong River in the central and southern regions. The Catholic Church has an established presence in five of the most populous central and southern provinces, and Catholics are generally able to worship openly. No ordained Catholic priests ministered in the north, and the church's activities there remain restricted. There are four bishops, two located in Vientiane Municipality and the others in Thakhek city in Khammouan Province and Pakse city in Champasak Province. One of the bishops oversees the Vientiane Diocese and is responsible for the central part of the country. The second bishop resident in Vientiane is the Bishop of Luang Prabang; he is assigned to the northern part of the country. An informal Catholic training center in Thakhek prepares a small number of priests to serve the Catholic community. Catholic personnel have also been able to travel to Thailand, Australia, and the Philippines for training. Several foreign nuns temporarily serve in the Vientiane Diocese and work with families, the elderly, and youth.
The Protestant community has grown rapidly over the past decade, and Lao Evangelical Church (LEC) officials estimate that Protestants number as many as 100,000. More than 400 LEC congregations conduct services throughout the country. The LEC maintains properties in the cities of Vientiane, Savannakhet, and Pakse, and LEC officials confirm that the authorities in all three locations recognize LEC ownership. Many Protestants are members of ethnic Mon-Khmer groups. Protestantism also has expanded rapidly in the Hmong and Yao communities. In urban areas Protestantism has attracted many lowland Lao followers. Most Protestants are concentrated in Vientiane Municipality and in the provinces of Vientiane, Sayaboury, Luang Prabang, Xiang Khouang, Bolikhamsai, Savannakhet, Champasak, and Attapeu. Seventh-day Adventists number slightly more than 1,200 countrywide, the majority of whom reside in Vientiane Municipality.
Christian groups that have some following, but which are not recognized by the government, include Methodists, Jehovah's Witnesses, the Church of Christ, Assemblies of God, Lutherans, The Church of Jesus Christ of Latter-day Saints (Mormons), and Baptists. Official membership numbers are not available.
Three informal churches, one each for English-speakers, Korean-speakers, and Chinese-speakers, serve Vientiane's foreign Protestant community.
There are approximately 400 adherents of Islam, the vast majority of whom are foreign permanent residents of South Asian or Cambodian (ethnic Cham) origin. There are two active mosques in Vientiane, where the majority of Muslims reside. The Vientiane mosques follow the Sunni branch of Islam, but both are open to visits by Shia as well.
Bahai leaders estimated their community has 8,500 adherents. A nine-member Bahai National Spiritual Assembly oversees Bahai activities including its five centers: two in Vientiane Municipality, one in Vientiane Province, one in Savannakhet Province, and one in Paksane District of Bolikhamsai Province.
Small groups of Confucianists and Taoists practice their beliefs in the larger cities.
Section II. Status of Government Respect for Religious Freedom
UNPO UN Reports Highlight Persecution Of Indigenous Peoples In Vietnam and Laos
UNPO Alternative Report to the UN Committee on the Elimination of Racial Discrimination draws attention to severe human rights violations faced by indigenous peoples in Vietnam and Laos.
On the occasion of the 80th Session of the UN Committee on the Elimination of Racial Discrimination, UNPO has submitted two reports with highlight the state persecution faced by indigenous and minority populations in Vietnam and Laos. Both Vietnam and Laos, as signatories to the International Convention on the Elimination of Racial Discrimination, are legally bound to adopt all necessary measures for eliminating racial discrimination in all its forms, and to prevent racist doctrines and practices to promote the building of an international community free of all segregation and discrimination. However, Alternative Reports submitted by UNPO and groups representing the Degar Montagnard, Khmer Krom, and Hmong communities describe systematic infringements on these principles towards indigenous people and minority populations in Vietnam and Laos.
UNPO’s reports detail several main issues that disproportionately affect these communities, including the lack of religious freedom and security of person, and disregard for principles of non-refoulement. In Vietnam, the Degar Montagnards, Khmer Krom and Hmong each constitute a religious minority that has experienced state oppression justified by convoluted legislation. Vietnam requires religions to be approved and registered by the state lest they be labeled illegal. The Khmer Krom experience intrusions into their temples and institutions by state police and laws forbidding texts in their native Khmer language. Degar Montagnard communities have faced police violence for worshipping in ‘unregistered church houses’ and refusing to renounce their religious beliefs. Vietnamese authorities have also organized military campaigns to eradicate Protestantism among the Hmong.
According to the report, Vietnam and Laos are especially egregious violators of the principles of non-refoulement and non-expulsion of refugees and asylum seekers. Both the Vietnamese and Laotian governments have military collaboration agreements with each other and bilaterally with neighboring countries such as Thailand and Cambodia to forcefully repatriate Hmong, Degar Montagnards and Khmer Krom who flee their respective countries in search of sanctuary from repressive policies against them. Civil society organizations and international institutions such as the United Nations have expressed their grave concerns about the status of individuals detained and forced to return to a country where they can expect violent retaliation.
UNPO’s reports each propose a series of recommendations to be posited to the Vietnamese and Laotian delegations at the 80th Session of the CERD. Below is a selection of recommendations from both reports:
Formally recognize the Degar Montagnards and the Khmer Krom as indigenous peoples of Vietnam, and respect the distinct rights afforded to them by the UN Declaration on the Rights of Indigenous Peoples
Formally recognize the Hmong as an indigenous people of Laos and respect the distinct rights afforded to them by the UN Declaration on the Rights of Indigenous Peoples
Formally endorse and ratify the International Labor Organization Convention 169 on Indigenous and Tribal peoples
End the forceful repatriation of indigenous peoples and ethnic minorities seeking refuge
Amend domestic law provisions that criminalize certain religious activities on the basis of imprecisely-defined crimes of national security.
Each of the full reports can be downloaded from this page. Further information related to the review at the 80th Session of the Committee on the Elimination of Racial Discrimination can be found