- TITLE: LAOS HUMAN RIGHTS PRACTICES, 1994
- AUTHOR: U.S. DEPARTMENT OF STATE DATE: FEBRUARY 1995 LAOS
-
- The Lao People's Democratic Republic (LPDR) is an authoritarian, one-party state
ruled by the Communist Lao People's Revolutionary Party (LPRP). The Ministry of the
Interior (MOI) remains the main instrument of state control. MOI police maintain order and
monitor Lao society and foreign nationals, including foreign officials and diplomats. The
degree of surveillance varies from province to province. Laos is an extremely poor
country. After the LPRP came to power in 1975, at least 350,000 people fled the country to
escape the Government's harsh political and economic policies. Since 1986 the Government
has largely abandoned its Socialist economic agenda. Economic reforms have moved the
country from a moribund, centrally planned system to a growing, market-oriented economy
open to foreign investment. Citizens do not have the right to change their government.
Even with ongoing economic liberalization, the adoption of a Constitution in 1991, and
National Assembly elections in 1993, the Government only slowly eased restrictions on
basic freedoms. Many of the rights stipulated in the Constitution have not been codified
with implementing legislation. In practice, the Government restricts the freedoms of
speech, assembly, and, to a lesser extent, religion, even though they are provided for in
the Constitution. In 1994 the Government eased domestic travel restrictions. Laotians do
not have the right to privacy and do not enjoy a free press. RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from: a. Political
and Other Extrajudicial Killing There continued to be occasional killings in the course of
a long-running, low-level insurgency north of Vientiane where the Hmong ethnic group
predominates. Antigovernment groups abroad have claimed repeatedly that the Lao Government
employs chemical weapons against those who oppose it. Extensive investigation of these
allegations has produced no conclusive evidence to substantiate the claims. The road
ambush is a common manifestation of the insurgency. In May an Australian hydrologist and
five Lao civilians were killed when their vehicles were attacked. In June four Lao
civilians were reportedly taken from their vehicles in an ambush on Route 13 north and
killed. In October two Lao soldiers shot two Hmong males when the latter strayed into a
restricted military zone. The Government arrested the soldiers, who at last report
remained in detention. In November the resistance reportedly killed two villagers for
collaborating with the army. In December unknown assailants killed four Lao civilian
employees of the U.N. Drug Control Program after their vehicle was stopped in an ambush.
It is often unclear whether the ambushers are politically motivated insurgents or
economically motivated bandits. b. Disappearance There were no reports of disappearances.
In September 1993, Vue Mai, a Hmong leader who in November 1992 returned voluntarily to
Laos from a refugee camp in Thailand, disappeared in Vientiane. There is no clear
explanation for his disappearance, and the Government has stated its investigation is
continuing. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The
Penal Code prohibits torture or mistreatment of prisoners, and the Government generally
observed this principle in practice. However, there were at least two incidents in which
police may have used excessive force during arrest. Jail conditions are harsh, but not
life threatening. Prison authorities deny some prisoners regular family visits, and
medical care ranges from inadequate to nonexistent. Inmates sometimes resort to bribing
their guards to obtain food and medicines. There is no independent monitoring of prison
conditions. Prison conditions for women are fundamentally similar to those for men. The
extent of sexual harassment in prison is unknown but is not believed to be a serious
problem. d. Arbitrary Arrest, Detention, or Exile The Constitution and Penal Code provide
some protections for those accused of crimes, such as a statute of limitations, but the
Government does not fully respect these provisions. Those accused of hostility toward the
regime are subject to arrest and confinement for long periods. Three former government
officials are serving 14-year sentences handed down in 1992 for advocating a multiparty
system and criticizing restrictions on political liberties. The same year, three men
detained since 1975 were sentenced to life terms for crimes allegedly committed during
their tenure as officials under the previous regime. The Government claims that three
other officials of the former government released in 1992 have chosen to remain in the
same remote province where they and the six prisoners mentioned above were held. Citizens
do not have the protection of due process and may be arrested based on unsupported
accusations, without being informed of the charges or of the accusers' identities. The
Government resorts less frequently to detention without due process for those accused of
social crimes such as prostitution, drug abuse, and gambling. Some jurisdictions are
stricter than others in this regard. The Government does not use forced exile as a means
of political control. e. Denial of Fair Public Trial Although regulations provide for
public trial, this usually amounts to public announcement of the sentence and not a true
public trial. The trial of the three former government officials now serving 14-year
sentences was not open to the public and the court's verdict was announced ex post facto,
raising serious questions about both the nature of their alleged crime and the apparent
lack of due process (see Section 1.d.). In 1994 there was at least one instance of a
public trial of four persons accused of various common crimes. Politically sensitive
trials have not been open to the public. There is provision for appeal to the provincial
courts and the Supreme Court. Senior government and party officials reportedly also review
sensitive political cases. The Constitution provides for the independence of judges and
prosecutors and protects their decisions from outside scrutiny. In practice, however, the
courts appear to accept recommendations of other government agencies, especially the MOI,
in making their decisions. The Constitution provides that all accused persons have the
right to defend themselves and that the Board of Legal Counselors has the right to provide
legal assistance to the accused. The Government suspended the Board in late 1992, pending
the introduction of rules regarding the fees and activities of private lawyers. The few
private lawyers in Laos may still provide legal counsel, at least for civil cases, but
they may not establish themselves as attorneys-at-law. Arrests, trials, and convictions
are usually unannounced, making it impossible to obtain exact figures of the number of
political prisoners. However, anecdotal reporting suggests that their ranks, reduced
substantially by the closure of reeducation camps in the 1980's, continued to decrease in
recent years. The exact number of political prisoners at year's end was unknown but might
total several hundred. f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence Concomitant with economic liberalization, the Government relaxed some
elements of state control, including its rigorous police monitoring of personal and
business activities and enforcement of the nighttime curfew. However, while the
Constitution prohibits arrests or searches in homes without possessing a warrant or
authorization, the security bureaus authorize search and seizure by themselves rather than
by judicial authority. The Government and the party continue to monitor the citizenry
sporadically through a system of neighborhood and workplace committees. The neighborhood
committees also have responsibility for maintaining public order and reporting "bad
elements" to the police. These committees usually concern themselves more with street
crime and instances of moral turpitude than with political activism. The degree of
surveillance and control varies from province to province. The Penal Code forbids
telephone monitoring without proper authorization, but the security bureaus are believed
to authorize such monitoring themselves. Monitoring of international mail and telephone
calls continued, although the increasing number of such calls limited its extent. The 1991
Constitution stipulates that the "national community" owns all land. Private
"ownership" is in the form of land use certificates, which can be bought, sold,
and transferred to heirs. Many Lao who fled the country after 1975 regained confiscated
property after demonstrating their intent to repatriate. Section 2 Respect for Civil
Liberties, Including: a. Freedom of Speech and Press Despite the constitutional provisions
for freedom of speech and the press, the Government exerts broad control over the exercise
of these freedoms and has reacted harshly to expressions of political dissent. As noted in
Section 1.d., three persons arrested in 1990 after persisting in public criticism of party
policies and calling for fundamental political and economic change each received 14-year
sentences in 1992. The Penal Code forbids slandering the State, distorting party or state
policies, and spreading false rumors conducive to disorder. It also prohibits
disseminating books and other materials that authorities deem indecent or that would
assail the national culture. All domestically produced newspapers and radio and television
are controlled by the Government. Local news in all media reflect government policy;
however, foreign news reports, including those from Western sources, are usually
translated without bias. In recent years the Government has relaxed efforts to control the
flow of information from abroad, and Thai and Western newspapers and magazines are sold in
the towns where there is demand for them. The Government makes no effort to discourage
reception of Thai radio or television broadcasts, which are widely listened to and watched
in the Mekong River valley, where the majority of the Lao population lives. In 1994 a Thai
company inaugurated a new Lao-language television station in Vientiane, but the Government
prescreens its programming. The Government requires registration of television satellite
receiving dishes and payment of a one-time licensing fee on their installation, but
otherwise makes no effort to restrict their use. In 1994 the Government announced
restrictions on videocassette imports and exports and the opening of new video shops. The
Government prohibits pornographic or politically inflammatory videocassettes. In November
the Vientiane municipal party committee imposed restrictions governing the content of
music played in night clubs and outlawed karaoke. It took these steps to strengthen Lao
culture against erosion by foreign influences, but was lax enforcing these restrictions.
The Government restricts academic freedom. Lao academicians are sometimes denied
permission to travel abroad for conferences or training. Invitations to visit and
collaborate with foreign colleagues must be approved by the Lao employer and the Ministry
of Foreign Affairs. The Government also restricts the activities of Western scholars doing
research in Laos. b. Freedom of Peaceful Assembly and Association The Government controls
and organizes most large public gatherings except for religious, athletic, and communal
events. The Penal Code prohibits demonstrations or protest marches aimed at causing
turmoil and social instability, prescribing penalties of from 1 to 5 years' imprisonment.
The Government also bans undefined "destabilizing subversive activities."
Although the Constitution provides citizens with the right to organize and join
associations, all associations are party controlled and disseminate official policy.
Foreigners are not allowed to engage in political activity or religious proselytizing.
However, contact between ordinary Lao and foreigners has increased in recent years as
restrictions, such as the requirement for government approval of invitations to most
foreigners' homes, are no longer enforced. The Government has eased the prohibition
against foreigners staying with Lao families in urban areas, and allows Lao citizens to
marry foreigners but only with prior government approval. Marriages without government
approval may be annulled, with the foreign spouse subject to fine or arrest. c. Freedom of
Religion The Constitution contains provisions for religious freedom. In practice the
Government continues to restrict freedom of religion, especially for Christians. Links
with coreligionists and religious associations in other countries require government
approval. Although the Government permits foreign nongovernmental organizations (NGO's)
with religious affiliations to work in Laos, it prohibits proselytizing. The Government
also restricts the import of foreign religious publications. The enforcement of these
regulations vary by province. For example, the Catholic Church is unable to operate in the
highlands and much of the north, but Catholics can openly attend churches and chapels in
southern Laos. Protestants operate over 100 churches throughout the country. There were
unconfirmed reports that local authorities detained some clergy for allegedly criticizing
other religions and harassed, arrested, and jailed other clergy merely because they were
Christians. The persistence of such reports underscores the continuing suspicion on the
part of authorities toward the local Christian community. By comparison, the Government
openly encourages Buddhism and supports Buddhist organizations. High-ranking government
officials routinely attend religious functions, and Buddhist clergy are prominently
featured at important state and party functions. The Government permits Buddhist festivals
without hindrance. d. Freedom of Movement Within the Country, Foreign Travel, Emigration,
and Repatriation In 1994 the Government lifted domestic travel restrictions for citizens
and foreign visitors except in unspecified prohibited or insecure areas. Most Lao can
easily obtain passports and exit permits from the Ministry of Foreign Affairs for personal
travel abroad. Border crossing permits for Lao to visit Thailand are routinely available
from local village committees for a modest issuance fee, and the Government does not
appear to interfere with persons desiring to emigrate. Except for around 30 persons
convicted in absentia in 1975 for antigovernment activities, citizens have the right of
return. The stated government policy since 1977 is to welcome back the approximately 10
percent of the population which fled after the change of government in 1975. In recent
years an increasing number of Lao living abroad returned to visit; several remained to
operate businesses. Laos, Thailand, and the U.N. High Commissioner for Refugees (UNHCR)
are cooperating on the return of the Lao asylum seekers in Thai camps who volunteer to
return to Laos. This program includes provisions for monitoring returnees to ensure they
are given the same rights and treatment as resident Lao. According to the UNHCR and
voluntary agencies, returnees are not subject to discrimination or persecution, and are
allowed back with all the belongings they accumulated while outside Laos. There were no
forcible repatriations from Laos in 1994; however, more than 5,000 Lao voluntarily
repatriated to Laos. No new Lao asylum seekers arrived in Thailand. Section 3 Respect for
Political Rights: The Right of Citizens to Change Their Government Citizens do not have
the ability to change their government despite Constitutional provisions for the public
election of National Assembly members. All candidates had to have the approval of the LPRP
before they could stand for the December 1992 National Assembly elections, no other
parties were allowed, and voting was mandatory. However, not all candidates were LPRP
members and a few non-party candidates won seats. Despite constitutional provisions for
equality, women do not play a significant role in government. Only 8 of the 85 members of
the National Assembly are women, the 52-member LPRP Central Committee includes only 2
women, and there are no women in the Politburo or the Council of Ministers. Lowland Lao
males dominate the upper echelons of the party and Government. Nonetheless, the Prime
Minister, a deputy Prime Minister, the Minister of the Interior, and 23 members of the
National Assembly are believed to be members of ethnic minority groups. Members of these
minorities often adopt lowland Lao names as they are increasingly assimilated into
mainstream Lao society, thus making it difficult to ascertain accurately the number of
ethnic minorities in any organization. Section 4 Governmental Attitude Regarding
International and Nongovernmental Investigation of Alleged Violations of Human Rights
There are no domestic human rights groups. Any organization wishing to investigate and
publicly criticize the Government's human rights policies would face serious obstacles, if
it were permitted to operate at all. Laos generally does not cooperate with international
human rights organizations. The Government has, however, permitted visits by officials of
international humanitarian organizations and has exchanged correspondence with them.
Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social
Status The Constitution provides for equal treatment under the law for all Lao citizens
without regard to sex, social status, education, faith, or ethnicity. Women There is no
pattern of widespread domestic violence against women, and reportedly sexual harassment
and rape are rare. In cases of rape that do go to court, rapists are generally prosecuted.
The Constitution provides for equal rights for women, and the Lao Women's Union, a
party-sanctioned organization, operates nationally to promote the position of women in Lao
society. However, traditional culturally-based discrimination persists, especially among
lowland Lao and some hill tribes. The Government relies on the Women's Union and youth
organizations to educate girls and young women against the schemes of recruiters for
brothels and sweatshops in Thailand and elsewhere. The Government has prosecuted some
persons for involvement in such recruiting activities and appears willing to take action
against organized prostitution. Many women occupy responsible positions in the civil
service and private business, and in urban areas their income is often higher than that of
men. The Family Code prohibits legal discrimination in marriage and inheritance. Children
Violence against other persons, including children, is prohibited by law. Reportedly
physical abuse of children is rare. Government expenditures are inadequate for children's
basic health and educational needs, and Laos' limited resources do not suggest any rapid
expansion of funds to meet those needs. National/Racial/Ethnic Minorities The Constitution
provides for equal rights for all minorities, and there is no legal discrimination against
them. However, societal discrimination persists. Approximately half the population is
ethnic Lao, also called "lowland Lao," and most of the remainder is a mosaic of
diverse upland hill tribes who are Lao citizens if born in Laos. There are also ethnic
Vietnamese and Chinese minorities, particularly in the towns. The implementation in 1994
of the 1990 Law on Nationality provided a means for these Vietnamese and Chinese
minorities to regularize Lao citizenship. While the Government encourages the preservation
of minority cultures and traditions, minority tribes have little voice in government
decisions affecting their lands and the allocation of natural resources. Hill tribe
interaction with the Government is limited by poor transportation and communication links
and a shortage of government resources. The Hmong are the largest and most prominent
highland tribe. They split along clan lines during the Vietnam war: many were strongly
anti-Communist while others sided with the Lao and Vietnamese Communists. The Government
repressed many of those who fought against it, especially those perceived to be still
resisting its authority. Reports of abuse, discrimination, and heavy-handed tactics
continue to emanate from Hmong who live in or near areas of armed resistance.
Nevertheless, an increasing number of Hmong who fled the country after 1975 have
repatriated to Laos without suffering persecution. People with Disabilities With donor
assistance, the Government is implementing limited programs for the disabled. The law does
not mandate accessibility to buildings or government services for disabled persons.
Section 6 Worker Rights a. The Right of Association Although the Constitution provides
citizens with the right to organize and join associations, the party controls all
associations and all conform to official party policy (see Section 2.b.). Subsistence
farmers comprise an estimated 85 percent of the work force. The State employs the majority
of salaried workers, although this is changing as the Government reduces the number of its
employees and privatizes state enterprises, and as foreign investors open new factories.
Under the 1990 Labor Code, labor unions can be formed in private enterprises as long as
they operate within the framework of the officially sanctioned Federation of Lao Trade
Unions (FLTU), which in turn is controlled by the LPRP. Most of the FLTU's 80,000 members
work in the public sector, overwhelmingly as public servants. Strikes are effectively, but
not categorically, forbidden and none occurred in 1994. With advice from the International
Labor Organization (ILO), the Government revised its Labor Code in an effort to clarify
rights and obligations of workers and employers. The Government agreed to the posting by
the ILO of a foreign expert to work with the Ministry of Labor and Social Welfare. The
extent to which the FLTU is free to engage in contacts and affiliate with foreign labor
organizations is unknown. b. The Right to Organize and Bargain Collectively There is no
right to organize and bargain collectively. The Labor Code stipulates that disputes be
resolved through workplace committees composed of employers, representatives of the local
labor union, and representatives of the FLTU, with final authority residing in the
Ministry of Labor and Social Welfare. The incidence of labor disputes is low. The
Government sets wages and salaries for government employees, while management sets wages
and salaries for private business employees. The Labor Code stipulates that employers may
not fire employees for conducting trade union activities or for lodging complaints against
employers about labor law implementation or for cooperating with officials on labor law
implementation and labor disputes. Workplace committees are one mechanism used for
resolving complaints. There are no export processing zones. c. Prohibition of Forced or
Compulsory Labor The Labor Code prohibits forced labor except in time of war or national
disaster, when the State may conscript laborers. d. Minimum Age for Employment of Children
Under the Labor Code, children under 15 may not be recruited for employment. However, many
children help their families on farms or in shops. The Labor Code accordingly provides
that younger children may work for their families, provided they are not engaged in
dangerous or difficult work. Such employment of children is common in urban shops, but
rare in industrial enterprises. The MOI and Ministry of Justice are responsible for
enforcing these provisions, but enforcement is ineffective owing to a lack of inspectors
and other resources. Education is compulsory through the fifth grade, but this requirement
is rarely observed in the rural areas or among the urban poor. e. Acceptable Conditions of
Work The Labor Code has provisions for a broad range of worker entitlements, including a
workweek limited to 48 hours (36 in dangerous activities), safe working conditions, and
higher compensation for dangerous work. The Code also provides for at least 1 day of rest
per week for employees. Employers are supposed to cover all expenses for a worker injured
or killed on the job, a requirement generally fulfilled by employers in the formal
economic sector. The daily minimum wage is $1.39 (1,000 kip), which is insufficient to
provide a decent standard of living for a worker and family. Most civil servants face the
problem of inadequate pay. However, few families in the monetized economy depend on only
one breadwinner. Some piecework employees, especially on construction sites, make less
than the minimum wage. Although workplace inspections reportedly increased, the Ministry
of Labor and Social Welfare lacks the personnel and budgetary resources to enforce the
Labor Code effectively. The Labor Code has no specific provision allowing workers to
remove themselves from a dangerous situation without jeopardizing their employment.
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