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TITLE: LAOS HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
LAOS
The Lao People's Democratic Republic (LPDR) is a Communist,
one-party state. The Lao People's Revolutionary Party (LPRP)
is the primary source of political authority in the country.
The party's leadership imposes broad controls on Laos' 4.5
million people.
The Ministry of the Interior (MOI) remains the main instrument
of state control. MOI police monitor Lao society and foreign
nationals in Laos, and the LPRP uses informants in workplaces
and residential communities.
Laos is one of the world's poorest and least developed
countries. In the first few years after the LPDR came to power
in 1975, at least 350,000 Lao fled the country to escape the
Government's harsh political and economic policies. Since
then, 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.
Even with the ongoing economic liberalization, the adoption of
a Constitution in 1991, the death of the LPRP's longtime leader
in November 1992, National Assembly elections the following
month, and a government reorganization in February 1993,
restrictions on basic freedoms have eased only a little in
recent years. The right to privacy and the right of citizens
to change their government are absent.
The Constitution is the supreme legal document, but in many
instances there is no or inadequate implementing legislation.
Freedoms of speech, assembly, and religion are restricted in
practice even though provided for in the Constitution. At the
same time, however, the Government has been working to develop
a legal system with a codified body of laws consistent with the
Constitution and its economic and legal reform policies.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political killing by the Government in
1993, although police were involved in one confirmed
extrajudicial killing. In April police in Vientiane shot and
killed an unarmed teenager at a roadblock set up to check for
vehicle registrations. The policemen involved are in prison
but have not yet been tried.
Extrajudicial killings have also occurred in the context of the
continuin insurgency. Drawing primarily from Hmong tribesmen
supported by their brethren in Thailand and abroad, the
low-level insurgency that has existed since 1975 continued in
1993 in spite of the December 1992 closing of a refugee camp
near the Laos border in Thailand and enhanced Thai efforts to
prevent use of that country as a base for insurgent attacks
into Laos. In 1993 there were reports of insurgent attacks to
the east and the west of their traditional area of operations
north of Vientiane and south of Luang Prabang. Both sides have
reportedly used brutal tactics on occasion, with the insurgents
occasionally assassinating military and local officials,
ambushing vehicles, and attacking villages. They reportedly
killed about 15 persons in a road ambush in April and 7 Lao
road construction workers in May. The insurgents, in turn,
have claimed repeatedly that the Government employs chemical
weapons against them, but extensive investigation of these
allegations have produced no conclusive evidence to support
these claims.
b. Disappearance
In September Vue Mai, a Hmong leader who in November 1992 had
returned voluntarily to Laos from a refugee camp in Thailand to
seek a settlement site for his family and adherents,
disappeared in Vientiane. The Government said its
investigation produced no solid leads, and there was no
evidence to implicate LPDR officials in Vue Mai's
disappearance. In 1991 Vue Mai had been evacuated from a
refugee camp in Thailand. A grenade was thrown at his house in
the camp after he spoke out in favor of voluntary repatriation,
which the Lao insurgents have opposed.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Penal Code prohibits torture or mistreatment of prisoners,
and the police do not appear to use torture or abuse during
arrest and detention. Jail conditions, however, are harsh, and
prisoners are routinely denied family visitations and proper
medical care. Prisoners in some jails reportedly must resort
to bribing their guards to obtain food and medicines.
d. Arbitrary Arrest, Detention, or Exile
Those accused of hostility to the regime are subject to arrest
and confinement for long periods. Three former government
officials continued to serve their 14-year sentences for
advocating a multiparty system and criticizing restrictions on
political liberties. Three men who had been detained since
1975 were serving life sentences handed down in 1992 for
various crimes allegedly committed during their tenure as
officials under the previous regime. Three other officials of
the former government continued to remain in the remote
province where they had been detained, raising questions about
their freedom of movement.
Reportedly in December 1992 a Lao student was detained by the
Lao Embassy in Moscow for his alleged opposition to the LPRP
and then flown against his will under official escort to Laos,
where he was detained for 7 days and then released.
The Constitution and Penal Code contain some protection for
those accused of crimes, such as a statute of limitations;
however, these protections have not been effectively
implemented. Arrests, trials, and convictions are frequently
not announced, making it impossible to obtain exact figures of
the number of political prisoners. People may be arrested on
unsupported accusations and without being informed of the
charges or of the accusers' identities. Those accused of what
the Government calls "socially undesirable habits" such as
prostitution, drug abuse, and vagrancy are subject to arrest
and detention in "rehabilitation centers," usually without
public trial. Most of those sent to rehabilitation centers are
allowed to return home after a confinement that typically
includes forced labor, political indoctrination, and admission
of guilt.
e. Denial of Fair Public Trial
Although regulations call for judgment to be given in public,
this amounts to public announcement of the sentence and not a
true public trial. There is some provision for appeal, and the
Council of Ministers must approve death sentences. Reportedly
there is also high-level review of other important political
cases. Under the Constitution, judges and prosecutors are
supposed to be independent and their decisions not subject to
outside scrutiny. In practice, the courts appear to accept
recommendations of other government agencies, especially the
MOI, in making their decisions.
While in theory government-provided legal counsel is available
to the accused, in fact persons accused of crimes must defend
themselves without outside legal assistance. The Government
suspended the bar 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 on civil cases, but they may not set
themselves up as attorneys-at-law. In civil and commercial
matters, the Government is promoting the rule of law, often
with technical support from Western donors. As indicated
above, the Government has been developing a legal system with a
codified body of laws dealing with contracts, companies,
foreign investment, private property, civil procedure,
inheritance, labor, and family, and a Penal Code. In 1993 the
Government began publishing an official gazette, which for the
first time provides a systematic means for disseminating laws,
decrees, and regulations. Recently the Ministry of Justice
added a fourth year of studies to the law program that trains
the nation's future magistrates and judges. Courts are being
established at the district level, often for the first time.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Concomitant with liberalization of the economy, the Government
has relaxed some elements of state control, including police
monitoring of personal and business activities and enforcement
of the nighttime curfew. However, while the Constitution
prohibits arrests or searches in homes without warrants or
authorization, search and seizure continue to be authorized by
the security bureaus themselves rather than by judicial
authority. The Government and the party continue to monitor
some aspects of family life through a system of neighborhood
and workplace committees. The neighborhood committees have
responsibility for maintaining public order in their
neighborhood and reporting "bad elements" to the police. These
committees usually concern themselves more with street crime
and instances of moral turpitude rather than with political
activism. In 1992 the MOI began making late-night inspections
of households to insure that all those in the house were
registered with the police. Those found unregistered were
often detained for several days. The Government also began
reinstating workers' committees among Lao employees of
embassies and international organizations. The committees are
charged with conducting political training and maintaining
discipline among employees.
The Penal Code outlaws listening to telephone calls without
proper authorization, but the security bureaus themselves
probably have the right to make such authorization. As far as
is known, monitoring of international mail and telephone calls
continues. Under the new land decree, the "national community"
owns all land. Private "ownership" is in the form of land use
certificates. The Government has lifted restrictions on the
sale of such certificates and has implemented a decree to
return property confiscated after 1975 to those original owners
who repatriate to Laos. However, in cases where the property
is now used as housing by government officials, the petitions
to have property returned remain in litigation, and the 30-some
officials of the former government who were convicted in
absentia in 1975 are not eligible. A 1990 decree confiscated
their property.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Despite the constitutional guarantees of freedom of speech and
freedom of the press, the exercise of these freedoms is broadly
controlled by the Government. The Government reacts harshly to
expressions of political dissent. As noted above, three
persons arrested in 1990 for reportedly advocating a multiparty
system each received 14-year sentences. The Penal Code bars
slandering the State, including distorting party or state
policies, and spreading false rumors conducive to disorder. It
also bars disseminating books and other materials that are
deemed indecent or that would infringe on the national
culture. In January the Government released from jail and
expelled from the country two Americans who had been separately
arrested the previous fall, allegedly for having imported
politically sensitive and pornographic materials and for taking
pictures in off-limits areas and bearing false documents.
Newspapers, radio, and television are instruments of the
Government, reflecting its views. The Government has
traditionally sought to control the flow of information from
abroad, and there are limitations on the importation of foreign
publications, though some Thai and Western newspapers and
magazines are sold. 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. In Vientiane, the capital, satellite television
receiving dishes have proliferated in the yards of foreign
residents and others who can afford them. Video rental stores
operate largely without restrictions in most Lao cities,
although such stores are prohibited from carrying pornographic
or politically inflammatory material.
Academic freedom remains tightly controlled. Lao academicians
are sometimes denied permission to travel abroad for
conferences or training. The Government also restricts and
monitors 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 expressly prohibits demonstrations or
protest marches aimed at causing turmoil and social
instability, prescribing penalties of from 1 to 5 years'
imprisonment. Unspecified "destabilizing subversive
activities" are also banned. Although the Constitution
specifies the right of Lao citizens to organize and join
associations, all associations are party controlled and
disseminate official policy.
Contact between ordinary Lao and foreigners have increased in
recent years as restrictions, such as the requirement for
government approval of invitations to most foreigners' homes,
are no longer enforced. The prohibition against foreigners
staying with Lao families has also been eased in urban areas,
and the Government allows Lao citizens to marry foreigners as
long as government approval of the marriage is obtained first.
Marriages conducted without government approval may be annulled
and the foreign spouse subject to fine or arrest.
Other restrictions on association with foreigners still apply.
Government officials require government approval to travel in
other countries. The Government sometimes requires that
diplomats hire domestic help only from a list provided by the
Government. Restrictions on foreigners traveling upcountry
appear aimed in part at forestalling contact with insurgent
groups or at preventing religious proselytizing.
c. Freedom of Religion
In official statements the Government has recognized the right
to freedom of religion as well as the contributions religion
can make to the development of the nation, and the Constitution
contains provisions for religious freedom. However, the
Government continues to restrict freedom of religion,
especially for non-Buddhists.
Links with coreligionists and religious associations in other
countries require government approval. The Government does not
formally ban missionaries from entering Laos to proselytize but
almost always denies them permission to enter. Many resident
foreigners are active in Lao churches and provide assistance in
setting up new churches. The Government welcomes
nongovernmental organizations with religious affiliations as
long as they contribute to national development and do not
proselytize openly.
All Christian seminaries were closed by the new Government in
1975, and they have not reopened. Those wishing to enter the
priesthood must study privately with priests or ministers.
Almost all Protestant ministers are lay preachers. Even so,
Roman Catholics and Protestants are permitted to worship
openly, and new churches have opened since 1990. About a dozen
Catholic and Protestant churches are active in Vientiane, with
many other churches scattered throughout the country.
Although many highland Lao are animists, and there are
Christian and Moslem minorities, nearly all lowland Lao are
Buddhists. Having restructured the Buddhist organizations
after coming to power in 1975, the Government now tolerates and
encourages the open practice of Buddhism, and it has openly
supported Buddhist organizations in the last few years.
High-ranking government officials routinely attend Buddhist
functions, and Buddhist clergy are prominently featured at
important state and party functions. The Government permits
religious festivals without hindrance. Many temples are being
repaired and restored, and the number of Buddhist monks has
increased in recent years; about 30,000 are now practicing in
Laos.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government retains the right to require citizens to obtain
official permission for internal travel, and foreign residents
in Vientiane must obtain permission to travel outside the
prefecture. Similar restrictions apply to foreign tourists
except when their travel in Laos is with an officially
sanctioned tour group. In contrast, most Lao may easily obtain
passports and exit permits from the Ministry of Foreign Affairs
for travel abroad. Border-crossing permits for Lao to visit
Thailand are routinely available from local village committees
for a modest issuance fee. Travel to the United States and
other Western countries has risen dramatically in the past
several years. In recent years the number of Lao emigrating to
live with relatives abroad has increased sharply, and the
Government does not appear to interfere with persons desiring
to emigrate.
The stated government policy since 1977 has been to welcome
back the approximately 10 percent of the population who fled
after the change of governments in 1975 (except for the 30-some
persons convicted in absentia; see Section l.f.). Since 1988
thousands of Lao living abroad have returned to visit family
and friends. A number of Lao have returned to investigate
business possibilities, and several have remained to operate
businesses.
Almost 19,000 Lao have voluntarily returned to Laos since 1980
under the auspices of the United Nations High Commissioner for
Refugees (UNHCR), including some 4,200 in 1993. Perhaps
another 30,000 have repatriated without official involvement.
About 30,000 Lao refugees and asylum seekers remain in
Thailand; and another 1,700 in China.
Laos, Thailand, and the UNHCR are cooperating on a phased
return of the hilltribe Lao remaining in Thailand who wish to
return to Laos. This program includes provisions for the
careful monitoring of returnees to ensure they are given the
same rights and treatment as resident Lao.
According to the UNHCR and voluntary agencies that work with
it, returnees have not been the subject of discrimination or
persecution and are allowed back with all the belongings they
accumulated while outside of Laos.
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 secret ballots and
universal suffrage in the public election of National Assembly
members. The Assembly elects the President, and it is
beginning to assert itself on matters that do not affect the
fundamentals of the political system. However, because the
LPRP continues to dominate government and politics, there is no
structured way in which citizens could remove the LPRP from
power. Its primacy is set forth in the Constitution. All
candidates for the National Assembly election in December 1992
had to be approved by the party, no other parties were
permitted to organize, and voting was mandatory. Nevertheless,
the Assembly does include a number of non-LPRP members.
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
to be 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 communicated
with them by letter.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
There is no pattern of widespread domestic or culturally
approved violence against women, and reports of sexual
harassment are rare. But lowland Lao and especially some
hilltribes tend to hold women in lower esteem than men.
Traditionally, women in Lao society have been subservient to
men and have often been discouraged from obtaining an
education, in part because some families tend to keep
school-age daughters at home to tend to domestic duties. The
Government claims a higher percentage of girls are in school
now than before 1975 and that women are being encouraged to
assume a greater role in economic and political activity. 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 Bangkok and
elsewhere. Many women occupy responsible positions in
government and private business, and in urban areas their
income is often higher than that of their husbands. Yet only 7
of the 78 members of the National Assembly are women, the
53-member Central Committee has only 2 women on it, and there
are no women on the Politburo or Council of Ministers.
Children
Physical abuse of children is rare, although many drop out of
school at an early age, and children commonly work on their
families' farms and shops. The Government is concerned about
the welfare of Lao children, but in light of many pressing
demands on very limited resources, it has not committed the
funding or personnel needed to implement its good intentions
effectively.
National/Racial/Ethnic Minorities
Approximately one-half of the population is ethnic Lao, also
called "lowland Lao," and most of the other half is a mosaic of
upland hilltribes. There are also ethnic Vietnamese and
Chinese, particularly in the towns. Their rights to Lao
citizenship are uncertain as long as the law on nationality,
which would convey that right, remains unimplemented. The
Constitution provides for equal rights for all minorities, and
there is no legal discrimination against them.
The Government attempts to integrate the hilltribes through
voluntary programs and to overcome traditional antagonisms and
prejudice between lowland Lao and minority groups. While the
Government encourages the preservation of minority cultures and
traditions, minority tribes have virtually no voice in
government decisions affecting their lands and the allocation
of natural resources. The party and the Government continue to
be dominated by lowland Lao males, though efforts have been
made to include minorities in the political and governmental
elites. The Minister of the Interior is a member of an ethnic
minority, but there are no minorities represented on the
Politburo and only five on the Central Committee.
The Hmong, the largest highland tribe, are split along clan
lines. During the Vietnam war, many were strongly
anti-Communist while others sided with the Lao and Vietnamese
Communists. The Government has repressed many of those who
fought against it, especially those perceived to be still
resisting its authority. On the other hand, many Hmong who
supported the Lao Communists before 1975 today occupy important
positions in the Government, and an increasing number of Hmong
who fled the country after 1975 have repatriated back to Laos
without suffering persecution by the Government.
People with Disabilities
There is no outright discrimination against people with
disabilities. Neither is there any government assistance, save
for casualties of the revolutionary war that brought the
Government to power. Typically, the family and the community
take responsibility for the disabled. Unless severely
disabled, such children attend public schools despite the
absence of special facilities for them. Provision of
accessibility for disabled persons has not been manadated
legislatively or otherwise/
Section 6 Worker Rights
a. The Right of Association
Although the Constitution provides citizens the right to
organize and join associations, all associations are party
controlled and disseminate official policy (see Section 2.b.).
An estimated 85 percent of Lao are subsistence farmers. Among
salaried workers, the majority are employed by the State,
though this has been changing as the Government privatizes
state enterprises and encourages private investors to open new
factories. In response to the emerging private sector, the
Government in 1990 adopted a Labor Code that permits labor
unions to be formed in the private enterprises so 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. The extent to which the FLTU is free
to engage in contacts and activities with foreign labor
organizations is unknown.
b. The Right to Organize and Bargain Collectively
There is no right to organize and bargain collectively. Wages
and salaries for government employees are set by the
Government, while wages and salaries for private business
employees are set by management. The Labor Code stipulates
that disputes should be resolved through workplace committees
composed of employers, representatives of the local labor
union, and representatives of the FLTU, with final authority at
the Ministry of Labor and Social Welfare. The incidence of
labor disputes has risen with the increase in foreign
investment. 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. In
practice, however, prisoners in work camps must do manual
labor, including growing their own food. They are routinely
required to work on nearby state and private enterprises
without wages.
d. Minimum Age for Employment of Children
Under the Labor Code, children under 15 may not be recruited
for employment. Because many children help their families on
farms or in shops, the Labor Code allows younger children to
work for their families, provided they do not engage in
dangerous or difficult work. Employment of children in
industry is not widespread, although it is common in urban
shops. 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) and safe working conditions. The Labor
Code requires employers to provide a safe work environment and
offers special compensation for dangerous work. Employers are
supposed to provide all expenses for a worker injured or killed
on the job. The government-stipulated daily minimum wage is
$1.39 (1,000 kip), effective December 1992, which is
insufficient to provide a decent standard of living for a
worker and his family. However, almost no families in the
monetized economy depend only on one breadwinner. Some
piecework employees, especially on construction sites, make
less than the minimum wage. In April the Ministry of Labor and
Social Welfare announced that employers would have 30 days to
comply with Labor Code provisions on minimum wage, overtime,
leave, social security, and health care, and that it would
periodically inspect workplaces to ensure compliance. Despite
its intentions, the understaffed Ministry lacks effective
enforcement mechanisms, and the Labor Code is not effectively
enforced.
[end of document]
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