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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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