| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
Title: Laos Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
LAOS
The Lao People's Democratic Republic is an authoritarian, one-party
state ruled by the Lao People's Revolutionary Party (LPRP).
The Ministry of Interior (MOI) is 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 by locality, but overall has diminished in recent years.
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.
There has been a general trend away from the harsh conditions that
existed after the LPRP assumed power in 1975, but serious problems
remain.
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. Citizens do not have the right to privacy and do not
enjoy a free press, although most Lao have ready access to a variety of
foreign media. Prison conditions remain harsh, and some societal
discrimination against minorities persists.
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 the long-
running, low-level insurgency in some areas north of Vientiane, where
the Hmong ethnic group predominates.
The road ambush is the most common manifestation of the insurgency. In
1995 there were approximately 20 reports of killings as a result of
ambushes of vehicles, trucks, or buses. For example, in February 8 Lao
were killed when a passenger truck was attacked by a group of about 10
persons armed with rifles. It is often unclear whether the ambushers
are politically or economically motivated.
During 1995 the U.N. High Commissioner for Refugees (UNHCR) completed
its investigation of the murder in Khammouane province of a Hmong from
Bolikhamxay province. Family members in the United States had accused
the Government of complicity in the murder. The UNHCR report concluded
that there was no evidence of government involvement in what appeared to
be a private incident involving smuggling goods across the Mekong river
to Thailand.
b. Disappearance
There were no reports of politically motivated 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. No new information relevant to the case came to light in
1995.
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.
Prison 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.
There continued to be allegations that the Government has detained three
Hmong males since 1992 because of their association with the United
States prior to 1975. The Lao Government has thus far not responded
directly to repeated inquiries about these allegations.
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 appears to resort to
detention without due process relatively infrequently in cases involving
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
The Constitution provides for the independence of judges and prosecutors
and protects their decisions from outside scrutiny. In practice,
however, the courts, which are understaffed and poorly trained, appear
to accept recommendations of other government agencies, especially the
MOI, in making its decisions.
The judiciary is composed of district courts, provincial courts, and the
Supreme Court.
Although regulations provide for public trial, this sometimes amounts to
public announcement of the sentence and not a true public trial.
Politically sensitive trials have not been open to the public, although
common criminal trials appear to be, and they increasingly are
publicized in the media.
There is provision for appeal to the provincial courts and the Supreme
Court. Senior government and party officials reportedly may also review
sensitive political cases.
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 informal legal counsel, at least for civil cases, but
they may not establish themselves as attorneys-at-law. According to the
Criminal Code, defendants in criminal cases are entitled, at their own
expense, to representation by a "rights protector" who may be any Lao
citizen. In practice, few defendants exercise this right.
Arrests are usually unannounced, and trials and convictions are not
always publicized, thus complicating efforts to estimate accurately 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 held is unknown but is not thought to be
large. It likely is no more than several hundred, and quite probably
substantially less.
Three former government officials are serving 14-year sentences handed
down in 1992 for advocating a multiparty system and criticizing
restrictions on political liberties. Also in 1992, 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.
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 a warrant or authorization, the security bureaus may
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, but
overall has diminished in recent years.
The Penal Code forbids telephone monitoring without proper
authorization, but the security bureaus are believed to authorize such
monitoring themselves. The Government continued to monitor
international mail and telephone calls, probably including some faxes,
although the increasing number of such calls limited the scope of such
surveillance.
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 have regained confiscated property after
demonstrating their intent to repatriate.
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.
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.
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 (see Section 1.e.). 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 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 have been
sold in the towns where there is demand for them. The Government
temporarily halted the import of Thai newspapers for several months in
mid-1995. 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. However, the Lao-language television station, a Thai
company inaugurated in Vientiane in 1994, was quietly merged into the
Lao State Broadcast Corporation following disputes concerning management
control and content.
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 1995 the number
of such dishes continued to increase, both in major urban areas and in
remote provincial and district towns. Cable News Network, the British
Broadcasting Corporation, and several Thai stations are among the many
channels available to satellite dish owners.
The Government prohibits pornographic or politically inflammatory video
cassettes. In late 1994, the Vientiane municipality imposed
restrictions governing the content of music played in nightclubs and
outlawed karaoke in order to strengthen Lao culture against perceived
erosion by foreign influences. Enforcement of these restrictions has
been lax.
The Government restricts academic freedom. Lao academicians have in the
past sometimes been 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 Ministry of Education must approve grants,
including those for research and study abroad. The Government also
monitors and may restrict 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.
c. Freedom of Religion
The Constitution contains provisions for religious freedom. In practice
the Government continues to restrict freedom of religion, especially for
some Christian denominations.
Links with coreligionists and religious associations in other countries
require government approval. Although the Government permits foreign
nongovernmental organizations with religious affiliations to work in
Laos, it prohibits foreigners from proselytizing. The Government also
restricts the import of religious publications.
The enforcement of these regulations varies 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
central and southern Laos. Several Protestant denominations operate
over 100 churches throughout the country. There continued to be
credible reports that local authorities sometimes detained clergy for
allegedly criticizing other religions and harassed, arrested, and jailed
other active clergy. The persistence of such reports underscores the
continuing suspicion on the part of authorities toward some sections of
the Lao Christian community. There were also unconfirmed reports that
Lao Christians were sometimes barred from the party or government
employment, and that some rural Lao were not allowed to convert to the
Baha'i faith.
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.
Two mosques and a Bahai center operate openly in Vientiane.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
There are no domestic travel restrictions for citizens and private
foreign visitors except in unspecified prohibited or insecure areas.
Most citizens can easily obtain passports and exit permits from the
Ministry of Foreign Affairs for personal travel abroad. Border crossing
permits for citizens 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 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 that 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 returnees are allowed back with all
the belongings they accumulated while outside Laos. There were no
forcible repatriations to Laos in 1995; however, approximately 3,000 Lao
were voluntarily repatriated to Laos by the UNHCR during the year. 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. While the 1991 Constitution does not explicitly exclude the
emergence of multiple political parties, it assigns to the ruling LPRP
the leading role in the Lao political system. 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 nonparty 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 the
Government. Nonetheless, the Prime Minister, the 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 responded to
inquiries about specific human rights issues.
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. Although the Government appears willing to take action when
cases of discrimination come to the attention of high-level officials,
the legal mechanism whereby a citizen may bring charges of
discrimination against an individual or organization is neither widely
developed nor widely understood among the general population.
Women
Although not widespread, domestic violence against women occurs. Sexual
harassment and rape are reportedly rare. In cases of rape that do go to
court, rapists are generally convicted.
The Government relies on the Lao Women's Union, a party-sanctioned
organization, and youth organizations to educate girls and young women
against the schemes of recruiters for brothels and sweatshops in
Thailand and elsewhere. In the past, the Government has prosecuted some
persons for involvement in such recruiting activities and appears
willing to take action against organized prostitution.
The Constitution provides for equal rights for women, and the Lao
Women's Union operates nationally to promote the position of women in
society. However, traditional culturally based discrimination persists,
especially among lowland Lao and some hill tribes.
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
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. Violence against other persons,
including children, is prohibited by law. Physical abuse of children is
reportedly rare.
People with Disabilities
With donor assistance, the Government is implementing limited programs
for the disabled, especially amputees. The law does not mandate
accessibility to buildings or government services for disabled persons.
National/Racial/Ethnic Minorities
The Constitution provides for equal rights for all minorities, and there
is no legal discrimination against them. However, some 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, and a
small community of South Asian origin. 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 one of the largest and most prominent highland minority
groups. 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 still perceived to be resisting its authority.
There continued to be some reports of abuse, discrimination, and
harassment of Hmong who live in or near areas where insurgent attacks
have occurred. Nevertheless, an increasing number of Hmong who fled the
country after 1975 have repatriated to Laos without suffering
persecution.
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 and businesses. 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 1995.
With advice from the International Labor Organization (ILO), including
from a foreign expert posted by the ILO to work with the Ministry of
Labor and Social Welfare, the Government has revised its Labor Code in
an effort to clarify rights and obligations of workers and employers.
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 age 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 responsible for 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
$1.09 (1,000 kip), which is insufficient to provide a decent standard of
living for a worker and family. Most civil servants also 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, earn less than the minimum wage. Many
of these workers are illegal immigrants, particularly from Vietnam, and
thus more vulnerable to exploitation by employers. Although workplace
inspections have 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.
(###)
[end of document]
Return
to 1995 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.