Arbitrary detention of Lao women activist, increased online surveillance, persecution of minorities

In Laos, where even minor criticism of the government may lead to arrest and prosecution and where civic space is rated 'closed' by the CIVICUS Monitor, little progress has been achieved in addressing violations.

Due to the ongoing repression of fundamental freedoms in the country, civil society has continued to urge the international community to act on Laos' human rights record. On 14th June 2021, the International Federation for Human Rights and its member organisation in Laos, the Laos Movement for Human Rights (LMHR), urged the European Union to press the Laotian government to address the country's widespread human rights violations, including its unfree elections, severe restrictions on free speech, unlawful imprisonment of critics and violations of religious freedom.

In recent months, authorities took further steps to crack down on fundamental freedoms. The government announced the formation of a task force to monitor “fake news” related to COVID-19. The UN also determined that the arrest and subsequent imprisonment of a Lao human rights defender and environmental activist was arbitrary. Minority groups continued to be harassed and persecuted by the government. The European Union (EU) report on Human Rights and Democracy raised the lack of improvement on Laos' human rights record, while a report on religious freedom highlighted concerns of religious restrictions faced by minority religious groups.

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UN finds detention of woman human rights defender ‘Muay’ arbitrary

In June 2021, the United Nations Working Group on Arbitrary Detention (UNWGAD) determined that the arrest and subsequent imprisonment of Lao human rights defender and environmental activist Houayheung Xayabouly — also known as “Muay” — was arbitrary and in violation of international law. In the decision, the UNWGAD concluded that Laos had failed to establish any legal basis for Muay’s detention and that her imprisonment had resulted, in part, from the exercise of her right to freedom of expression. The UNWGAD also recommended that Laos provide Muay with compensation and other reparations, in accordance with international law.

As previously documented, Muay had repeatedly used Facebook to criticise the Lao government, from instances of corruption to the mishandling of the Xe-Pian Xe-Namnoy dam collapse in Attapeu Province. She was arrested in September 2019 on defamation charges after condemning on Facebook the slow response of authorities in Laos’ flooded southern Champassak and Salavan provinces. She was not allowed to choose a lawyer who would represent her at trial, was subjected to excessive interrogations and was forced to confess to trumped-up charges of “propaganda activities” and “circulating false rumours”. In November 2019, it was reported that she had been sentenced to five years’ imprisonment and a fine of 20 million Kip (approximately USD 2,110).

Government forms task force to monitor social media usage

On 21st May 2021, the government announced the formation of a task force to monitor social media usage, focusing on so-called “fake news” and posts critical of the government or the ruling communist party. The task force will include police officers and representatives of the government's Media Department. A representative explained that it will be tasked with providing advice and laying out the rules and punishments for those who abuse social media. According to the representative, first-time offenders will be issued with a warning, second-time offenders will be fined and third-time offenders will be put in jail.

On 28th May 2021, the ASEAN Regional Coalition to #StopDigitalDictatorship comprising seven human rights organisations issued a joint solidarity statement urging the Lao government to abolish this online task force and end the use of online surveillance in Laos. The organisations further called for the repeal of an order mandating provinces to keep records of official social media channels. The coalition urged the government to ensure that its methods to combat disinformation comply with international human rights standards, to refrain from criminalising legitimate practice of free expression and to protect journalists and media personnel.

EU human rights and democracy report highlights human rights challenges in Laos

The European Union’s Annual Report on Human Rights and Democracy 2020 country report released in June 2021 noted that the human rights situation in Laos has “remained largely unchanged”, and that fundamental freedoms remain restricted. The report also referenced Laos’ poor performance in the 2020 World Press Freedom Index, and its consistent ranking as one of the “worst performing countries” in terms of press freedom. The government, according to the report, continued to exercise close control over civil society and the media. The report also noted the lack of investigations regarding the reports of enforced disappearances.

The report also highlighted Laos remaining noncommittal regarding calls made during its January 2020 Universal Periodic Review (UPR), including on the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) and the push towards an enabling civic space.

Lao musician Ther Una released from detention

Lao musician Ther Una (real name Syphone Vongchinda) was detained briefly in July 2021 according to police. On 27th July 2021, a police officer told media outlet Radio Free Asia that the musician and social commentator Ther Una was arrested on as yet unknown charges. He was reportedly being held in the Provincial Police Headquarters in Kaysone Phomvihane City, in Savannakhet province. Ther Una later denied reports of his arrest and clarified that he had merely been busy working on a film.

Ther Una is known for songs tackling social and economic issues, including social ills such as bribery. In October 2018, police shut down Ther Una’s benefit concert and attempted to detain an organiser after the police objected to T-shirts with a slogan “No bribes for jobs!” that were being sold on site. He later published a song narrating the story of a man who could not find a job because of lack of money to bribe an official.

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Persecution of the Hmong indigenous community

It was reported in June 2021 that UN experts had expressed concern over reprisals against the families of Hmong who have been forcibly disappeared and the continued persecution of the community.

On 27th April 2021, a group of UN Special Procedures mandate holders sent a second allegation letter to the Lao government raising concerns of alleged reprisals by the military against the families of four missing individuals, which had been mentioned in a previous allegation letter. The UN experts highlighted the threats and intimidation faced by family members which followed the mandate holders’ previous communications to the government, and the alleged extrajudicial killing of a relative of two of the disappeared. Chue Youa Vang, the 63-year old relative, was allegedly shot by soldiers while out looking for food. Soldiers also allegedly disseminated a photo of his corpse to intimidate the Hmong community. The mandate holders also raised “credible allegations” that three disappeared minors were seen in a detention facility.

The UN experts further raised the increasing persecution of the Hmong community and called this a “part of an ongoing and escalating pattern of violence” by government forces, in violation of the government’s obligations under international conventions.’ As previously documented, the Hmong have suffered indiscriminate military attacks and denial of the right to food, decent shelter, medical care and safe drinking water. The military has continued its attacks against the community including those living deep within forests on the Phou Bia Mountain.

The UN experts behind the joint letter comprise the Working Group on Enforced Disappearances and seven Special Rapporteurs: the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment; the Special Rapporteur on extrajudicial, summary or arbitrary executions; the Special Rapporteur on the right to food; the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context; the Special Rapporteur on the rights of indigenous peoples; the Special Rapporteur on extreme poverty and the Special Rapporteur on the human rights to safe drinking water and sanitation.

Pastor allegedly made to sign documents, pledging not to hold religious activities

In May 2021, it was reported that Christian pastor Sithon Thippavong was allegedly made to sign a document promising to refrain from preaching and holding Christian activities until March 2022, as a condition of his release.

As previously documented, Sithon was found guilty in April 2021 for "disrupting unity" and "creating disorder" after he was found to have held church services without government permission in Savannakhet province. He was sentenced to a year in jail but was released for having already served a year in pre-trial detention.

While Laos has an existing law which allows Lao Christians to preach in the country, Christians - who account for around two percent of the seven million population - consistently face discrimination, particularly in rural areas. Some have been arrested for holding prayer services and have faced harassment from the authorities.

Report on religious freedom highlights restrictions for minority groups

A report published in May 2021 documented incidents of religious restrictions faced in Laos, particularly in rural areas. The International Religious Freedom report published by the United States Department of State highlighted reports, especially in isolated villages, of arrests and detention of followers of minority religious groups, particularly Christians associated with the Lao Evangelical Church (LEC).

Religious leaders continued to say Decree 315 established onerous requirements sometimes used to restrict travel for religious purposes. Under decree 315 official approval is required for establishing religions (Article 7), appointing officials in religious organisations’ governing committees (Article 7) and establishing a religious organisation (Article 8). Special approval is needed for religious activities which take place outside of recognised religious locations and buildings (Article 12). Decree 315 also contains provisions concerning international connections and visits abroad (Articles 21 and 19 respectively). Overall responsibility for approving or refusing permission for religious activities is with the Ministry of Home Affairs.