The ADL deleagation at the European Parliament- Human rights report on the Lao PDR ba the ADL to the EP
The ADL delegation: Mr. Bounhom (Cristian) Chantha, Dr. Bounthone Chanthalavong- Wiese, Mr Marcus Wiese EP Staff: Mr. Jame Maher
ADL report on the human rights situation in Laos September 2023
The Alliance for Democracy in Laos, the global network for human rights and democracy activists in Laos, has compiled this report using various sources of information. The information comes mainly from the ADL activists from Laos, who are active there in different regions. Some of these activists are state officials, members of the military and also police officers. Other sources of information are NGOs that we work with, but also reporters with whom we are in close contact.
Human Rights
Laos is a one-party dictatorship with no freedom of assembly, freedom of speech or freedom of the press. Anyone who peacefully protests for freedom and against the conditions in Laos will be punished with imprisonment for up to 20 years plus a fine for either terrorism or defamation.
Although the constitution guarantees freedom of speech, freedom of the media, freedom of assembly and freedom of association in Article 44, this does not exist in reality. Many laws and decrees do away with the rights guaranteed in the constitution. There are also major differences in the work of Parliament and the implementation of laws by the government. The population is hindered in the exercise of their human rights. Civil rights activists but also simple inhabitants of the country disappear or are imprisoned when they stand up for their rights.
The freedom of expression, especially the freedom of the press is suppressed by the regime. A disturbing development is the current crackdown on the Internet and social media. Since the decree no. 327 (in 2014) and others has been into act, it is hardly impossible to criticize the government or the party.
The institutions in Laos are against the principle and spirit of the Convention on Political Rights. According to the Laos Constitution in Art.3, the Lao Revolutionary People's Party has the core leadership across the country. Thus, it is impossible for other organizations to work and exist; the same applies to other thinkers. It can be observed that the arrests of politically different thinking over long periods of time are unchanged.
The citizens of Laos barely dare to stand up for their rights. As a result, the rule of law of the country is in danger. Decree number 238 (2017) prevents the work of NGOs in Laos. The government of Laos claims that more NGOs work today than ever before. But the fact is that neither human rights organizations nor political NGOs are allowed in Laos. Worse, regime critics are treated like criminals
Enforced Disappearances and Political Prisoners
Here we report on our latest findings on the current cases
The Case of Ms. Muay
Brief background: Ms. Houayheuang Xayabouly alias Ms. Muay born 04 Nov. 1988 from Salau Village, Champasack Province, organized help for those affected by the dam disasters herself after seeing that the government's disaster relief efforts were insufficient. She then criticized the Laotian government's disaster management on social media. On September 12, 2019, Ms. Houayheuang was also arrested by the security authorities in Phontong City, Champasaak Province. The charge is: violating Section 117 of the Civil Code and Decree 327, which effectively prohibit freedom of expression in Laos. Ms. Houayheuang now faces a 5-year prison sentence and a fine.
Ms Xayabouly's criticism was very general and was mainly directed at the local authorities. Neither the government nor the communist party were insulted or mentioned in your videos. According to the UN Human Rights Convention, such criticism is expressly permitted and even encouraged. However, the government of Laos ignores this. As we have since learned, Ms. Muay was only allowed to see her child once a week. The child was initially in the care of the grandparents, where it could not be adequately cared for, since the grandparents are poor and Ms. Muay's ex-husband is in a relationship with a new woman and was initially unable to take care of the child intensively. But the situation has obviously changed over time, because the child is now with his father.
In early 2022, Ms. Muay was transferred to another prison. The new prison is located in Pathoumthong City, Champasak Province. Corruption in the old prison was given as the reason for this move. However, the fact is that the prisoners in the new prison do not get enough food, so the prison inmates have to rely on food gifts from relatives. We know from internal sources that the prison terms and conditions for political prisoners are designed to intimidate the population.
Because of the ongoing malnutrition, Ms. Muay complains of health problems. Painful inflammation of the lower jaw was added to the weight loss caused by malnutrition in the previous detention center. Since Ms. Muay was denied any medical treatment, Ms. Muay's father, without having any medical knowledge, got his daughter antibiotics, but without therapeutic success.
The ADL is urgently appealing to the United Nations and Amnesty International to visit Pathoumthong City Prison with their staff and request medical attention for Ms. Muay. The President of the ADL, Dr. Bounthone Chanthalavong-Wiese as a specialist in general medicine,is able to provide technical assistance. Ms. Muay's father is willing to meet with UN and AI staff and the ADL will be happy to assist in making contact.
We know that Ms. Muay has expressed a desire to go into exile in France after her release from prison. The ADL is raising money for Ms. Muay's child and her plans for a fresh start, with international help also welcome.
Ms. Muay after her detention Ms. Muay during her disaster help
The „Free Laos“ group
1-Mr. Od Sayavong
As previously reported by us in 2019, the case began with the disappearance of Mr. Od Sayavong. Mr. Od Sayavong was a member of a group called Free Laos. This group was in Thailand as migrant
workers and, among other things, took part in a demonstration for human rights and democracy for Laos there on June 16, 2019. Od Sayavong has been missing since August 26, 2019. The same happened to his collaborator Mr. Savang aka Oudone Phalend on April 22, 2023.
RFA report of August 25, 2020:
https://www.rfa.org/english/news/laos/missing-08252020101554.html
At first it was believed that Mr. Sayavong was murdered and his body was thrown into the Mekong. However, the ADL has received fresh evidence that Mr Od Sayavong was taken to Tanpeo prison, north of the capital Vientiane, along with other political prisoners. This is obviously an illegal kidnapping by the secret police of Laos in Thailand.
2- Mr. Phetpouthone Philachanh
We know from close quarters that Mr Phetpouthone wanted to take part in a demonstration in the capital Vientiane after his return to Laos in 2019. Although the demonstration was prevented by the arrest of the main organizer, he still went to the agreed meeting point. During his stay in Vientiane, he stayed at his father's brother's house. Following Mr. Phetpouthone's disappearance, his sister asked her father if he knew more. However, the father replied: "These are adult matters, you have nothing to do with them!"
Update: According to our investigation, Mr Phetpouthone is being held in Tanpieo Prison north of the capital, Vietiane, along with Mr Od Sayavong. The arrest apparently took place at the Patuxai, the triumphal arch of Laos.
3-Mr. Oudone Phaleud
We have also learned that Od Sayavong's comrade-in-arms, Mr. Savang aka Oudone Phaleud, was arrested at his home without warning by police in the province of Savanakhet between 11:00 and 12:00 on April 20, 2023. He was forbidden from contact with his family, so that initially nobody knew anything about his whereabouts or his condition.
Not only was Mr. Savang a member of the Free Lao Group, he was also a member of the Free Lao Worker Federation. The organizations ceased their activities after Od Sayavong disappeared
All 4 Aktivists: Phethphouthone, 2 from left links and Od Xayavong 3.from left Oudone Phaleud
According to our information, Mr Phetpouthone is in Tanpeo prison, where Od Sayavong is also being held.
The case of Ms. Dom Konebuapha
The case of Ms. Dom Konebuapha alias Kingkeo (55) born in Ban Tanpeo Village, Khongxedon City, Salavan Province was only reported to us at the end of April 2023. Ms. Konebuapha was a human rights and democracy activist in Laos and was arrested for her activities on November 4, 2009 while she was driving home from Talat in a car. Nothing has been heard from her since then. Her husband Mr. Khamsing Phong Masseng (56), with whom she has three children (2 girls, 1 boy), was forced to flee to Thailand due to the threatening situation. The family is currently staying in Ban Saeungthong
Ms Dom Konebuapha
Political murders and attempted murders
Here is a summary of the unsolved cases:
The Laotian authorities are cracking down on human rights activists. First there is the murder of Mr. Phouvong Xayseng, a human rights activist who was assassinated in August 2020. Mr. Xayaseng had contacted some parliamentarians to talk about human rights violations, which was enough to kill him. The authorities were completely inactive after this murder. Since then, the relatives have lived in complete fear.
In the past few days we received another report of an attempted assassination of a human rights activist.
Another case is the murder of Mr. Laokham Losavath * 08/09/1966 a car mechanic from the village of Thin near the town of Xay in the province of Oudomxay. At 11pm on 12 June 2020, a witness saw a black Toyota Hilux Vigo pull up outside Mr Losavath's workshop. Four men dressed in black got out and beat Mr. Losavath. Startled by the noise, people from the neighborhood came and found the victim unconscious. Mr. Losavath had serious head and shoulder injuries and 8 stab wounds. He died shortly thereafter in hospital. The authorities were completely inactive after this murder. Since then, the relatives have lived in complete fear.
The Case of Mr. Bounsuan Kitiyano
On May 17, 2023, the body of Mr. Bounsuan Kitiyano, a Laotian citizen, was found in the province of Ubon Ratchathani in the eastern part of Thailand bordering Laos, who was recognized as a refugee by the United Nations High Commissioner for Refugees (UNHCR).
Mr Bounsuan was recognized as a refugee by the United Nations High Commissioner for Refugees and was preparing to travel to Australia in late May 2023. On May 16, while waiting to live his life freely in a third country, he was shot dead by a gunman in Ubon Ratchathani on his way to his home.
According to evidence in chat history uncovered by Thai authorities, a person by the name of "Phu Kut Chom Lek" posted a picture of Bounsuan online: "One of the critics of Laos who lives in Thailand is already done, and there are others who are active in Thailand and are constantly complaining. This man (Bounsuan) many years ago led a demonstration in front of the Lao Embassy in Bangkok, Thailand.” Visiting the Facebook page of the person named “Phu Kut Jom Chek” is an individual with a background from Vietnam in the Lao PDR. This is evidence that the killer was sent by the Lao PDR government.
According to the evidence, the report of a friend close to Mr. Bounsuan stated that before Bounsuan was killed, Bounsuan had received information that the Lao PDR authorities had found the family of Savang or Mr. Udone Phaleud (who died on April 20, 2023 in Province Savannakhet was arrested), then on the morning of May 16, 2023, someone from the Lao PDR called and threatened Bounsuan that there was an order from Mr. Sonexay Siphandon, Prime Minister of the Lao PDR for the Lao soldiers to kill Bounsuan.
Mr. Bounsuan had not yet escaped from Ubon Ratchathani. The next day, May 17, someone driving home saw Bounsuan's body next to a motorcycle and notified local authorities in Thailand, followed by Thai officials and United Nations officials who went to investigate the incident.
Mr. Bounsuan Kitiyano was a human rights and democracy activist in Laos. He recently reported to the international organizations about the arrest of Mr. Savang or Mr. Udone Phaleud who was detained in Savannakhet province, and other incidents where the Lao has suppressed the PDR, such as arrests, torture, enforced disappearances or killings. Mr. Bounsuan was an activist who had patience and never gave up. He was known for being active, courageous, and a noble spirit of sacrifice.
The Case of Anouxa (Jack) Luangsuphom:
A new case was reported to us at the end of April 2023. According to our source, another assassination attempt on a democracy activist took place on April 29, 2023. This is Mr. Anouxa (Jack) Luangsuphom, he was the admin of the Facebook group ” Drive with Keyboard the so that Laos survive not being a Chinese slave" (literal translation). Jack Anouxa chatted with a certain suspected member of the Lao secret police. He asked Jack where he was going to eat. Jack sent pictures of the "After School Chocolate & Bar" in Ban Dongmieng Village, Chanthaboury City, to which the secret police replied that it looked good and he would come there too. After Jak got there, Perng Larlar made sure his victim was actually there. Shortly thereafter, he retrieved his gun and shot Jack in the chest and head from behind with a handgun.
Jack Anouxa
Jack Anouxa had arranged a meeting with a certain Pherng Larlar, suspected collaborator of the Laotian secret police, at the "After School Chocolate & Bar" restaurant in Ban Dongmieng village, Chanthaboury city on April 29, 2023 after a chat. The attempted murder took place at 10:27 p.m. He was first taken to a hospital in the capital Vientiane with serious injuries and later to a hospital in Thailand. The assassination was captured by two surveillance cameras.
The videos are available to the ADL and can be viewed here:
https://youtu.be/gOVkcJFnpyk?si=WQ958esNDxcXoCsN
Images from surveillance video
Land grabs
Corruption and land grabs go hand in hand in Laos. In most land grab crimes, money goes to corrupt officials so these foreign companies can grant land concessions and initiate evictions. Anyone who protests against the land grabs is immediately arrested or threatened by members of the Lao authorities.
The Laotian government wants to turn land into capital. More and more land is now owned by foreign investors, about 45 percent of Laos, most of it from Vietnam and China. In the capital city of Vientiane, we stand up for our right to residents' property that has been taken from local people by the government. It has confiscated property from people in several provinces across the country and leased it to foreign investors for up to 99 years, regardless of population.
Now the government has created a new land law. The people have to pay more fees for their land title certificates; the problem is that the fee is more than the people can pay. Each village and town has a different fee, there is no national regulation on how much people have to pay to the authorities.
Land grabbing in Laos is leading to increasing poverty. Most of the projects carried out in the land-grabbed areas hardly create any jobs for Laotians. Foreign investors usually bring the workers from their home countries with them. This refutes the government's thesis that the country is developing as a result of these projects.
The ADL has received new cases of land grabs in the Lao People's Republic.
Case 1: In 2016, Air Force Battalion 703 General Mr. Sitat extorted 50 people from their families in Wa Tha Village, Sikottabong District, Vientiane. He chased people out of the area and blackmailed the residents into making a concession for a Chinese investor to build a casino. Three people resisted because they did not accept the blackmail. These three people were subsequently arrested and imprisoned in 2019. They are Ms. Namphan, Mr. Po and Mr. Wann. The latter was recently released from prison. The whereabouts of the other two detainees are still being determined by the ADL. General Sitat is very influential in Laos. He was also involved in land grabs for the large casino Phou Khaokhuay.
Case 2: On April 18, 2023, there was a clash between the police and residents in Ban Vangveun City Xaysanasomboun Province Campasak to build a banana plantation for a Chinese investor along the road through the People's Park.
A video of this incident is here:
Case 3: In 2022, another land grab took place in Xaysavang Village in Xaythani Town near the capital Vientiane by Chinese investor Zhao Wie, who had already built the King Romans Casino in Bokeo. This is an area of 1,000 hectares for another casino. The area is leased to Zhao Wei for 99 years. It is a forest area that was highly valued by the population as a nature reserve and is now to be cut down despite a ban on logging and a forest protection agreement with the EU.
Case 4: On November 23, 2021, 36 families in Ban Phonsinuan Village, Sisadthanak Town, Vientiane Capital were ordered by the police to leave their country. The families refused to leave the country and even protested with placards. The families demanded fair compensation for their dispossession of 1million. THB which has traded down to just 200,000 THB which is roughly US$5,800. The lawsuit was dismissed in two instances.
More information here:
Case 5: On May 14, 2023, it was reported to us that in Huaykhom area, Xaydonkhong Village, Sanamxay District, Attapeu Province, villagers resisted an investor who wanted to take the land away from the locals for a coffee plantation.
A video can be viewed here:
Case 6: On May 13, 2023, the next case was reported to us from Donkhong in Champasack province. Apparently construction workers came here who wanted to plow the land of the residents without warning for an investor. This case was also documented by those affected and posted online.
Case7: Another land grab took place in the city of Sanamxay, Attapeu province, against which local residents protested to the Lord Mayor on May 14, 2023. However, he was not interested in solving the problem for the residents. We received a video in which the local residents had to watch helplessly as the Chinese investor's excavators were destroying their land. This video was made secretly because the authorities forbade local residents from filming and even broke some cellphones
We fear that these reported cases are just the tip of the iceberg and that the impact is far worse than anyone can imagine. According to some experts, the reason for this massive increase in land grabs may be that the country is on the verge of bankruptcy and is trying to save itself. But at some point there will no longer be a country that can be sold or where the local population can still live humanely.
But the issues in the ADL human rights report from the beginning of 2023 are still an issue in Laos and neighboring countries:
Special economy zone in the Bokeo province
A Chinese investor was given free land here, on which the King Roman Casino now stands. Most of the local population had to leave the country and is now being settled by the Chinese. The casino is strongly suspected of being involved in illegal business. These include drug trafficking, money laundering, illegal hunting of endangered animals, human trafficking and prostitution. The Thai media have reported about it several times. But the Laotian authorities seem powerless here, as their own Chinese security forces have the upper hand here.
More information can be found here:
https://www.casino.org/news/notorious-kings-romans-casino-laos-scamming-women-into-prostitution/
Corruption
Although the People's Republic of Laos has improved its ranking in the Corruption Index, overall corruption has not improved over the past year. Transparency International reports a slight improvement, but this should be taken with a pinch of salt. Laos is still a one-party dictatorship and there is virtually no independent reporting. The reasons for the persistently poor situation in the country are quite complex.
In theory, the Government Inspection and Anticorruption Committee, established in June 2011, has the same powers as a government ministry and is responsible for exposing corruption in all government ministries, including the Ministry of Public Security. On occasion, the authorities arrested low-ranking officials for corruption and administratively punished them. Reports of criminal cases brought to court were scarce. The government-controlled press rarely reported cases of official corruption. In 2018, over a trillion kip (about US$44.8 million) was lost on development projects due to violations of laws and financial discipline by government agencies and the private sector.
One reason the Laos government has been ineffective in curbing corruption is its inability to influence the actions of provincial governments. After the passage of the Anti-Corruption Law, great efforts were made to educate provincial officials. Although the Lao state is highly centralized in theory, the central government has traditionally been weak compared to the provinces. Most of the revenue is collected by the provincial governments, which only provide part of their revenue to support the national government in Vientiane. Obviously, this does not give the Laos government much leverage over provincial governors. The revenue structure made it difficult to implement national policies and allowed provinces to obstruct national initiatives to promote transparency and prevent corruption. Ultimately, high officials are protected from criminal prosecution by regular transfers and the people don't notice anything about it. Only minor officials or ordinary citizens are punished for corruption.
Low wages for civil servants are a critical problem and Laos is at the bottom end in the world. Physician salaries remain in the $120 to $150 per month range. In order to receive care in government health facilities, which include most of the major hospitals in Laos, patients have to give extra money to the doctors and nurses who care for them. Police officers are paid even less; A junior officer's monthly salary is approximately $20. However, Laos does not have the lowest cost of living in the region, and private labor costs are not competitive with China and Vietnam. In order to even come close to the salaries of the private sector, the salaries of civil servants would have to be increased by a factor of ten to twenty. Since civil servants cannot possibly live on their salaries, many government officials see no problem in receiving what they perceive to be nothing more than gratuities, similar to those waiters might receive in the United States; they do not see themselves as participating in a corrupt practice. International aid funds also fall victim to corruption, with the victims of the flood disasters of recent years receiving little or no state aid. Other development aid projects are also regularly victims of corruption.
As a one-party communist state, the Laos People's Democratic Republic is inherently resistant to transparency and accountability. Decision-making power is centralized, and in the absence of an opposition party or effective control of Communist Party power, senior leaders generally do as they please. Nepotism is widespread. Ironically, a number of wealthy and powerful families in the pre-1975 monarchy continued to thrive under communism. There is strong opposition to auditing systems, and many local governments have financial controls on expenditure but not revenue, creating ample opportunity for public money to be diverted. Since the judiciary in Laos is also under state and party control, there is also a lack of prosecution of corrupt officials. In general, party officials have no sense that there is anything wrong with corruption, although some stalwarts still cling to the socialist ideals of their youth.
More information on corruption can be found here:
https://www.ucanews.com/news/official-report-highlights-endemic-corruption-in-laos/96959
Human, drug trafficking and torture in Laos
In the past we have repeatedly reported on the problem of human trafficking and the related problem of drug trafficking.
Here's what activists in Laos and neighboring countries tell us:
Above all, young Laotians, women and men, are recruited by dubious agencies for jobs or apprenticeships in neighboring countries, mostly in Thailand. Due to economic hardship and a lack of future prospects in Laos, most accept such an offer. In the case of minors, officials are often bribed to provide these minors with forged papers which then identify the minors as adults. Abroad, most are then forced into forced labor (slave labor), forced prostitution or forced marriage.
Since this situation seems hopeless to many, many take refuge in drug use or become drug dealers themselves. Largely hidden from the world public, Laos remains one of the largest producers of opium products and meth-amphetamines. Recently, Thai media revealed that the Boten Casino in Bokeo Province's Special Economic Zone, run by a Chinese investor with excellent connections to government officials, serves as a drug hub.
But what is the Laos communist government doing to combat the problem? We are told by local and German tourists in Laos that drugs and drug-infused foods like tea are very easy to come by. Locals say drugs are being distributed like candy. The police officers on the street don't seem to care what's happening in front of their eyes. While in the neighboring countries of Thailand and Malaysia one can certainly observe that the police there bust up whole smuggling rings, in Laos one sees that mostly only small drug dealers are caught by the police. We only see a pure alibi function in the actions of the authorities. Drug addicts who are caught by the authorities or turn themselves in to the authorities are sent to camps, where they are often mistreated. There can be no talk here of a therapy of the kind customary in the EU countries. As with drug trafficking, the authorities deal with trafficking in human beings. The large gangs of traffickers are spared, but individual forced laborers or forced prostitutes are occasionally punished.
After analyzing all the facts, our employees come to the following conclusion:
Obviously the government has no interest in a sustainable solution to these problems. This is mainly due to the fact that far too many in the state apparatus earn money from corruption or are even directly involved in all these problems. On the other hand, Laos is so dependent on foreign investors getting involved; We remind you of the Bokeo Special Economic Zone that the authorities are practically forced not to do much about these abuses.
Lately we have been receiving more and more videos and reports of torture of Laotian workers in Chinese Special Economic Zones.
Also Radio Free Asia has already reported on some cases of torture and other criminal events from the Bokeo Special Economic Zone:
https://www.rfa.org/english/news/laos/thais-03152022200847.html
https://www.rfa.org/english/news/laos/chat-girls-01182022172557.html
Religious freedom in Laos
Religious freedom is guaranteed in the constitution of the Lao People's Republic. However, the reality is very different. While the large group of Buddhists in Laos can largely practice their religion, which was not always the case, the Christians in the country in particular are discriminated against. We keep getting reports of destroyed churches, persecutions of Christians and expulsions. Christians are often denied access to education. Christians get no work from the state. Arrests of Christians without warning or for no reason occur again and again.
Time and again there is discrimination and arrests of Christians in Laos. This is all the more disturbing, because the population of Laos is mostly Buddhist and therefore very tolerant. Responsible for these cases are again and again the authorities and government offices in the country.
More information here:
Recomendations:
1. The human rights dialogue between the Lao PDR and the EU is a good thing, but so far has not led to any improvement in Laos. We therefore appeal to the EU to conduct the dialogue with more emphasis and effectiveness.
2. We call on the EU to continue to do everything possible to curb the influence of China and Russia in the region. This influence destabilizes the security situation not only in the region but also worldwide and also leads to a further drastic deterioration in the human rights situation.
3. We appeal to the EU to help real NGOs better and with less bureaucracy. Unfortunately, the current procedures are for human rights organizations very complicated and therefore impossible for many organizations to implement.
4. We demand that exiles' NGOs and other recognized human rights organizations must be permitted in Laos and their employees must be protected.
5. We ask the EU to put Pressure on the Lao PDR that the corruption has to be combatted effectively with an independent and international corruption control.
6. We need approval of international and independent aid organizations to help drug addicts and illegal prostitutes.
Signed by Dr. Bounthone Chanthalavong- Wiese
President of the ADL
