A/HRC/61/49/Add.1
with a condescending attitude, as having “backward” practices, as needing to change their
ways of life to adhere to the development movement and as having little chance of seeing
their children become decision-makers or work in more prestigious professions. Ethnic
minorities reportedly lag on almost all economic and social indicators vis-à-vis the Lao-Tai
group. The Lao-Tai group is seen by all, except in the authorities’ official narrative, as a
group that dominates others through culture, education, language, religion and political and
economic power.
21.
Refusal to recognize groups as ethnic minorities and Indigenous Peoples means
refusing people the possibility to claim and enjoy their rights under international law,
particularly their right to enjoy their own culture, to profess and practise their own religion
and to use their own language;5 and their right to self-determination.6 These rights must be
implemented in the Lao People’s Democratic Republic, including in remote areas, which are
inhabited primarily by ethnic minorities or Indigenous Peoples and are rich in natural
resources.
22.
The narrative of the State is that the 50 ethnic groups live in harmony. The authorities
should assess more candidly the extent to which the living-in-harmony injunction, coupled
with a restrictive understanding of the principle of non-discrimination and the refusal to
recognize minorities and Indigenous Peoples, hides persistent patterns of discrimination and
prejudice, particularly against the less economically and politically powerful, at the
intersection between ethnicity, geographical location and class. The protection guaranteed
under international law must be accorded to all ethnic groups, irrespective of whether they
are seen as loyal to the State.
D.
Differences in approaches to understanding culture and cultural rights
23.
The Special Rapporteur had many exchanges on the way culture is featured in the
State’s vision for the country. She understands that the Government seeks long-term
development, including cultural development. In such a vision, culture is seen as a tool for
development and social cohesion, whereby people are steered into cultural practices deemed
to foster development. Cultural practices based on beliefs that “are not scientifically based”
or deemed to be “backwards” in terms of productivity or safety are discouraged.
24.
The concepts of model cultural villages and model cultural families, which are
considered to practise “good culture” in opposition to “bad culture”, are instrumental to
accomplishing this State vision. The “good culture” that is promoted by the Government is a
notion rooted in values promoted by the Party and encompasses, among other things, being
a good citizen, being modern and productive, being free from drugs and crime, living in
harmony with others and contributing to the community and the wider development of the
country. The Special Rapporteur was informed, for example, that model families demonstrate
that they have a secure occupation, send their children to school, respect the law and follow
the regulations. The criteria are set out in a National Assembly resolution on the
implementation of principles on promoting cultural activities and a decree regarding the
establishment of villages. Those qualifying as “models”, in return, reportedly have a better
material status.
25.
Model status, therefore, is used as an incentive to promote ways of life aligned with
the authorities’ expectations, which are geared towards socioeconomic development and the
maintenance of a peaceful society. Whatever the good intentions, the difficulty with such an
approach is that it requires inhabitants to adhere to a cultural model that is presented as
“civilized” rather than “backward”, with all the prejudices and discriminations this carries.
Such cultural engineering, which shapes cultural dynamics for a transformation of society in
the name of development, is problematic to the extent that, in the Lao People’s Democratic
Republic, it does not rely on a participatory and democratic process, does not tolerate
5
6
GE.26-01463
International Covenant on Civil and Political Rights, art. 27; and Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities.
Common article 1 of the International Covenants on Human Rights; and United Nations Declaration
on the Rights of Indigenous Peoples.
5