A/HRC/61/49/Add.1
E.
Civic space for ensuring the right to participate in cultural life
31.
In the Lao People’s Democratic Republic, strict restrictions on speech, assembly and
association and the tight control exercised over civil society organizations, along with harsh
reprisals against human rights defenders and individuals deemed to be too critical, lead to
self-censorship and fear. This directly affects the enjoyment of cultural rights and prevents a
cultural rights-based approach to development, including with regard to fulfilling the
requirement of ensuring free, prior and informed consent of Indigenous Peoples and local
communities.
32.
Officials confirmed to the Special Rapporteur that criticism of the Government is
tolerable within the parameters of the law and as long as it does not divide society. However,
the Special Rapporteur recalls that restrictions on human rights must fulfil the requirements
of legality, necessity and proportionality and pursue a legitimate aim in a democratic society,
as specified in international instruments. The argument of “unity” to require the consensus
of all is too wide and offers the Government a pretext to abusively restrict freedom of speech.
33.
The Special Rapporteur identified three areas in which urgent steps should be taken
by the Government.
34.
First, the State should fully respect the right to freedom of opinion and expression for
all, and lift restrictions that do not comply with the strict requirements of article 19 of the
International Covenant on Civil and Political Rights, as recommended by the Human Rights
Committee. 7 The Special Rapporteur was informed that issues relating to development
policies, businesses and relationships with China were among the most censored subjects.
35.
Second, while Decree No. 536 (2025), on associations, replaced Decree No. 238
(2017), introducing certain positive developments, significant concerns remain regarding
compliance with the right to freedom of association under article 22 of the International
Covenant on Civil and Political Rights. The very low number of registered non-profit
associations in the country, estimated at approximately 250 at the time of the visit, illustrates
the persistent practical barriers faced by individuals and groups in establishing and operating
associations. In addition, the prohibition on the establishment of associations by ethnic
groups unduly restricts their ability to associate publicly around their cultural heritage and to
have their specific needs recognized.
36.
Third, acts of reprisal against human rights defenders, including those in exile, must
cease. Individuals have faced reprisals for sharing information with United Nations human
rights mechanisms. For example, in a letter dated 8 September 2025, together with other
special procedure mandate holders, the Special Rapporteur expressed her great concern about
what appeared to be a case of transnational repression against Joseph Akaravong. She further
expressed concern at an alleged systematic pattern of transnational repression against
individuals and groups critical of the authorities, which involved acts such as enforced
disappearance, surveillance, intimidation and coerced repatriation, in violation of several
provisions of the International Covenant on Civil and Political Rights. 8
37.
The Special Rapporteur conveyed to the authorities the perception by many that the
legacy of the 2012 disappearance of Sombath Somphone, a prominent development activist
and human rights defender, was still strong, and its chilling effect on Lao civil society
continued. All information about his fate should be made available and those responsible for
his disappearance held accountable.
7
8
GE.26-01463
CCPR/C/LAO/CO/1, para. 34.
Communication LAO 3/2025. Available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=30290.
7