A/HRC/61/49/Add.1
F.
Role of development partners
38.
Many development partners, whether individual States, or regional or international
organizations, including United Nations entities, are involved in projects aimed at improving
the socioeconomic conditions of the Lao people. Some development partners are also
investors. The programmes are numerous and too diverse to be summarized; they target many
of the areas covered by the International Covenant on Economic, Social and Cultural Rights,
particularly work, food, water and sanitation, health and education.
39.
The Special Rapporteur encourages these partners to tailor their programmes in order
to move away from a needs-based approach towards a human rights-based approach. This
means moving from delivering services to implementing rights. This requires improving
efforts to ensure, as much as possible, a participatory approach in their encounters with
communities, which, as the Special Rapporteur understands, is difficult in the Lao context.
40.
Some efforts have been made in this regard. The German Agency for International
Cooperation (GIZ) has developed projects on free, prior and informed consent in Hin Nam
No National Park; however, discussions with local populations appear to point to the use of
such projects to convince them to conform to prevailing nature conservation initiatives, even
pushing village residents to patrol the areas from which they were relocated, rather than to
ensure the implementation of their extensive right to participation. The World Bank
explained its aim of ensuring benefit-sharing and community-driven development, including
around the construction of dams, and referred to the applicability of the Bank’s
Environmental and Social Standard 7. The Special Rapporteur was also informed of projects
carried out by United Nations entities aimed at ensuring that communities identify their needs,
with an emphasis on the participation of ethnic groups and women, and with grass-roots
leadership training to ensure that needs and expectations are voiced, particularly around small
infrastructure projects, such as schools and cultural houses. Human rights assessments and
human rights evaluations of projects at all phases are essential to ensure that the projects fulfil
the purposes for which they were created.
41.
In the Lao context, there is a thin line for development partners, particularly
United Nations entities, between ensuring a working relationship with the Government that
enables progress in the implementation of human rights on the one hand, and ensuring a
working relationship at all costs and supporting projects that fall short of complying with
human rights on the other. Partners have a responsibility to proceed with real human rights
impact assessments, including cultural rights impact assessments. All partners must abide by
their international obligations to not support projects that contribute to human rights
violations, for example through assimilation policies and/or a lack of real and meaningful
participation by communities affected by development projects. When development projects
involve commercial enterprises, partners should ensure that the latter follow the Guiding
Principles on Business and Human Rights.
IV. Ensuring a cultural rights-based approach to development: a
needed shift
A.
Ensuring cultural rights impact assessments
42.
The Special Rapporteur appreciates the Government’s objectives to reduce poverty
through economic development and to improve the livelihoods of people, with high priority
placed on developing access to crucial infrastructure and essential services in the areas of
health, water and sanitation, food and education, in particular for remote communities. She
also appreciates the commitment to nature conservation.
43.
In some respects, such priorities are in line with the State’s commitments under the
International Covenant on Economic, Social and Cultural Rights. However, government
policies based on people’s needs, defined mostly through a top-down approach, fall short of
implementing people’s rights. For example, the designation of 70% of the national territory
as forestland may be a good step towards nature conservation, but this will affect over
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