A/HRC/61/49/Add.1
6.
The contribution of hydropower to poverty reduction is questioned by stakeholders,
who regret a lack of transparency concerning costs, partners and lending agreements. This
renders the full impact of the sector on people’s livelihoods and the debt burden difficult to
assess. In addition, production of hydropower reportedly leads to serious social and
environmental impacts, undermining livelihoods, food security and the realization of
economic, social and cultural rights.
III. Strengths in and obstacles to realizing cultural rights in the
Lao People’s Democratic Republic
A.
Law and practice
7.
During the visit, the Lao authorities underlined their dedication to cultural rights,
recognizing them as vital for the country’s national identity and the rich diversity of its 50
ethnic groups.
8.
Cultural rights are enshrined in the Constitution, last modified in March 2025,
specifically in article 8, which guarantees “all ethnic groups the right to preserve, promote
and develop their fine traditions, customs and cultures as well as those of the nation”. Article
46 guarantees the freedom to “conduct studies in and to apply advanced sciences, techniques
and technologies, to create artistic and literary works and to engage in cultural activities
which are not contrary to the laws”.
9.
The Special Rapporteur appreciates that these provisions seemed to be well known
among officials, who often referred to the Constitution and to relevant laws and guidelines
adopted by the Lao People’s Revolutionary Party.
10.
However, it proved difficult to receive even general information on challenges or
shortcomings in concrete efforts to implement cultural rights. Throughout the exchanges,
references to the Constitution and existing legislation were repeatedly used to demonstrate
implementation, seemingly on the assumption that the legal framework is perfect and
uniformly applied in practice. This approach leaves limited space for reflection on gaps
between law and implementation. The Special Rapporteur regrets that opportunities for
candid discussion of challenges were constrained, particularly given the context of a special
procedure mandate holders visit, as the basis for such visits is constructive dialogue.
11.
The Special Rapporteur reiterates the importance of a strong legal framework
protecting cultural rights in accordance with international human rights treaties, but stresses
that it is no less important to ensure that implementation policies and practices are in
consonance with those treaties.
B.
Principle of non-discrimination in the context of cultural diversity
12.
The Special Rapporteur appreciates the State’s commitment to the principle of
non-discrimination. Various policies are aimed at promoting equality and addressing
discrimination in accordance with the Constitution and related legislation. Articles 8, 35 and
36 of the Constitution protect the right to equality before the law and affirm the Government’s
commitment to unity and equality among all ethnic groups, prohibiting all acts that create
division or discrimination among ethnic groups. Given this emphasis, it is surprising that the
country lacks a dedicated anti-discrimination law.
13.
The understanding of non-discrimination articulated by public authorities is not
aligned with international standards. All officials, when asked, stated that non-discrimination
meant that everyone was treated “the same”, and that measures to protect the cultural rights
of some specific people or groups would not be possible due to the principle of
non-discrimination.
GE.26-01463
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