A/HRC/13/40/Add.4
general comment No. 22 emphasized that prisoners continue to enjoy their rights to
manifest their religion or belief to the fullest extent compatible with the specific nature of
the detention. Detainees should also be allowed access to qualified representatives of any
religion, while they should not be obliged to consult a minister of religion if they do not
wish to do so.
53.
The State should provide personnel of detention facilities with adequate training,
raising awareness of and enhancing their sensitivity as to their duty to promote and respect
international human rights standards for the treatment of prisoners, including the right to
freedom of religion or belief. In order to prevent any potential abuse, States should also
ensure that detention facilities are the object of intense public scrutiny and put in place
effective complaints mechanisms.
F.
Beliefs and customs of animists or ancestor worshippers
54.
During her mission, the Special Rapporteur was informed of the various beliefs and
customs of practitioners of animism or ancestor worshippers in the Lao People’s
Democratic Republic. Since this particular aspect of freedom of religion or belief has so far
not been addressed in detail in the mandate practice, the Special Rapporteur would like to
give a brief overview of such beliefs and customs in the context of the Lao People’s
Democratic Republic and their possible human rights implications.
55.
Animist beliefs persist among a large proportion of Lao citizens despite a historic
Decree issued by King Phothisarat in 1527 suppressing the worship of cults and more
recent efforts to provide information on the adverse effects of some related traditions and
practices.18 In particular, members of the hill tribes in remote mountainous areas believe
that spirits inhabit all animate and inanimate forms of nature, for example rivers, rocks,
crops, fire and the sky. Members of several hill tribes traditionally wore protective tattoos
on their arms or faces as a talisman against evil spirits, however this customs seems to be
on the decline since it was banned in 1975. There is also a widespread fear among many
tribal communities of possession by demons, magic spells and incantations. People who are
suspected of being possessed by demons have reportedly been banished from their villages
or obliged to live in segregated areas. Some animists also resent the intrusion of any
outsiders during their rituals and observe a number of taboos.
56.
Animists usually believe in offerings and sacrifices of animals in order to stay on
good terms with the spirits. Consequently, much of the livestock bred by Lao hill tribes is
destined for sacrificial use. There are also complex rituals linked to rice cultivation as an
essential part of a belief system in which the paramount deities are spirits of the soil. Some
animists resent anybody converting away from their community because they believe in
communal sacrifice and appeasement of their ancestors, which would require joint activities
by all members of the village, according to their belief. This approach sometimes creates
problems with non-animistic believers, especially those who converted to Christianity and
who do not wish to participate in specific animistic ceremonies or contribute to the sacrifice
of animals.
57.
Some animistic believers combine their belief with spirit and ancestor worship,
which is presided over by local shamans or sorcerers. Shamans are believed to know the
correct procedures for making contact with the spirits and relaying messages between the
18
GE.10-10542
See Stephen Mansfield, Lao Hill Tribes – Traditions and Patterns of Existence, Oxford University
Press, 2000, pp. 53–66.
17