A/HRC/13/40/Add.4
Christians to renounce their faith.20 The situation seems to have vastly improved
recently, however the Special Rapporteur remains concerned with individual cases as
well as with certain practices and policies that clearly violate freedom of religion or
belief and are contrary to international norms, as well as guarantees provided under
the Constitution.
62.
The authorities seem to have a strong preoccupation in maintaining social
harmony and unity. Religion is regarded as a controversial issue, especially when it is
linked to foreign “divisive” influences and Christianity in particular is seen by the
Government as dividing people’s loyalty. In addition, the authorities are generally
suspicious of organized religious activities, especially where missionary activities and
active proselytism are alleged.
63.
Although the Constitution of the Lao People’s Democratic Republic does not
proclaim any official State religion, many of the Special Rapporteur’s interlocutors
indicated that the authorities have in fact embraced Buddhism and that high officials
often link Lao nationalism with Buddhist identity. The Special Rapporteur recognizes
that Buddhist traditions are a rich legacy for the country and indeed need to be
cherished. However, such an approach must not marginalize members of religious
minorities or discriminate against them. The Special Rapporteur would like to
reiterate that the test of freedom of religion or belief lies in the level of tolerance
extended to religious minorities. In addition, interreligious and intrareligious
dialogues at various levels may help to defuse tensions and promote tolerance and
mutual understanding.
64.
There appears to be a growing awareness within the Government of the need
for respecting religious diversity and the Special Rapporteur hopes that this new
trend will be sustained and fostered. The political will of the Government and of the
political party will be critical in strengthening respect for religious freedom and
diversity. However, freedom of religion or belief, like any other human right, can only
be fully enjoyed in an environment where there is a vigilant civil society and freedom
of expression, as well as independent institutions and the rule of law.
65.
The Special Rapporteur would like to make the following recommendations
with regard to Decree No. 92/PM for the Management and Protection of Religious
Activities; allegations of forced conversions and evictions; the isolation of religious
minorities; liberty of movement in the context of religious activities; freedom of
religion or belief of persons deprived of their liberty; and some beliefs and customs of
animists or ancestor worshippers.
66.
As the National Assembly is currently contemplating the introduction of
legislation to replace Decree No. 92/PM, the Special Rapporteur would like to refer to
her legal analysis and observations in this regard (see paras. 24–39 above). Any
legislative text should avoid imposing vaguely worded obligations on religious
communities, including with regard to registration procedures, and should
discontinue the extensive oversight powers currently given to various government
entities in this regard. Explanatory policy directions should be passed on to the
provincial and district levels in order to avoid any discriminatory interpretation to the
detriment of religious minorities.
20
GE.10-10542
See E/CN.4/1997/91, paras. 18–24 and 34; E/CN.4/1999/58, paras. 86–88; E/CN.4/2000/65, para. 88;
E/CN.4/2001/63, para. 123; A/56/253, paras. 23–24; E/CN.4/2002/73, para. 103; A/57/274, para. 60;
A/58/296, para. 86; E/CN.4/2004/63, paras. 80–81; A/59/366, paras. 51–52; and A/HRC/10/8/Add.1,
paras. 129–134.
19