A/HRC/13/40/Add.4
living and the dead. There are highly detailed manuals to this effect and the related
liturgical rules reportedly date back to the fourteenth century. Further ceremonies may
involve, for example, beating the drum or the cymbals, dancing, chanting, making paper
puppets and whispering secret formulae.
58.
The Special Rapporteur was also informed of examples of harmful traditions and
cruel practices of some ethnic minorities in the Lao People’s Democratic Republic.
Members of the Akha ethnic group, who mainly live in the northern provinces of
Phongsaly, Luang Nam Tha, Oudomxay and Bokeo, seem to regard giving birth to twins as
a misfortune and believe that twins are demons or ghost children who have to be killed
instantly after birth. In addition, the parents of the twins are usually forced to leave the
village for a certain period of time and to burn their house. The local shaman is believed to
need to purify the entire village and the affected lineage. The Government has spoken out
against and prohibits these cruel practices. In a recent case in Phongsaly province in
November 2009, new-born twins from the Akha ethnic group were reportedly given up for
adoption to foster parents outside the village to prevent any violence being perpetrated on
the infants.
59.
Some ethnic groups, found mainly in the northern provinces of the country,
reportedly used to offer opium during village events such as celebrating New Year,
shamanistic rituals and funeral wakes. This practice is said to have contributed to a high
level of opiate dependency and in 1998 the Lao People’s Democratic Republic had one of
the highest opium addiction rates in the world. In 2005, opium cultivation was officially
prohibited by the Government and opium addiction has reportedly dropped significantly.
60.
With regard to harmful traditions and cruel practices, the Special Rapporteur would
like to refer to General Assembly resolution 63/181, in which the Assembly emphasizes the
need to address the situations of violence and discrimination that affect many women, as
well as other individuals, on the grounds or in the name of religion or belief, or in
accordance with cultural and traditional practices, and the misuse of religion or belief for
ends inconsistent with the Charter of the United Nations and other relevant instruments of
the United Nations. In this context, the Special Rapporteur acknowledges that it is a
difficult task to distinguish between the manifestations of religion or belief, which are
protected under international human rights law, and harmful cultural or traditional
practices. However, if such practices have detrimental effects on the enjoyment of the
fundamental rights and freedoms of others, the State may and sometimes is even obliged to
intervene. Ultimately, this decision should be taken on a case-by-case basis, taking into
account any particular circumstances and the specific context. The Special Rapporteur
would like to emphasize that freedom to manifest one’s religion or beliefs may be subject
only to such limitations as are prescribed by law and are necessary to protect public safety,
order, health, or morals, or the fundamental rights and freedoms of others.19
VI.
Conclusions and recommendations
61.
The people of the Lao People’s Democratic Republic are generally very tolerant
and easy-going on religious matters. During the last twelve years, however, the
current mandate holder and her predecessor have received a number of very serious
allegations of human rights violations by the State. The Special Rapporteur has
communicated with the State in this regard, for example concerning alleged arrests
and detentions on the basis of religion or official campaigns aimed at forcing
19
18
Article 18, para. 3, of the International Covenant on Civil and Political Rights.
GE.10-10542