A/HRC/13/40/Add.4
the International Covenant on Civil and Political Rights bars coercion that would impair the
right to have or adopt a religion or belief as well as policies or practices having the same
intention or effect, such as those restricting access to education.13
41.
At the same time, the Special Rapporteur was informed by different interlocutors
that such unacceptable practices, which are obviously a flagrant violation of freedom of
religion or belief, seem to be very much on the decline in the Lao People’s Democratic
Republic. The authorities that she met acknowledged that some incidents had indeed taken
place in the past but this has now been corrected. They assured the Special Rapporteur that
fresh instructions had been passed down to the local administration level and that these
incidents will not be tolerated in the future. Representatives of local administration and
members of the Christian community also confirmed this turn of events.
42.
Many interlocutors from the Government emphasized that Christianity was
spreading in the country and they alleged in this context that some Christian groups were
using material assistance or bribes in order to lure poor people into converting to
Christianity. However, the Special Rapporteur was neither presented with any evidence in
this regard nor did she talk to any alleged victim of so-called “unethical conversion”. In
addition, alleged “unethical conversions” seem to be unlikely in practice in the Lao
People’s Democratic Republic since all international humanitarian and development NGOs
have to work under the close supervision of the Government, which in itself is problematic
for the above-mentioned reasons (see paras. 34–39 above). Article 20 of the Decree, for
example, requires approval for accepting any assistance from foreign religious agencies or
believers, or from international organizations, and every handover of properties must be
undertaken in the presence of members of the Lao Front for National Construction and of
the local administrative authority.
43.
In order to prevent any problems with the authorities, some religious communities,
like the Bahá’ís, Muslims and Roman Catholics, seem to refrain in the domestic context
from any missionary activity, even if this would be to some extent inherent to their faith.
Buddhists and Hindus, on the other hand, generally do not consider proselytism central to
their religious obligations. Consequently, the negative aspersion of engaging in alleged
“unethical conversions” is mainly cast by the State on some “foreign” Evangelical groups.
However, the Special Rapporteur would like to reiterate that missionary activity is accepted
as a legitimate expression of religion or belief and therefore enjoys the protection afforded
by article 18 of the International Covenant on Civil and Political Rights and other relevant
international instruments. Missionary activity cannot be considered a violation of the
freedom of religion and belief of others if all involved parties are adults able to reason on
their own and if there is no relation of dependency or hierarchy between the missionaries
and the objects of the missionary activities.14
C.
Isolation of religious minorities
44.
The Special Rapporteur remains concerned about the isolation of members of
religious minorities. They have little or no access to higher education and do not seem to
benefit from the quota system that exists in the Lao People’s Democratic Republic. Article
22 of the Constitution requests the State to create opportunities and favourable conditions in
education for all people throughout the country, especially people in remote areas, ethnic
13
14
14
Human Rights Committee, general comment No. 22 (1993) on freedom of thought, conscience or
religion, para. 5.
A/60/399, para. 67.
GE.10-10542