A/HRC/13/40/Add.4
V. Issues of concern related to the mandate
23.
The Special Rapporteur would like to highlight some aspects of the status of
freedom of religion or belief in the Lao People’s Democratic Republic. In this chapter, she
will focus on the following issues of concern related to her mandate: (a) the text and
implementation of Decree No. 92/PM for the Management and Protection of Religious
Activities; (b) allegations of forced conversions and evictions; (c) the isolation of religious
minorities; (d) liberty of movement in the context of religious activities; (e) freedom of
religion or belief of persons deprived of their liberty; and (f) some beliefs and customs of
animists or ancestor worshippers.
A.
Decree No. 92/PM for the Management and Protection of Religious
Activities
24.
The Prime Ministerial Decree No. 92/PM for the Management and Protection of
Religious Activities,6 which was passed in 2002, was at that time a step forward in
advancing freedom of religion or belief in the Lao People’s Democratic Republic.
However, some provisions of the Decree are not in conformity with applicable international
human rights standards and the Special Rapporteur would like to recommend that the
Government review the relevant articles of the Decree. Most importantly, the Decree needs
complementary policy directions that can be passed on to the provincial and district levels
so that the Decree is not misinterpreted to the detriment of religious minorities. Local
authorities admitted that there had been misunderstandings regarding the comprehension of
the Decree in the past and they appreciated the idea of receiving a written policy from the
central Government for better clarity of the spirit and scope of the Decree.
25.
In this context, the Special Rapporteur would like to refer to the ratification of the
International Covenant on Civil and Political Rights by the Lao People’s Democratic
Republic on 25 September 2009. The Special Rapporteur very much welcomes this recent
initiative of the Government. She trusts that the ratification will contribute to advancing
freedom of religion or belief in the country, especially since all States parties to the
Covenant are obliged to submit regular reports to the Human Rights Committee which
monitors implementation of the human rights obligations of States parties. The Covenant
enshrines, inter alia, the principle of non-discrimination (articles 2 and 26), the right to
freedom of thought, conscience and religion (article 18), the right to freedom of opinion
and expression (article 19), the prohibition of any advocacy of national, racial or religious
hatred that constitutes incitement to discrimination, hostility or violence (article 20), and
the protection of the right of persons belonging to ethnic, religious or linguistic minorities
to profess and practise their own religion (article 27).
26.
In order to illustrate the problems of interpretation and possible adverse
consequences for individual believers and religious communities in the Lao People’s
Democratic Republic, the Special Rapporteur analyzes in this subsection some provisions
of the Decree and refers to the relevant international human rights standards. Her main
concerns relate to (a) vaguely worded obligations and duties imposed on religious
communities; (b) the implementation of the relevant registration provisions; and (c) the
6
GE.10-10542
For an overview, see paras. 13–17 above; a translation of the full text of the decree is available at
http://app02.laopdr.gov.la/ePortal/lao/detail.action;jsessionid=9kYZKv4LChVLdGhWdrh5M7BfmJ1
K02RqkMbN0jlQ5JjfyHBpMzR5!32904345?id=11538.
9