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62 NGOs call for a new investigation into his enforced disappearance of Sombath Somphone
by International Federation for Human Rights
Laos
 
December 2014
 
International support is now needed to investigate the enforced disappearance of a leading Laotian human rights defender, a group of United Nations independent experts have said today. The Human rights activist Sombath Somphone has been missing since December 2012.
 
“It is high time for the authorities of the Lao People’s Democratic Republic (PDR) to voluntarily request international assistance with the aim of shedding light on Mr. Somphone’s fate and whereabouts, two years after his disappearance,” the experts said. “International law makes clear that the Government of the Lao People’s Democratic Republic has the duty to carry out an independent, thorough, credible and effective investigation.”
 
Mr. Somphone is a prominent human right activist who was working on issues of land confiscation and assisting victims in denouncing such practices. He was last seen at a police check point with his car parked in the police compound.
 
“We urge the authorities to release more information about the progress of investigation, especially to his family,” the independent experts stressed. “In the absence of any tangible progress, we strongly recommend that an international team of experts work jointly with the Lao People’s Democratic Republic’s to fulfil its legal obligations.”
 
“We also encourage all States to offer their support to the Government of Lao PDR to ensure that the disappearance of Mr. Somphone is thoroughly investigated,” the experts added.
 
The situation of human rights in Lao is due to be assessed in January 2015 through the Universal Period Review process, which involves a review of the human rights records of all UN Member States. Under the auspices of the Human Rights Council, the process provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations.
 
“We call on the Government of the Lao People’s Democratic Republic to fully cooperate with the Human Rights Council and its Special Procedures mechanisms,” they added.
 
The experts hope that the authorities will respond favorably to a request for an invitation to visit the country by the mandate of the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association.
 
62 NGOs call for a new investigation into his enforced disappearance of Sombath Somphone
 
We, the undersigned 62 regional and international organizations, express outrage over the Lao Government’s ongoing failure to shed light on the enforced disappearance of prominent activist and civil society leader Sombath Somphone.
 
December 15, 2013 marks the one-year anniversary of Sombath’s disappearance. Sombath was last seen on the evening of December 15, 2012 in Vientiane. Closed-circuit television (CCTV) footage showed that police stopped Sombath’s car at a police post. Within minutes after being stopped, unknown individuals forced him into another vehicle and drove away. Analysis of the CCTV footage shows that Sombath was taken away in the presence of police officers. This fact supports a finding of government complicity.
 
Despite the Lao Government’s pledge to “thoroughly and seriously” investigate Sombath’s disappearance, the authorities’ probe has been inadequate and unproductive. On January 18, 2013, 65 NGOs signed a joint letter to Lao Prime Minister Thongsing Thammavong to express their concern over Sombath’s disappearance. Since then and in spite of widespread international calls for his return, including from the European Union (EU), the Association of Southeast Asian Nations (ASEAN) parliamentarians, the USA and the Office of the United Nations High Commissioner for Human Rights, Sombath’s whereabouts remain unknown and there has been no progress in the investigation into the circumstances of his enforced disappearance. In addition, the authorities have rejected offers of technical assistance to analyze the CCTV footage.
 
For the past 30 years, Sombath has pushed tirelessly for expansion for civil society space and rights of the rural poor and young people to have a voice in the development of Lao society and governance. Shortly before his disappearance, Sombath played a key role in organising the Asia-Europe People’s Forum (AEPF), a civil society forum that preceded the official Asia-Europe Summit Meeting. At the forum, discussions on land and water issues, and poorly regulated FDIs which threatened people’s livelihoods were discussed openly for the first time in Laos.
 
Sombath’s enforced disappearance is not an isolated incident. To this day, the whereabouts of nine people, two women, Kingkeo and Somchit, as well as seven men, Soubinh, Souane, Sinpasong, Khamsone, Nou, Somkhit, and Sourigna, arbitrarily detained by Lao security forces in November 2009 in various locations across the country remain unknown. The nine had planned peaceful demonstrations calling for democracy and respect of human rights. Also unknown are the whereabouts of Somphone Khantisouk, the owner of an ecotourism guesthouse and an outspoken critic of Chinese-sponsored agricultural projects that were damaging the environment in the northern province of Luang Namtha. He disappeared after uniformed men abducted him in January 2007.
 
The Lao Government’s failure to undertake proper investigations into all these cases of enforced disappearances violates its obligations under Article 2(3) of the International Covenant on Civil and Political Rights (ICCPR), to which Laos is a State party. The ICCPR states that governments must provide an “effective remedy” for violations of rights guaranteed by the Covenant, including the right to liberty and security of person.
 
We call on the Lao Government to:
 
Establish a new commission tasked with carrying out a prompt, thorough, independent, and impartial investigation into Sombath’s enforced disappearance and return him safely to his family.
 
Identify and hold accountable those responsible for Sombath’s enforced disappearance.
 
Undertake a thorough, impartial, and effective investigation into all allegations of enforced disappearances.
 
Extend an invitation for a country visit by the UN Working Group on Enforced and Involuntary Disappearances.
 
Ratify the International Convention for the Protection of All Persons from Enforced Disappearance.
 
Respect and protect the rights of all human rights defenders, activists, and members of civil society.
 
We call on the international community, particularly EU Member States, ASEAN Member States, and the U.S., to:
 
Raise the issue of Sombath Somphone’s enforced disappearance with the Lao Government in all bilateral and multilateral fora.
 
Urge the Lao Government to immediately release all political prisoners and conduct effective and thorough investigations aimed at safely returning victims of enforced disappearances to their families.
 
Exert political and economic pressure on the Lao Government to ensure the promotion of reforms that guarantee respect for fundamental human rights in accordance with its international obligations.
 
http://www.hrw.org/news/2016/07/15/laos-premier-should-account-disappeared-activist http://www.fidh.org/en/asia/laos/14385-sombath-somphone-one-year-on-62-ngos-call-for-a-new-investigation-into-his


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Rights in Crisis - Governments fail to uphold obligations in midst of economic downturn
by Center for Economic and Social Rights
 
What began as a financial crisis is rapidly turning into a global human rights crisis.
 
Just as greater poverty and misery are threatening the realization of economic and social rights, the repression of growing social protest is threatening civil and political rights.
 
A rising tide of xenophobia and discrimination is also already threatening the wellbeing of migrants and minorities. Yet despite the human rights dimensions of the crisis, government responses have largely failed to take their obligations in this regard into account. Austerity measures being implemented in countries such as Spain and Ireland are exacerbating the marginalization of vulnerable sectors rather than protecting their inherent human rights.
 
The Center for Economic and Social Rights calls on governments and policy-makers to take into account their obligations to respect, protect and fulfill human rights for immediate crisis responses and longer-term decisions about economic policy and economic governance.
 
A human rights approach challenges complacency over the terrible consequences of the economic crisis on human lives and human dignity. Many organizations are estimating how many millions of people will lose their homes, their livelihoods, their incomes, their health and education. The World Bank, for example, estimated that up to 400,000 children would die in 2009 as a result of the crisis.
 
But these terrible consequences of the crisis often are accepted as inevitable, as if there is nothing that we can do about them. A human rights approach challenges this complacency - it is not inevitable, and nor is it acceptable to accept these losses to human life and dignity.
 
We have to reorder our priorities and put people first. Indeed governments have obligations under human rights conventions to prioritize the fulfillment of "minimum essential levels" of economic and social rights, to guard against any discrimination and to target the most vulnerable.
 
These obligations are not derogable - they become even more essential in times of crisis. It is not acceptable that governments can allocate billions of dollars for banking bailouts, yet make few resources available to prevent as many as 400,000 children from dying during the crisis.
 
Human rights must be central to our understanding of the impacts and consequences of the crisis, but also the causes of the crisis. This understanding helps to frame choices of policy responses in ways that address human rights concerns.
 
The real consequences and the greatest burden of the impacts has fallen on the poorest and most marginalized communities and the realization of their human rights.
 
The rights to housing, work, food, water, education, health, and even the right to life are all being threatened, yet states responses so far do not appear to be guided by the need to avoid retrogression and violations of these rights.
 
A human rights analysis requires us to take a step back and analyze the deeper, structural causes of the crisis. This includes, for example, understanding the role of the international community"s and international financial institutions actions and failures to act that contributed to the crisis.
 
Examples include the failure of states to regulate in the public interest and the failure of states to address unequal development, rising inequalities, stagnating wages, where these amount to failures to respect, protect and fulfill human rights.
 
In the short term, the choice of responses must prioritize the people - rather than the banks and businesses - that are most affected. In the long term, it means addressing the structural causes and abuses of power that have caused the crisis, redefining the principles that underlie the global economy to ensure the capacity of governments and non-state actors to respect, protect and fulfill the human rights of all people.
 
http://cesr.org/section.php?id=139 http://www.coe.int/en/web/commissioner/-/austerity-measures-across-europe-have-undermined-human-rights http://www.unicef.org/socialpolicy/index_economiccrisis.html http://www.escr-net.org/usr_doc/EconomicCrisisHRStatement_ESCR-Net_final_eng_withendorsements.pdf


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