Mission to Lao People’s Democratic Republic

August 25 – 27, 2013

Introduction

From August 25-27, 2013, AFAD Chairperson has joined the EU Parliament for a mission in Lao People’s Democratic Republic  (Lao PDR) to gather information and meet different relevant stakeholders regarding the disappearance of Sombath Somphone.

It is now over eight months since Sombath Somphone disappeared.

Sombath is one of the most respected and influential voices for sustainable people-centered and just economic and social development in Laos. He is the founder and former Director of the Participatory Development Training Centre (PADETC), and the winner of the 2005 Ramon Magsaysay Award for community leadership. He was the Co-Chair of the National Organizing Committee of the Asia Europe People’s Forum 9 (AEPF9), which was held in October 2012 in Vientiane, before the Asia-Europe Meeting (ASEM9).

On 15^th December 2012, Sombath Somphone disappeared, taken away in a truck by unknown persons after being stopped by police in Vientiane. Nobody has seen or heard from him since.

Despite repeated appeals from his wife and many hundreds of individuals, numerous governments and organizations, and widespread media coverage, we conclude that the Lao government has yet to conduct an adequate investigation into Sombath’s disappearance or provide a satisfactory explanation for his abduction.  The last report of the Lao investigating authorities of 7^th June 2013 again shows the limitations of the investigation to date and the lack of progress in fundamental areas such as tracking the vehicle of the abductors of Sombath Somphone.

The Observation

AFAD delegation spent most of the time in Vientiane talking to civil society, including with the leader of the organization that Sombath established PADETC, but mostly with the wife of Sombath Somphone, Shui Meng. From these meetings and discussions, AFAD confirmed that the case of Sombath Somphone is indeed the case of enforced disappearances as defined in Article 2 of the International Convention for the Protection of All Persons from Enforced Disappearances.

“the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.”[1] 

The disappearance of Sombath on December 15, 2012 fulfills the elements of the crime of enforced disappearance.

AFAD also observes that there is a factual lack of political will and commitment on the side of Lao government to solve the case of the disappearance of Sombath. Such lack of political will and commitment can be seen firstly on the denial of the Lao government to the fact that Sombath is indeed a victim of enforced disappearance as defined in the International Convention on Enforced Disappearance that the Lao government has signed in September 2008. The Lao government has failed to respond the call of Shui Meng for it to immediately locate and return her beloved husband Sombath home. With this denial from the Lao government, AFAD is in the same feeling with the family of Sombath that it is not only Sombath Somphone’s existence that has been denied, but also the family who, according to the International Convention on Enforced Disappearance has the right to know the circumstances and whereabouts of the victims.

AFAD also observes the presence of a culture of fear among the Laos people to talk about Sombath’s disappearance. From the meeting with civil society, AFAD observed that it is not that the Lao people do not know Sombath and his disappearance, but because the people of Lao are too afraid to know, let alone talk about the disappearance of Sombath. Shui Meng rightly said that there is a conspiracy of silence in Laos.

The conclusion and recommendation

The Lao PDR is a signatory to the CPED but has not yet ratified it. As a signatory to the Convention, Lao PDR is expected to act according to the spirit of its provisions and has the obligation to refrain from any actions that may defeat the object and purpose of the Treaty prior to its entry into force.[2]  It is important to note that in the February 2013 Universal Period Review of Laos PDR, one of the recommendations accepted by the government of the Lao PDR was the ratification of this treaty.  As a result the Lao PDR is required undertake concrete actions to enable the safe return of Sombath to his family.

In this regard, and also on the occasion of the International Day of the Disappeared (August 30), we respectfully request that the government of the Lao People’s Democratic Republic take the following actions:

• Use its extensive resources to enable the safe return of Sombath Somphone to his family;

• Ensure a secure, enabling environment that encourages learning and reflection and provides space for open, respectful, diverse and constructive dialogue for people committed to sustainable development and human rights in Laos;

• Ratify the International Convention for the Protection of All Persons from Enforced Disappearance

Sombath’s continuing disappearance is a matter of regional and international concern. We emphasize that an enforced disappearance constitutes a crime under international law. The Lao authorities’ handling of this case and their sincerity and success in ensuring the safe return of Sombath is the test by which their commitment to upholding human rights will be judged.

As human rights commitments underpin and are integrated into many of the bi-lateral and multi-lateral agreements that the Lao People’s Democratic Republic is committed to, we emphasize that the concerns about the disappearance of Sombath will continue to be shared with the EU, the UN, bilateral and multilateral donors, the World Trade Organization and others, and we will continue to request that they too demand for the safe return of Sombath.

Bangkok, August 28, 2013

Signed

Mugiyanto

Chairperson/Delegate of AFAD