A/HRC/41/39/Add.2
report the type and resolution of grievances and provide for independent rather than
government ministry follow-up.
VI. Civil society as a partner in development
72.
In his end of mission statement, the Special Rapporteur describes in detail the
repressive policies designed to suppress and deter all civil society activity that seeks to do
anything beyond working for or supporting the Government. In addition to violating the
Government’s human rights obligations, the policies are costly and self-defeating. In the
absence of a functioning civil society, informed social policies cannot be designed, the
information needed to inform responsive economic policies cannot be obtained, anticorruption campaigns cannot flourish and Governments cannot reap the benefits of diverse
inputs into policymaking. Suppression drives activity underground, leads to stored up
resentment, requires a huge unproductive apparatus, leaves those aggrieved without
remedies and prevents the new generation of Lao people from offering solutions to the
country’s many challenges. If poverty is to be tackled, genuine civil society space is
essential, for the robust discussion of ideas, raising important concerns, sharing knowledge
and experience, promoting transparency and addressing corruption.
73.
The Government should consult on ways in which the 2017 Decree on Associations
No. 238 could be amended to enable civil society organizations to function meaningfully
and freely. Stringent restrictions on travel within the country by non-profit associations,
including requirements that they must always be accompanied by government monitors,
should be eliminated. It is telling that the Government has expanded the time frame within
which it registers a non-profit association to 165 days, while reducing the time frame for
setting up a company, from six months to less than one month. 64
74.
The Government has already undertaken to giving careful consideration to the
concluding observations adopted by the Committee on the Rights of the Child
(CRC/C/LAO/CO/3-6) and the Committee on the Elimination of Discrimination against
Women (CEDAW/C/LAO/CO/8-9). It should also implement the relevant
recommendations relating to civil society made in the context of the second cycle of the
universal periodic review process, in 2015, and the concluding observations adopted by the
Human Rights Committee (CCPR/C/LAO/CO/1). It will be in a much better position to
report positively in the context of the third cycle of the universal periodic review, in 2020,
if it acts now in that respect.
75.
The National Assembly should explore ways to bring civil society perspectives into
its increasingly vibrant debates.
76.
The Government should finally allow a meaningful investigation of the
disappearance of Sombath Somphone, a widely admired civil society leader last seen
getting into a vehicle after being stopped at a police checkpoint in 2012.
77.
The international community must assist and advise the Government in those areas.
Choreographed dialogue achieves little, and the quiet pursuit of development goals while
sidelining a discussion of human rights and civil society space will not lead to sustainable
growth, a robust domestic economy or a stable society. Donors should transparently support
steps to open up civil society space and public debate. They should speak up publicly to
break the suffocating silence surrounding the issue, because others cannot; it is not enough
to deliver the message only behind closed doors. Diplomacy is a balancing act, but donors
should ask whether the initiatives that they tout as accomplishments are leading to progress
in the long term or helping to mask persistent problems. They can also play a role in
following up on the recommendations made in the context of the universal periodic review
and by the human rights treaty bodies.
64
The Economist, “Country report: Malaysia”, p. 13.
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