A/HRC/41/39/Add.2
activities carried out by companies within their jurisdiction, including by incorporating at
the domestic level the due diligence and remedy requirements of the Guiding Principles on
Business and Human Rights and by ensuring that victims of such extraterritorial harm can
seek remedies in their judicial systems and have access to non-judicial mechanisms such as
national human rights institutions.
VIII. Priority recommendations
90.
Of the many recommendations contained in the present report, the Special
Rapporteur urges the Government and other stakeholders to prioritize addressing the
following issues:
(a)
Spending on health, education and early child development should be
increased significantly and immediately. A first step is to ensure that the target levels
stipulated in the annual budget are actually met. Such enhanced spending should also
be linked to a major long-term programme to build the human capital that is
indispensable if the Lao People’s Democratic Republic is to diversify economically
and ensure sustainable and equitable growth;
(b)
If the benefits of economic growth are to reach the poor, the
Government should systematically re-evaluate its strategy for attracting foreign
investment. Existing approaches have enriched the elites, done very little for the poor,
created minimal employment and brought remarkably few funds into the national
budget. Key elements of the strategy should include:
(i)
A re-evaluation of the hydropower strategy, including a comprehensive
and public impact assessment and improved planning for climate change and
future disasters;
(ii)
A thorough review of land concessions granted, the creation of a
transparent inventory of all such agreements and the prompt bringing into
compliance or termination of improperly executed or corrupt agreements;
(iii) Diversification of investment opportunities to emphasize and reward
employment creation for Lao people;
(iv) An evaluation of the economic, social and environmental impacts of
special economic zones;
(v)
Full disclosure of existing tax and tariff exemptions;
(vi) Full disclosure of the extent of public debt, disaggregated by lender, and
associated liabilities, including collateral guarantees;
(c)
Transparency of information is an essential element of good governance
and informed policymaking, yet secrecy and opacity are the current default settings.
They benefit the elites, facilitate corruption and mismanagement and rob the Lao
people of the benefits of their land and natural resources. The Government should
adopt and truly implement a comprehensive policy of transparency that includes upto-date social and economic statistics, budgetary information, government debt,
hydropower contracts, land concessions and special economic zone arrangements;
(d)
There are severe deficiencies in the rule of law. There are not enough
lawyers, the courts are largely an extension of the Party and the average person faces
many barriers to access. One option would be to explore a major reform of village
mediation committees to ensure gender equality, procedural fairness and the
feasibility of appeals. The crackdown on corruption must cover more than the small
fish and include prosecutions of the high-level officials responsible. Merely moving
offenders to other jobs sends a message of impunity;
(e)
An independent monitoring body should be created for the
environmental, social and human rights impacts of natural resource-related and other
large infrastructure projects, as well as industrial plantations, including for people
subject to involuntary resettlement and loss of land;
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