A/HRC/43/51/Add.3
Rights, this includes the responsibility of the state to redress infringements that occur outside
of their territories, due to the activities of business entities over which they can exercise
control.
Lao People’s Democratic Republic
408.
JUA 25/09/2019
Case no: LAO 2/2019
State reply: 17/01/2020
Allegations concerning the alleged enforced disappearance of Mr. Od Sayavong.
409.
PR 1/10/2019
UN experts concerned by disappearance of Lao human rights defender
410. The Special Rapporteur thanks the Government of Lao People’s Democratic Republic
for its reply to communication LAO 2/2019, concerning Lao human rights defender Od
Sayavong. The Special Rapporteur takes note of the Government’s reported efforts to obtain
information on the cases but is troubled by the Government’s assertion that no one knows
where Mr. Od was living at the time of his disappearance, since this element was clearly
related in the communication sent by Special Rapporteurs to the Government. Information
reported in the communication states that Mr. Od was living in Thailand under refugee status
granted by UNHCR and describes how Thai authorities had shown CCTV footage of Mr.
Od’s residence on the day of his disappearance to two of his housemates in Bangkok at the
Bueng Kum police station in Bangkok on 4 September 2019.
411. The Special Rapporteur expresses grave concern about the alleged enforced
disappearance of Mr. Od, which appears to be directly linked to his peaceful activities in
defence of human rights. He is further concerned that Mr. Od may be at risk of forcible
repatriation to the Lao People’s Democratic Republic, where he may face significant risks,
given persistent reports of arbitrary arrests, trial without due process, and criminal
convictions for criticism of authorities or policies, as well as consistent reports of punishment
amounting to torture and ill-treatment, a number of alleged victims of enforced
disappearances, the lack of a legal framework criminalizing all acts of enforced
disappearance, and a pattern of impunity for such acts (Human Rights Committee,
Concluding observations on the initial report of the Lao People’s Democratic Republic, 23
November 2018, CCPR/C/LAO/CO/1, paragraphs 19, 23, 33). UNHCR’s recognition of Mr.
Od as a refugee indicates that he faces a well-founded fear of death or persecution in the Lao
People’s Democratic Republic.
412. Furthermore, given that Mr. Od met with the Special Rapporteur on extreme poverty
and human rights in Bangkok in March 2019, concern is expressed that his cooperation with
the Special Rapporteur may have possibly contributed to his alleged disappearance. Should
this be the case, it may be considered as an act of reprisal for Mr. Od’s cooperation with the
UN on human rights.
Malaysia
413.
JAL 10/05/2019
Case no: MYS 2/2019
State reply: 24/01/2020
Allegations concerning investigations into the organisers of a women’s day
march in Kuala Lumpur under the Sedition Act, and the summoning for questioning of
LGBT+ human rights defender Mr. Numan Afifi in connection with his participation
in the 40th session of the Human Rights Council in Geneva.
414. The Special Rapporteur thanks the Government of Malaysia for its response to
communication MYS 2/2019.
415. With regards to the alleged investigations into organisers of the International
Women’s Day march in Kuala Lumpur under the Sedition Act 1948 and the Peaceful
Assembly Act 2012, the Special Rapporteur acknowledges the Government’s denial that
investigations took place under this legislation, but regrets the lack of any further information
regarding the legal basis upon which they were investigated. The use of sedition legislation
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