A/HRC/44/6/Add.1
18.
At the same time, the Lao PDR cannot support the recommendations no.91, 95, 97,
105, 106 and 107, on amending of some restrictions under the current Media Law and Law
on Combating Cybercrime and other relevant legislations, as these limitations are to ensure
the protection of rights, reputations, dignity and honour of others, as well as national
security and social order as stipulated in Article 19 of ICCPR. Through a Gap Analysis
conducted by an international law expert, those laws were found to be in conformity with
the permissible restrictions in Article 19 of the ICCPR. As these laws were recently
adopted, the Law on Media and the Law on Cybercrime are not included in the current 5years Law Making and amendment plan of the National Assembly for 2020-2025.
19.
The Lao PDR cannot also support the recommendations no. 91, 95, 96, 97 and 104
on amending the Penal Code and relevant legislations by the 4th cycle of UPR. As the Penal
Code is newly codified, adopted and was promulgated in 2018, it is therefore, excluded
from the current 5-years Law Making and Amendment Plan (2020-2025) of the National
Assembly.
Recommendations No. 70, 71, 73, 74, 75, 76, 77, 78 and 79
20.
The Lao PDR cannot support these recommendations. However, the search for
missing Lao citizens, including Sombath Somphone, is the duty of the Lao government.
The decision to issue an official investigation order into the alleged cases of missing or
disappearance shall be considered on a case by case basis, by competent agencies based on
the credibility of information and legal grounds.
Recommendations No. 81, 109, 110 and 113
21.
The Lao PDR upholds its laws which prohibit arbitrary arrests, torture and other illtreatments, such protection of which is provided for all citizens regardless of gender,
ethnicity, religion or belief and other social strata as stipulated in the Constitution and
relevant laws. However, the Lao PDR considers these recommendations as entirely
inaccurate and do not reflects the real situation in the country.
Recommendation No.114
22.
The Lao PDR cannot support recommendation no. 114 on making an amendment to
the newly amended Decree No.238 on Associations because the drafting process of this
Decree had gone through extensive consultations with all relevant stakeholders. Moreover,
the Lao PDR considers some parts of this recommendation as entirely inaccurate and do not
reflect the real situation in the country.
Recommendation No. 117
23.
The right to freedom of religion of the Lao citizen is guaranteed by the Constitution
and relevant legislations. However, the conduct of religious activities shall abide by the
Decree No. 315. The purpose of the Decree 315 is to facilitate the religious activities. The
drafting process of this Decree also included extensive consultations with representatives of
all legally recognized religious organizations in the Lao PDR.
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