Dec 14, 2018 | News
Today, on the sixth anniversary of the disappearance of Lao civil society leader Sombath Somphone, the ICJ joined 106 organizations and 37 individuals in a joint statement calling for an independent, impartial and effective investigation to reveal his fate and whereabouts.
The statement read as follows:
14 December 2018: On the eve of the sixth anniversary of the enforced disappearance of Lao civil society leader Sombath Somphone, we, the undersigned organizations, reiterate our calls for the Lao government to conduct an independent, impartial and effective investigation to reveal his fate and whereabouts.
Sombath was last seen at a police checkpoint on a busy street of the Lao capital, Vientiane, on the evening of 15 December 2012.
Footage from a CCTV camera showed that Sombath’s vehicle was stopped at the police checkpoint and, within minutes, individuals forced him into another vehicle and drove him away in the presence of police officers. CCTV footage also showed an unknown individual driving Sombath’s vehicle away from the city center.
The fact that police officers were present at and witnessed Sombath’s abduction and failed to intervene strongly indicates state agents’ involvement in, or acquiescence to, human rights violations committed against Sombath, which include the crime of enforced disappearance.
Later that evening, witnesses reportedly saw Sombath at a police holding facility in Vientiane yet to date officials have provided no information about what he was doing there and subsequently what happened to him.
For the last six years, the Lao government has failed to provide any credible answers with regard to the disappearance of Sombath Somphone.
In its most recent pronouncements, made during the review of Laos’ initial report by the Human Rights Committee (CCPR) in July 2018, the Lao government said it had been “trying very hard” to investigate Sombath’s fate and whereabouts.
However, this statement has been contradicted by the government’s refusal to accept international assistance in conducting the investigation and to provide any details about the progress of its investigation.
Lao authorities have failed to disclose any new findings from their investigation of Sombath’s case to the public since 8 June 2013 and have met with his wife, Shui Meng Ng, only twice since January 2013.
Despite the government’s recent claim that police had the “capacity and techniques” to reveal Sombath’s fate and whereabouts, we remain extremely concerned by the lack of progress in the investigation by Lao authorities into his case and reiterate our call for Vientiane to allow international assistance towards conducting an independent, impartial and thorough investigation according to international law and standards.
The Lao authorities have international legal obligations to conduct such investigations and to bring persons responsible for serious violations to justice under treaties to which they are party, including the International Covenant on Civil and Political Rights and the Convention against Torture.
We also urge the Lao government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, which Laos signed in September 2008, to incorporate the Convention’s provisions into the country’s domestic legislation, and implement it in practice.
Until Sombath Somphone’s fate and whereabouts are revealed, we will not stop demanding that Sombath be safely returned to his family and we will continue to ask the Lao government: “Where is Sombath?”
Laos-SombathSomphoneDisappearance-Advocacy-JointStatement-ENG-2018 (full statement, including list of signatories, PDF in English)
Dec 13, 2018 | Advocacy, News, Non-legal submissions
The ICJ and Thai Lawyers for Human Rights (TLHR) welcome the decision of Prime Minister Gen. Prayut Chan-o-cha, acting as the Head of the National Council for Peace and Order (NCPO), to lift certain restrictions on political activities.
The organizations highlight, however, that much more is needed to fully reinstate protection of human rights and fundamental freedoms in Thailand ahead of elections scheduled to be held on 24 February 2019.
This order repealed Article 12 of HNCPO Order No. 3/2558, which prohibited the gathering of five or more persons for a “political purpose”, lifting a ban which had carried a punishment of imprisonment not exceeding six months and/or a fine not exceeding 10,000 Baht.
“The lifting of the ban on political gatherings is welcome – however, the new order only lifts one specific restriction imposed by HNCPO Order 3. Restrictions on fundamental freedoms imposed by other articles of HNCPO Order 3, such as the granting of broad, unchecked powers to military officers to investigate, arrest and detain persons for up to seven days, remain in force,” said Kingsley Abbott, ICJ’s Senior International Legal Adviser.
“We reiterate our call for the Thai government to immediately amend and repeal all laws, HNCPO Orders, NCPO orders and announcements inconsistent with Thailand’s international human rights obligations.”
ICJ and TLHR also express serious concern that even as nine orders and announcements have been repealed by HNCPO Order No. 22/2561, Article 2 of the order clarifies that “prosecutions, actions or operations” already in effect by virtue of those orders will not be affected by the coming into force of the Order.
Cases brought before 11 December 2018 under HNCPO Order No. 3/2558 to penalize persons exercising their rights to free expression, assembly and association can therefore legally continue to be prosecuted in courts.
“Cases brought under the now-repealed section of HNCPO Order 3 should be dropped or withdrawn. They should have never been brought before the courts in the first place,” said Abbott.
“In the lead up to elections next year, the Thai government must take further steps to expand space for free expression, assembly and association. This new order is welcome, but it is certainly not enough.”
Further information is available in the full statement below
Thailand-Lifting political ban-Advocacy-Joint Statement-2018-ENG (full statement in English, PDF)
Thailand-Lifting Political Ban-Advocacy-Joint Statement-2018-THA (full statement in Thai, PDF)
See also
ICJ, ‘Thailand: Lift ban on political gatherings and fully reinstate all fundamental freedoms in Thailand’, 1 October 2018
Further reading
ICJ, TLHR and Cross-Cultural Foundation (CrCF), Joint Follow-up Submission to UN Human Rights Committee, 27 March 2018
ICJ and TLHR, Joint submission to the UN Human Rights Committee, 13 February 2017
Contact
Kingsley Abbott, ICJ Senior Legal Adviser, email: kingsley.abbott(a)icj.org
Dec 12, 2018 | Events, News
On 12 December 2018, the ICJ co-organized a panel discussion at Bangkok Art and Culture Center (BACC) in Thailand marking the 6th anniversary of the evident enforced disappearance of prominent Lao civil society leader Sombath Somphone.
The panel discussion was co-organized with the International Federation for Human Rights (FIDH), ASEAN Parliamentarians for Human Rights (APHR) and Forum Asia.
On 15 December 2012, Closed Circuit Television (CCTV) footage taken by police cameras near a police checkpoint in Vientiane, Lao PDR, appeared to show that Sombath Somphone was abducted at the checkpoint by, or with the consent or acquiescence of, agents of the State. He has not been seen since.
Six years after his abduction, Laotian authorities have repeatedly failed to provide meaningful information as to his fate or whereabouts, or conduct an independent, impartial and effective investigation towards determining his fate. The last police report on his case was issued on 8 June 2013.
In light of the 6th anniversary, the panel discussion considered what further steps could be taken to continue advocacy on his case and spoke about regional implications and responses.
The panelists were:
- Ng Shui-Meng, Wife of Sombath Somphone;
- Edmund Bon, Lawyer, Malaysia’s Representative to the ASEAN Intergovernmental Commission on Human Rights;
- Premrudee Daoroung, Project SEVANA’s South-East Asia Coordinator;
- Charles Santiago, Malaysian Member of Parliament.
The panel was moderated by the Andrea Giorgetta from the International Federation for Human Rights (FIDH).
Dec 7, 2018 | Events, News
On 7 December 2018, the ICJ, together with the Embassy of the Federal Republic of Germany to Thailand, held an event at the German Ambassador’s Residence in Bangkok to mark Human Rights Day.
This was the fourth event co-hosted annually by the ICJ and the German Embassy as an early commemoration of International Human Rights Day, which falls on 10 December every year on the anniversary of the adoption of the Universal Declaration of Human Rights in 1948.
Ambassador-Designate H.E. Georg Schmidt delivered the opening address for the event, highlighting the importance of the principle of universality of human rights and noting the 70th anniversary of the Universal Declaration of Human Rights where that principle was enshrined.
ICJ’s Asia and the Pacific Director Frederick Rawski then delivered opening remarks, welcoming Germany’s long-standing support of the work of ICJ and its partners in Thailand in advancing the rule of law and human rights. He highlighted some positive developments in the human rights situation and stressed upon continuing challenges, in the context of potential upcoming elections in February 2019. He also recognized the crucial work of human rights defenders in Thailand.
Yaowalak Anuphan, Head of Thai Lawyers for Human Rights (TLHR), opened the discussion on the current human rights situation in Thailand, particularly focusing on challenges in the legal landscape and fundamental freedoms in the context of potential upcoming elections.
A panel discussion on prevailing human rights concerns then followed, moderated by ICJ’s Frederick Rawski. The discussion touched on a range of themes including land rights and the rights of indigenous peoples; human rights violations in the Deep South; Business and Human Rights and Thailand’s National Action Plan on Business and Human Rights; and refugee and migrants’ rights.
The panelists were:
- Pornpen Khongkachonkiet, Director, Cross Cultural Foundation;
- Waesonk Baneng, Lawyer, Muslim Attorney Centre Foundation;
- Sor Rattanamanee Polkla, Coordinator and Lawyer, Community Resource Centre Foundation;
- Yuhanee Jehka, Legal Officer, Asylum Access Thailand.
Approximately 80 individuals from Thai civil society, the diplomatic community, affected communities, academia, and Thailand’s Ministry of Justice and Ministry of Foreign Affairs attended the event.
Dec 5, 2018 | News
From 28 November to 3 December 2018, a delegation of the ICJ carried out a learning and assessment visit to two factories in Indonesia that are part of the supplier network of the global brand adidas.
The ICJ delegation noted at the conclusion of the visit to two of the global brand’s supply chain factories a number of elements of good practice, highlighted in the full statement available below.
The mission did not aim to identify human rights impacts or to assess individual cases, their procedures and outcomes. While the ICJ assessment of the information gathered during the visit continues, the ICJ has already recommended improvements in transparency and public communication about the performance of adidas’ factory suppliers.
The ICJ also invited the companies to a broad reflection on the need to have a factory level grievance mechanism, instead of the existing compartmentalized system. Finally, adidas and partners need to also step up action in relation to the establishment of an effective community grievance mechanism.
The full statement can be downloaded in PDF format here: Statement-adidas-Indonesia-BusinessHumanRights-2018
