Mekong Region: Dialogue between lawyers and State agencies reveals need for proper investigations into complaints of corporate human rights abuses

Mekong Region: Dialogue between lawyers and State agencies reveals need for proper investigations into complaints of corporate human rights abuses

Cases of alleged human rights abuses by Thai companies operating abroad are not being effectively investigated, according to participants at a consultative dialogue between human rights lawyers from Cambodia, Lao PDR, Myanmar, Thailand and Vietnam and representatives of the National Human Rights Commission of Thailand (NHRCT) and Thailand’s National Action Plan on Business and Human Rights (NAP) Implementation Monitoring Sub-Committee on 9 September 2022.

Laos: eight years on, the fate of Sombath Somphone remains unresolved and government remains unaccountable

Laos: eight years on, the fate of Sombath Somphone remains unresolved and government remains unaccountable

On 15 December 2020, the eighth anniversary of the enforced disappearance of Lao civil society leader Sombath Somphone, the ICJ joined 53 organizations and 19 individuals in reiterating its calls on the Government to reveal his fate and whereabouts and to investigate his and all other cases of alleged enforced disappearance in the country.

The statement condemned the Government’s ongoing failure to adequately investigate all allegations of enforced disappearance in Laos, which has been compounded by years of near complete lack of commitment to address this serious crime or provide an effective remedy or reparation to its victims and their families.

In June 2020, during the third Universal Periodic Review (UPR) of Laos, the Government refused to accept all five recommendations that called for an adequate investigation into Sombath’s enforced disappearance. The Government failed to support another eight recommendations that called for investigations into all cases of alleged enforced disappearances in Laos. Despite the government accepting that “the search for missing Lao citizens, including Sombath Somphone, is the duty of the Lao government”, it has failed to evidence any political will to effectively execute or fulfill this duty.

Sombath Somphone was last seen at a police checkpoint on a busy street in 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 that, within minutes, unknown 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 presence of police officers at Sombath’s abduction and their failure to intervene strongly indicates State agents’ participation in Sombath’s enforced disappearance.

Lao authorities have repeatedly claimed they have been investigating Sombath’s enforced disappearance, but have failed to disclose any new findings to the public since 8 June 2013. They have not met with Sombath’s wife, Shui Meng Ng, since December 2017. No substantive information about the investigation has been shared by the authorities with Ng or Sombath’s family, indicating that, for all intents and purposes, the police investigation has been de facto suspended.

The statement reiterated a call for the establishment of a new independent and impartial investigative body tasked with determining Sombath’s fate and whereabouts, with the authority to seek and receive international technical assistance to conduct a professional and effective investigation in accordance with international standards. This is a call which multiple signatory organizations have been making since his enforced disappearance in 2012.

The statement further urged the Lao government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), which Laos signed in September 2008; incorporate its provisions into the country’s legal framework, implement it in practice, and recognize the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of the victims.

The full statement is available here.

Contact

Kingsley Abbott, ICJ Senior Legal Adviser, e: kingsley.abbott(a)icj.org

Laos: Seven years on, the enforced disappearance of Sombath Somphone remains unresolved

Laos: Seven years on, the enforced disappearance of Sombath Somphone remains unresolved

On 15 December 2019, the ICJ joined 87 organizations and 11 individuals in a statement urging the Lao and Thai governments to investigate apparent cases of enforced disappearance and demanding that the Lao government finally reveal Sombath Somphone’s whereabouts and ensure justice for him and his family.

The statement was issued on the seventh anniversary of the disappearance of Lao civil society leader Sombath Somphone and called particularly for the establishment of an independent and impartial investigative body tasked with determining Sombath’s fate and whereabouts without delay, considering the Lao police’s protracted failure to effectively investigate his case. The new body should have the authority to seek and receive international technical assistance in order to conduct a professional, independent, impartial, and effective investigation in accordance with international standards.

Sombath Somphone was last seen at a police checkpoint on a busy street in 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 that, within minutes, unknown 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 presence of police officers at Sombath’s abduction and their failure to intervene strongly indicates state agents’ participation in Sombath’s disappearance.

Lao authorities have repeatedly claimed they have been investigating Sombath’s enforced disappearance but have failed to disclose any new findings to the public since 8 June 2013. They have met with Sombath’s wife, Ng Shui Meng, only twice since January 2013 – the last time in December 2017. No substantive information about the investigation has been shared by the police with the family, indicating that, for all intents and purposes, the police investigation has been de facto suspended.

The joint statement called on both Lao and Thai governments to promptly and impartial investigate all cases of suspected enforced disappearance in Laos and Thailand in line with international legal standards with a view towards determining the fate and whereabouts of apparent victims.

These include the cases of Od Sayavong, a Lao refugee living in Thailand who has been missing since 26 August 2019, and the cases of Ittiphon Sukpaen, Wuthipong Kachathamakul, Surachai Danwattananusorn, Chatcharn Buppawan and Kraidej Luelert, five Thai critics of the monarchy and the Thai government living in exile in Laos, who went missing between June 2016 and December 2018.

The statement further urged the Lao and Thai governments to promptly ratify the International Convention for the Protection of All Persons from Enforced Disappearance, which Laos and Thailand signed in September 2008 and January 2012 respectively; to incorporate the Convention’s provisions into their domestic legal frameworks, implementing it in practice; and to recognize the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of victims or other States parties.

The full statement is available here.

Contact

Frederick Rawski, ICJ Asia and the Pacific Director, e: frederick.rawski(a)icj.org

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