Lao, PDR: Persistent violations

Summary: The violations highlighted are those issues raised with the State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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Discrimination against women and girls

UN Committee on the Rights of the Child (Concluding Observations, February 2011)

The Committee also notes with concern that girls do not have the same opportunities in the field of education as boys.

The Committee also recommends that the State party collect data disaggregated by sex, ethnic origin, social background and disability in order to enable effective monitoring of de facto discrimination. (Paragraphs 26 & 27)

UN Committee on the Elimination of Discrimination against Women (Concluding Observations, August 2009)

The traditional attitudes on gender-role stereotyping keep women and girls in a subordinate position, preventing them from getting equal education and life opportunities, especially in rural areas. The Committee also recommends that the State party take more active and proactive measures to bring about changes in the traditional patriarchal attitudes on gender-role stereotyping. (Paragraphs 110, 111)

Universal Periodic Review (May 2010)

A - 14. Continue to strive for the inclusion of a gender perspective in all of its development plans and programmes, with positive measures to achieve the effective promotion and protection of the rights of women (Bolivarian Republic of Venezuela) ; pay special attention to the promotion of the rights of women and girls by adding a gender perspective to all national strategies and action plans, including development projects (Kazakhstan); incorporate gender policies in all development plans and projects (Belarus);

A - 15. Continue to strengthen its efforts to ensure equal access for girls and women to all levels of education, including by taking concrete steps to overcome obstacles for girls' and women's access to, and completion of, education in rural areas (Norway)

UN Special Rapporteur on freedom of religion or belief

Country visit: 23 to 30 November 2009
Report published: 27 January 2010

The Special Rapporteur is concerned that some religious customs and practices perpetuate discrimination against women and girls. (Paragraph 9, p.6)

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Discrimination against some ethnic groups

Universal Periodic Review (May 2010)

A - 43. Continue to improve the quality of education and further increase access to education for the Lao multi-ethnic people (Democratic People's Republic of Korea); improve the quality of education and increase access to education (Tajikistan); continue its commendable efforts with a view to improving access to education for its citizens (Algeria);

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Discrimination against religious minorities and denial of their access to public schools

UN Committee on the Rights of the Child (Concluding Observations, February 2011)

Although the Constitution of the State party does not proclaim any official State religion, The Committee is concerned that members of religious minorities, including children, have suffered restrictions of their right to freedom of religion, manifested by harassment and denial of access to public schools.

The Committee recommends that the State party ensure the full respect of the right to freedom of religion for all children belonging to religious minorities and promote tolerance and interreligious dialogue. The Committee draws the attention of the State party to the official report of the Special Rapporteur on freedom of religion or belief (A/HRC/13/40/Add.4). (Paragraphs 36 & 37)

UN Special Rapporteur on freedom of religion or belief

Country visit: 23 to 30 November 2009
Report published: 27 January 2010

The Special Rapporteur is concerned that Christian children faced harassment and were denied access to public schools. (Paragraph 40, p.13)

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High rate of infant and maternal mortality

UN Committee on the Rights of the Child (Concluding Observations, February 2011)

... The Committee is also concerned that the infant mortality rate remains high compared to other countries in the region, with malaria as a main cause of child mortality and traffic accidents and unexploded ordinance also being causes of child deaths...

...The Committee also urges the State party to address the principal causes of child mortality, namely malaria, traffic accidents and unexploded ordinance with a view to eliminating their fatal impact upon children. (Paragraphs 32 & 33)

UN Committee on the Elimination of Discrimination against Women (Concluding Observations, August 2009)

The very high maternal and infant mortality rates and the high fertility rate. The Committee recommends that the State party accelerate the implementation of its national population policy, focusing on expanding its network of health-care facilities and personnel throughout the nation and reaching out to rural and remote areas. (Paragraphs 108, 109)

Universal Periodic Review (May 2010)

A - 40. Continue to strengthen efforts to reduce maternal and infant mortality, including by developing the midwifery workforce and making the services of skilled birth attendants available, accessible and, where necessary, free of charge (Norway);

A - 41. Take further action to further reduce the high rate of maternal and infant mortality and provide full access to health care and health education by women, and address problems relating to poverty, hard work and illiteracy (Kazakhstan) - accepted

A - 42. Provide vaccination to all segments of society, especially women and children, in order to reduce mortality rates and raise life expectancy (Libyan Arab Jamahiriya) - accepted

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Limited access to health care

UN Committee on the Rights of the Child (Concluding Observations, February 2011)

The Committee welcomes the Sate party's declaration in 2000 of its polio-free status, the 2007 national campaign for measles vaccination which achieved more than 90% immunisation and the decrease in infant mortality over the last decade. However, the Committee is concerned that infant, child and maternal mortality remain among the highest in the region. While noting with appreciation the improvements made in the provision of health services, the increased number of patients with access to maternal and child health services and the limiting of epidemics, the Committee is nevertheless concerned:

That access to health services is limited in remote areas and that free health care is limited overall;

That training for some medical personnel is inadequate;

That most district hospitals are able to provide only basic health care and lack necessary equipment and medication;

That there is a high rate of infant and child malnutrition

That there is a low number of deliveries in hospital.

At the very low rate of routine vaccinations; and

That, even though malaria is a main cause of child morbidity and mortality, 21% of children under the age of 5 do not sleep in insecticide treated mosquito nets.

The Committee recommends that the State party:

Take appropriate steps to ensure access to free primary health care in all areas of its territory, including through the recruitment of more medical personnel;

Ensure the provision of adequate training for medical personnel and necessary equipment and medication to all district hospitals;

Continue and strengthen its efforts to reduce infant, child and maternal mortality;

Take steps to ensure that district hospitals are provided with adequate equipment and supplies so that they can offer a full range of health services to the population;

Continue and strengthen its strategies and programmes to reduce, and eventually eliminate, child malnutrition;

Ensure appropriate reproductive health services before, during and after pregnancy;

Increase its efforts to improve routine vaccination rates; and

Promote awareness in order to encourage the general public so that children under the age of 5 sleep under insecticide treated mosquito nets.

(Paragraphs 51 & 52)

Universal Periodic Review (May 2010)

A - 41. Take further action to further reduce the high rate of maternal and infant mortality and provide full access to health care and health education by women, and address problems relating to poverty, hard work and illiteracy (Kazakhstan) - accepted

A - 42. Provide vaccination to all segments of society, especially women and children, in order to reduce mortality rates and raise life expectancy (Libyan Arab Jamahiriya) - accepted

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Limited access to education

UN Committee on the Rights of the Child (Concluding Observations, February 2011)

The Committee welcomes the revision in 2008 of the Law on Education and the five years of compulsory education. The Committee is concerned, however, that a child's school attendance depends on the availability of five grades in the locality schools, the distance the child lives from the school, and their family's financial situation. While noting that primary education is free, the Committee is concerned that, in reality, there are secondary costs such as contributions from parents for school maintenance and everyday running costs. The Committee is also concerned at the large number of children who do not attend school or who drop out of school and at the lack of vocational training in all regions of the country. The Committee is further concerned at the insufficient number of teachers and at their lack of training and qualifications.

The Committee recommends that the State party:

Take steps to ensure universal access to compulsory education for both boys and girls, ensuring that primary education is free for all without secondary costs, and consider further extending the years of compulsory education;

Take measures to address the issue of children not attending school regularly and make sure that they do not leave school before the end of the compulsory education period;

Make opportunities for vocational training systematically available in all regions of the country;
UN Committee on the Elimination of Discrimination against Women (Concluding Observations, August 2009) (Paragraphs 61 & 62)

Education: The initial plan to make primary education compulsory was postponed from 2000 to 2010. The Committee recommends that free and compulsory primary education at the national level be implemented as soon as possible. (Paras 94, 95)

A - 44. Continue its current reform programme in the education system to provide a better education for its people throughout the country, particularly in rural areas (Islamic Republic of Iran); further pursue efforts to develop education, particularly in rural areas of the country (Kyrgyzstan);

A - 45. Undertake more effective measures to ensure the accessibility of crucial public services, such as education and healthcare, to the general population, particularly those living in rural areas (Malaysia);

A - 46. Continue to increase investment in education to endeavour to raise the level of education for the whole nation in order to meet the requirements for social and economic development (China);

A - 47. Continue activities to increase access for children to education, promote maternal and infant health... (Belarus);

A - 50. Seek further technical assistance from relevant international organizations to ensure continual success on the path towards achieving human rights and equal access to education, health, employment and livelihood for all (Maldives)

UN Special Rapporteur on the sale of children, child prostitution and child pornography

Country visit: 21-25 September 1998
Report published: 27 January 1999

(a) The establishment of accessible schools coupled with training of qualified teachers, at least at the primary and secondary levels

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Lack of human rights education in schools

UN Committee on the Rights of the Child (Concluding Observations, February 2011)

Take steps to ensure the integration of human rights, in particular the rights of the child, into school curricula at all levels (Paragraph 62e)

UN Committee on the Elimination of Racial Discrimination (Concluding Observations, March 2005)

The Committee notes with concern that the State party claims that it is unable to introduce human rights education programmes in schools. The Committee recommends to the State party that it introduce, if necessary with the assistance of the international community, education programmes in schools on human rights and combating racial discrimination. (Paragraph 24)

Universal Periodic Review (May 2010)

A - 48. Seek to introduce human rights sensitisation in school and university curriculums (Qatar) - accepted

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Early marriage

UN Committee on the Rights of the Child (Concluding Observations, February 2011)

The Committee is concerned that early marriages continue to exist within certain ethnic groups even though the practice is prohibited by law, and that the State party has no statistics on the number of such marriages occurring in its territory.

The Committee urges the State party to enforce sanctions penalizing early marriage. The Committee also encourages the State party to collect data on the number of early marriages, disaggregated by age and sex, in order to have a clearer idea of the extent of this phenomenon and to take appropriate steps in order to eliminate it. (Paragraphs 55 & 56)

UN Committee on the Elimination of Discrimination against Women (Concluding Observations, August 2009)

The law allows marriage under the age of 18 in "special and necessary cases" and a considerable percentage of women do marry before they reach the age of 18. The Committee recommends that the State party prohibit under-age marriage in all circumstances. The Committee also urges the State party to provide in its next report information on the results of the data collected on-site regarding early marriages and measures taken to prevent them. (Paragraphs 96, 97)

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Trafficking and sexual exploitation of children

UN Committee on the Rights of the Child (Concluding Observations, February 2011)

The Committee welcomes the explicit prohibition of child trafficking under the Law on the Protection of the Rights and Interests of Children and the positive steps taken by the State party to combat trafficking and sale of children, including the establishment in 2004 of a Committee to combat trafficking in persons. However, the Committee is concerned that the State party remains a country of origin, transit and destination for victims of trafficking for forced labour and sexual exploitation. The Committee is further concerned that return and reintegration programmes for trafficking victims may not be structured in such a way as to ensure that victims are not trafficked again.

The Committee recommends that the State party continue and increase efforts to prevent, protect children from and strengthen measures to prosecute the crimes of sale and trafficking and in particular:

Fully implement the national legislation against trafficking in persons;

Investigate and prosecute all cases of sale and trafficking to avoid impunity and ensure that children receive adequate compensation as appropriate;

Strengthen measures to protect child victims and ensure access to child-sensitive social and psychological assistance for their recovery and reintegration;

Address the root causes, in particular by giving special attention to families in its programmes to combat poverty, and to prevent school dropouts; and

Carry out, in cooperation with the media, awareness-raising activities for the general public, including parents and children, on the dangers of the sale and trafficking of human beings and its impact on children (Paragraphs 67 & 68)

UN Special Rapporteur on the sale of children, child prostitution and child pornography

Country visit: 21-25 September 1998
Report published: 27 January 1999

64. The Special Rapporteur considers that Laos has the advantage of still being in a position to concentrate on preventive measures to protect children from exploitation and abuse. However, if these measures are not put in place very rapidly and unless the Government gives them priority and adopts coherent programmes of activities, the country may find itself in much the same situation as some of its neighbours in Asia that are afflicted with a conflagration of child exploitation and abuse.

65. The Special Rapporteur would encourage a search for initiatives that are particularly suited to the unique situation of Laos. The traditional border control initiatives used in other countries may not be very effective in Laos, given the length of the border and the easy entry and exit, especially into Thailand. Methods of education and dissemination of information other than the regular media (newspapers and the radio) may have to be explored considering the topography and the lack of resources of the country.

66. The following are recommendations for action:

(a) The establishment of accessible schools coupled with training of qualified teachers, at least at the primary and secondary levels;

(b) A nationwide and sustained information campaign on the risks of trafficking, the practices of recruiters and the circumstances in brothels, on construction sites or in other kinds of servitude must be conducted to enlighten parents and children alike. As long as information about the profitable prospects of working in another country and the success stories of returnees is more convincing than information about the related risks and dangers, young people will be gullible victims of traffickers.

(c) This information must be targeted to reach the different sectors of society as widely as possible: parents, children, policy makers, business sectors and immigrant workers alike.

(d) The Lao Women's Union, the Lao Youth Union, the village leaders and other sectors of society should be mobilised to carry out the above information campaign so that it would reach the remotest parts of the country.

(e) There should be allocation of responsibility and accountability to the villages to protect their own children through monitoring and vigilance in guarding against recruiters and traders.

(f) An inventory of the legislation especially that affecting children's rights and protection should be made, with the object of determining gaps that need to be filled, either by the introduction of new laws or by amending or repealing existing laws. The sale and trafficking of persons, most especially children, must be unequivocally condemned as being an affront to human dignity, and this must be reflected in penal laws punishing the offenders.

(g) Bilateral or multilateral cooperation must be achieved with the countries sharing borders, particularly Thailand, including institutionalised and systematic exchange of information, in order effectively to prevent children from crossing the borders and to protect those who have already done so from victimisation.

(h) All government programmes aimed at economic development must be reviewed to ensure that children are not sacrificed in the process.

(i) Particular attention must be paid to the ethnic minorities, whose children will be particularly vulnerable not only to outside influences but also to the rapid changes within the country.

(j) Livelihood programmes for out-of-school youth must be instituted with the cooperation of the business sector, not only as a means of giving support to the children but also as an effective deterrent to their becoming involved in any kind of narcotic addiction.

(k) The State in the territory of which trafficking takes place or where a trafficked child is found must take all the necessary steps to prosecute all the perpetrators;

(l) The legislative framework must be enacted for cooperation with national

Universal Periodic Review (May 2010)

A - 28. Intensify training for its police and other enforcement authorities to improve capacities in dealing with the problem of gender violence and trafficking in women and girls (Malaysia) - accepted

Continue activities to ...eradicate trafficking in persons (Belarus) - accepted

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