Introduction

CSW (Christian Solidarity Worldwide) is a human rights organisation specialising in the right to freedom of religion or belief (FoRB) for all. 

This submission highlights concerns about the right to FoRB in the Lao People’s Democratic Republic (Laos) ahead of the state’s fourth Universal Periodic Review (UPR).

Legal Framework

The 2003 Lao constitution guarantees citizens’ rights to ‘believe or not to believe in religions’ (Article 43) and criminalises the harassment of citizens based on their religion but in practice these are poorly implemented and state protection is limited to ‘lawful activities’, and ‘all acts of creating division among religions’ and among the people are prohibited (Article 9). The terms ‘creating division’ and ‘lawful activities’ lack clarity.

In August 2016 the government issued Decree 315 to replace the Prime Minister’s Decree on Management and Protection of Religious Activities, No. 92/PM. Like its predecessor, Decree 315 requires adherents to receive approval from the government for various religious activities, and for various aspects of the internal management of religious groups. Under decree 315 official approval is required for establishing religions (Article 7), appointing officials in religious organisations’ governing committees (Article 7), and establishing a religious organisation (Article 8). Special approval is needed for religious activities which take place outside of recognised religious locations and buildings (Article 12). Decree 315 also retains from Decree 92 some provisions concerning international connections and visits abroad (Articles 21 and 19 respectively).

During the third UPR, Laos received a recommendation by the Solomon Islands (115.116) to ‘review and amend Decree No. 315 to ensure that administrative procedures for religious groups are not arbitrary, vague and discriminatory, and to eliminate the wide latitude local officials have to discriminate against and persecute religious minorities.’[1] However, the decree continues to include ambiguous language instructing religious adherents to promote ‘the beautiful culture of the nation’. There is a danger that converts to religions which are not considered part of the majority ‘culture of the nation’, particularly ethnic minorities, may be accused of undermining ‘harmony’ by converting to a different religion.

Under Article 3, ‘members of religion’ refers to ‘people who believe in any one religion’. This does not appear to be restricted to recognised religions; if this is correct, this is an important and welcome development, since it provides some form of recognition for religious adherents outside recognised religious groups. However, this is contradicted by Article 7, which states that ‘Establishment of religion is an establishment of those who…have received approval from the respective government agent.’

Some sources have told CSW that the Decree is better than the previous version and offers further clarity to groups wishing to conduct religious affairs but note that certain local authorities still do not observe and implement the Decree, while others describe the text itself as ‘cumbersome.’ Sources familiar with the decree have commented that it is bureaucratic: in particular, the construction of new buildings by religious groups was already difficult and this has not been helped by the new decree. Overall, they believe that its implementation depends on the attitude of local leaders.

Overall responsibility for approving or refusing permission for religious activities has moved from the Lao Front for National Construction to the Ministry of Home Affairs (MOHA; sometimes translated as the Ministry of Interior Affairs).

In 2021, the United States Commission on International Religious Freedom (USCIRF) published a factsheet on Decree 315, which expressed concerns about the ongoing harassment of and threats to minority faith communities at local levels.[2]

Laos has signed and ratified the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to FoRB (Article 18). Laos has made a reservation to the Covenant regarding Article 18: “The Government of the Lao People’s Democratic Republic declares that Article 18 of the Covenant shall not be construed as authorizing or encouraging any activities, including economic means, by anyone which directly or indirectly, coerce or compel an individual to believe or not to believe in a religion or to convert his or her religion or belief. The Government of the Lao People’s Democratic Republic considers that all acts creating division and discrimination among ethnic groups and among religions are incompatible with Article 18 of the Covenant.”[3]

The reservation has been criticised by the former UN Special Rapporteur on FoRB for lowering the “threshold for limitations on the freedom to manifest one’s religion or belief.”[4] Ambiguous language around “creating division and discrimination among ethnic groups and among religions” could be open to abuse because the terms lack clarity. There is a danger that adherents of minority religions may be accused of “creating division” if they refuse to participate in majority-religion activities or encourage conversion or proselytise to people of the majority faith.

To read the submission in full, you can download the pdf here.