UNPO's insights into Laos human rights issues and the Hmong

Julie Duval

UNPO's Program Officer Julie Duval's insights into Lao human rights issues Source: SBS Hmong

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Why UNPO is not happy with the recent 8th Dialogue on Human Rights and Governance which meet between the European Union (EU)'s External Action Service and Lao Department of Treaties and Laws, Ministry of Foreign Affairs. Will Laos ratify human rights treaties and how can the EU, Uinted Nations helps resolve human rights issues in Laos.


You can watch and listen to Julie Duval, UNPO Program Officer insights into Lao human rights issues here:
Listen to Maja Cocjiancic, European Commission Spokesperson for Foreign Affairs and Security Policy, European Neighbourhood Policy and Enlargement Negotiations Maja Cocjiancic insights into EU and Lao human rights dialogue and governance here:
Program Officer Julie Duval told SBS Hmong that it was disappointed that the dialogue between the European External Action Service and the Lao Ministry of Foreign Affairs-Department of treaties and laws did not mentioned about indigenous and minorities rights while they conferred about the 8th human rights issues and governance in Brussels, Belgium. However UNPO was pleased that the EU delegation has encourage Laos to ratify some of the human rights treaties and laws which it has signed in 2008.

Ms. Duval said that Lao officials would consider case by case, but there was no rules saying that they have to abide by or there is no time frame for it or that international communities cannot force Laos to ratify the international human rights treaties and laws.

So UNPO hopes that the EU which is the fourth biggest aids donor to Laos will use its influence to pressure the Lao government to comply and respect international human rights standards.

When it comes to human rights issues, international communities tend to pay less attention toward Hmong Chaofa issue, due to it is not well recognised like Rohingya Muslim in Myanmar, the Duterte goverment's prosecution of illegal drugs trafficking or the democracy movement in Thailand.

The reasons are Hmong communities within Laos are afraid to raise this issue for fearing of harsh punishment from Lao government. Though those live overseas take very active role to raise awareness about Hmong Chaofa's plight in Lao jungle and human rights issues in Laos.

Therefore Julie Duval said, it needs fact finding, needs the Laos government to open up and allowing international media in and let the UN rapporteurs to investigate this matter which Laos has indicate 'it would'. 

Furthermore, new generation Hmong has no first hand experience about the conflicts between Hmong and the then Lao government or either lacking of interests or having no knowledge of the past 40 years about the Hmong.
From the which Dr. Lee Pao Yang posted on the 2018 March 14, a human rights lawyer representing United Hmong Vision (UHV) has taken their allegation towards the Lao government on genocide and mass atrocities the Hmong in Phoubia area for the past 40 years. Karen Parker JD, an experienced Human Rights Lawyer who represented UHV said on the 09 March 2018 at UN Human Rights Counicl on International Educational and Development said that:
"Genocide situation of the Hmong people in Lao PDR with government authorities engaging in extreme prosecution. We have submitted urgent action under the mandate of UN Special Advisor on the prevention of genocide and mass atrocities. It is too late to prevent genocide and mass atrocities. We would like to continue to stress the need for UN to establish a save haven for the Hmong people so they can exercise control over their historical territory. The situation become even more serious in 2018 as the government force carrying out heavy artillery action against the Hmong to wipe them out before the UN can take action. After 40 years of the Hmong being prosecuted by Lao government, exercise the right to self determination is the only solution to handle the conflicts between Lao government and the Hmong," said Karen Parker JD, human right lawyer.
Human right lawyer representing UHV at UN Human Rights Council
karen Parker JD human right lawyer representing UHV at UHHRC on Lao government genocide and mass atrocities the Hmong at Phoubia region-UHV Source: United Hmong Vision
However, in a post by UHV on the 14th March 2018 Lao delegation has answered to the Educational and Development session at the United Nations Human Rights Council during the question time that:
"49 ethnic group of Lao live in harmony since the ancient time, under the national unity, every ethnic group have equal rights under the laws, with the rights to protection, to promotion of their respective tradition and cultural spirit. Lao government has implemented all the necessary measures to improve and raise the development level and reduce excessive poverty withing ethnic groups. Lao penal laws prohibits all discrimination and division against base on any ethnic group, and considering these actions punishable crime under article 666-176 of the lao PDR's Penal Law. The situation of Hmong live in Phoubia raised by the international Educational and Development organization is abosolutely false as there is no military action, pluncket of food source. We would like to reiterate that there is no discrimination, as every Lao citizens have equal rights before the law," said Lao delegation at Human Rights Council.
Lao delegation at UNHRC
Lao delegation answering to genocide and mass atrocities of the Hmong in Laos at United Human Rights Council-United Hmong Vision Source: United Hmong Vision
Human rights groups has also written a joint letter dated the 31st December 2017 published on the addressed to Lao top officials especially Lao president, Lao Prime Minster and Lao Minster of Justice, stating that Laos must immediately respect and comply with international human rights laws and standards and it must reforms any legal framework which restricting freedom of association, arbitrary, overbroad and discriminatory.
"Well, it is great that human rights organizations including UNPO do their jobs and trying to keep Laos accountable for international covenants it signed and encourage and put pressure on the country to do more progress in this regards. There is no way that the international communities can force Lao government to ratify such treaties or to stop some of the actions it is carrying against the Hmong, so we are really counting on continue diplomatic pressure for this to be achieved, ' said Julie Duval, UNPO Program Officer.
Ms Duval also asserted that apart from Lao signing the international human rights treaties, it also required to enact national legislation that protecting and respecting some certain rights.
"We believe there is a need today for Laos to develop a legal framework to protect its inhabitants from land grabbing and force relocation that deprive the Hmong from their means of subsistence, land grabbing and force relocation is a big issue for the Hmong living in Xaisomboun and others today," stated Ms. Duval.
Ms. Duval said that UN does not know much about Hmong living in Lao jungle, therefore we need to raise more awareness with the UN and UNPO is currently campaign this matter with the European Union.

She said that UNPO and the Congress of World Hmong People (CWHP) has been campaigning intensively about Hmong issues about 2 years ago by advocating in Brussels and Washington DC as well as meeting the EU External Action Service, the EU parliament, the EU Commission, members of the EU parliament and members of the US Congress, and in training advocacy in the hope to see a real democracy in Laos.
"UNPO really condemns the military violance against Hmong Chaofa civilians epecially those from Xaisomboun region, and also condemns the intimidation, harassment and persecution of human rights defenders, jounalists and members of indigenous and minor communities that are subjected to arbitrary arrested and force disappearance if not killing, the Lao government needs to develop legal framework to stop land grabbing and force relocation and UNPO also supports CHWP demands for international mediation in the northern Laos conflicts, because today Hmong communities in Xaisomboun region cannot dialogue or trust the Lao government, therefore the UN needs to be a mediator to end this conflicts,'' said Ms. Duval.
Despite all these condemns and allegations, Lao officials have denied point blank it has violated such human rights issues or having such issues occurred in Laos, as its president recently said, Laos is now a peaceful country.

In recent years international journalists has entered the jungle of Laos and did cover stories about Hmong Chaofa story which they were then arrested but released after international communities and human rights groups asserted pressure.
But Ms. Julie Duval, UNPO Program Officer said, "eventhough the Lao government denies, the evidence is there for the world to see, and the world is keeping an eye on the human rights situation, and they can deny but the fact are here, and we will continue to work in order to raise awareness of the international organizations on these matters."
According to Ms. Julie Duval, the UN could see and recognise that there is a real conflict in Laos and it could jump in as the mediator to solve the conflict between the Hmong Chaofa and the Lao government.

Ms. Duval is expecting that there would be so many positive things happened in 2019 when the EU delegation meet Lao officials again to dialogue about the progress of human rights and governance issues.

From a short video clip from the , Mr. Gymbay Moua the Press advisor for CHWP said that he himself actually went to Xaisomboun region.  He was very moved by they way he saw Hmong Chaofa live their lives, how they always on the move as the Lao government are chasing them and killing them. To him it is not fair and the Lao government should live them alone si they can live their lives like everybody else.

SBS Hmong Program has reached out for CWHP and the director General of the Department of Treaties and Laws, Ministriy of Foreign Affairs but they are not available for comments.#

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