The Special Rapporteur in the field of cultural rights, Ms. Alexandra Xanthaki, visited the Lao People’s Democratic Republic from 19-29 November. Prior to her visit, the Unrepresented Nations and Peoples Organisation, in collaboration with the Congress of World Hmong People, filed a submission to the Special Rapporteur on the culture of the Hmong Peoples in Laos. The UNPO finds that Ms. Xanthaki’s observation—that the implementation of cultural rights is not evidenced in Lao PDR—supports our own position.
On 15 October 2024, the UNPO and the CWHP filed a submission to The Special Rapporteur in the field of cultural rights to compliment her preparations for her visit to Lao PDR. The submission provided an overview of the Hmong peoples and their culture. It presented the Hmong as facing systemic discrimination and human rights abuses in every sphere of life.
Ms. Xanthaki’s analysis confirmed the Lao PDR’s mis-appropriation and lack of implementation of cultural rights. Her preliminary observations report an over-confidence in the Constitution and law, with no acknowledgement that there are discrepancies between the ratification and implementation of laws.
“I did not get evidence of the implementation of the laws regarding cultural rights…cultural rights are not visible in the plans, policies and priorities of the State”
Ms. Xanthaki expressed the beautiful diversity of culture in Lao PDR, but saw no means to ensure the protection of these cultures. She states that, in Lao PDR, “the concept of cultural rights may not be fully understood”; they must empower individuals and groups to participate in society and “express their humanity, worldviews and the meanings they attribute to their existence and development”.
Ms. Xanthaki stressed the necessity of a dedicated anti-discrimination law, stating that the current definition of non-discrimination used by Lao PDR authorities is not in compliance with international law. She recommended the implementation of CERD’s General Comment 32, which advises that some groups, particularly ethnic minorities and indigenous, need specific measures to ensure the full realization of their cultural rights.
Ms. Xanthaki’s judgement is that the Lao PDR’s restrictions on the cultural practices of certain groups do not fulfill the conditions set out in the CESCR’s General Comment 21, which outlines the limited scenarios and methods in which cultural rights can be restricted.
The Special Rapporteur on Cultural Rights found that ethnic minorities and indigenous peoples are denied self-identification and the right to participate, exploited through the justification of development and subjected to the commodification of their cultures. She also outlines the role of international donors in curbing these exploitations.
Ms. Xanthaki states that “irrespective of the title of the distinct ethnic groups, the reality is that many of these populations qualify as minorities and indigenous peoples and therefore are entitled to added protection measures in international law”. Following, she asserts that “according to international law, one’s identity is one’s choice”. Therefore, Ms. Xanthaki proposes that self-identification be added to the laws and practices of Lao PDR.
Regarding indigenous status, Ms. Xanthaki expressed firm belief that “it is obvious to me that there are many groups in the country that fulfill” the international law criterion to be recognised as indigenous.
Regarding the right to participate, Ms. Xanthaki outlined that civic space was highly restricted in Lao PDR, describing “strict restrictions on free speech, assembly, and association, tight control over civil society organisations, accompanied by harsh reprisals, including enforced disappearances against human rights defenders”. She believes that “not a lot seems to have changed” since the 2019 visit of the Special Rapporteur on extreme poverty.
Regarding development, Ms Xanthaki outlines a clear failure to allow local populations and villagers to exercise the free prior and informed consent of villagers during development projects. Rather, she recommends a bottom-up development approach that incorporates the depth of local expertise, rather than permitting unregulated exploitation.
Regarding the folklorization of culture for the benefits of tourism, Ms. Xanthaki expresses concern that cultural practices are being turned into economic products for mass tourism, appropriating and instrumentalist cultural practices. Rather, tourism must respect biodiversity and cultural diversity.
UNPO welcomes the Special Rapporteur’s preliminary findings. We agree that “All people living in Lao PDR deserve more” and hope that Ms. Xanthaki’s visit will open-up dialogue between the Lao PDR and national and international civil society.
