Recent reports from a variety of sources, both inside and outside Laos,
indicate that large numbers of ethnic Hmong rebels and their families have
emerged from years of fighting in the Lao jungle, and have given themselves
up to the authorities in at least two areas of the country.
Amnesty International has received conflicting reports as to their
reception and treatment by the authorities. The organization calls upon the
Lao government to ensure that all those who put down their arms and their
civilian non-combatant family members are treated humanely and with dignity
and respect. The Lao People's Democratic Republic has international
obligations in this regard under the Geneva Conventions and the two UN
Covenants.
The organization furthermore calls upon the Lao government to provide UN
specialist agencies and other non-governmental organizations acce ss to
those who have put down their arms and to their families in order to assist
with basic humanitarian needs, including food and health care requirements.
Longer term assistance with their reintegration into Lao society will also
be needed. It is essential that neutral observers are given access to these
groups of former rebels in order to independently assess their situation
and the veracity of on-going claims of serious human rights violations
being made by overseas ethnic Hmong groups.
Amnesty International urges the Lao government to seize this opportunity to
find a peaceful solution to decades of fighting and the high human cost on
all sides to the conflict. Transparency and access to relatives of those
who have surrendered, in addition to specialist agencies of the
international community, are essential elements in moving towards a
comprehensive and durable resolution to internal armed conflict in the country.
Background
A number of ethnic minority gr oups, especially the Hmong, were allied to
the US during the Viet Nam war and its spill-over fighting in both Laos and
Cambodia. They have a long history of resistance and aspirations of
independence from Lao government control. Following the creation of the Lao
People's Democratic Republic in 1975 and the fall of the former regime, as
many as a third of the Hmong ethnic minority are believed to have fled the
country. Most of these refugees resettled in the USA, but a large number
spent many years in refugee camps in Thailand.
An unknown number of Hmong and other minority groups have continued armed
resistance to the Lao government to this day. Their plight has become
increasingly desperate and has been highlighted by Amnesty International in
recent months.
Laos ratified Additional Protocol II to the four Geneva Conventions in
1980. This Protocol explicitly provides for the protection of those not
involved in fighting and those who choose to lay down their arms and for
bids attacks on civilian populations as well as individual civilians. Those
who cease to take part in hostilities "shall in all circumstances be
treated humanely". Article 5 of the Protocol sets out strict rules
protecting those detained in relation to armed conflict. Children,
especially, must be provided with the care and assistance they require.
Laos has signed but not yet ratified the UN International Covenant on Civil
and Political Rights (ICCPR) and the UN International Covenant on Economic,
Social and Cultural Rights (ICESC
Philip Smith, Executive Director
Center for Public Policy Analysis
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