European Parliament resolution on the arbitrary arrests and the political situation in Laos




The European Parliament,

- having regard to the cooperation agreement between the European Community and the Lao People's Democratic Republic,

- having regard to its resolution of 15 February 2001 on the situation in Laos,

A. having regard to the arrest in Vientiane on 26 October 2001 of the MEP Olivier Dupuis, as well as Silvja Manzi, Bruno Mellano, Massimo Lensi and Nikolai Khramov, members of the Transnational Radical Party, on the grounds of a non-violent demonstration in favour of democracy and reconciliation in Laos, on the second anniversary of the 26 October 1999 Movement, whose principal leaders, Bouavanh Chanmanivong, Khamphouvieng Sisa-At, Thongpaseuth Keuakoun, Seng-Aloun Phengphanh and Keochay, have in the meantime disappeared,

B. whereas Mr Olivier Dupuis and his four companions were imprisoned for fourteen days in particularly harsh conditions,

C. whereas all contact was refused for several days for the detainees with the diplomatic representatives of the Member States concerned and of Russia and with their lawyers, in defiance of their rights as recognised by the Convention on Consular Relations of 24 April 1963,

D. whereas the two-year suspended sentences handed down by the Vientiane court to the detainees for 'propaganda against the Lao People's Democratic Republic tending to damage national security and stability' are manifestly contrary to the Universal Declaration of Human Rights and to the constitution of the Lao PDR itself,

E. whereas the cooperation agreement between the European Community and the Lao People's Democratic Republic is based on 'respect for the democratic principles and fundamental human rights established by the Universal Declaration on Human Rights' (Article 1), and whereas failure to respect this condition must be considered a 'case of the material breach of the Agreement' with respect to its Article 19 and Annex 1, implying non-execution of the agreement by one of the parties,

F. whereas the attitude of the Laotian authorities, as expressed towards an MEP and four other members of the Transnational Radical Party and as manifested in the arrest and disappearance of five leaders of the 26 October 1999 Movement, is a clear and visible case of violation of the democratic principles of the Universal Declaration on Human Rights, and must therefore be considered a case of non-respect of the EC/Laos cooperation agreement,

G. having regard to the numerous political and diplomatic actions taken by the countries of which the five detainees are citizens, the President of the European Parliament, the Council, the Commission and the High Representative for the CFSP with a view to resolving the situation;

H. deeply concerned at the general political situation in Laos under the ruling single party, which has been in power since 1975, and at the plight of one of the world's poorest populations subsisting without democracy and bereft of the rule of law,

1. Welcomes the release of the MEP Olivier Dupuis and the other four European activists; draws attention to the role of the Italian government, and especially the Italian Under-Secretary of State for Foreign Affairs, who went to Laos in person and managed to obtain their repatriation, and also stresses the efforts of the representatives of the EU institutions and the governments of the Member States and Russia and their interventions throughout the time these persons were under arrest,

2. Strongly condemns the attitude of the Laotian political and legal authorities towards an MEP and four other Radical activists, whose non-violent demonstration in solidarity with the leaders of the 26 October 1999 Movement was an expression of the rights guaranteed by the Universal Declaration of Human Rights and was in the spirit of the demands made by the European Parliament in its resolution of 15 February 2001;

3. Expresses its deep concern over the fate of the leaders of the 26 October 1999 Movement and of all prisoners of conscience, as well as over the failure to respect democratic principles in Laos;

4. Notes that the Laotian authorities appear to be ignoring the relevant clauses of the cooperation agreement with the EC, and therefore calls on the Commission and Council to issue a strong protest to the Laotian authorities on the matter and to demand the convening of the joint committee provided for in Article 14 of the agreement, to examine the following:

a) the need for full information on the fate of the five student leaders who were arrested on 26 October 1999 and of whom no news has been forthcoming since that date;

b) the need for an undertaking by the Government of the Lao PDR that it will guarantee respect for the civil and political rights recognised by the Universal Declaration on Human Rights and will accept the demands of the resolution adopted by the European Parliament on 15 February 2001, including the repeal of Article 59 of the Laotian penal code, which lays down a prison sentence of one to five years for 'anti-government propaganda';

5. Calls on the Commission, the Council and the Member States to take all possible steps to ensure that the trial of the five Laotian leaders against whom charges have been lodged takes place as soon as possible and on a basis of full respect for international law and for the Constitution of the Lao PDR itself;

6. Instructs its President to forward this resolution to the Commission, the Council, the Governments and Parliaments of the Member States, the Government and Parliament of Russia and the Government and Parliament of the Lao People's Democratic Republic.