06/12/2024
Lao PDR Snapshot
United Nation Expert Calls for Greater Protection of Cultural Rights in Laos
Laos is taking significant steps to preserve its cultural heritage and celebrate ethnic diversity through various government initiatives. However, challenges remain in fully protecting the cultural rights of marginalized groups, as highlighted by Alexandra Xanthaki, the United Nations’ Special Rapporteur in the field of Cultural Rights.
Xanthaki highlighted the need for more inclusive policies, especially from an international perspective. She further elaborated on her views during a United Nations press conference on 29 November in Vientiane, where she acknowledged the Lao government’s commitment to non-discrimination.
“I applaud both the commitment to development as this is indeed an important process to improve the socio-economic rights of the people,” Xanthaki said, praising the authorities for improving access to essential services such as health, water, food, and education. “I also applaud the emphasis on non-discrimination. I commend a society that in the face of such a troubled past wants to stay united.”
She further commended the preservation of certain cultural elements, like weaving, and the promotion of cultural festivals. However, she noted the lack of government funding to protect the cultural heritage of ethnic groups and called for a more structured dialogue between the state and these communities.
The rapporteur also acknowledged Laos’ efforts to integrate cultural rights into the core national legislation. She cited constitutional protections, including Articles 8, 23, and 45, which guarantee citizens the freedom to preserve their cultural heritage and pursue scientific, artistic, and cultural activities within legal boundaries.
“I did see a wonderful collage of different cultures and expressions in Laos,” Xanthaki observed. “But I did not see the government’s efforts to protect the right of everyone to continue to enjoy this cultural diversity in all its variety without interference.”
Xanthaki highlighted potential improvements in translating legal provisions into actionable policies, advising a balanced approach toward both economic and cultural rights.
Gaps in Cultural Rights Protection
Despite constitutional assurances, Xanthaki pointed out there is still room for improvement when it comes to anti-discrimination regulation in Laos. She emphasized that, from an international perspective, non-discrimination should involve implementing specific measures to protect marginalized groups, rather than simply treating everyone equally on paper.
“Equal treatment means treating equally those in the same situation, whereas a different situation may require different treatment,” she said.
Xanthaki also called for greater recognition of intersectional discrimination, where power dynamics based on ethnicity, social class, gender, and rural or urban backgrounds compound challenges for vulnerable groups.
“People facing more than one ground of discrimination are amongst the most disempowered and the most fragile. They are the ones affected by endless relocations due to development,” she added.
Unity and cultural diversity, Xanthaki stressed, must go hand in hand.
“Unity and solidarity have to walk together with cultural diversity. Both can go together and reinforce each other,” she emphasized.
Concerns Over Cultural Tourism and Misappropriation
While acknowledging efforts to preserve traditional practices, Xanthaki encouraged Laos to ensure that tourism respects both biodiversity and cultural diversity. She stressed the importance of protecting practices such as music performances and alms-giving ceremonies, which she noted may be at risk of losing their deeper cultural significance due to the influence of mass tourism.
“All these point towards the instrumentalization of cultural practices, which become disconnected from ways of life. Meanings and ownership of such practices are lost in the efforts to satisfy the customer,” she said.
The rapporteur praised local organizations such as the Traditional Arts and Ethnology Centre for their community research, intellectual property advocacy, and heritage training. She also commended Ock Pop Tok, an artisan social enterprise, for empowering women and welcomed government actions to protect traditional weaving from misappropriation.
Xanthaki highlighted the need for practical measures to support cultural rights in Laos. She encouraged the government to foster an environment where cultural diversity is actively protected and celebrated, not merely enshrined in legal frameworks.
“I also understand how difficult the issue of unexploded ordnance must be and how they impact the everyday life of people in the Lao PDR,” she acknowledged, tying cultural and socio-economic challenges to the broader struggle for inclusive development in the country.
Further Reflections on Cultural Rights and Development
“I would have liked to see reflection of the public bodies on how they can use the know-how of ethnic groups about the forests, about the flora, about development, about sustainability, because this is what they’ve been doing for a long time.”
Xanthaki also underscored the importance of recognizing the cultural diversity of ethnic groups and ensuring they have a voice in decisions that impact their lives. She noted that, for example, in the Luang Prabang Heritage Management Committee, only one out of 20 members represented the villagers, limiting their participation in decisions that affect them.
“These are very clear, also have human rights impact assessments, where they identify the specific, how projects impact cultural rights is recognized, is identified,” she added.
Xanthaki believes that Laos could be an international example of how to include marginalized groups in the cultural rights conversation.
Source: Laotian Times
