being raised in relation to statelessness, including:
I.
II.
the "significant challenges" faced by Lao PDR in relation to birth registration, with a
quarter of all children under the age of 5 being unregistered in 2011 to 2012.21 Factors
contributing to this statistic were stated to include the high proportion of population living
in rural areas (68%), high adolescent birth rates (65 births per 1,000 girls aged 15 to 19 in
2014), the relative ease with which an identity document can be modified and the general
lack of knowledge of official migration requirements.22
restrictions on liberty of movement on particular religious persons, including allegations
that certain authorities refused to give passports to Christians, preventing them from
leaving the country. It should be noted however, that it is also stated that the situation
"seems to have vastly improved recently".23
ASEAN
26. Lao PDR is a member State of the Association of South East Asian Nations (ASEAN), and is a
signatory to the ASEAN Human Rights Declaration, ASEAN Declaration on the Elimination of
Violence against Women, and the ASEAN Declaration on the Elimination of Violence against
Children. Although these declarations are non-binding, it reflects consensus as to the importance
of human rights in the region. In particular, the right to nationality is enshrined in article 18 of the
2012 ASEAN Human Rights Declaration. As a member state of ASEAN, Lao PDR has participated in
workshops which examined issues relating to statelessness, birth registration and the right to a
nationality conducted by the ASEAN Intergovernmental Commission on Human Rights and UNHCR
in November 2011 and the ASEAN Commission on the Promotion and Protection on the Rights of
Women and Children in August 2013.24
Nationality Law Framework
Constitution of Lao PDR
27. The Constitution of Lao PDR sets out the fundamental rights and obligations of citizens in Chapter
IV (inserted in 2015). Most of the articles in that chapter apply only to "citizens" or "Lao citizens".25
28. The only reference to stateless persons (i.e. apatrids) is in Article 50 of the Constitution of Lao
PDR, which states that stateless persons:
I.
II.
are protected by the laws of Lao PDR;
have a right to file claims, prosecute, sue, request justice or lodge petitions with courts
and other organisations of Lao PDR; and
21
As mentioned above, but not included by the UN Special Rapporteur on the sale and sexual exploitation of children, the
Government of the Lao People’s Democratic Republic reported a similar number in 2017. Lao PDR, Voluntary National
Review on the Implementation of the 2030 Agenda for Sustainable Development (17 July 2018), page 59.
22 Human Rights Council, Report of the Special Rapporteur on the sale and sexual exploitation of children, including child
prostitution, child pornography and other child sexual abuse material, 40th sess, UN Doc A/HRC/40/51/Add.1 (21 January
2019), par 6, 8, 13, 14 and 44.
23 Asma Jahangir (Human Rights Council), Report of the Special Rapporteur on freedom of religion or belief, 13th sess, UN
Doc A/HRC/13/40/Add.4 (27 January 2010).
24 UN High Commissioner for Refugees (UNHCR), Submission by the United Nations High Commissioner for Refugees For the
Office of the High Commissioner for Human Rights' Compilation Report – Universal Periodic Review: Lao People's
Democratic Republic , June 2014, available at: https://www.refworld.org/docid/54c0d9414.html.
25 Constitution of the Lao People's Democratic Republic (8 December 2015), accessed on 9 May 2019 at
https://www.parliament.go.th/ewtadmin/ewt/ac/ewt_dl_link.php?nid=119&filename=parsystem2.
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