On 9 September 2024, the International Commission of Jurists (ICJ) submitted a report to the Committee on the Elimination of Discrimination against Women in preparation for its upcoming review of Lao PDR’s compliance with its obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This review follows the State party’s submission of its tenth periodic report under Article 18 of the Convention.
The ICJ’s submission focuses on two key issues: the inadequacy of legal provisions addressing gender-based violence (GBV) and the barriers preventing GBV victims/survivors from accessing justice.
On the issue of legal provisions, the ICJ analyzes laws that embody harmful gender stereotypes and discriminate against women, urging the Committee to recommend that the Lao government: revise the legal definitions of rape and marital rape; amend provisions related to sexual conduct with individuals under 18 and the dissemination of pornography to reflect individuals’ rights and capacity to make decisions about consensual sexual conduct; and repeal laws criminalizing prostitution, adultery, consensual sexual acts with monks, novices, nuns, hermits, and abortion. Furthermore, it calls on the Committee to recommend that the Lao government enact comprehensive anti-discrimination laws that recognize sexual orientation, gender identity, and expression as protected characteristics.
Regarding barriers to justice for GBV victims/survivors, the ICJ urges the Lao government to ensure that any use of alternative dispute resolution mechanisms is not automatic and, if necessary, that such mechanisms are conducted only with the free and informed consent of the survivor, assessed by a specialized team, and carried out by specialized, trained, and independent mediators and conciliators, in alignment with CEDAW and General Recommendations 35. The submission emphasizes the need for enhanced training for justice sector actors, the elimination of gender stereotypes, and the promotion of gender sensitivity among justice professionals.
The submission also stresses the need to introduce other key measures to ensure gender-responsive justice, which includes preventing secondary victimization of survivors, protecting women from retaliation when seeking justice, increasing the number of trained female police officers, lawyers, and interpreters in ethnic minority languages, establishing specific funds for reparations, and addressing the shortage of resources and documentation requirements that place a burden on survivors seeking shelter, ensuring these services are available to all those in need.
All of the ICJ’s recommendations aim to ensure that these critical issues are addressed in line with Laos’ obligations under CEDAW and other international human rights laws and standards.
The full submission in English is available here.