Experts of the Committee on the Rights of Persons with Disabilities Welcome Lao People's Democratic Republic’s Disability Legislation and Services, Ask Questions on Measures to Support Persons with Leprosy and to Eradicate Poverty
The Committee on the Rights of Persons with Disabilities today concluded its consideration of the initial report of Lao People’s Democratic Republic on its implementation of the Convention on the Rights of Persons with Disabilities. Committee Experts commended legislation and services for persons with disabilities, while asking questions on measures to support persons with leprosy and eradicate poverty.
Odelia Fitoussi, Committee Expert and Country Co-Rapporteur, welcomed the changes in legislation that the Lao People’s Democratic Republic had made in recent years to implement Convention concepts, and its efforts to develop services for people with disabilities.
A Committee Expert said that persons with leprosy faced serious discrimination. Were such persons entitled to Government allowances? What special care was provided to women and girls with leprosy?
Another Committee Expert asked about measures in place to ensure access to social protectionnd to reduce poverty among persons with disabilities. How would the State enhance socio economic opportunities for persons with disabilities?
Introducing the report, Padeumphone Sonthany, Deputy Minister of Labour and Social Welfare of Lao People’s Democratic Republic and head of the delegation, said that in order to implement the Convention, a decree on persons with disabilities was upgraded to the law on disabled people in 2018. The law on education and other relevant laws had been revised to be compliant with the Convention. State policies, strategies, and action plans had resulted in better conditions for persons with disabilities.
The delegation said that Lao People’s Democratic Republic provided treatment and rehabilitation for persons with leprosy through six leprosy health centres. It paid the full cost of health services, travel, lodging and meals at health centres. Mobile clinics were also provided in rural areas.
The national social economic development plan included measures to eliminate poverty amongst persons with disabilities. Benefits and allowances were provided to persons with disabilities, and the Government was deliberating about establishing a fund to aid poor persons with disabilities.
In concluding remarks, Mr. Sonthany said that Lao People's Democratic Republic had issued a number of legislations and policies, but in practice there were many gaps that needed to be addressed. The delegation would bring the recommendations of the Committee to high-level members of the Government to ensure that they would be implemented efficiently and effectively. The Government called for further support from the international community in promoting the rights of persons with disabilities.
The delegation of Lao People’s Democratic Republic consisted of representatives of the Ministry of Labour and Social Welfare; Ministry of Justice; Ministry of Foreign Affairs; Ministry of Education and Sports; Lao Women’s Union; Ministry of Health; and the Permanent Mission of Lao People’s Democratic Republic to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Lao People’s Democratic Republic at the end of its twenty-seventh session, which concludes on 9 September. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s twenty-seventh session and other documents related to the session can be found here.
The Committee will next meet in public on Tuesday, 30 August at 3 p.m. to review the initial report of Singapore (CRPD/C/SGP/1).
Report
The Committee has before it the initial report of Lao People’s Democratic Republic (CRPD/C/LAO/1).
Presentation of Report
PADEUMPHONE SONTHANY, Deputy Minister of Labour and Social Welfare of Lao People’s Democratic Republic and head of the delegation,said that Lao People's Democratic Republic had 160,881 persons with disabilities, or 2.8 per cent of the population over five years of age. The Lao People’s Democratic Republic attached importance to the rights and legitimate interests of vulnerable groups in the country, particularly persons with disabilities. The State Constitution, laws and policies encouraged solidarity, non-discrimination and equal treatment of all multi-ethnic nationals.
To implement the Convention, a decree on persons with disabilities was upgraded to the law on disabled people in 2018. The law on education and other relevant laws had been revised to be compliant with the Convention. The Government had also developed the 2016-2020 and 2021-2025 inclusive education strategies; the 2017-2020 strategy for health care and therapeutic rehabilitation for disabled people; the 2016-2020 labour and social welfare strategy; and the national social protection strategy. These policies, strategies, and action plans had resulted in better conditions for persons with disabilities.
Twelve civil society associations, including the Lao Disabled Women’s Development Centre, promoted and developed legislation and strategies for upholding the rights of persons with disabilities, and implemented and monitored them in partnership with Government authorities.
Persons with disabilities could equally access State health insurance, social security and social welfare systems. The Government had established five medical rehabilitation centres and mobile clinic services for remote areas to provide services to persons with disabilities. Prosthetic devices, orthotic devices and assistive devices had also been provided to persons with disabilities.
A free, inclusive education system, spanning from early childhood to higher education, had been introduced. Teachers, subsistence allowances, teaching-learning materials and other fundamental facilities were provided for. The Vocational Development Centre for Disabled People played a crucial role in providing vocational training for persons with disabilities. The Government had developed policies and regulations to promote equal access to employment for persons with disabilities.
Lao People’s Democratic Republic continued to improve the accessibility of buildings and other public services, making regulations and guidelines for direction signs, ramps, bars, elevators, parking lots and toilets. Information and communication systems had also been improved by developing Lao sign language, Braille textbooks, audio programmes and applications for autism and persons with visual, hearing and speaking difficulties.
The Government was cooperating with international organizations, regional bodies and other States to further develop efforts for persons with disabilities. Lao People's Democratic Republic had received substantial technical and financial assistance, but not enough to meet development demand.
Although progress had been made in the promotion and protection of the rights of persons with disabilities, sectoral regulations needed to be revised to bring them in line with the Convention; public awareness raising campaigns on the rights of persons with disabilities needed to be enhanced; engagement from communities in supporting persons with disabilities needed to be promoted; and the quantity and quality of human and financial resources provided for persons with disabilities needed to be improved. To address these challenges, the Government was exchanging lessons and best practices, including regarding financial and technical assistance, with bilateral, regional and international partners.
Questions by Committee Experts
ODELIA FITOUSSI, Committee Expert and Country Co-Rapporteur, welcomed the changes in legislation that the Lao People’s Democratic Republic had made in recent years to implement Convention concepts, and its efforts to develop services for people with disabilities. The more that the State involved persons with disabilities in meaningful and effective dialogue with policymakers, the clearer the path to a dignified and beneficial life for people with disabilities would become. The Committee was concerned, however, about the extent of implementation of an inclusive education system; the accessibility of public facilities and transportation, and that of information in the media; and data collection on people with disabilities in all spheres of life.
Ms. Fitoussi asked for information on measures taken to support and empower female leaders with disabilities and women's organizations, and involve them in decision-making processes regarding legislation. What programmes promoted personal and occupational development, and educated on sexuality and protection against violence? How did the Government ensure that children with disabilities could enjoy their rights to health and education, and ensure their protection?
RISNAWATI UTAMI, Committee Expert and Country Co-Rapporteur, was concerned about the limited involvement of organizations of persons with disabilities in the development of disability policies. What measures were in place to ensure their participation in this process?
A Committee Expert asked about measures taken to ratify the Optional Protocol to the Convention. Had the Government attempted to harmonise terminology in national laws and public policies with the Convention? What measures had been taken to replace the medical and charity models of disability with the human rights model in all national laws and policies?
What measures were available to eliminate discrimination and stigmatisation against women and girls with disabilities? What budget was available for the Lao Disabled Women’s Development Centre? What steps had been taken to strengthen organizations of women with disabilities? What measures were in place to ensure the rights of children with disabilities? Were children’s views and interests given due weight in all matters that affected them?
A Committee Expert asked about measures taken to enforce non-discriminatory policies and legislation. What measures had been implemented to allocate a budget for and implement such legislation? What measures had been taken to reduce poverty and include indigenous perspectives in national laws?
Another Committee Expert asked about measures being taken to raise awareness among all persons with disabilities about their rights under the Convention. What measures had been taken to combat stigma, stereotypes, hate crimes and discriminatory language against persons with disabilities? Were awareness-raising materials available in accessible formats, such as Braille, sign language and Easy Read?
One Committee Expert said that awareness-raising campaigns had been carried out without support from the State. How did the State plan to support such campaigns?
A Committee Expert asked the delegation to explain whether law 57 allowed persons with disabilities to bring claims relating to discrimination to court. What remedies and redress were provided to persons with disabilities facing multiple and intersectional forms of discrimination?
One Committee Expert said that persons with leprosy faced serious discrimination. Were such persons entitled to Government allowances? What special care was provided to women and girls with leprosy? Were there international aid programmes focusing on supporting women and girls with disabilities? What policies and programmes were in place to support women and girls with disabilities?
Another Committee Expert said that persons with disabilities were exempted from paying public transport fees, but no laws promoted universal design concepts. Did the State party plan to implement accessibility standards in public buildings? To what extent did Government organizations monitor the accessibility of buildings?
Responses by the Delegation
The delegation said that the Government had developed a plan for appointing women to at least 20 per cent of Government positions. All women, including women with disabilities, were encouraged to apply. The Government had also established a poverty reduction fund and worked with persons with disabilities to fight poverty. All State policies and plans included a gender perspective. Many women with disabilities held important positions in organizations in the State.
Lao People’s Democratic Republic provided treatment and rehabilitation for persons with leprosy through six leprosy health centres. It cooperated with international organizations to provide assistive devices free of charge for all persons with disabilities, and paid the full cost of health services, travel, lodging and meals at health centres. Mobile clinics were also provided in rural areas, and vocational training was provided free of charge in rural areas for persons with disabilities.
The Government had revised legislation and developed a five-year plan to promote inclusive education. Allowances were provided to children with disabilities and ethnic students to support their education. School uniforms were also provided to students with disabilities. Over 5,000 students with disabilities were participating in inclusive education, and sign language education had been provided for teachers.
Lao People's Democratic Republic was not ready to ratify the Optional Protocol, due to limited capacity for its implementation. The Government was focusing on effectively implementing the treaties that it had ratified.
Lao People's Democratic Republic had always engaged with associations of persons with disabilities regarding development and monitoring of legislation. Persons with disabilities were included in developing strategies for unexploded ordnance clearances, and organizations of persons with disabilities were involved in awareness-raising campaigns regarding unexploded ordnance.
A national committee for persons with disabilities had been established, and members included representatives of organizations of persons with disabilities. This national committee developed strategies and legislation promoting persons with disabilities, and drafted budgets for those measures. Legislation prevented discrimination of persons with disabilities. Persons with disabilities met with representatives of the Ministry of Home Affairs regularly to consult on poverty eradication and social and economic development plans. Persons with disabilities were prioritised in policies aiming to eradicate poverty. The national committee for elderly people had been separated from the committee for persons with disabilities.
The Government provided Braille and sign language translation in the judicial system and in other communication. Awareness-raising programmes were in place to promote accessible information. Secondary legislation would be created to reduce transport costs for persons with disabilities and promote universal design.
Lao People’s Democratic Republic was cooperating with partner States and international organizations to hold training seminars on human rights treaties, including the Convention, to public officials. A booklet on human rights had been developed for these training sessions, and organizations of persons with disabilities were invited to speak at the sessions.
A decree on awareness-raising on laws had been developed that set guidelines on accessible information formats for campaigns. Radio and television formats were used to provide information, and laws were published in the official gazette and in the “Lao Law” application. The State also worked with international organizations to integrate sign language into television broadcasts.
PADEUMPHONE SONTHANY, Deputy Minister of Labour and Social Welfare of Lao People’s Democratic Republic and head of the delegation, said that legislation was in place that provided modes of redress for victims of discrimination. Only certain types of disabilities were covered in inclusive education programmes due to limited resources. The Government aimed to expand and further this work.
Questions by Committee Experts
ODELIA FITOUSSI, Committee Expert and Country Co-Rapporteur, said that the statistic on the share of the population with disabilities provided by the State was far lower than averages across the world. How did the State obtain this statistic?
RISNAWATI UTAMI, Committee Expert and Country Co-Rapporteur, asked for concrete information on the mechanisms ensuring that organizations of persons with disabilities were included in the policy making process.
A Committee Expert said that the delegation had not explained whether legislation protected the rights of women and girls with disabilities. Did policy makers consider the perspectives of women and girls with disabilities?
Another Committee Expert asked about specific measures to prohibit child labour and human trafficking. What measures would the State party take to enhance physical access to school buildings and bathroom facilities? How would the State party make information provided in schools more accessible? How did the State provide persons with disabilities living in mountainous regions with health care, education and other services?
A Committee Expert asked whether the Government cooperated with organizations of persons with disabilities to monitor the accessibility of information.
ODELIA FITOUSSI, Committee Expert and Country Co-Rapporteur, asked about measures to support persons with disabilities recovering from disasters, especially in rural areas. How did the State intend to develop a training model for legal officials on supporting persons with disabilities?
RISNAWATI UTAMI, Committee Expert and Country Co-Rapporteur, said that there was a shortage of accessibility devices provided by the Government. What measures were in place to increase the number of available devices?
A Committee Expert asked about measures to amend the law on criminal and civil procedure, which denied persons with intellectual disabilities equal recognition before the law. What steps had been taken to ensure access to justice for persons with disabilities, especially persons with intellectual or psychosocial disabilities? How did the State plan to address the segregation and exclusion of persons with disabilities in the community, in particular of persons with leprosy, who lived in segregated leprosy colonies?
Another Committee Expert asked about measures to facilitate supported decision making. What measures were in place to raise the awareness of officials in the judicial system about the legal capacity of persons with disabilities? What was being done to support persons with disabilities to live independently in the community? Could persons with disabilities access affordable community-based services?
One Committee Expert asked about programmes being implemented to protect persons with disabilities from the effects of climate change. Could alarms be heard by persons with disabilities? What plans were in place to support the evacuation for persons in wheelchairs? What measures were in place to protect persons with disabilities from violence, and to properly investigate all such cases in courts? How many persons with psychosocial disabilities were being given treatment in institutions, and how many persons had complained about such treatments?
A Committee Expert asked about measures to ensure that persons with disabilities in rural areas had access to mobility aids. What measures were in place to make training in mobility skills available to persons with disabilities?
Responses by the Delegation
The delegation said the Government had developed a national strategy on medical rehabilitation 2018–2025. Provincial medical rehabilitation centres provided mobility technologies and services, and mobile clinics provided these services in rural areas. Import tax was not charged on raw materials for constructing assistive technologies. Ramps, grab bars and accessible toilets had been installed in medical rehabilitation centres. These centres had treated over 100,000 persons, and provided thousands of persons with various mobility devices. Medical rehabilitation centres distributed brochures and posters, and broadcast on television and radio to make the public aware of their services.
The Government had set up treatment centres for persons with leprosy. Persons with leprosy had been detained in these centres in the past, but lived alongside other persons in villages today. The Government had also provided agricultural land to persons with leprosy to support their livelihoods and help them to integrate into society. Artificial limbs were provided to persons with leprosy free of charge.
The centre for rehabilitation had social workers who provided counselling to persons with psychosocial disabilities. There were no institutions that detained such persons, and violence was not used against them.
Community-based rehabilitation was provided by staff of the centre for medical rehabilitation. Staff instructed parents on supporting children with disabilities, and persons with disabilities on how to use mobility assistance equipment. A network of information on persons with disabilities had been established with the support of international organizations. The Government aimed to scale up community-based rehabilitation services this year, and build up the skills of village health volunteers to provide home-based rehabilitation.
Lao People's Democratic Republic had set up a taskforce on COVID-19 prevention. The taskforce had conducted information campaigns on preventing the spread of COVID-19, providing information in sign language and Braille. International organizations helped with vaccination and treatment.
The Government had revised legislation on legal aid and developed a web page and mobile application to receive requests and feedback from persons who required legal aid. Over 139 legal aid offices had been established to provide legal information and counselling, draft documents and represent persons in court. Posters and pamphlets on legal aid services had been developed, as well as a television drama on legal aid. The State worked with civil society and international organizations to engage with persons with disabilities on improving legal aid services.
Persons with disabilities were exempted from punishments such as life imprisonment and death sentences. Persons with psychosocial disabilities had the right to submit complaints and request justice from the authorities. A community justice system was also in place, with over 8,000 village mediation units established nationwide. Persons with disabilities could submit complaints to these units. Guardians of persons with disabilities were invited to participate in proceedings. If cases were not concluded, they could be brought to district mediation units or national courts. An appellate court was also available.
Lao People's Democratic Republic used the Washington Group questionnaire in its census of persons with disabilities, and this had led it to the figure of 2.8 per cent of the population with disabilities. Persons with disabilities were invited to engage in meetings related to legislation that affected them.
The Government had developed tools and applications to aid the education of children with autism and visual impairments. The national plan of action on persons with disabilities included specific provisions on making information accessible. The Government encouraged restaurants and factories to provide persons with disabilities with accessible information.
The Constitution allowed persons with disabilities to live and settle freely. In the provision of livelihoods, priority was given to households with persons with disabilities.
Lao People's Democratic Republic had issued a law on disaster management. Persons with disabilities, children and elderly persons were key priorities in the provision of assistance. Consumables were provided to these groups efficiently in disasters. The Department of Meteorology and Hydrology used local loudspeakers and television broadcasts to provide information on disasters. The Government was working on developing monitoring systems for air pollution and water quality. Mobile applications for disaster systems were also being developed.
There was a clause in the national plan of action on gender regarding persons with disabilities, however, the State could do more to include persons with disabilities in national action plans. It would review national plans to further promote the rights of persons with disabilities.
Questions by Committee Experts
ODELIA FITOUSSI, Committee Expert and Country Co-Rapporteur, asked what measures were in place to develop minimum accessibility standards for children with disabilities in schools, and to ensure that schools were accessible to persons with disabilities. How did the State intend to increase the capacity of teachers to use Braille and sign language? Did the State intend to ratify the Marrakesh Treaty?
RISNAWATI UTAMI, Committee Expert and Country Co-Rapporteur, said that access to employment for persons with disabilities was still lacking. Legislation did not address issues such as aid for work-related disabilities. What measures were in place to provide support for persons with disabilities in the workplace?
What measures had been taken to consult with organizations of persons with disabilities on international aid programmes? Would the State submit its aid plans to the United Nations Economic and Social Commission for Asia and the Pacific? What steps had been taken to establish an independent human rights institution in line with the Paris Principles?
A Committee Expert asked about measures to promote the adoption of a national sign language and ensure the training of sign language interpreters. What measures were in place to ensure that websites were accessible? Did the State intend to support radio broadcasts that had been cancelled due to insufficient funding?
What measures were in place to ensure access to social protection and to reduce poverty among persons with disabilities? How would the State enhance socioeconomic opportunities for persons with disabilities?
One Committee Expert asked what support was available for parents of children with disabilities. Was informed consent required for psychiatric medical procedures? Did the Government provide economic and social opportunities for persons with leprosy?
Another Committee Expert said that subsidies were provided to disadvantaged persons to receive education. How many women and girls with disabilities had received such subsidies? What had the State done to reduce illiteracy rates of persons with disabilities? Was it possible to increase subsidies to allow children with disabilities to attend schools? What measures were in place to reduce the drop-out rate?
What financial resources had been set aside to ensure that the disability strategy and plan of action could be implemented effectively?
A Committee Expert said that there were three special schools for children with disabilities operated by the Ministry of Health. This indicated that the State had not fully implemented inclusive education. Did the State plan to transfer students in special schools to normal schools? What was the number of children with disabilities who were currently out of education?
Persons with disabilities had the right to vote and stand for election, however, persons with visual disabilities could reportedly not access voting stations as they did not carry identification cards. What measures were in place to encourage persons with disabilities to participate in political activities, and improve the accessibility of voting stations and information on voting?
A Committee Expert asked about measures that the State had taken to examine the results of community-based rehabilitation programmes. Did the State consult with organizations of persons with disabilities on these programmes, and encourage these organizations to participate in these programmes?
What steps had been taken to establish a disability data collection working group to enhance statistical capacity at national and local levels? Would the State implement a disability survey that examined indicators such as health and education?
Another Committee Expert said that the participation of deaf persons was limited due to a lack of sign language interpretation services. How did the State plan to support the development and use of such interpretation services?
Responses by the Delegation
The delegation said that in the past, special schools were managed by the Ministry of Health, but they were now managed by the Ministry of Education and Sports. Training was provided to teachers from Lao People’s Democratic Republic in Thailand on sign language and Braille. The Ministry of Health managed vocational training centres for persons with disabilities. International experts supported community-based rehabilitation programmes, and the Government provided support and education for household members in these programmes. Persons with disabilities were encouraged to engage in animal husbandry and other rural occupations, and were supported to live independently.
There were around 2,100 school-age children with disabilities registered with the State, of which around 530 could not access education. To ensure access to education, an independent and inclusive education centre had been established, and workers had been trained in Thailand on producing accessible learning materials. The Government had increased its budget for inclusive education training. Scholarships were provided to disadvantaged persons to study in neighbouring countries. Between 2016 and 2020, a project had been implemented to ensure access to early childhood education and medical screenings for children in rural areas. In the past few months, the Ministry of Education and Sport had received assistance to develop statistics on students with disabilities, including on enrolment and drop-out rates. These would be used to inform policies. The Ministry had also worked with an autism association to provide training to rural teachers on inclusive education.
Lao People’s Democratic Republic was considering the ratification of the Marrakesh Treaty. It needed to examine domestic legislation to ensure compliance, and there were limitations in terms of human and financial resources. It intended to ratify the Treaty in the future. The Government had reviewed the possibility of establishing a national human rights institute, but decided to continue to strengthen existing institutions rather than setting up a new institution. There were currently commissions dealing with the rights of persons with disabilities, elderly persons, children and women, and commissions on the prevention of trafficking, torture and discrimination. Laws on the grievance mechanism and citizen petitions had been developed to address civil complaints in an efficient manner. A complaints court had also been established to address misconduct by civil servants.
The law on labour promoted skill development for persons with disabilities. Vocational training dedicated to persons with disabilities in rural areas had encouraged an increase in the employment rate of persons with disabilities. Village development funds and banks provided funds to persons with disabilities who wished to access training or establish businesses. The Government was considering developing an employment quota for persons with disabilities.
Lao People’s Democratic Republic recognised that child labour needed to be urgently addressed, and had ratified International Labour Organization conventions on the prohibition of child labour. Around 178,000 children were victims of child labour in the country. A national plan for the elimination of child labour had been established, the goal of which was to eliminate child labour by 2030.
The Washington Group questionnaire was being implemented into the statistics system. Persons with disabilities were invited to participate in planning data collection methods.
Radio programmes by certain organizations of persons with disabilities had been stopped due to a lack of resources. The Government needed to increase broadcasts in accessible formats, including television broadcasts featuring sign language interpretation. Lao People's Democratic Republic was also committed to making State websites accessible.
The national social economic development plan included measures to eliminate poverty amongst persons with disabilities. Benefits and allowances were provided to persons with disabilities, and the Government was deliberating about establishing a fund to aid poor persons with disabilities.
The State did not prevent citizens from voting, however, identification cards were required to vote. There were no barriers for persons with disabilities to obtain identification cards. The Government encouraged persons with disabilities to be involved in all political processes.
Closing Remarks
LATSAMY KEOMANY, Permanent Representative of Lao People's Democratic Republic to the United Nations Office at Geneva, said that in order to further enhance the rights of persons with disabilities in Lao People’s Democratic Republic, specific support measures were required. It was unfortunate that the delegation did not include representatives from youth organizations and organizations of persons with disabilities. Mr. Keomany called on the Committee to assist the State party to develop digital literacy and digital transformation. A digital transformation would assist with implementing inclusive education.
PADEUMPHONE SONTHANY, Deputy Minister of Labour and Social Welfare of Lao People’s Democratic Republic and head of the delegation, said that Lao People's Democratic Republic had issued a number of legislations and policies, but in practice there were many gaps that needed to be addressed. The delegation would bring the recommendations of the Committee to high-level members of the Government to ensure that they would be implemented efficiently and effectively. Lao People's Democratic Republic relied on assistance from the international community in providing protection to persons with disabilities. The Government called for further support from the international community to provide this protection.
RISNAWATI UTAMI, Committee Expert and Country Co-Rapporteur, said that Lao People’s Democratic Republic had been working hard to support the rights of persons with disabilities. The Committee appreciated that the State had limited financial resources, but it had the responsibility to protect the rights of persons with disabilities under the Convention. Civil society actors and organizations of persons with disabilities should be allowed to participate in budget assessment mechanisms, and to advocate for the allocation of budgets to various mechanisms to support persons with disabilities. Assistive technologies, accessible curricula, access to labour markets, poverty reduction and international monitoring of the Convention were among the issues raised in the dialogue. These challenges in implementing the Convention needed to be addressed in collaboration with organizations of persons with disabilities.
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CRPD.22.018E