Prime Minister of the Lao People's Democratic Republic | |
---|---|
ນາຍົກລັດຖະມົນຕີ ແຫ່ງ ສປປ ລາວ Président du Conseil des ministres du Laos | |
Nominator | President |
Appointer | National Assembly |
Term length | Five years |
Inaugural holder | Kaysone Phomvihane |
Formation | 2 December 1975 |
The Prime Minister of the Lao People's Democratic Republic is the head of government of Laos. It is the highest office within the Central Government. The Prime Minister directs both the executive, and together with their government is accountable to the President, to the National Assembly and to the Lao People's Revolutionary Party, the only legalized party in the country.
The office of prime miniser has been in existence since the appointment of Phetsarath Ratanavongsa as the Prime Minister of the Kingdom of Luang Phrabang. It was codified into law by the promulgation of the Constitution of the Kingdom of Laos in 1947. The Office of Prime Minister of the Kingdom of Laos remained in existence until 2 December 1975 when the National Congress of People's Representatives dissolved the Kingdom and established the Lao People's Democratic Republic. The National Congress established the office of Prime Minister and the First Government of the new state on 2 December 1975. In 1982 the Supreme People's Assembly (SPA) approved the Law on the Council of Government which regularized the decision-making process of the government. Later, on 14 August 1991, the state constitution was approved. The Prime Minister was made subordinate to the President, and had to report on its work to both the President and the National Assembly, the legislature.
History
Background
The first head of government in Lao history was Phetsarath Ratanavongsa, who was appointed Prime Minister of the Kingdom of Luang Phrabang on 15 August 1941.[1] Five years later, on 27 August 1946 a French–Lao agreement saw the establishment of the Kingdom of Laos, the first unified modern Laotian state.[2] A Constituent Assembly was formed to enact a new constitution.[3] The Constitution of the Kingdom of Laos was enacted on 28 April 1947 by the Constituent Assembly, and promulgated by a royal decree on 11 May 1947.[3] Under the new constitution Laos was defined as "a unitary, indivisible and democratic kingdom."[4] This makes Prince Souvannarat the first Prime Minister of the Kingdom of Laos.[5] From 15 March 1947 until the dissolution of the Kingdom on 2 December 1975 seven individuals served as Prime Minister of the Kingdom of Laos.[5]
In the absence of a constitution (1975–91)
The Lao People's Democratic Republic (Lao PDR), as well as the Office of Prime Minister, was established on 2 December 1975 by a decision of the National Congress of People's Representatives (NCPR).[6] All institutions of the Kingdom of Laos were abolished and replaced by state structures strongly influenced by the ones existing in other socialist states, especially those of Vietnam.[6] The last decision of the NCPR equivocally stated that the SPA was to ensure "propel, assist and control all the activities of the government, to prepare a draft Constitution as well as propose laws which are indispensable and to strengthen the base of the new code of the law of the People's Democratic regime."[7] In this new system of government the Lao People's Revolutionary Party (LPRP) was granted a monopoly of state power.[8] The function of the Prime Minister, the government and the Supreme People's Assembly (SPA), the new legislature, were to implement the decisions of the party.[9] LPRP General Secretary Kaysone Phomvihane stated as much in 1977; "Party committees at all levels must lead [in fulfilling] the revolutionary task in all domains, but the essential is to direct the power of the state. They must make [the state] secure and powerful, capable of applying the line and policies of the Party.[10] According to scholar Chou Norindr the end result of the new system was that the government and the SPA were "confined to the subordinate role of management, while the Party leads, even though the people are assigned the role of 'collective mastery'. In other words, as opposed to political parties in the traditional state, which only fill the role of political forces or intermediary bodies vis-a-vis the sovereign state, in the LPDR the LPRP is itself in practice sovereign, having deprived the government and the SP A of their essential prerogatives in the functioning of the state.[11]
The government structure established on 2 December 1975 was named Council of Government, like its counterpart in Vietnam.[12] The institution has since its establishment been marked by hierarchy.[12] Kaysone Phomvihane, as the first Prime Minister of the Lao PDR, concurrently served as LPRP General Secretary.[12] His four deputy prime ministers Nouhak Phoumsavanh, Phoumi Vongvichit, Khamtai Siphandon and Phoune Sipraseuth served concurrently in the LPRP Politburo, the highest decision-making organ between sessions of the Central Committee.[13] The Prime Minister and his deputies, together with Saly Vongkhamsao, Sisavath Keobounphanh, Chanmy Douangboudy, Maychantane Sengmany and Thongsavat Khaykhamphitoune, formed the Presidency of the Council of Government.[14] The members of the Presidency controlled all legislative, executive and judicial powers in the state.[14] The deputy prime ministers of the First Government of the Lao PDR had wideranging tasks each held their own ministry, and were responsible for overseeing other ministries on behalf of the Prime Minister.[13] However, officially the government reported its work to, and was responsible to, the SPA.[15] The membership of the legislature, however, was dominated by LPRP members and the legislature therefore, seldom, held the government to account.[16] The government was responsible for the political, economic, cultural and social affairs of the state as well as its security, defense and foreign relations.[17] Further the government was responsible for increasing the economic efficiency of the state sector, develop the people's collective mastery and establish socialist relations of production.[17] In sum, the Council of Government was the supreme power on administration and economic affairs in the Lao PDR.[17]
The Law on the Council of Government was passed by the SPA in November 1982.[7] It stated that the Council of Government "full power to settle all matters of state management which do not fall under the duties and rights of the Supreme People's Assembly and of the SPA Standing Committee."[18] The law changed the name of the office of Prime Minister to Chairman of the Council of Government, and the offices of deputy prime ministers were changed to Deputy Chairman of the Council of Government.[18] The intention of the 1982 law was to strengthen the collegial streak of the body by emphasizing collective leadership, a communist leadership principle that seeks to hinder arbitrary decision-making.[18] Every minister and minister-level official had the right to attend the meetings of the Council of Government.[18] The law further emphasizes that "representatives of trade unions, youth and women may be invited" to the meetings of the Council of Government "for consultation on problems involving the masses of all strata to which each organization is responsible."[18]
The Council of Government organizes quarterly meetings of all ministerial-level officials.[18] In between sessions of the Council of Government, the Standing Committee of the Council of Government convened weekly.[18] It was composed of the Chairman, the First Deputy Chairman, deputy chairmen, ministers and Head of the Office of Council of Government but not heads of state committees.[18] The First Deputy Chairman acted in the place of the Chairman in his absence.[18] The deputy chairmen, like earlier, exercised supervisory and coordinating functions over the activities of the various ministries and state committees of government.[18] The decrees, decisions and "major issues" decided upon by the Council of Government (or its Standing Committee) had to be signed by the Chairman to enter into force, while resolutions, decisions, and instructions issued on less important matters could be signed either the chairman or the first vice-chairman to enter into force.[19] In addition, an entire section of the law was devoted to the Office of the Council of Government.[20] This office was responsible for preparing the work of the council, organizing its meetings, and of implementing the decisions of the council.[20] The Head of the Office of the Council of Government was to report directly to the Chairman and the First Deputy Chairman, and to conduct work on behalf of the council with the SPA and other organizations.[20]
The absence of a constitution made itself felt on the country's institutions.[21] Souphanouvong, the Chairman of the SPA Standing Committee, was elected Chairman of the SPA Constitutional Drafting Commission.[21] However, between 1975 and 1984 none of its work were made public.[21] In 1984 the SPA announced the creation of two Sub-committees of the Constitutional Drafting Commission.[21] The lack of an institutionalized structure led the party to bypass the state structures when making decisions.[21] For instance, the LPRP Secretariat reshuffled the First Government in January 1982 despite it being the SPA's responsibility.[22] Its also difficult to explain why the process took such a long time; it took Vietnam four years after reunification to pass another constitution and it less than two years for the People's Republic of Kampuchea.[23] However, by the mid-1980s Laos began being influenced by the reform movement taking place in Vietnam and in the socialist world more generally, and called for new elections to the SPA in 1988.[23] At the 1st Plenary Session of the newly elected SPA stated that it would pass a constitution in the not so distant future.[24] On 14 August 1991, the SPA adopted the first constitution of the Lao People's Democratic Republic.[23]
Constitutional system (1991–present)
The new constitution changed the name of the office of Chairman of the Council of Government back to Prime Minister.[25] It reaffirmed the LPRP's role in society by defining it as the "leading nucleus" of the state.[26] The executive branch of government was strengthened, but powers were distributed away from the head of government to the head of state, the President of the Lao People's Democratic Republic.[27] Kaysone Phomvihane, the Prime Minister since 1975, left office on 15 August 1991 and took over the presidency while Khamtai Siphandon stepped in as Prime Minister.[27] Under the new framework, the President had the right appoint and dismiss the Prime Minister and ministers on the approval of the National Assembly, the country's new legislature.[26] Formerly the head of government appointed the provincial governors, but those powers were delegated to the presidency.[27] According to scholar Stephen T. Johnson the new presidency could be likened to the office of President of France during the Fifth Republic.[26] The Prime Minister was made responsible for guiding the work of the government ministries and committees, as well as provincial governors and mayors of municipalities.[28]
The constitution has been amended on two occasions, one in 2013 and another in 2015. Amendments in 2013 were needed to "reflect the political and economic reality of contemporary Laos", and in 2015 it was to "respond to the Party's renovation policies and the country's development vision until 2030."[29] The 2015 amendments gave the National Assembly the power to appoint and dismiss the Prime Minister and the government.[30] It further removed the power of the President to appoint the Prime Minister.[30]
Qualifications and selection
Laos portal |
The state constitution does not stipulate any qualifications needed to become Prime Minister, but states in Article 23 that all "Lao citizens aged eighteen years and above have the right to vote and those aged twenty years and above have the right to be elected, except insane persons, persons with mental disorders and persons whose rights to vote and to be elected have been revoked by a court."[31] The Law on the Government does not say anything on the matter either.[32] Article 3 states that "The government operates on a principle of democratic centralism based on the Constitution and laws, having the Lao People's Revolutionary Party as the axle and having the Lao Front for National Construction, the mass organisations and the social organisations as the power [and] uses educational, economic, and administrative methods to manage the State and to manage the society and economy."[33] That is, the Prime Minister and the Government are selected on the premise that they implement party decisions.[34]
Since its establishment the Prime Minister has always been a leading party official. In the period 1975–91, when it was the most powerful state office, LPRP General Secretary served concurrently as Prime Minister.[12][27] Since 1998 no sitting LPRP General Secretary has concurrently served as Prime Minister opting rather to hold the Presidency.[35] Still, every Prime Minister since 1998 has been a member of the LPRP Central Committee and its Politburo.[36] A member of the Politburo does not need a fixed ranking to be elected prime minister. For instance, Sisavat Keobounphan was ranked 8th in the Politburo and Bounnhang Vorachith was 4th,[37] while Thongsing Thammavong was ranked 3rd and Thongloun Sisoulith 2nd in the Politburo hierarchy.[38][39]
Role and authority
Incumbency
Term limits
Vacancies and succession
Style of address
Officeholders
No. | Prime Minister | Term start | Term end | Duration | Head of state | |
---|---|---|---|---|---|---|
1 | Kaysone Phomvihane ໄກສອນ ພົມວິຫານ (1920–1992) |
8 December 1975 | 15 August 1991 | 15 years, 250 days | Souphanouvong | |
Phoumi Vongvichit | ||||||
2 | File:Khamtai Siphandon.jpg | Khamtai Siphandon ຄຳໄຕ ສີພັນດອນ (born 1924) |
15 August 1991 | 16 February 1998 | 6 years, 193 days | Kaysone Phomvihane |
Nouhak Phoumsavanh | ||||||
3 | File:สีสะหวาด แก้วบุนพัน.jpg | Sisavath Keobounphanh ສີສະຫວາດ ແກ້ວບຸນພັນ (1928–2020) |
16 February 1998 | 27 March 2001 | 3 years, 31 days | Khamtai Siphandon |
4 | Bounnhang Vorachith ບຸນຍັງ ວໍລະຈິດ (born 1937) |
27 March 2001 | 8 June 2006 | 5 years, 73 days | ||
5 | Bouasone Bouphavanh ບົວສອນ ບຸບຜາວັນ (born 1954) |
8 June 2006 | 23 December 2010 | 4 years, 198 days | Choummaly Sayasone | |
6 | Thongsing Thammavong ທອງສິງ ທຳມະວົງ (born 1944) |
23 December 2010 | 20 April 2016 | 5 years, 119 days | ||
7 | Thongloun Sisoulith ທອງລຸນ ສີສຸລິດ (born 1946) |
20 April 2016 | Incumbent | 8 years, 26 days | Bounnhang Vorachit |
Living former prime ministers
-
Khamtai Siphandon served 1991–1998 born 1924 (age 100)
Khamtai Siphandon
served 1991–1998
born 1924 (age 100) -
Bounnhang Vorachith
served 2001–2006
born 1937 (age 86) -
Bouasone Bouphavanh
served 2006–2010
born 1954 (age 69) -
Thongsing Thammavong
served 2010–2016
born 1944 (age 80)
See also
References
Specific
- ^ Stuart-Fox 2008, p. 253.
- ^ Stuart-Fox 2008, p. xxxviii.
- ^ a b Stuart-Fox 2008, p. 67.
- ^ Stuart-Fox 2008, pp. 67–8.
- ^ a b Stuart-Fox 2008, p. 397.
- ^ a b Norindr 1982, p. 39.
- ^ a b Brown & Zasloff 1986, p. 162.
- ^ Norindr 1982, p. 46.
- ^ Norindr 1982, p. 47.
- ^ Norindr 1982, pp. 47–8.
- ^ Norindr 1982, p. 48.
- ^ a b c d Norindr 1982, p. 52.
- ^ a b Norindr 1982, p. 53.
- ^ a b Norindr 1982, pp. 52–3.
- ^ Norindr 1982, p. 55.
- ^ Norindr 1982, pp. 55–6.
- ^ a b c Norindr 1982, p. 54.
- ^ a b c d e f g h i j Brown & Zasloff 1986, p. 168.
- ^ Brown & Zasloff 1986, p. 168–9.
- ^ a b c Brown & Zasloff 1986, p. 169.
- ^ a b c d e Stuart-Fox 1986, p. 70.
- ^ Stuart-Fox 1986, p. 81.
- ^ a b c John 2006, p. 90.
- ^ John 2006, p. 89.
- ^ John 2006, p. 117.
- ^ a b c Johnson 1992, p. 84.
- ^ a b c d Johnson 1992, p. 82.
- ^ Brown & Zasloff 1995, p. 169.
- ^ Bui 2019, p. 761.
- ^ a b Bui 2019, p. 767.
- ^ "Article 36" (PDF). Constitution of Laos. 2015.
- ^ Law on the Government of the Lao People's Democratic Republic (PDF). 2003.
- ^ "Chapter 1: General Provisions". Law on the Government of the Lao People's Democratic Republic (PDF) (3). 2003.
- ^ Bui 2019, p. 766.
- ^ Stuart-Fox 2008, pp. 397 & 405–6.
- ^ Stuart-Fox 2008, pp. 398 & 405–6.
- ^ Stuart-Fox 2008, pp. 405–6.
- ^ Creak & Sayalath 2017, p. 183. sfn error: multiple targets (2×): CITEREFCreakSayalath2017 (help)
- ^ Creak 2011, pp. 122–3.
Bibliography
Books:
- Brown, MacAlister; Zasloff, Joseph J. (1986). Apprentice Revolutionaries: The Communist Movement in Laos, 1930–1985. Hoover Institution Press. ISBN 0-8179-8122-5.
{{cite book}}
: CS1 maint: multiple names: authors list (link) - John, Ronald Bruce St. (2006). Revolution, Reform and Regionalism in Southeast Asia. Routledge. ISBN 0-203-09947-8.
- Norindr, Chou (1982). "Political Institutions of the Lao People's Democratic Republic". In Stuart-Fox, Martin (ed.). Contemporary Laos: Studies in the Politics and Society of the Lao People's Democratic Republic. University of Queensland Press. ISBN 0-7022-1840-5.
- Stuart-Fox, Martin (2008). Historical Dictionary of Laos. Scarecrow Press. ISBN 978-0-81086-411-5.
- Stuart-Fox, Martin (1986). Laos: Politics, Economics, and Society. Lynne Rienner Publishers. ISBN 978-1-55587-004-1.
Journal articles:
- Bui, Ngoc Son (2019). "Constitutional amendment in Laos". International Journal of Constitutional Law. 17 (3). Oxford University Press: 756–86.
- Creak, S. & Sayalath, S. (2017). "Regime Renewal in Laos: The Tenth Congress of the Lao People's Revolutionary Party". Southeast Asian Affairs: 179–200.
{{cite journal}}
: CS1 maint: multiple names: authors list (link) - Creak, Simon (2011). "Laos: Celebrations and Development Debates". Southeast Asian Affairs: 107–128.
- Huxley. Andrew (1991). "The Draft Constitution of the Laotian People's Democratic Republic". Review of Socialist Law. 17 (1). Brill Publishers: 75–78.
- Johnson, Stephen T. (January 1992). "Laos in 1991: Year of the Constitution". Asian Survey. University of California Press: 82–87.
- Stuart-Fox, Martin (1991). "The Constitution of the Lao People's Democratic Republic". Review of Socialist Law. 17 (4). Brill Publishers: 299–317.
Report:
- Brown, MacAlister; Zasloff, Joseph J. (1995). "Chapter 4: Government and Politics". In Savada, Andrea Matles (ed.). Laos: a Country Study (PDF). Federal Research Division of the Library of Congress. pp. 203–52.
{{cite book}}
: CS1 maint: multiple names: authors list (link)