Advancing Laws on Indigenous Peoples Issues: The case of Congo Annual UN Inter-Agency Support Group on Indigenous Peoples Issues, New York, 21-23 November 2011 Advancing Laws on Indigenous Peoples Issues: The case of Congo by Mr. David LAWSON UNFPA Representative to the Republic of Congo & Country Director for the Republic of Gabon

Advancing Laws on Indigenous Peoples Issues: The case of Congo Congo Socio-demographic data Congolese population: 3,7 million (2007 census) Baaka Indigenous population: 43,500 (51,5% women) 2% total population Down from previous estimates at 10%

Advancing Laws on Indigenous Peoples Issues: The case of Congo Fragile indigenous socio-economic context Mobile populations (predominantly hunters) Poorest populations with limited access to revenue and basic social services Discriminated and prejudiced against by majority Bantu populations Under-representation in local and national policy decision making processes

Advancing Laws on Indigenous Peoples Issues: The case of Congo What triggered a Law? Adoption of the UN Declaration on Indigenous Peoples in 2007 (supported by Govt) Government political commitment to highest human rights standards and international instruments Sustained UN advocacy … …and social mobilization in-country

How was the law prepared? Advancing Laws on Indigenous Peoples Issues: The case of Congo How was the law prepared? Inclusive and participatory process (development partners, parliamentarians, NGOs, indigenous peoples) A National Network of Indigenous Peoples (RENAPAC) (2009) …building on existing National Strategy to Protect Indigenous Peoples Rights (2009-2013)… State Justice and Human Rights Minister-led… …with Ministerial inter-sectoral support

Advancing Laws on Indigenous Peoples Issues: The case of Congo The Law (1) Law on the Protection and Promotion of Indigenous Populations Rights (Feb. 2011) Response to indigenous request for access to land & ressources; respect for cultural heritage; equal citizenship and participation …covers political, civil and cultural rights, and access to citizenship, education, health, employment, property, clean environment…

Advancing Laws on Indigenous Peoples Issues: The case of Congo The Law (2) Culturally-sensitive and protective progressive law Prevents use of word «Pygmees» (traditional name) considered pejorative Ensure equal rights in all aspects of life indigenous peoples consultations on legislative or administrative measures affecting them… …Inter-Sectoral Ministerial Committee to monitor its implementation

Implementation decrees are being finalized Addressing Reproductive & Maternal Health Needs of Indigenous Peoples in Congo Challenges ahead Implementation decrees are being finalized No new specific mechanism to enforce it Weak judicial system Mindshift in Bantu and Indigenous peoples Full Indigenous ownership, incl. through strong Indigenous leadership Elected and judiciary officials ownership National budget allocations

Advancing Laws on Indigenous Peoples Issues: The case of Congo Ingredients for success Strong indigenous leadership to steer implementation Inter-sectoral Ministerial ownership Enhanced social and community mobilization UN continued advocacy, technical and financial support International political environment (HRC, UNFII)

Advancing Laws on Indigenous Peoples Issues: The case of Congo Conclusion: If implemented, can save indigenous peoples from extinction Can serve as a model for other countries Requires full political and financial support from UNFII and IASG UNFII close and regular monitoring