1. Advancing Laws on Indigenous Peoples Issues: The case of Congo
Annual UN Inter-Agency Support Group on Indigenous Peoples Issues, New York, 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

2. 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%

3. 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

4. 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

5. 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 ( )…
State Justice and Human Rights Minister-led…
…with Ministerial inter-sectoral support

6. 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…

7. 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

8. 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

9. 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)

10. 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