Annual UN Inter-Agency Support Group on Indigenous Peoples Issues, New York, 21-23 November 2011

1. 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

2. Advancing Laws on Indigenous Peoples Issues: The case of Congo Congo Socio-demographic data Congolese population: 3,7 million (2007 census) BaakaIndigenous population: 43,500 (51,5% women) 2% total population Down frompreviousestimatesat 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. AdvancingLaws on Indigenous Peoples Issues: The case of Congo How was the lawprepared? Inclusive and participatoryprocess (developmentpartners, parliamentarians, NGOs, indigenous peoples) A National Network of Indigenous Peoples (RENAPAC) (2009) …building on existing National Strategy to ProtectIndigenous Peoples Rights (2009-2013)… State Justice and HumanRightsMinister-led… …withMinisterial 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. 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