A/HRC/45/34/Add.1
projects such as the World Bank-led Lisungi project,21 which aims to provide safety nets
through, among other things, income-generating activities among the poorest segments of
the population, including indigenous peoples.
D.
Rights to representation, participation and self-determination
1.
Representation
64.
The previous Special Rapporteur had urged the creation of more opportunities for
indigenous peoples to participate in decision-making processes at all levels. Civil society
organizations had since reported that their proposal for a draft decree to increase indigenous
representation in public institutions had not been upheld by the Government. The
Government reported the presence of two indigenous women in the Women’s Advisory
Council, one woman and one man in the National Human Rights Commission and 12
youths in the Youth Council.
65.
The draft national action plan for 2020–2023 contemplates activities to increase the
participation of indigenous peoples in public life and electoral processes through training
and awareness-raising but makes no mention of how to increase the number of indigenous
peoples on electoral lists or among candidates for election to official positions. It is
regrettable that, to date, no indigenous person has ever been elected to fill any of the 151
seats in the National Assembly.
66.
The low level of official education common in indigenous communities contributes
to making it difficult for indigenous peoples to make their voices heard at every level of
society. Even at the local level, indigenous peoples feel that their views and issues are
accorded little if any weight. Statistics on the number of indigenous peoples elected to carry
out municipal functions are not available.
2.
Self-administration
67.
The previous Special Rapporteur, following his 2010 visit, recommended granting
greater recognition of and strengthening indigenous peoples’ own decision-making
institutions and authority.
68.
The Government reported that adoption of a draft decree for the administrative
recognition of indigenous villages had been delayed to allow for further reflection on how
to accommodate the nomadic practices of inhabitants in or around certain villages and to
clarify details regarding the right to self-determination of indigenous peoples living with
Bantus in certain mixed-population villages. These considerations should not, however,
delay the recognition of indigenous peoples living in hamlets who no longer lead a seminomadic lifestyle. The adoption of the draft decree should help indigenous communities to
take control of their own affairs and pave the way to granting land titles for indigenous
villagers.
3.
Free, prior and informed consent
69.
Decree No. 2019-201 of 12 July 2019, prescribing the process for consultation and
participation of indigenous peoples in decisions regarding social and economic
development programmes, provides some foundation for respecting indigenous peoples’
right to free, prior and informed consent. Civil society organizations regret, however, that
the Decree limits consultations to only three months and does not provide more concrete
guidance on how to obtain free, prior and informed consent in a way that respects
indigenous peoples’ rights.
70.
In accordance with the Decree, a consultative commission established by the
Minister for Justice, Human Rights and the Promotion of Indigenous Peoples will lead
consultations, which, as mentioned above, should not exceed three months. Membership in
the commission will be composed of representatives of four ministries, one local
administration official, one local elected official, one person representing the proponent of
21
See www.worldbank.org/en/news/loans-credits/2019/02/07/congo-republic-of-lisungi-safety-netssystem-project-ii.
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