A/HRC/45/34/Add.1
She notes, however, that government representatives were rarely in a position to provide
comparative data regarding indigenous peoples for their area of responsibility.
24.
The Special Rapporteur stresses that without information on the situation of specific
groups of the population with regards to achieving goals, including the Sustainable
Development Goals, inequality and indirect discrimination are bound to continue unabated
and indigenous peoples will remain invisible in the overall statistics for the achievement of
the Goals. The Special Rapporteur encourages the Government to strengthen its efforts to
collect reliable comparative data on education, health, employment, access to justice, public
participation and other indicators, to support the design and implementation of policies that
seek to meet actual needs or remedy disparities.
D.
National Human Rights Commission
25.
The National Human Rights Commission began its mandate in January 2019 and, at
the time of the visit, was establishing its rules of procedure and defining the scope of its
activities. 11 The Commission did not have any departmental representation and its staff
lacked resources to travel outside Brazzaville. The President of the Commission informed
the Rapporteur that, as of October 2019, no complaint had been filed by indigenous peoples
and that the Commission was not yet in a position to undertake activities to promote Law
No. 5-2011 nor to design a strategy to promote the implementation of the recommendations
arising from the Special Rapporteur’s 2010 visit.
III. Indigenous peoples’ rights: progress made and challenges
remaining
A.
Countering discrimination and indigenous identity
1.
Countering discrimination
26.
According to the Government, discrimination against indigenous peoples is
declining: it may not have been conceivable 10 years ago for indigenous peoples and Bantu
populations to be living in the same neighbourhood. Equality and non-discrimination
against indigenous peoples is now inscribed in Law No. 5-2011 (arts. 2 and 27), which also
forbids the use of the derogatory term “pygmy” (art. 1). The Special Rapporteur
acknowledges this progress but observes that indigenous peoples continue to be subjugated
and marginalized in Congolese society and that their distinct identities and basic human
rights are threatened in ways not experienced by the Bantu majority.
27.
The previous Special Rapporteur recommended carrying out a comprehensive
national campaign to combat discriminatory attitudes and foster understanding between
indigenous and Bantu populations. He proposed that the campaign use a broad educational
and media strategy promoting the culture and identity of indigenous peoples as a dynamic,
contemporary element of Congolese society.
28.
The Special Rapporteur welcomes the annual celebration of the International Day of
Indigenous Peoples on 9 August but regrets the lack of a more comprehensive, participative,
long-term and nationwide initiative to change attitudes towards the indigenous peoples of
the Congo.
29.
On 9 August 2019, a high-level national caravan travelled from Brazzaville to
Pokola and distributed 200 school kits to indigenous children, raised local authorities’
awareness of the newly adopted decrees and distributed a symbolic example of birth
certificates. Unfortunately, these efforts had an extremely limited reach, with no sustainable
effect: they represented an isolated event of a mainly humanitarian character and failed to
promote a comprehensive human rights-based approach. The national caravan, which was
organized with the support of RENAPAC and other civil society organizations, did not
11
Law No. 30-2018 of 7 August 2018.
7