A/HRC/18/35/Add.5 III. Major initiatives to advance the rights of indigenous peoples 39. The conditions described above stand in stark contrast to the guarantees of equality,22 civil and political rights,23 fair labour conditions,24 access to education25 and health services26 for all citizens that are enshrined in the Constitution and laws of the Republic of the Congo. Additionally, the Republic of the Congo is a party to a number of United Nations human rights treaties as well as to the African Charter on Human and Peoples Rights. However, these broadly applicable guarantees under domestic and international laws have not been adequately implemented, especially in respect of indigenous peoples, and they have quite clearly not proven sufficient to address the particular vulnerabilities of indigenous peoples or protect their specific rights. In what can be seen as acknowledgment of the need to focus special attention on indigenous issues, in 2007 the Republic of the Congo voted in favour of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples. A. Indigenous Rights Law 40. In line with its endorsement of the Declaration on the Rights of Indigenous Peoples, the Republic of the Congo has put in place a series of initiatives, the primary one being its new Law No. 5-2011 on the Promotion and protection of the rights of indigenous peoples (“Indigenous Rights Law”). The Indigenous Rights Law was passed by both the Senate and the National Assembly in December 2010, and promulgated by the President on 25 February 2011. The Special Rapporteur looks forward to the adoption of the necessary implementing decree (décret d’application) as soon as possible. 41. This law, the development of which commenced in 2006, advances a wide range of protections for the rights of indigenous peoples, which, to a large extent, are consistent with those contained in the United Nations Declaration. By all accounts, the law was developed in a participatory manner, including consultations with indigenous peoples themselves, Congolese and international NGOs, United Nations agencies and relevant Congolese public institutions. It is the first of its kind on the African continent, and it constitutes an important 22 23 24 25 26 12 The Constitution prohibits discrimination based on racial or ethnic lines (art. 8), criminalizes incitement to ethnic hatred (art. 11), and places on individuals the duty to promote mutual tolerance (art. 44). The Charter of National Unity of the Republic of the Congo stipulates that institutional arrangements must be made to fight against the hegemony of one ethnic community over another (art. 4(5)), and that the State must assure the protection and defence of ethnic minorities (art. 4(6)). Through the doctrine of jus sanguinis, all indigenous Congolese are citizens of Congo, and thus equal before the law (art. 8). All citizens have the right to file a legal complaint before the appropriate organ of the State (art. 40), and the Electoral Law guarantees the right of all Congolese to participate in elections or to stand for office.   The Labor Code (Law No. 45 of 15 March 1975) forbids, in an “absolute manner,” forced or obligatory work (art. 4), recognizes the principle of equal salary for equal work (art. 80), and guarantees the regular payment of salary (art. 88) in legal currency (art. 87). It imposes both a fine and imprisonment for violations of the equal salary provision (art. 255.2).   The Constitution and the Charter of Rights and Liberties of the Republic of the Congo guarantee the right to education for all Congolese children (art. 23). Law No. 4-2010 of 14 June 2010 on Protection of the child identifies indigenous children as vulnerable, and notes that they have the right to education and social integration (art. 44).  The Constitution protects the right to health of every citizen, including vulnerable persons. The Charter of Rights and Liberties calls on the State “to create the proper conditions to ensure every citizen access to medical services and medical help in case of illness” (art. 32(d)). Similarly, Law No. 009-88 of 23 May 1998 prohibits discrimination in the provision of health services (art. 5).