A/HRC/18/35/Add.5
gather lifestyles and becoming integrated into the dominant social, economic and cultural
patterns. Used in this sense, emancipation appeared to strongly suggest assimilation and
loss of robust distinct indigenous identity.
63.
The Special Rapporteur notes that the Indigenous Rights Law explicitly prohibits
forced assimilation of indigenous peoples (art. 14), as do contemporary international
standards. Hence, any initiative to address the situation of indigenous peoples must not
have as its goal, in principle or practice, assimilation in the sense of incorporation into the
broader society with significant loss of identity. The Special Rapporteur emphasizes that
the efforts to overcome discrimination and improve the conditions of indigenous peoples
must promote the overarching right of indigenous peoples to self-determination, which
means advancing for indigenous peoples every opportunity to participate as full members
of society, as well as the ability to maintain the integrity of their distinctive cultures and
develop according to their own priorities.
V.
Conclusions and recommendations
64.
The Special Rapporteur commends the Government of the Republic of the
Congo for its commitment to reverse the disadvantaged conditions of indigenous
peoples - those groups that have been known as Pygmies – and to advance their rights.
This commitment is reflected in a number of initiatives, especially the National Action
Plan and the new Law on the Promotion and protection of the rights of indigenous
peoples.
65.
The following conclusions and recommendations are aimed at strengthening,
and meeting the significant challenge of implementing, the initiatives being taken to
advance the rights of indigenous peoples in Congo, within the framework of
international standards. The recommendations are directed primarily to the
Government, but are also addressed in some respects to other actors, including the
United Nations system and indigenous peoples themselves.
Combating discrimination
66.
The Special Rapporteur perceives the social inequities faced by the indigenous
people in Congo be rooted in historical patterns of social, economic, cultural and
political discrimination. These patterns continue, thereby impeding indigenous
peoples’ effective control over all aspects of their lives, limiting their ability to enjoy
basic human rights, and contributing to undermining their cultural identities.
67.
The Special Rapporteur observes that the master-slave relationships that
persist in present day Congo (paras. 16-19) reflect the structural inequities that result
from deeply engrained discriminatory attitudes about indigenous peoples. These
attitudes appear to have been internalized by both indigenous and non-indigenous
segments of society to a significant extent, leading to acquiescence to these destructive
power dynamics between the stronger and weaker elements of society.
68.
The Special Rapporteur acknowledges the important steps taken in both the
Indigenous Rights Law and the National Action Plan to redress the situation of
discrimination. Still, given the profound systemic and entrenched discrimination
against indigenous peoples, the Special Rapporteur emphasizes the need for broad
societal engagement in order to erase discriminatory attitudes and foster a sense of
understanding and respect among all Congolese citizens. The Special Rapporteur
considers that overcoming this challenge will require a coordinated and concerted
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