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COMMITTEE ON ELMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORT OF CONGO
19 February 2009
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Committee on the Elimination
of Racial Discrimination
19 February 2009
The Committee on the Elimination of Racial Discrimination has considered the combined initial to ninth periodic report of Congo on how that country implements the provisions of the Convention on the Elimination of Racial Discrimination.
Luc-Joseph Okio, Permanent Representative of Congo to the United Nations Office at Geneva, presenting the report, said Congo had always believed that self-evaluation was insufficient without the evaluation of State policy by Expert mechanisms whose advice could allow considerable advance within States. Congo would continue to work for the protection and promotion of human rights, indispensable rights to install a democratic and peaceful society in which equality among all was guaranteed. The fight against all forms of discrimination, in particular racial discrimination and apartheid in South Africa, had engaged Congo since its independence. The vulnerable populations of Congo benefited from the full attention of the Government, despite the lack of available funds. Congo hoped that the submission of the report as well as the responses of the delegation would lead to a fruitful dialogue between Congo and the Committee.
Kokou Mawuena Ika Kana Ewomsan, the Committee Expert acting as Rapporteur for the report of Congo, in preliminary concluding remarks, said that he had listened with great interest to the dialogue and to the answers provided by the delegation to the questions posed by the Committee. He thanked the delegation for the constructive and active dialogue, which greatly helped the Committee in assessing the situation in Congolese society, and the need for measures to restore a democratic society. The importance of the new draft law on the protection and promotion of indigenous people’s human rights was stressed. The sincerity, frankness, and self-criticisms with which the delegation tackled issues in the country had been welcomed. He said that the determination to build a democratic society on the basis of the elimination of racial discrimination was manifest. A number of problems had been raised by the Committee, but it was important to note that they were aimed to help the Government of the Congo to do better. One of the best ways was by being regular with the submission if its reports.
Among the questions and issues raised by Committee Experts were what was the precise status of refugees; what was the Government prepared to do to diminish disparities in the provision of services between rural and urban areas, and what was the Government doing to help safeguard the indigenous populations in this context; what was the content of legislation against sexual violence, what were the sanctions, what help was provided to victims, and was it expected to improve; the need for an assurance from the delegation that the Government would examine the issue of unpaid and compulsory labour to which the Pygmy people were subjected; and what were the difficulties facing the Human Rights Commission and whether its membership was in line with the Paris Principles on national human rights institutions.
During the meeting, Committee Expert Patrick Thornberry also presented his report on his attendance at the Forum on Minorities, where there had been one major item on the agenda - draft recommendations on the question of education and minorities. This draft was still in the process of finalisation and should be presented by the Independent Expert Gaye McDougal to the Human Rights Council at its next meeting. The draft should also be circulated to the treaty bodies for consideration and possibly eventual inclusion as a General Recommendation, but it was up to the Committee to consider this issue and take action. Committee Experts then made brief comments on the report and on the opportunities for the Committee to take action on this topic.
Also among the Congolese delegation were representatives of the General Directorate of Human Rights and Fundamental Freedoms, the Permanent Mission of Congo to the United Nations Office at Geneva, and the Ministry of Justice.
The next meeting of the Committee will be at 3 p.m. this afternoon, when it is scheduled to take up the combined fifteenth to twentieth periodic report of Pakistan (CERD/C/PAK/20).
Report of Congo
The combined initial to ninth periodic report of Congo (CERD/C/COG/9) notes that the population is made up chiefly of Bantu and to a lesser degree by indigenous people, generally referred to as Pygmies. The total population is estimated to number 3,110,000, 51 per cent being female and 49 per cent male. No census of the nomadic indigenous people has ever been made so that it is difficult to estimate what percentage of the total population they represent. A programme was launched recently to undertake such a census. The Republic of the Congo hosts a large number of refugees, mostly from Rwanda, the Democratic Republic of the Congo, Angola, Sierra Leone and Liberia. The Government includes a Ministry of Justice and Human Rights and a Ministry for the Advancement of Women and the Integration of Women in Development. The Ministry of Health, Social Affairs and the Family also plays an important role in the implementation of national human rights policy. There are also non-jurisdictional institutions, such as the National Human Rights Commission, which help to ensure the protection and promotion of human rights in the Republic of the Congo.
Domestic legislation establishes a significant number of mechanisms for the elimination of all practices that tend to perpetuate discrimination. The adjective “Congolese” encompasses all nationals and excludes foreigners. There are, however, certain laws that protect expatriates, asylum-seekers and refugees. The bill on the promotion and protection of the rights of the indigenous peoples guarantees full equality between the indigenous peoples and the Bantu. The gravity of the situation of the indigenous peoples tends to vary from one department to another. The most glaring cases of differential treatment for the two communities occur mainly in the north of the country. Today the Government is taking steps to convince the Bantu to consider the indigenous peoples like any other Congolese citizens. Efforts have likewise been directed at changing the attitudes of indigenous peoples, who, as a result of cultural barriers, consider themselves to be inferior to the Bantu. The celebration each year of the international day of solidarity with indigenous peoples in areas with large indigenous communities is part of this policy.
The Republic of the Congo strictly prohibits self-identification or the identification of others according to race or ethnicity. In accordance with its international obligations as a United Nations Member State, Congo prohibits by law any dissemination of ideas based on ethnic hatred and any incitement to discrimination against any group of persons of another ethnic origin. Everyone is guaranteed equality of access to the courts in Congo. However, it is clear that indigenous peoples find it difficult to apply to the courts despite the abuses and other wrongful acts to which they are exposed. This is the case for the majority of Bantu people. The situation stems from a lack of awareness about court procedures rather than discriminatory exclusion from the judicial process. A significant number of Congolese have yet to comprehend either the role or the importance of courts. This is a national tendency. It reflects the Congolese citizens’ attachment to the practice of resolving disputes on the basis of customary or ancestral rules. Efforts are under way to raise the entire Congolese population’s awareness of the need to apply to the courts to settle disputes and contentious matters. The indigenous peoples are therefore not intentionally excluded from the judicial process in the Republic of the Congo.
Presentation of Report
LUC-JOSEPH OKIO, Permanent Representative of Congo to the United Nations Office at Geneva, presenting the report, said the report gave a view on the current situation of judicial norms and initiatives taken by the Government with the aim of guaranteeing equality between all citizens, and promoting the principle of non-discrimination in all areas of economic and social life in Congo. Congo had always believed that self-evaluation was insufficient without the evaluation of State policy by Expert mechanisms whose advice could allow considerable advance within States. Congo would continue to work for the protection and promotion of human rights, indispensable rights to install a democratic and peaceful society in which equality among all was guaranteed. The fight against all forms of discrimination, in particular racial discrimination and apartheid in South Africa, had engaged Congo since its independence.
At the national level, all different Constitutions to date forbade "all discrimination based on origin, social or material situation, racial appurtenance, ethnicity, gender, education, language, religion, philosophy, or place of abode". These Constitutions had reinforced the law which banished in all civil acts any mention of ethnicity and religion, and which forbade indelible tattooing, scarification, and teeth filing undertaken with the purpose of identifying a person's appurtenance to a specific ethnicity. The State guaranteed to all the population in the ten administrative regions the same conditions of existence and development. The setting up of health, cultural and social structures, primary, secondary and tertiary educational bodies and the creation of economic and sports facilities was carried out based only on the financial capacity of the Government. There was a programme to speed up urbanisation in order to create true infrastructures for social, economic and cultural development.
However, there remained a part of the population that was made up of Pygmies or indigenous peoples who had their own culture. As did all other particular ethnic groups, they enjoyed the full attention of the Government, and there were certain customs from some cultures which did not always favour equal relationships, but the Government did not tolerate these, and favoured the mixing of populations and the full enjoyment of their rights. The vulnerable populations of Congo benefited from the full attention of the Government, despite the lack of available funds. Congo hoped that the submission of the report as well as the responses of the delegation would lead to a fruitful dialogue between Congo and the Committee.
VALENTIN MAVOUNGOU, Director General of Human Rights and Fundamental Freedoms of Congo, responding to the written questions, said on whether there was a definition in domestic law on racial discrimination, strictly speaking, this had not been defined by Congolese positive law. There was no definition because in Congolese culture the term racial discrimination did not exist, as everybody was considered to be Congolese. People were not identified by their physical appearance. Everybody was Congolese, although there were different ethnic groups, and there were for example the Bantus, and the indigenous peoples. All discrimination based on origin, social or material situation, racial appurtenance, ethnicity, gender, education, language, religion, philosophy, or place of abode were forbidden. Women had the same rights as men, and the law guaranteed that they were represented and elected to all representative and elective posts.
The draft law on the protection and promotion of the rights of the indigenous peoples of Congo was still in the course of being adopted. As regarded substance, much progress had been made, and it should go to the Council of Ministers soon. The problem of indigenous peoples was a major problem, and the Government had taken the issue to heart. It was one of the few countries of Africa which celebrated the Day of Solidarity with Indigenous Peoples. Political parties were set up freely and functioned according to the policies set by their leaders - none were banned, and they worked as per their own models. Congo was one of the few countries that welcomed refugees without asking them a lot of questions. Central Africa was a region where there were many conflicts, during which populations naturally emigrated, and many took refuge in Congo, where they could live quietly, without being bothered, until they were recalled by their home States.
Questions by Experts
KOKOU MAWUENA IKA KANA EWOMSAN, Committee Expert serving as Rapporteur for the report of Congo, said the fact that the delegation was present allowed the Committee to dialogue with it. The ninth report contained within one document the initial report, which should have been submitted in 1989, and the periodic reports which should have been submitted subsequently. On several occasions, the Committee had invited the Government to meet its Convention obligations, and had examined the situation in the absence of a report and based on information received. A suggestion had been made to Congo to use technical information received, and to formulate the report according to guidelines, as well as to use proposed technical assistance. The report was outspoken and self-critical on the situation in the country and the extent of racial discrimination against ethnic and indigenous peoples.
How was the Government going to get rid of North-South opposition, Mr. Ewomsan asked. The National Body for the Protection of Human Rights was enshrined in the Constitution - what was its role, and how did it respect the Paris Principles, he inquired, also asking for further statistical data on the indigenous peoples, including the nomadic ones. The basic document said there were nine groups, with fifteen tribes - according to the Working Group on African population and others, the Pygmy populations were given different names according to their region. Was this a self-denomination, or was it rather an epithet, he asked, inquiring whether the Government intended to carry out a new census with improved statistical data which would ally for better evaluation or estimation of the economy. What was the precise status of refugees, Mr. Ewomsam asked, inquiring whether they had access to jobs, and whether there were some who applied for nationality. Further, what was being done with regards to health services, in particular for the more vulnerable segments of the population. What was the Government prepared to do to diminish disparities in the provision of services between rural and urban areas, and what was the Government doing to help safeguard the indigenous populations in his context.
Were there sanctions for racial discrimination, he asked, as the non-criminalisation of this was in itself a prejudice. Pygmies still suffered from slavery, and entire families could be inherited, subjected to corporal punishment and other violations. There was also a problem in getting identity cards for indigenous peoples. Indigenous women suffered in particular - indigenous authorities were not recognised, and indigenous groups were often given a chief that they did not themselves choose. Further, their property rights were often ignored. What was the position of the authorities in this regard, he asked.
Among other questions and issues raised by the Committee Experts were what was the content of legislation against sexual violence, what were the sanctions, what help was provided to victims, and when was it expected to improve; the need for an assurance from the delegation that the Government would examine the issue of unpaid and compulsory labour to which the Pygmy people were subjected; why, when it was easy for Pygmies to receive voting cards, it was difficult for them to obtain ID cards; the importance of the protection of forest ecological systems, not just for the indigenous but the people as a whole; the need to eliminate traditional attitudes in which Pygmies were viewed as inferior by both themselves and the Bantu; the need to increase political representation of the indigenous, as this was almost nil; what were the difficulties facing the Human Rights Commission and whether its membership was in line with the Paris Principles on human rights institutions; that the Government could consider adopting a proper national law on asylum and refugees; and whether the Government planned to make the declaration under article 14 of the Convention on individual communications.
Response by Delegation
Responding to the questions and issues raised by the Committee, Mr. Okio said that there were various names for the Pygmies in the different areas. The term "Pygmy" was used as a generic term and had been borrowed from the French. There was customary justice in Congo, and it was recognised, but there was no specific branch of customary law that was applicable to the Pygmies. They were also nomads, and the measures taken by the Government to aim at them was made more difficult by this. On statistics, the report did not give enough information about this category, as these statistics did not exist - the Government did not master this population, nor did it have the means to carry out the studies. With regards to why the Pygmies did not have identification cards, many people in Congo did not have these. At a time of legislative elections, members of political parties wanted to mobilise their voters, and would make an effort to get them voting cards, paying for this purpose. ID cards were not really necessary in villages, but were so sometimes in towns. Many Bantu also lacked ID cards, and the Government was making efforts to allow all people to obtain these. Pygmy children had the lowest schooling rate, mainly due to their mobility. Pygmies had the same rights as all other citizens - they could cultivate the land and sell its produce. There were however problems with the Bantu, and these were real problems, but there were efforts to remedy them.
The delegation expressed its appreciation for the questions raised by Committee Experts. The questions would be answered in groups. The first round of questions had been categorized as general questions, which included the numerous questions raised by Committee Experts on the identity card system in Congo. The delegation said that it contained the most essential information first, last name, family background, address and date and place of birth. This card was open to all who had reached the age of majority. It was a biometric card which was issued for 2,500 Congolese Francs.
On the falling birth rates of the indigenous people of Congo, the delegation said that there had not been any study conducted as of yet on the topic, and therefore they could not provide the Committee with specific answers to that question.
Questions were also raised on access to adequate drinking water for indigenous people. The delegation said that it was a major problem in urban centres. The indigenous population had access to drinking water in their immediate environment. This was not an issue that was specific to indigenous people.
On the consequences for the Government of Congo as a result of the crisis in the region of the Great Lakes, the delegation began with the first civil war in 1997, which was the prolongation of what started in Rwanda and spread to the Democratic Republic of the Congo, and as a result infected the Congo as well. In addressing the refugees who came from the Democratic Republic of the Congo, the Government of Congo was faced with space and resource limitations, which was one of the main causes of the conflicts that arose later on in the country.
Since the end of the war in 1997, the Government of Congo with the support of its bilateral partners had ensured that peace was a reality in the country, which relied on internal dialogue with various stakeholders. Most of the stakeholders were divided by political and religious factions and this resulted in a loss of life, resources and the chance to address major issues, said the delegation. Some headway since then had been achieved, however, much remained to be done. The institutions had been running smoothly and the country was gearing up for the presidential elections in July of 2009.
The role of the National Human Rights Commission was like any other institution and was covered in the Constitution of the Congo, said the delegation. The Commission was a follow up body for the promotion and protection of human rights, and the law determined the objectives and functions of the Commission. Furthermore, the Commission was fully entrenched in the Congolese legal order, including the Economic and Social Council, the High Council on Communication, the Ombudsman, the Constitutional Court, and the High Court. Committee Experts asked why the Inaugural Session of the National Human Rights Commission had not been held and the delegation said that this was the case because when the body was set up all the necessary provisions related to the appointment of members had not been taken. Unfortunately this was due to slow administrative procedures in certain bodies that were responsible for appointing representatives to the Commission in the first place.
With regard to funding, the Commission’s funding was guaranteed and for example this year a total of 600 million Congolese Francs was allocated. This funding was far greater than a number of other countries in the region, noted the delegation. The Commission was an independent body. The relationship between the Commission and the Office of the Ombudsman was that the Office of the Ombudsman was responsible for simplifying the administrative process between the Government and the public. Further, the Ombudsman and the Commission played complimentary roles. In Congo any citizen was able to file a complaint against the State, said the delegation.
On the issue of racial discrimination, the delegation said that the Government of Congo sought to be a pioneer on measures and practices to ensure rights and protections for indigenous populations. The Government had recognized that the indigenous population in the country was among the most marginalized groups in the country and did not have proper representation at all levels of the Government. A number of bodies had been consulted with in order to address this issue, which included among others, the Office of the High Commissioner for Human Rights. It was the hope of the Government to enact adequate legislation in the future to address this gap, providing a legal framework enabling the indigenous populations to express themselves. In doing so, the legislation would aim to conserve the indigenous people’s traditions and culture.
With regard to the new draft law on the promotion and protection of human rights for indigenous people, the delegation said that the draft law had been transmitted to the Council of Ministers which was in the final stage before its formal adoption.
The law on naturalisation in Congo was based on the law on naturalization in France, said the delegation. When refugees respected the law of Congo they were permitted to stay in the country, and in fact a number of refugees had been granted naturalisation.
Pigmy awareness raising campaigns had been launched in Congo, said the delegation. The main obstacle for the Pigmy populations in obtaining identity cards was solely left to the interest of the Pigmy populations to obtain one. It was stressed that there were no administrative or legal obstacles for the Pigmy populations to obtain identity cards. In addition at the national level in partnership with UNICEF, a programme was launched to distribute and issue birth certificates to indigenous populations across rural areas of the country; members of those populations could apply for identity cards.
Oral Questions Raised by Committee Experts
Committee Experts said with regard to the efforts of the Government which helped the indigenous populations become sedentary, to what extent did the characteristics of being a nomad or semi-nomadic affect those efforts? Regarding the relevance of the Pigmy populations, in the context of anthropology, an Expert asked if these people were seen as a relic of the past or a present reality in Congo. He said this group represented a sociological group, that were actually nomadic people, therefore it was difficult to identify them in geographical terms. This group had contributed significantly to the civilization and advancement of Africa, and furthermore he asked what was the Government doing to ensure that these people were identified as such, and were they seen as a relevant part of society or just a relic of the past?
Experts were concerned about the fragility of the current status of peace, and tensions in local populations; the composition of the population; the indigenous populations in particular the Pigmy population, who were stated in the report as representing 1.4 per cent of the population, but was not specific enough; the ratification of International Labour Organization Convention 169, the exploitation of the forests; and when the National Commission of Human Rights would actually begin its work.
Response by the Delegation to Oral Questions
With regard to the nomadic populations, the delegation said that the nomadic phenomenon remained geographical. Each group spoke different languages, and therefore due to communication challenges members remained in their regions. Schools were built based on present resources, in some cases schools were 10 kilometres away from one another. The Government of the Congo encouraged these groups to move closer to regions with such facilities. At present the country did not have the resources to meet the specific needs of those groups. As a result the Government wanted to eliminate the cultural barriers between those groups, by encouraging them to move closer together, which was perhaps not the best strategy, but was currently the direction the Government was taking until better strategies were developed. In terms of parliamentary representation, additional measures could be considered. Integration policies aimed to ensure that citizens would work side by side, but did not aim to assimilate them and wipe out their identities.
The impact of refugees was an issue that many countries faced, but was not the reason for political tension in a country, said the delegation. There was a clear cut Constitution establishing the rules of conduct and it was hoped that those rules would be respected by the politicians in the country. In Congo it was the day to day friction between different groups of people and their approaches to conflict resolution that resulted in the political crisis faced by the country in the past. In those times the Government tended to step in and resolve the political tension in the country.
The National Commission for Human Rights was involved in a number of activities across the country, however, the extent of the Commission’s activities was currently not as effective as had been initially envisaged, said the delegation.
International Labour Organization Convention 169 had not been ratified as of yet. However, the new draft law on the promotion and protection of indigenous peoples did include some of the provisions found in Convention 169, said the delegation. Furthermore, the State, among other things, was responsible for the implementation and consultation between itself and the indigenous populations on educational curricula. As such the Government was aware of their location, and worked closely with them. In addition, the Government was involved in consultations with non-governmental organizations on matters involving indigenous peoples. It was far from perfect, but progress was being made.
Committee Experts raised questions on the exploitation of forests and if consultation with indigenous populations had been conducted. The delegation reiterated that consultations were held with civil society and other relevant stakeholders.
Preliminary Concluding Observations
KOKOU MAWUENA IKA KANA (DIEUDONNÉ) EWOMSAN, Committee Expert acting as Rapporteur for the report of Congo, in preliminary concluding remarks, said that he had listened with great interest to the dialogue and to the answers provided by the delegation to the questions posed by the Committee. He thanked the delegation for the constructive and active dialogue, which greatly helped the Committee in assessing the situation in Congolese society, and the need for measures to restore a democratic society. The importance of the new draft law on the protection and promotion of indigenous people’s human rights was stressed. The sincerity, frankness, and self criticisms with which the delegation tackled issues in the country had been welcomed. He said that the determination to build a democratic society on the basis of the elimination of racial discrimination was manifest. A number of problems had been raised by the Committee, but it was important to note that they were aimed to help the Government of the Congo to do better. One of the best ways was by being regular with the submission if its reports. Further, he congratulated the country’s efforts to have the new draft law adopted, which was the first example of its kind, and if adopted would be an example for others to follow. The final conclusions on the country reports would follow once adopted by the Committee at a later date.
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For use of the information media; not an official record
of Racial Discrimination
19 February 2009
The Committee on the Elimination of Racial Discrimination has considered the combined initial to ninth periodic report of Congo on how that country implements the provisions of the Convention on the Elimination of Racial Discrimination.
Luc-Joseph Okio, Permanent Representative of Congo to the United Nations Office at Geneva, presenting the report, said Congo had always believed that self-evaluation was insufficient without the evaluation of State policy by Expert mechanisms whose advice could allow considerable advance within States. Congo would continue to work for the protection and promotion of human rights, indispensable rights to install a democratic and peaceful society in which equality among all was guaranteed. The fight against all forms of discrimination, in particular racial discrimination and apartheid in South Africa, had engaged Congo since its independence. The vulnerable populations of Congo benefited from the full attention of the Government, despite the lack of available funds. Congo hoped that the submission of the report as well as the responses of the delegation would lead to a fruitful dialogue between Congo and the Committee.
Kokou Mawuena Ika Kana Ewomsan, the Committee Expert acting as Rapporteur for the report of Congo, in preliminary concluding remarks, said that he had listened with great interest to the dialogue and to the answers provided by the delegation to the questions posed by the Committee. He thanked the delegation for the constructive and active dialogue, which greatly helped the Committee in assessing the situation in Congolese society, and the need for measures to restore a democratic society. The importance of the new draft law on the protection and promotion of indigenous people’s human rights was stressed. The sincerity, frankness, and self-criticisms with which the delegation tackled issues in the country had been welcomed. He said that the determination to build a democratic society on the basis of the elimination of racial discrimination was manifest. A number of problems had been raised by the Committee, but it was important to note that they were aimed to help the Government of the Congo to do better. One of the best ways was by being regular with the submission if its reports.
Among the questions and issues raised by Committee Experts were what was the precise status of refugees; what was the Government prepared to do to diminish disparities in the provision of services between rural and urban areas, and what was the Government doing to help safeguard the indigenous populations in this context; what was the content of legislation against sexual violence, what were the sanctions, what help was provided to victims, and was it expected to improve; the need for an assurance from the delegation that the Government would examine the issue of unpaid and compulsory labour to which the Pygmy people were subjected; and what were the difficulties facing the Human Rights Commission and whether its membership was in line with the Paris Principles on national human rights institutions.
During the meeting, Committee Expert Patrick Thornberry also presented his report on his attendance at the Forum on Minorities, where there had been one major item on the agenda - draft recommendations on the question of education and minorities. This draft was still in the process of finalisation and should be presented by the Independent Expert Gaye McDougal to the Human Rights Council at its next meeting. The draft should also be circulated to the treaty bodies for consideration and possibly eventual inclusion as a General Recommendation, but it was up to the Committee to consider this issue and take action. Committee Experts then made brief comments on the report and on the opportunities for the Committee to take action on this topic.
Also among the Congolese delegation were representatives of the General Directorate of Human Rights and Fundamental Freedoms, the Permanent Mission of Congo to the United Nations Office at Geneva, and the Ministry of Justice.
The next meeting of the Committee will be at 3 p.m. this afternoon, when it is scheduled to take up the combined fifteenth to twentieth periodic report of Pakistan (CERD/C/PAK/20).
Report of Congo
The combined initial to ninth periodic report of Congo (CERD/C/COG/9) notes that the population is made up chiefly of Bantu and to a lesser degree by indigenous people, generally referred to as Pygmies. The total population is estimated to number 3,110,000, 51 per cent being female and 49 per cent male. No census of the nomadic indigenous people has ever been made so that it is difficult to estimate what percentage of the total population they represent. A programme was launched recently to undertake such a census. The Republic of the Congo hosts a large number of refugees, mostly from Rwanda, the Democratic Republic of the Congo, Angola, Sierra Leone and Liberia. The Government includes a Ministry of Justice and Human Rights and a Ministry for the Advancement of Women and the Integration of Women in Development. The Ministry of Health, Social Affairs and the Family also plays an important role in the implementation of national human rights policy. There are also non-jurisdictional institutions, such as the National Human Rights Commission, which help to ensure the protection and promotion of human rights in the Republic of the Congo.
Domestic legislation establishes a significant number of mechanisms for the elimination of all practices that tend to perpetuate discrimination. The adjective “Congolese” encompasses all nationals and excludes foreigners. There are, however, certain laws that protect expatriates, asylum-seekers and refugees. The bill on the promotion and protection of the rights of the indigenous peoples guarantees full equality between the indigenous peoples and the Bantu. The gravity of the situation of the indigenous peoples tends to vary from one department to another. The most glaring cases of differential treatment for the two communities occur mainly in the north of the country. Today the Government is taking steps to convince the Bantu to consider the indigenous peoples like any other Congolese citizens. Efforts have likewise been directed at changing the attitudes of indigenous peoples, who, as a result of cultural barriers, consider themselves to be inferior to the Bantu. The celebration each year of the international day of solidarity with indigenous peoples in areas with large indigenous communities is part of this policy.
The Republic of the Congo strictly prohibits self-identification or the identification of others according to race or ethnicity. In accordance with its international obligations as a United Nations Member State, Congo prohibits by law any dissemination of ideas based on ethnic hatred and any incitement to discrimination against any group of persons of another ethnic origin. Everyone is guaranteed equality of access to the courts in Congo. However, it is clear that indigenous peoples find it difficult to apply to the courts despite the abuses and other wrongful acts to which they are exposed. This is the case for the majority of Bantu people. The situation stems from a lack of awareness about court procedures rather than discriminatory exclusion from the judicial process. A significant number of Congolese have yet to comprehend either the role or the importance of courts. This is a national tendency. It reflects the Congolese citizens’ attachment to the practice of resolving disputes on the basis of customary or ancestral rules. Efforts are under way to raise the entire Congolese population’s awareness of the need to apply to the courts to settle disputes and contentious matters. The indigenous peoples are therefore not intentionally excluded from the judicial process in the Republic of the Congo.
Presentation of Report
LUC-JOSEPH OKIO, Permanent Representative of Congo to the United Nations Office at Geneva, presenting the report, said the report gave a view on the current situation of judicial norms and initiatives taken by the Government with the aim of guaranteeing equality between all citizens, and promoting the principle of non-discrimination in all areas of economic and social life in Congo. Congo had always believed that self-evaluation was insufficient without the evaluation of State policy by Expert mechanisms whose advice could allow considerable advance within States. Congo would continue to work for the protection and promotion of human rights, indispensable rights to install a democratic and peaceful society in which equality among all was guaranteed. The fight against all forms of discrimination, in particular racial discrimination and apartheid in South Africa, had engaged Congo since its independence.
At the national level, all different Constitutions to date forbade "all discrimination based on origin, social or material situation, racial appurtenance, ethnicity, gender, education, language, religion, philosophy, or place of abode". These Constitutions had reinforced the law which banished in all civil acts any mention of ethnicity and religion, and which forbade indelible tattooing, scarification, and teeth filing undertaken with the purpose of identifying a person's appurtenance to a specific ethnicity. The State guaranteed to all the population in the ten administrative regions the same conditions of existence and development. The setting up of health, cultural and social structures, primary, secondary and tertiary educational bodies and the creation of economic and sports facilities was carried out based only on the financial capacity of the Government. There was a programme to speed up urbanisation in order to create true infrastructures for social, economic and cultural development.
However, there remained a part of the population that was made up of Pygmies or indigenous peoples who had their own culture. As did all other particular ethnic groups, they enjoyed the full attention of the Government, and there were certain customs from some cultures which did not always favour equal relationships, but the Government did not tolerate these, and favoured the mixing of populations and the full enjoyment of their rights. The vulnerable populations of Congo benefited from the full attention of the Government, despite the lack of available funds. Congo hoped that the submission of the report as well as the responses of the delegation would lead to a fruitful dialogue between Congo and the Committee.
VALENTIN MAVOUNGOU, Director General of Human Rights and Fundamental Freedoms of Congo, responding to the written questions, said on whether there was a definition in domestic law on racial discrimination, strictly speaking, this had not been defined by Congolese positive law. There was no definition because in Congolese culture the term racial discrimination did not exist, as everybody was considered to be Congolese. People were not identified by their physical appearance. Everybody was Congolese, although there were different ethnic groups, and there were for example the Bantus, and the indigenous peoples. All discrimination based on origin, social or material situation, racial appurtenance, ethnicity, gender, education, language, religion, philosophy, or place of abode were forbidden. Women had the same rights as men, and the law guaranteed that they were represented and elected to all representative and elective posts.
The draft law on the protection and promotion of the rights of the indigenous peoples of Congo was still in the course of being adopted. As regarded substance, much progress had been made, and it should go to the Council of Ministers soon. The problem of indigenous peoples was a major problem, and the Government had taken the issue to heart. It was one of the few countries of Africa which celebrated the Day of Solidarity with Indigenous Peoples. Political parties were set up freely and functioned according to the policies set by their leaders - none were banned, and they worked as per their own models. Congo was one of the few countries that welcomed refugees without asking them a lot of questions. Central Africa was a region where there were many conflicts, during which populations naturally emigrated, and many took refuge in Congo, where they could live quietly, without being bothered, until they were recalled by their home States.
Questions by Experts
KOKOU MAWUENA IKA KANA EWOMSAN, Committee Expert serving as Rapporteur for the report of Congo, said the fact that the delegation was present allowed the Committee to dialogue with it. The ninth report contained within one document the initial report, which should have been submitted in 1989, and the periodic reports which should have been submitted subsequently. On several occasions, the Committee had invited the Government to meet its Convention obligations, and had examined the situation in the absence of a report and based on information received. A suggestion had been made to Congo to use technical information received, and to formulate the report according to guidelines, as well as to use proposed technical assistance. The report was outspoken and self-critical on the situation in the country and the extent of racial discrimination against ethnic and indigenous peoples.
How was the Government going to get rid of North-South opposition, Mr. Ewomsan asked. The National Body for the Protection of Human Rights was enshrined in the Constitution - what was its role, and how did it respect the Paris Principles, he inquired, also asking for further statistical data on the indigenous peoples, including the nomadic ones. The basic document said there were nine groups, with fifteen tribes - according to the Working Group on African population and others, the Pygmy populations were given different names according to their region. Was this a self-denomination, or was it rather an epithet, he asked, inquiring whether the Government intended to carry out a new census with improved statistical data which would ally for better evaluation or estimation of the economy. What was the precise status of refugees, Mr. Ewomsam asked, inquiring whether they had access to jobs, and whether there were some who applied for nationality. Further, what was being done with regards to health services, in particular for the more vulnerable segments of the population. What was the Government prepared to do to diminish disparities in the provision of services between rural and urban areas, and what was the Government doing to help safeguard the indigenous populations in his context.
Were there sanctions for racial discrimination, he asked, as the non-criminalisation of this was in itself a prejudice. Pygmies still suffered from slavery, and entire families could be inherited, subjected to corporal punishment and other violations. There was also a problem in getting identity cards for indigenous peoples. Indigenous women suffered in particular - indigenous authorities were not recognised, and indigenous groups were often given a chief that they did not themselves choose. Further, their property rights were often ignored. What was the position of the authorities in this regard, he asked.
Among other questions and issues raised by the Committee Experts were what was the content of legislation against sexual violence, what were the sanctions, what help was provided to victims, and when was it expected to improve; the need for an assurance from the delegation that the Government would examine the issue of unpaid and compulsory labour to which the Pygmy people were subjected; why, when it was easy for Pygmies to receive voting cards, it was difficult for them to obtain ID cards; the importance of the protection of forest ecological systems, not just for the indigenous but the people as a whole; the need to eliminate traditional attitudes in which Pygmies were viewed as inferior by both themselves and the Bantu; the need to increase political representation of the indigenous, as this was almost nil; what were the difficulties facing the Human Rights Commission and whether its membership was in line with the Paris Principles on human rights institutions; that the Government could consider adopting a proper national law on asylum and refugees; and whether the Government planned to make the declaration under article 14 of the Convention on individual communications.
Response by Delegation
Responding to the questions and issues raised by the Committee, Mr. Okio said that there were various names for the Pygmies in the different areas. The term "Pygmy" was used as a generic term and had been borrowed from the French. There was customary justice in Congo, and it was recognised, but there was no specific branch of customary law that was applicable to the Pygmies. They were also nomads, and the measures taken by the Government to aim at them was made more difficult by this. On statistics, the report did not give enough information about this category, as these statistics did not exist - the Government did not master this population, nor did it have the means to carry out the studies. With regards to why the Pygmies did not have identification cards, many people in Congo did not have these. At a time of legislative elections, members of political parties wanted to mobilise their voters, and would make an effort to get them voting cards, paying for this purpose. ID cards were not really necessary in villages, but were so sometimes in towns. Many Bantu also lacked ID cards, and the Government was making efforts to allow all people to obtain these. Pygmy children had the lowest schooling rate, mainly due to their mobility. Pygmies had the same rights as all other citizens - they could cultivate the land and sell its produce. There were however problems with the Bantu, and these were real problems, but there were efforts to remedy them.
The delegation expressed its appreciation for the questions raised by Committee Experts. The questions would be answered in groups. The first round of questions had been categorized as general questions, which included the numerous questions raised by Committee Experts on the identity card system in Congo. The delegation said that it contained the most essential information first, last name, family background, address and date and place of birth. This card was open to all who had reached the age of majority. It was a biometric card which was issued for 2,500 Congolese Francs.
On the falling birth rates of the indigenous people of Congo, the delegation said that there had not been any study conducted as of yet on the topic, and therefore they could not provide the Committee with specific answers to that question.
Questions were also raised on access to adequate drinking water for indigenous people. The delegation said that it was a major problem in urban centres. The indigenous population had access to drinking water in their immediate environment. This was not an issue that was specific to indigenous people.
On the consequences for the Government of Congo as a result of the crisis in the region of the Great Lakes, the delegation began with the first civil war in 1997, which was the prolongation of what started in Rwanda and spread to the Democratic Republic of the Congo, and as a result infected the Congo as well. In addressing the refugees who came from the Democratic Republic of the Congo, the Government of Congo was faced with space and resource limitations, which was one of the main causes of the conflicts that arose later on in the country.
Since the end of the war in 1997, the Government of Congo with the support of its bilateral partners had ensured that peace was a reality in the country, which relied on internal dialogue with various stakeholders. Most of the stakeholders were divided by political and religious factions and this resulted in a loss of life, resources and the chance to address major issues, said the delegation. Some headway since then had been achieved, however, much remained to be done. The institutions had been running smoothly and the country was gearing up for the presidential elections in July of 2009.
The role of the National Human Rights Commission was like any other institution and was covered in the Constitution of the Congo, said the delegation. The Commission was a follow up body for the promotion and protection of human rights, and the law determined the objectives and functions of the Commission. Furthermore, the Commission was fully entrenched in the Congolese legal order, including the Economic and Social Council, the High Council on Communication, the Ombudsman, the Constitutional Court, and the High Court. Committee Experts asked why the Inaugural Session of the National Human Rights Commission had not been held and the delegation said that this was the case because when the body was set up all the necessary provisions related to the appointment of members had not been taken. Unfortunately this was due to slow administrative procedures in certain bodies that were responsible for appointing representatives to the Commission in the first place.
With regard to funding, the Commission’s funding was guaranteed and for example this year a total of 600 million Congolese Francs was allocated. This funding was far greater than a number of other countries in the region, noted the delegation. The Commission was an independent body. The relationship between the Commission and the Office of the Ombudsman was that the Office of the Ombudsman was responsible for simplifying the administrative process between the Government and the public. Further, the Ombudsman and the Commission played complimentary roles. In Congo any citizen was able to file a complaint against the State, said the delegation.
On the issue of racial discrimination, the delegation said that the Government of Congo sought to be a pioneer on measures and practices to ensure rights and protections for indigenous populations. The Government had recognized that the indigenous population in the country was among the most marginalized groups in the country and did not have proper representation at all levels of the Government. A number of bodies had been consulted with in order to address this issue, which included among others, the Office of the High Commissioner for Human Rights. It was the hope of the Government to enact adequate legislation in the future to address this gap, providing a legal framework enabling the indigenous populations to express themselves. In doing so, the legislation would aim to conserve the indigenous people’s traditions and culture.
With regard to the new draft law on the promotion and protection of human rights for indigenous people, the delegation said that the draft law had been transmitted to the Council of Ministers which was in the final stage before its formal adoption.
The law on naturalisation in Congo was based on the law on naturalization in France, said the delegation. When refugees respected the law of Congo they were permitted to stay in the country, and in fact a number of refugees had been granted naturalisation.
Pigmy awareness raising campaigns had been launched in Congo, said the delegation. The main obstacle for the Pigmy populations in obtaining identity cards was solely left to the interest of the Pigmy populations to obtain one. It was stressed that there were no administrative or legal obstacles for the Pigmy populations to obtain identity cards. In addition at the national level in partnership with UNICEF, a programme was launched to distribute and issue birth certificates to indigenous populations across rural areas of the country; members of those populations could apply for identity cards.
Oral Questions Raised by Committee Experts
Committee Experts said with regard to the efforts of the Government which helped the indigenous populations become sedentary, to what extent did the characteristics of being a nomad or semi-nomadic affect those efforts? Regarding the relevance of the Pigmy populations, in the context of anthropology, an Expert asked if these people were seen as a relic of the past or a present reality in Congo. He said this group represented a sociological group, that were actually nomadic people, therefore it was difficult to identify them in geographical terms. This group had contributed significantly to the civilization and advancement of Africa, and furthermore he asked what was the Government doing to ensure that these people were identified as such, and were they seen as a relevant part of society or just a relic of the past?
Experts were concerned about the fragility of the current status of peace, and tensions in local populations; the composition of the population; the indigenous populations in particular the Pigmy population, who were stated in the report as representing 1.4 per cent of the population, but was not specific enough; the ratification of International Labour Organization Convention 169, the exploitation of the forests; and when the National Commission of Human Rights would actually begin its work.
Response by the Delegation to Oral Questions
With regard to the nomadic populations, the delegation said that the nomadic phenomenon remained geographical. Each group spoke different languages, and therefore due to communication challenges members remained in their regions. Schools were built based on present resources, in some cases schools were 10 kilometres away from one another. The Government of the Congo encouraged these groups to move closer to regions with such facilities. At present the country did not have the resources to meet the specific needs of those groups. As a result the Government wanted to eliminate the cultural barriers between those groups, by encouraging them to move closer together, which was perhaps not the best strategy, but was currently the direction the Government was taking until better strategies were developed. In terms of parliamentary representation, additional measures could be considered. Integration policies aimed to ensure that citizens would work side by side, but did not aim to assimilate them and wipe out their identities.
The impact of refugees was an issue that many countries faced, but was not the reason for political tension in a country, said the delegation. There was a clear cut Constitution establishing the rules of conduct and it was hoped that those rules would be respected by the politicians in the country. In Congo it was the day to day friction between different groups of people and their approaches to conflict resolution that resulted in the political crisis faced by the country in the past. In those times the Government tended to step in and resolve the political tension in the country.
The National Commission for Human Rights was involved in a number of activities across the country, however, the extent of the Commission’s activities was currently not as effective as had been initially envisaged, said the delegation.
International Labour Organization Convention 169 had not been ratified as of yet. However, the new draft law on the promotion and protection of indigenous peoples did include some of the provisions found in Convention 169, said the delegation. Furthermore, the State, among other things, was responsible for the implementation and consultation between itself and the indigenous populations on educational curricula. As such the Government was aware of their location, and worked closely with them. In addition, the Government was involved in consultations with non-governmental organizations on matters involving indigenous peoples. It was far from perfect, but progress was being made.
Committee Experts raised questions on the exploitation of forests and if consultation with indigenous populations had been conducted. The delegation reiterated that consultations were held with civil society and other relevant stakeholders.
Preliminary Concluding Observations
KOKOU MAWUENA IKA KANA (DIEUDONNÉ) EWOMSAN, Committee Expert acting as Rapporteur for the report of Congo, in preliminary concluding remarks, said that he had listened with great interest to the dialogue and to the answers provided by the delegation to the questions posed by the Committee. He thanked the delegation for the constructive and active dialogue, which greatly helped the Committee in assessing the situation in Congolese society, and the need for measures to restore a democratic society. The importance of the new draft law on the protection and promotion of indigenous people’s human rights was stressed. The sincerity, frankness, and self criticisms with which the delegation tackled issues in the country had been welcomed. He said that the determination to build a democratic society on the basis of the elimination of racial discrimination was manifest. A number of problems had been raised by the Committee, but it was important to note that they were aimed to help the Government of the Congo to do better. One of the best ways was by being regular with the submission if its reports. Further, he congratulated the country’s efforts to have the new draft law adopted, which was the first example of its kind, and if adopted would be an example for others to follow. The final conclusions on the country reports would follow once adopted by the Committee at a later date.
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