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Request to address an Urgent Appeal
to the State regarding the systematic, pervasive and widespread violations
of the rights of indigenous peoples in DRC that have given rise to
a threat of immediate and irreparable harm
30 October 2006
Submitted by:
Centre d'Accompagnement des Autochtones Pygmées
et Minoritaires Vulnérables (CAMV)
Association Pour le Regroupement et l'Autopromotion des Pygmées
(ARAP)
Collectif pour les Peuples Autochtones au Kivu (CPAKI/RDC)
Action Pour la Promotion des Droits des Minorités Autochtones
en Afrique Centrale (APDMAC)
Solidarité pour les Initiatives des Peuples Autochtones (SIPA)
Union Pour l'Emancipation de la Femme Autochtones (UEFA)
Forest Peoples Programme (FPP)
- This communication to the Special Rapporteur highlights the widespread,
persistent and systematic violations of the rights of indigenous
peoples in the Democratic Republic of Congo, and requests that the
Special Rapporteur address an Urgent Appeal to the State in relation to these violations which have given rise to a threat
of immediate and irreparable harm. The accompanying NGO report and
annexes provide detailed information in support of this request.
- In brief, the situation in DRC has deteriorated to the point
that the physical and cultural integrity and survival of indigenous
peoples is threatened. Despite DRC’s long-standing ratification
of a number of international human rights treaties prohibiting racial
discrimination, indigenous peoples living there continue to experience
discrimination which transcends that suffered by other groups (see
Sections II and III of the NGO report). As a result, indigenous
peoples’ overall situation is considerably worse than the national
population in DRC: they experience disproportionately inferior living
conditions and limited access to services such as health and education.
The poverty and social exclusion they experience create a vicious
circle, each reinforcing the other, thereby perpetuating their indigence
and marginalisation.
- Discrimination against indigenous peoples in DRC is particularly
marked concerning their land and resource rights. These and other
rights are neither enumerated nor guaranteed in domestic law, domestic
remedies are unavailable in the case of violations, and generally
applicable legal guarantees do not provide adequate and effective
protection for indigenous peoples. This disregard for indigenous peoples’
rights is typified in the recently operationalized 2002 Forest Code, its implementing laws and the
large number of forestry concessions that have been issued pursuant
thereto, many of which are causing or threaten to cause irreparable
harm to indigenous peoples (see Section IV of the NGO report).
- Indigenous peoples’ rights to own, control, use and peacefully
enjoy their lands, territories and resources, or be consulted about
and give their free, prior and informed consent to decisions that
may affect them, are neither recognized nor guaranteed in Congolese
law. Furthermore, these rights are frequently violated in practice,
particularly in connection with the 2002 Forest Code, recent implementing
regulations and ensuing forestry exploitation operations.
- At least one hundred and three logging concessions are presently
in operation in DRC, affecting numerous indigenous peoples and their
communities, and plans are being implemented to increase the area
available for logging to double its present size (roughly the size
of France). National parks – established on the traditional lands
and territories of indigenous peoples without their consultation
or prior informed consent – have caused the forced displacement
of large numbers of indigenous peoples, the majority of whom are
now landless and destitute, and their survival as distinct peoples
is threatened.
- Concessions for logging are routinely granted on and around indigenous
territories without notifying, consulting with or seeking the consent
of the affected indigenous peoples and without regard for their
human rights. The 2002 Forest Code and its implementing laws have
been elaborated and adopted without the consultation or consent
of indigenous peoples. The same is also the case with the establishment
and management of national parks.
- The failure to recognize and guarantee indigenous peoples’ rights
in DRC has lead to gross violations of indigenous peoples’ human
rights, undermining their means of subsistence and severely compromising
their physical, cultural and economic integrity. This is confirmed
by independent experts and expert bodies, including the African
Commission on Human and Peoples’ Rights and the UN Special Rapporteur
on the situation of human rights in DRC (see Section III and Annex
1 of the NGO report). For example, the African Commission has noted
that “[i]ndigenous peoples suffer from particular human rights violations
– to the extent that some groups are on the verge of extinction.” These experts have confirmed that
international oversight and intervention are urgently required to
avoid further irreparable harm to indigenous peoples’ rights, dignity
and integrity. In brief, the situation has become desperate.
- Following submission of a formal request for an Urgent Action
/ Early Warning procedure to the CERD, the Chairman has communicated
a list of questions to the State and brought forward its examination
of the DRC State Report to its March 2007 session. CERD has drawn
the States’ attention a list of questions to be examined during
this meeting, including (but not limited to): what measures the
State has take to demarcate indigenous peoples’ land and territories;
and what measures are taken to ensure indigenous peoples are informed
about and consent to activities on their lands, including natural
resource exploitation.
- As territorial and other rights are not recognized and protected
by Congolese law, indigenous peoples are without adequate and effective
remedies to assert and defend their rights in domestic procedures
leaving them no choice but to seek international oversight, intervention
and protection.
- International attention is urgently needed as violations of indigenous
peoples’ rights in DRC are widespread, systematic and substantial
and the nature and impact of the violations is immediate, ongoing
and, in some cases, irreversible. DRC is internationally responsible
for these violations by virtue of its acts and omissions. The rights
presently violated with impunity in DRC are fundamental to the physical
and cultural survival of indigenous peoples. Without urgent international
attention, the lands, territories and resources of indigenous people
in DRC will continue to be irreversibly degraded, depriving the
affected peoples of the source of their physical, cultural, economic
and spiritual sustenance.
- This communication respectfully requests that the Special Rapporteur:
- address an Urgent Appeal to the State in relation to the ongoing
systematic, pervasive and widespread violations of the rights
of indigenous peoples in DRC which have given rise to a threat
of immediate and irreparable harm;
- commence a dialogue with the State to ensure that the rights
of indigenous peoples to own their lands, territories and resources
traditionally owned or otherwise occupied and used are recognized
and respected and that their rights to participate in and consent
to activities that may affect them are recognized and respected;
- formulate recommendations and proposals to the State on appropriate
measures and activities to prevent and remedy violations of the
human rights and fundamental freedoms of indigenous people in
DRC;
- communicates with the World Bank and other United Nations agencies
to ensure that indigenous peoples’ rights are fully accounted
for and respected in the design and implementation of technical
and project assistance in the natural resource management sector
in DRC;
- share his communications with other human rights mechanisms
with a view to further collaboration, including the UN CERD, Independent
Expert on the situation of human rights in the Democratic Republic
of Congo, and the African Commission on Human and Peoples’ Rights.
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