AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS
WORKING GROUP OF EXPERTS ON INDIGENOUS
POPULATIONS/COMMUNITIES
REPORT of a RESEARCH and INFORMATION MISSION
to the Republic of Congo
From 05 to 19 SeptemberA 2005
By
Zephirin Kalimba (Member of the Working Group) and
Dr. Albert K. Barume (Member of the Working Group’s network of expert consultants
1
TABLE OF CONTENTS
EXECUTIVE SUMMARY
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I. SOCIO-POLITICAL CONTEXT IN THE REPUBLIC OF CONGO
6
II. EXISTING LEGAL FRAMEWORK AND INTERNATIONAL
COMMITMENTS OF THE REBUPLIC OF CONGO
6
III. DIFFERENT MEETINGS HELD
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
MEETING WITH ADHUC
PARTICIPATION IN A NATIONAL WORKSHOP INVOLVING REPRESENTATIVES OF ALL INDIGENOUS ‘PYGMY’ COMMUNITIES IN THE CONGO
MEETING WITH THE OCDH
MEETING WITH THE UNITED NATIONS POPULATION FUND
MEETING WITH THE HUMAN RIGHTS DEPARTMENT/MINISTRY OF JUSTICE
MEETING WITH THE MINISTRY OF PRIMARY, SECONDARY AND
PROFESSIONAL EDUCATION-PROJECT OF SUPPORT TO BASIC EDUCATION
(PRAEBASE)
MEETING WITH THE DELEGATION OF THE EUROPEAN COMMISSION
MEETING WITH UNICEF/REPUBLIC OF CONGO
MEETING WITH INTERNATIONAL PARTNERSHIP FOR HUMAN
DEVELOPMENT (IPHD)
MEETING WITH THE PRESIDENTIAL OFFICE
MEETING WITH THE UNDP
MEETING WITH THE RESIDENT REPRESENTATIVE OF THE WORLD BANK
MEETING WITH THE CENTRE FOR HUMAN RIGHTS AND DEVELOPMENT
MEETING WITH THE PRESIDENCY OF PARLIAMENT
VISIT TO AN INDIGENOUS PYGMY COMMUNITY
MEETING WITH THE NATIONAL PRESS: PRESS CONFERENCE
DEPOSITING COPIES OF THE REPORT WITH THE LIBRARY OF MARIEN
NGOUABI UNIVERSITY
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7
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9
9
10
11
11
12
13
14
14
15
15
16
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IV. OVERVIEW OF THE SITUATION OF THE RIGHTS OF THE
INDIGENOUS ‘PYGMY’ PEOPLES IN THE REPUBLIC OF CONGO 17
A.
B.
C.
D.
E.
F.
THE PRACTICE OF “PYGMIES’ MASTERS”, A PRACTICE TANTAMOUNT TO
SLAVERY
RIGHT TO CITIZENSHIP, TO EQUAL ENJOYMENT OF RIGHTS AND TO
PARTICPATE IN THE RUNNING OF THE COUNTRY
SEXUAL VIOLENCE AGAINST INDIGENOUS WOMEN
RIGHT TO EDUCATION
FORCED LABOUR AND DISCRIMINATION IN THE EMPLOYMENT WORLD
LAND PROBLEMS FACING INDIGENOUS PEOPLES IN THE
REPUBLIC OF CONGO
V. CONCLUSION AND RECOMMENDATIONS
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18
19
19
20
20
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EXECUTIVE SUMMARY
The African Commission’s Working Group on Indigenous Populations/Communities
conducted a research and information mission to the Republic of Congo from 5 to 19
September 2005. The mission comprised Mr. Zephyrin Kalimba, a member of the
Working Group, accompanied by Dr. Albert K. Barume, a member of the Working
Group’s network of expert consultants.
The
Mission
met
with
representatives from various
State
and
inter-State
institutions
and
nongovernmental
organisations,
including
particularly
the
Presidential Office, Parliament,
various ministries, the World
Bank, the European Union, the
UNDP, UNICEF, the NGO
Association des Droits de
l’Homme et l'Univers Carcéral
(Association for Human Rights
and the Prison System ADHUC) and the Observatoire
Congolais des Droits de
l’Homme (Congolese Human
Rights Watchdog - OCDH).
The aim of the mission was to:
-
-
Inform the Congolese government, regional and local authorities, national human
rights organisations, media, civil society organisations and associations,
development agencies and other interested players of the report and efforts of
the African Commission on Human and Peoples’ Rights with regard to indigenous
peoples;
Collect all information relating to the human rights situation of indigenous
peoples in the Republic of Congo with a view to providing an in-depth report to
the African Commission on Human and Peoples’ Rights;
Distribute the African Commission’s report on indigenous peoples to targeted
individuals and institutions.
The Republic of Congo covers an area of 342,000 km2, and is inhabited by around 3
million people, including indigenous ‘Pygmies’ known by various names (‘Babenga’,
‘Babongo’, ‘Bambendzele’, ‘Baka’, ‘Baluma’ and ‘Bangombe’), depending on the region of
the country. These communities make up the indigenous ‘Pygmy’ people, who are
recognised as being the oldest inhabitants of all Africa’s tropical forests.
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Since gaining independence from France in 1960, the Republic of Congo has
experienced a number of periods of political unrest. The last was in 1997 with the arrival
to power of the country’s current President. In economic terms, the country relies
essentially on its natural resources: oil, followed – increasingly - by logging operations.
The Republic of Congo is a state Party to various international conventions and treaties
affecting indigenous peoples. These are, primarily, the International Covenant on Civil
and Political Rights, the International Covenant on Economic, Social and Cultural Rights,
the International Convention on the Elimination of all Forms of Racial Discrimination, the
Convention on the Rights of the Child, the Convention on Biological Diversity and the
African Charter on Human and Peoples’ Rights. All these international human rights
instruments guarantee special protection measures for indigenous peoples.
Throughout history, even during colonial times, the ‘Pygmies’ of the Republic of Congo
have been marked by negative stereotypes, going so far as to consider them subhuman. The Mission was able to observe the level of exclusion and marginalisation the
indigenous ‘Pygmies’ suffer from in the Republic of Congo. A high level of illiteracy,
despite efforts historically made in this area by the Republic of Congo, a lack of legal
protection of their ancestral lands, the impact of logging, the practice of servitude or
« Pygmies’ masters » that many still endure, the violence and sexual abuse suffered by
female Pygmies, without the slightest concern from the public authorities, lack of access
to basic primary health care, and a lack of enjoyment of citizenship rights on a par with
the rest of the population. These are the dominant and striking features of the state of
human rights that the mission noted within the ‘Pygmy’ communities of the Republic of
Congo.
In terms of the problems faced by ‘Pygmies’ in the Republic of Congo, some of the
people the Mission talked to felt that this indigenous population excludes itself from
modern life and resists all trends and efforts to be drawn into the dominant way of life.
The Mission took this opportunity to explain that one could not accuse Africa under the
colonial yoke of excluding itself from the settlers’ way of life and so the same argument
must apply to the indigenous ‘Pygmies’, whose marginalisation is certainly not due to
their behaviour or attitude. One opinion put forward largely by development agencies
and civil society suggested that a policy of positive discrimination should be
implemented in this regard.
Although the Constitution and existing laws of the Republic of Congo are not in line with
the country’s international commitments, in terms particularly of the indigenous Peul, it
is important to note that the indigenous cause is now showing positive and completely
unexpected signs and possibilities in this country. In fact, a draft bill on the indigenous
‘Pygmy’ people is currently under discussion within the Ministry of Justice, some logging
companies are in the process of implementing exclusively indigenous programmes and
the land issue creates less problems in this country because of the very low population
density of around four inhabitants per square kilometre.
Whilst aware of the pejorative and negative connotation attached to the term ‘Pygmy’,
this report nonetheless uses it throughout for lack of a better. The report comprises four
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sections preceded by an executive summary and followed by a conclusion and
recommendations. These sections are: socio-political context, existing legal framework,
important thematic issues and a summary of the different meetings.
The Mission makes the following recommendations:
A. To the Governm ent of the R epublic of Congo
1. Urgently bring the draft bill on ‘Pygmies’ to a successful conclusion,
bearing in mind the deep concerns of the communities in question
2. Put national sectoral policies in place that will enable the ‘Pygmies’ to
enjoy all rights and fundamental freedoms on a par with other Congolese
citizens
3. Take urgent measures to put an end to the practice of “Pygmies’
masters” and punish all those who take part in it;
B. To the African Com m ission for Hum an and P eoples’ R ights
1. Conduct country by country monitoring of the commitments and/or
indigenous policies adopted by development agencies, bilateral and
multilateral partners
2. Organise a regional conference on experiences of educating ‘Pygmy’
children in Central Africa, with a view to exchanging experiences, gaining
inspiration and, for some, refocusing strategies;
3. Support the creation of an indigenous civil society in this country with a
view to establishing capable and legitimate spokespersons with whom the
government can dialogue;
4. Visit the Republic of Congo with a view to supporting the draft bill that is
underway and raising the awareness of the government with regard to
the different aspects of indigenous law that this bill should incorporate;
5. Write to the European Union, the World Bank, the different bilateral
partners and COMIFAC (Forestry Commission in Central Africa) with a
view to including the issue of indigenous peoples in the different
processes related to forestry management in the Congo basin, such as
AFLEC, the Convergence Plan, etc.
6. Commence intersessional meetings involving the development agencies
and players working on behalf of indigenous peoples in Africa.
7. Put in place a mechanism for monitoring the recommendations of the
Working Group’s report through different players, both state and nonstate.
C. To Congolese civil society
1. Strengthen the existing indigenous associations
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I.
SOCIO-POLITICAL CONTEXT IN THE REPUBLIC OF CONGO
The Republic of Congo gained its independence in 1960. It covers an area of 342,000
km2 divided administratively into 9 regions, namely, Cuvette, Cuvette Ouest, Kouilou,
Lekoumou, Likouala, Niari, Plateaux, Pool and Sangha, plus the town of Brazzaville. With
a population of approximately 3 million, half of whom live in the capital, Brazzaville and
the town of Pointe Noire, this country has one of the lowest population densities in
Africa, with an average of around 3 inhabitants per km2. It is bordered by Angola,
Cameroon, the Central African Republic, the Democratic Republic of Congo and Gabon.
In political terms, the Republic of Congo is in the process of emerging from a political
crisis that took place in 1997, at the end of which the current president took power.
Presidential elections took place in March 2002, followed by legislative elections in July
of the same year. Some regions of the country are not yet entirely peaceful and the
political climate is not completely free of tensions.
On a sociological level, the Republic of Congo is a multiethnic country, with numerous
ethnic groups (Kongo, Sangha, M'Bochi and Teke) sharing French as their official
language and Lingala and Kikongo as their national languages. The ‘Pygmies’ form one
of the other components of the country’s population, most of them living in the
provinces of Sangha, Likouala, Cuvette, Lékoumou and Niari. Their number is more or
less unknown but they are certainly in the majority in some parts of the country. A
female member of Parliament is recognised as having an essentially Pygmy electorate.
II. EXISTING LEGAL FRAMEWORK AND INTERNATIONAL COMMITMENTS OF
THE REPUBLIC OF CONGO
The Constitution of the Republic of Congo contains no provisions offering any protection
to indigenous peoples. Nonetheless, the supreme law of the country provides against all
forms of discrimination, including that based on race or ethnic group. The Minister of
Justice has just instigated a draft bill of law on the ‘Pygmies’, to be submitted to
Parliament for adoption. This draft text is currently in the hands of civil society for
comments and consultation with the indigenous communities in question. The British
NGO, the Rainforest Foundation, is supporting this consultation process financially,
which is being conducted by local NGOs, including indigenous ‘Pygmy’ groups and
associations.
The Republic of Congo is party to a number of international conventions and treaties
protecting different aspects of indigenous rights. These are, primarily, the International
Covenant on Civil and Political Rights (ratified by the Congo on 05/10/83), the
International Covenant on Economic, Social and Cultural Rights (ratified by the Congo
on 05/01/84), the Convention on the Elimination of all Forms of Racial Discrimination
(ratified by the Congo on 10/08/88), the Convention on the Elimination of all Forms of
Discrimination against Women (ratified by the Congo on 25/08/82), the Convention on
the Rights of the Child (ratified by the Congo on 13/11/93), the Convention on Biological
Diversity (ratified by the Congo on 01/08/1996) and the African Charter on Human and
Peoples’ Rights (ratified by the Congo on 09/12/82).
The transposal of these international instruments into the Republic of Congo’s internal
law following their ratification is recognised by the 2002 Constitution, article 184 of
which states that, « Treaties and Agreements, duly ratified or approved, have – from
the moment of their publication – higher authority than that of the law, subject - for
each agreement or treaty - to their application by the other party. »
III. DIFFERENT MEETINGS HELD
1. M eeting w ith ADHUC
ADHUC (the Association for Human Rights and the Prison System/Association des Droits
de l’Homme et l’Univers Carcéral) is a non-governmental human rights organisation
based in Brazzaville. It is active throughout virtually the whole country. Among other
activities, ADHUC works with indigenous ‘Pygmy’ peoples through a programme
previously financed by the US Embassy in Brazzaville. Its work relates to finding out
about the general living conditions of indigenous ‘Pygmies’ and helping some of them to
become involved in advocacy work around their cause. This NGO intends to commence
work on identifying and pinpointing the geographical location of the different indigenous
‘Pygmy’ communities in the Republic of Congo.
Copies of the Report of the African Commission’s Working Group of Experts on
indigenous populations/communities were presented to ADHUC. This NGO, already
active within the African Commission for Human and Peoples’ Rights, received the report
very positively. In their opinion it comes at a crucial time, given the efforts underway in
the country on the issue of the indigenous ‘Pygmy’ people.
Not only did ADHUC make its Secretariat available to the Mission but it also facilitated,
and accompanied the Mission to, several meetings and activities.
2. P articipation in a national w orkshop involving representatives of all
indigenous ‘P ygm y’ com m unities in the Congo
The Mission took part in a national workshop involving representatives of all indigenous
‘Pygmy’ communities in the Republic of Congo. This was a meeting to discuss the
Congolese government’s draft bill on indigenous ‘Pygmies’.
Organised by the OCDH (Congolese Human Rights Watchdog/Observatoire Congolais
des Droits de l’Homme), this workshop also involved a number of non-indigenous human
rights NGOs, particularly the Association of Women Jurists of the Republic of Congo and
ADHUC, and representatives from the Ministry of Justice and other State departments
involved in social issues.
The Mission had the opportunity to present the efforts the African Commission on
Human and Peoples’ Rights has been making in relation to indigenous peoples to the
7
participants, particularly the report of the Working Group of Experts and other actions
undertaken by the Commission. Copies of the report were handed out to participants,
who were of the opinion that the report and the African Commission’s efforts were
highly unexpected and came at an historic time for indigenous ‘Pygmy’ rights in the
Republic of Congo.
3. M eeting w ith the OCDH
The Congolese Human Rights Watchdog (OCDH) is an NGO active in the area of forest
peoples’ rights. Since 2004, it has been implementing a specific programme for
indigenous (Pygmy) peoples. This organisation produced a report on the human rights
situation of the indigenous ‘Pygmy’ peoples in 1996 but it is its recent 2004 publication
on the ‘Pygmies’ that seems to have had greater impact and encouraged the Ministry of
Justice to commence discussions on the need for a legal text providing protection for the
indigenous ‘Pygmy’ communities.
The mission met with the Programme Officer and President of the organisation. Given its
observer status with the African Commission on Human and Peoples’ Rights, and the
fact that it participates fairly regularly in this body’s sessions, the OCDH was already
aware of the Report of the Working Group of Experts. After long discussions on the
living conditions of the ‘Pygmies’, the OCDH representatives stated a wish to see the
Working Group of the African Commission on Human and Peoples’ Rights support the
process of formulating a law on indigenous ‘Pygmies’ in the Republic of Congo.
4. M eeting w ith the United Nations P opulation Fund
The Mission met with representatives from the UN Population Fund, hereinafter called
‘the Fund’. Its Brazzaville office also covers Gabon. The Fund’s Resident Representative
and assistant took part in the meeting. After presenting the aim of its visit and
explaining the efforts of the African Commission on Human and Peoples’ Rights in
relation to indigenous rights, the Mission handed over a copy of the Report, which was
accepted enthusiastically. The Resident Representative emphasised that this African
Commission report would enrich the discussions underway between the Fund and the
Ministry for Social Affairs around the possibility of an in-depth study into the situation of
indigenous ‘Pygmy’ peoples in the Republic of Congo.
The United Nations Population Fund seems to be aware of the particularly difficult living
conditions of the indigenous ‘Pygmy’ communities in the Republic of Congo. Reference
was made, for example, to certain illnesses that particularly affect this people, such as
Pion. The Fund is also concerned that the exact demography of the indigenous
population is not known. The only estimates available date from 1984, which put the
number of indigenous ‘Pygmies’ at around 20,000. This figure, estimates the Fund, is far
from the reality, hence the need for a census.
8
The Mission asked the Fund to help disseminate the African Commission’s report and to
use it to put in place a policy or programme aimed at responding to the concerns of the
indigenous ‘Pygmy’ peoples of the Republic of Congo. The Fund, in turn, stated its wish
to see the African Commission, through the Working Group of Experts, establish a
mechanism for monitoring application of the Report’s recommendations.
5. M eeting w ith the Hum an R ights Departm ent / M inistry of Justice
The Mission held a meeting that lasted more than one hour with the Human Rights
Department of the Ministry of Justice, hereinafter called ‘the Department’. The Director
General attended, assisted by three of his staff, including the head of the subdepartment for minorities. The Human Rights Department is a recent creation of the
Ministry of Justice. It acts as specialist body and technical advisor to the Ministry on
human rights issues.
Its representatives received the Report of the African Commission’s Working Group on
indigenous populations/communities very favourably. They felt that it was in tune with
the efforts of their government, particularly the creation of the sub-department for
minorities and the draft bill on protecting ‘Pygmy’ rights, the first version of which had
been submitted to civil society and the relevant communities for comments and
additions. This text is aimed at ensuring equal rights for ‘Pygmies’, on a par with the rest
of the Congolese population.
The Department highlighted, moreover, its policy of special attention for vulnerable
communities. It is in this perspective that it recently intended to celebrate the
International Day of the World’s Indigenous Peoples. It is also planning to organise
information days and sessions around texts on the rights of indigenous peoples,
minorities and vulnerable communities. According to the Director General, a meeting on
human rights in the Great Lakes Region held recently in Nairobi discussed the issue of
indigenous peoples and the need to consider the issue of indigenous rights at regional
level.
The ‘Pygmies’’ lack of access to civil documents (identity cards, birth certificates, etc.),
to land, education, health care and employment were other problems that were all
noted during the meeting. The Mission stated its wish to see all these issues effectively
addressed in the draft bill. To this end, the Mission took the opportunity to explain the
broad outlines of indigenous peoples’ land rights, the unfounded nature of the theory of
the ‘Pygmies’’ self-exclusion, which seems widespread in the Republic of Congo, the
need for an education system that takes the cultural specifics of ‘Pygmies’ into account
without isolating them further, and the measures that needed to be taken to combat the
demeaning practices akin to slavery that some ‘Pygmies’ continue to endure.
6. M eeting w ith the M inistry of P rim ary, Secondary and P rofessional
Education / P roject of Support to Basic Education (P RAEBase)
9
The Mission met the people in charge of the Project of Support to Basic Education
(PRAEBASE) of the Ministry of Primary, Secondary and Professional Education. Funded
by the World Bank, this programme has four components, namely, capacity building,
infrastructure rehabilitation, improving the quality of teaching and educating vulnerable
groups, such as young people not in school and ‘Pygmies’.
The number of ‘Pygmy’ children attending school is well below the national average.
This is the justification for the particular focus placed on them. In Lékoumou
department, for example, out of a total of 18,243 ‘Pygmy’ children, only 472, or 2.9%,
of pygmy children are attending school 1. In other words, the different national education
programmes do not seem to have taken the specific problems confronting ‘Pygmy’
children into account.
The ‘Pygmy’ component of the PRAEBASE project is being implemented in association
with organisations experienced in this area, in particular International Partnership for
Human Development (IPHD) and UNESCO, and will consist of covering the costs of the
children’s different needs with a view to keeping them in school. This project also has a
consultative body made up of various interested parties, including civil society, with a
mandate of regularly reviewing the project’s impact. This body was launched on 9
August last, International Day of the World’s Indigenous Peoples, symbolically chosen
because of the project’s particular focus on indigenous ‘Pygmy’ peoples. The project
could commence activities over a large area of the country.
During the interview, the Mission also highlighted the problem of educating ‘Pygmy’ and
non-Pygmy children alongside each other. The Project, on instructions from the Ministry,
intends to conduct an in-depth study with a view to establishing programmes that not
only provide an emancipating education to ‘Pygmy’ children but that are also culturally
appropriate. Among other factors that may be considered by the study is the language
of instruction, appropriateness of the school timetable and parents’ training.
7. M eeting w ith the Delegation of the European Com m ission
The European Union is one of the region’s major players in terms of human rights and
the environment. It was in this dual role that the Mission met with a representative from
the Delegation of the European Commission in Brazzaville to present him with a copy of
the African Commission’s report on indigenous populations/communities.
The representative we met welcomed the initiative of the African Commission on Human
and Peoples’ Rights with regard to indigenous peoples’ problems which, he said,
« Everyone is aware of but no-one has dared tackle for so long ». The discriminatory
practices suffered by the ‘Pygmies’ of Central Africa in general are undoubted. He was
moreover delighted that the initiative had come from Africa itself rather than from
elsewhere.
1
Source: International Partnership for Human Development (IPHD)
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The EU representative emphasised the existence of a budget line for indigenous peoples
within the European Union. At the level of the Brazzaville Delegation, he mentioned the
programme of support for the rule of law, which could serve as an entry point for
projects from indigenous or non-indigenous associations working in this area.
In relation to the issue of sustainable forest management in Central Africa, which the
European Union is supporting, the representative highlighted the European Union’s
support of the AFLEG and FGEGT (Forest Law Enforcement, Governance and Trade)
processes. All these processes, he emphasised, could be opportunities for greater
advocacy around the rights of the indigenous ‘Pygmy’ peoples who inhabit these African
tropical rainforests.
8. M eeting w ith UNI CEF/ Republic of Congo
The Mission held an almost two-hour long meeting with the Resident Representative of
UNICEF in Brazzaville, assisted by his protection coordinator. After briefly presenting the
aim of the visit, the Mission presented the two representatives with copies of the Report
of the African Commission’s Working Group on indigenous populations/communities.
The Resident Representative told us that UNICEF did not need to be converted to the
cause of the indigenous ‘Pygmy’ populations of the Republic of Congo as it was already
well aware of it. He also favourably received the report. « Caring for the vulnerable is
part of our mandate…..with the government’s assistance we have produced a
documentary film on the country’s ‘Pygmies’, » he said. He continued with a list of the
different activities undertaken by his organisation on behalf of the ‘Pygmies’, particularly
an anti-Pion programme, as this particularly affects the ‘Pygmy’ community in the
northern part of the country. « Through all these initiatives, » emphasised UNICEF’s
representative, « we are a critical government partner to whom, in addition to
comments and suggestions, we also offer our support. »
The Mission particularly emphasised application of the Convention on the Rights of the
Child, the legal basis for positive discrimination measures in favour of the ‘Pygmies’, as
well as UNICEF’s role in ensuring application of the Convention on the Rights of the
Child, and particularly article 30 on indigenous children. The representative promised to
help disseminate the Report and to use it with a view to improving UNICEF’s
programmes for indigenous ‘Pygmy’ peoples.
The Mission also highlighted and shared the experience of UNICEF/Latin America, which
has a regional advisor on indigenous peoples. Among other things, this person is
responsible for ensuring that UNICEF’s activities are in line with the international
obligation to pay particular attention to indigenous children, as provided for in the
Convention on the Rights of the Child.
9. M eeting w ith International P artnership for Hum an Developm ent (IP HD)
11
International Partnership for Human Development (IPHD) is a US NGO that has been
working in the education sector in the Republic of Congo since 2000. It is known for its
work on school cafeterias, otherwise known as ‘food for education’, which consists of
providing food to school pupils in an effort to get them to stay at school for as long as
possible. Operational in a number of the country’s departments or provinces, IPHD is
also active in combating malaria in the school environment.
In relation to ‘Pygmy’ children’s education, IPHD’s motivation comes from observing
their low level of school attendance in relation to a national average of more than 70%.
Its programme has the aim of getting 2,500 ‘Pygmy’ children in Lékoumou department
into school over a three-year period. To do this, the NGO has established school
cafeterias in schools where there are a high number of ‘Pygmy’ children. Although all the
children are fed, only the ‘Pygmy’ children benefit from school stationery, clothes and
primary health care and hygiene. Each school involved has a Parents’ Committee on
which ‘Pygmy’ parents sit. The teams of cooks also include ‘Pygmies’.
Despite resistance to the programme from non-Pygmy communities, to date 1,297
‘Pygmy’ children have already been enrolled in school, including 589 girls. In some
places, the ‘Pygmy’ children now look cleaner, to the point of forming the object of
jealousy and complaints from the other children. The PRAEBASE project of the Ministry
for Primary, Secondary and Professional Education intends to sub-contract some of its
activities to IPHD, which is also facing a funding problem.
The following joint concerns were highlighted during the meeting between the Mission
and IPHD:
-
-
Project sustainability: during its second year, the project experienced problems
with supplies, which led to some of the ‘Pygmy’ children dropping out;
Financial constraints prevent this programme from being extended to other
provinces or departments of the country;
The ‘Master/Servant’ relationship between some ‘Pygmies’ and Bantus has a
negative impact on the programme. For example, although present on school
management committees, ‘Pygmy’ parents rarely express their opinions;
Improvements in the living conditions of ‘Pygmy’ parents would seem to be
essential if they are to be able to take future responsibility for their children.
With the support of the US government, IPHD intends to commence a
programme of communal plots in this regard;
Particular attention should also be paid to the post-primary school period;
There is a need for in-depth studies in order to be able to take ‘Pygmy’ culture
into consideration in the education system made available to them.
10. M eeting w ith the P residential Office
At the Presidential Office, the Mission was received by the Legal Advisor to the President
of the Republic, hereinafter called ‘the Advisor’. After giving him some copies of the
Report
of
the
African
Commission’s
Working
Group
on
indigenous
12
populations/communities, the meeting spent more than an hour considering different
aspects of indigenous ‘Pygmy’ problems in the Republic of Congo.
In fact, the Advisor received the Report with satisfaction and welcomed the African
Commission’s efforts. According to the Advisor, the indigenous ‘Pygmy’ people have
remained clearly marginalised or, better said, have marginalised themselves due to their
own behaviour with regard to modernity. It is thus essential that these people become
aware of their backwardness and do something about it, said the Advisor, for the rest of
us also went through the same process with the arrival of colonialism and modernity.
Apart from this theory of self-exclusion, the Advisor highlighted his country’s efforts in
this regard, particularly the existence of a sub-department for minorities and vulnerable
people within the Human Rights Department of the Ministry of Justice and the creation
of a National Human Rights Commission. In addition, he emphasised the existence of
several ‘Pygmy’ individuals who are fully integrated into national life, to the point that
their ‘Pygmy’ roots are no longer noticeable. Also, the Advisor continued, relations
between Bantu and ‘Pygmy’ villages are normal and not as conflictual as is often stated.
In reaction to the Advisor’s comments, the Mission explained that the indigenous
‘Pygmies’ of the African tropical rainforests do not exclude themselves. On the contrary,
they are the victims of a failure to recognise their way of life, namely, hunting and
gathering, as worthy of legal protection, a contributing factor in development and a
central focus of their culture. Comparable treatment has not been given to farmers who,
with the advent of the modern African state saw their use and occupation of the land
promoted, supported and even financed. This greatly increased the economic power and
consequently the habitat of farmers, and facilitated their access to education, to health
care and to what is known as modernity. The Mission continued by emphasising that,
later, as the need for conservation arose, the ‘Pygmy’ way of life - focused on hunting
and gathering - was criminalized in some countries.
In addition, the Mission noted the practice of « Pygmies’ Masters », which is rampant in
several of the country’s departments. This is despite international conventions and
national laws prohibiting this kind of practice and guaranteeing special protection for
indigenous peoples. The land issue was also raised, along with the ‘Pygmies’’ lack of
access to health care.
The Mission was, however, in agreement with the Advisor on the weakness of
indigenous civil society in the Republic of Congo, in comparison with other Central
African countries. In fact, there are scarcely any indigenous peoples’ associations in this
country.
11. M eeting w ith the UNDP
The Mission also met with the United Nations Development Programme, more precisely
this UN agency’s Governance programme in the Republic of Congo. As elsewhere, the
Mission presented a copy of the Report of the African Commission’s Working Group on
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indigenous populations/communities, explained the African Commission’s efforts in this
regard and invited the UNDP to make use of and disseminate the report.
It emerged from this meeting that, apart from some sporadic actions undertaken to the
benefit of ‘Pygmy’ communities, the UNDP/Republic of Congo has no specific
programme for indigenous people. However, the UNDP is involved in the PRAEBASE
project of the Ministry of Primary, Secondary and Professional Education.
The Mission highlighted the following at the meeting:
- UNDP policy on indigenous peoples,
- The UNDP’s commitments and declarations at the last session of the Permanent
Forum on Indigenous Issues held in New York in May 2005, in terms of the Millennium
Development Goals and, particularly, poverty reduction and universal education for all.
12. M eeting w ith the R esident R epresentative of the W orld Bank
The Resident Representative of the World Bank in the Republic of Congo also granted
the Mission an audience and this latter, in addition to presenting him with a copy of the
Report, highlighted the African Commission’s efforts in this regard.
The representative welcomed the Report favourably, describing it as an essential tool
with which to advance indigenous rights in Africa. He emphasised the fact that his
institution was a stakeholder in international indigenous rights protection, referring to
the financial institution’s internal policy on this issue.
By way of illustration, the representative mentioned his institution’s financing of the
PRAEBASE project which, he insisted, has an indigenous ‘Pygmy’ component. In
addition, the Mission highlighted the Republic of Congo’s access to the Heavily Indebted
Poor Countries (HIPC) programme, the current drafting of the national poverty reduction
programme and a number of other projects with an impact on ‘Pygmies’ as paths of
entry by which the situation of this people could be taken into account and improved.
The World Bank representative was in full agreement with the Mission and
recommended to the African Commission’s Working Group on Indigenous
Populations/Communities mechanisms for the implementation for the of its report.
13. M eeting w ith the Centre for Hum an Rights and Developm ent
The Centre for Human Rights and Development (Centre des Droits de l’Homme et de
Développement - CDHD) is an NGO based in Brazzaville and run by human rights
lecturers from university institutions with experience in other Central African countries,
particularly Cameroon. Founded in 2003, the CDHD specialises in promoting human
rights through research, publication and the popularisation of human rights. It works in
partnership with other human rights NGOs involved in protection (defence), teaching
institutes, government bodies and other civil society players. It responds to training,
information, advice, research and publication needs in the human rights area.
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With regard to the issue of indigenous peoples, the Centre highlighted its wish to
embark upon a series of studies. Referring to the initiative of the former President of the
Republic of Congo, Mr. Marien Ngouabi, on behalf of the ‘Pygmies’, the CDHD
highlighted the lack of consultation of those involved as the main reason for the failure
of this initiative. The CDHD emphasised, moreover, the essential nature of consultation
in the choice and implementation of projects in indigenous areas.
Finally, the Centre was delighted with the report of the Working Group on indigenous
populations/communities along with the African Commission’s efforts in this area, which
it considered a tool it could use in its future studies on indigenous peoples.
14. M eeting w ith the P residency of P arliam ent
The Mission also met staff members from the office of the President of Parliament,
namely the office director and diplomatic advisor. Their interest in the Working Group’s
report was clearly apparent. They also congratulated the African Commission on its
efforts in the area of indigenous rights, as well as the Working Group’s interest in the
Republic of Congo.
In response to the argument of self-exclusion given by these representatives, the
Mission took the opportunity to highlight the historic injustices to which the indigenous
‘Pygmy’ people have been subjected in different countries, including the Republic of
Congo. It is essentially a question of a lack of recognition and protection of this people’s
way of life revolving around hunting and gathering, and already considered a criminal
act in some countries.
Amongst other things, the representatives wanted to know if positive discrimination
measures would be in violation of the constitutional rule of non-discrimination or, better
said, equal rights. The Mission responded by noting the provisions of the Convention
against all Forms of Racial Discrimination, which specifyies that taking measures of
positive discrimination in favour of marginalised groups does not constitute a violation of
the principle of equal rights. Examples of other countries that have moved in this
direction were also given. The issue of the ‘Pygmies’’ lack of access to identity cards,
along with other problems, was also considered during the meeting.
The members of the office of the President of Parliament claimed to have been greatly
enlightened by their conversation with the Mission. They asked the Mission to send them
copies of legal texts or acts passed in other African countries on behalf of indigenous
peoples. They finally promised to report back faithfully to the President and to provide
him with copies of the Report with very clear recommendations.
15. Visit to an indigenous Pygm y com m unity
Despite the time constraints, the Mission visited an indigenous ‘Pygmy’ community,
accompanied by officials from the NGO ADHUC. The village visited was BENE, situated
around 300 kms from Brazzaville. This village, entirely ‘Pygmy’, illustrates the gulf that
exists between ‘Pygmy’ and other communities. The Mission met with village members,
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who talked of the separate lives they lead, the legal insecurity of their lands and the
other abuses they are subjected to.
Photo: Albert K. Barume (2005)
16. M eeting w ith the national press: press conference
At the end of the visit, the Mission organised a press conference for the local and
national press. Held in a meeting room at the NGO ADHUC, around ten or so newspaper
publishers attended the conference. The main points highlighted to journalists by the
Mission focused around a brief presentation of the content of the Working Group’s
report, an overview of the efforts of the African Commission on Human and Peoples’
Rights with regard to indigenous peoples and a summary of the different meetings held
in Brazzaville.
A series of questions were raised by the journalists, indicating their interest in the issue.
Do the Pygmies not exclude themselves from national life? What was the reaction of the
different authorities to your visit? Why has Africa waited so long to address the issue of
indigenous peoples? What support could the Working Group provide for ‘Pygmies’ in the
Republic of Congo? How many Pygmies are there in Central Africa? These were just
some of the questions raised by the journalists. As of the following day, several local
newspapers published articles on this press conference.
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17. Depositing of copies of the Report w ith the library of M arien Ngouabi
University
The Mission left several copies of the Report of the African Commission’s Working Group
on indigenous populations/communities with the central library of the Marien Ngouabi
University, the largest in the country.
IV. OVERVIEW OF THE SITUATION OF THE RIGHTS OF INDIGENOUS ‘PYGMY’
PEOPLES IN THE REPUBLIC OF CONGO
A. The practice of « Pygm ies’ m asters » , a practice tantam ount to slavery
In some regions of the Republic of Congo, the practice of holding one or more ‘Pygmies’
in servitude persists. The beneficiaries of this practice speak in terms of « my
Pygmies ». A father may bequeath lands to his children, including the ‘Pygmies’ living
on them.
This may relate to whole ‘Pygmy’ families or to individuals in the service of an individual
or family. The « masters » claim to act as guarantor in relation to any problems their
‘Pygmies’ may possibly encounter and, in return, they have the right to complete
devotion and to demand unpaid labour in the fields, in fact, they have a virtual right of
life or death over their subjects, as a local human rights NGO worker explained to the
Mission. The indigenous ‘Pygmies’ in such a situation are supposed to carry out all kinds
of work, at any time and under any conditions. They are very often subjected to
corporal punishment, and are even deprived of food for simply refusing or being unable
to carry out a particular task.
In some cases, the « Master » is also the owner of the fruits of labour that « his
Pygmies » have carried out against payment from a third party. In other words, some
« masters » even demand the salaries of their ‘Pygmies’. The « Masters » commit
various other abuses, including sexual violence against the wife or daughters of « his
Pygmies » without these latter being able to say a thing.
« The Master cannot touch or eat what our women have prepared. But he
sometimes sleeps with our wives and daughters. When they fall pregnant they
come back to us because the Master would not want it to be known that he had
had a child with a Pygmy woman », a ‘Pygmy’ revealed to the Mission.
« I had a chance to go to school but to do so I needed the authorisation of my
Master and he said he didn’t have the money to send me, » another ‘Pygmy’
confided to the Mission.
« Non-Pygmies often spit and turn away if a Pygmy goes by, as if we were not
human beings like them »,
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« Working for no money or receiving a few litres of traditional wine in payment is
another degrading practice that we Pygmies continue to be subjected to in the
Republic of Congo, » a ‘Pygmy’ also confided to the Mission.
B. Right to citizenship, to equal enjoym ent of rights and to participate in the
running of the country
The Constitution of the Republic of Congo states that all citizens are equal before the
law:
« All citizens are equal before the law. All discrimination based on origin, social or
material position, racial, ethnic or departmental affiliation, sex, education, religion,
philosophy or place of residence is forbidden, subject to the provisions of articles 58 and
96. 2»
Law No.073/84 of 17 October 1984 on the Family Code states that everybody’s status
must be established by means of a certificate issued through the civil registry. This
relates particularly to birth, marriage and death certificates. With regard to birth
certificates, the law indicates that all children must be registered at birth, failure to do
so leading to the risk of a fine being imposed on the parent or guardian. The birth
certificate forms an essential document with which to obtain other documents and
services, particularly identity cards, voting cards, school registration, travel documents
(passports) and even access to employment.
Despite the fact that birth certificates are free, many ‘Pygmy’ children are not registered.
This is for a variety of reasons, including the parents’ lack of access to a registry office
and the inappropriateness of the established procedures in terms of the way of life and
remoteness of ‘Pygmy’ communities. In addition, some registry office officials demand
money from ‘Pygmies’ who wish to obtain any civil documents.
However many indigenous ‘Pygmies’ in the Republic of Congo do have voting cards,
which they use as identity documents. This is the result of the fact that ‘Pygmy’ votes
are of great importance, particularly in some districts where they are considered to be in
the majority. It is believed that a number of electoral candidates have taken measures
to ensure the mass enrolment of ‘Pygmies’, even if these latter have no identity
documents.
« They come seeking our votes during the elections and for this they issue us
with voting cards, without any identity document. I can’t read well but I don’t
think it is normal to issue someone with a voting card when they don’t have an
identity card. This shows us that the Bantu are only here in search of our votes »
(comments of an indigenous ‘Pygmy’ from Kuilou)
The ‘Pygmies’ say they have had few problems integrating into the national army
however. The Mission met indigenous ‘Pygmy’ NCOs who stated that, unlike in other
2
Article 8 of the Constitution of the Republic of Congo
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sectors of national life, here they suffer less prejudice, scorn and negative stereotyping.
A certain belief in the mystical ability of ‘Pygmies’ to offer protection from bullets is
probably at the root of this openness towards them in the army.
C. Sexual violence against indigenous w om en 3
Various corroborating accounts received by the Mission demonstrate that indigenous
‘Pygmy’ women in the Republic of Congo suffer several types and forms of sexual
violence, firstly as women and secondly as indigenous ‘Pygmies’. In addition to often
being forced into sexual relations with the « Masters » of their husbands or fathers,
‘Pygmy’ women are also the object of a practice known as « renting ».
« A Bantu may come and take a Pygmy girl, take her home, make babies with
her and then reject her with no consequences. It is a sort of sexual slavery that
the Bantu call « renting ». These men who abuse our wives and daughters say
they have rented them and yet they give nothing in return. And we Pygmy men,
we have nowhere we can go to complain about this practice » (comments of a
‘Pygmy’ man interviewed by the Mission)
D. R ight to education
The Republic of Congo was, at one time, well-known for having achieved an almost
100% literacy level, one of the highest on the continent. But these statistics did not
include indigenous ‘Pygmy’ communities. In spite of these efforts, a high level of
illiteracy can be perceived among a majority of the country’s indigenous ‘Pygmies’. A
report by International Partnership for Human Development (IPHD), a US NGO active in
the area of ‘Pygmy’ children’s education, highlights for example the fact that, in
Lékoumou region, Pygmy children represent no more than 2.9 per cent of the children in
school.
The prejudices, ridicule and scorn to which ‘Pygmy’ children who dare go to school are
often subjected, the decades-long absence of a targeted national policy, along with the
parents’ poverty seem to be the main causes of the high rates of illiteracy amongst
‘Pygmy’ communities. Various national and international players active in this sector,
particularly IPHD and the PRAEBASE project of the Ministry for Primary, Secondary and
Professional Education, agree.
« A large number of ‘Pygmy’ children drop out of school because of the scorn
and discrimination they are subjected to from their fellow pupils, even teachers.»
« We heard of one teacher who listed the Pygmy children on a loose sheet of
paper and the rest of the class, that is the non-Pygmies, in the formal class
register. The teacher justified this by saying that, sooner or later, the Pygmy
A report jointly produced by the Rainforest Foundation and the Congolese Human Rights Watchdog on
the situation of ‘Pygmies’ in the Republic of Congo is more explicit on the subject of the sexual violence
suffered by ‘Pygmy’ women in this country: http://www.rainforestfoundationuk.org/sRepublic%20of%20Congo
3
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children would drop out of school to follow their parents into the bush and so it
wasn’t worth listing them in the normal class register »
« It is not just any teacher that will accept Pygmy children in his class »
« Very few non-Pygmy children would agree to share a reading or maths book
with a Pygmy pupil »
« Many Pygmy children drop out of school because they have nothing to eat »
All these comments and observations come from educationalists running different
projects and programmes aimed at tackling the problem of getting ‘Pygmy’ children into
school in the Republic of Congo. The Ministry for Primary, Secondary and Professional
Education has just adopted a National Education Plan for all with a chapter on education
for children from disadvantaged social sectors.
E. Forced labour and discrim ination in the em ploym ent w orld
The few ‘Pygmies’ who have access to employment also suffer various forms of
discrimination, particularly that of being paid without a pay slip or paid less than their
non-Pygmy colleagues doing the same work. Unwarranted deductions on the part of
some paying agents, taking advantage of the ‘Pygmies’’ illiteracy, and the payment of
part of their salary to their « masters » are both further factors that seriously affect the
net earnings taken home by some salaried ‘Pygmies’. Some accounts received highlight,
for example, the fact that an indigenous ‘Pygmy’ whose net salary should be 30,000
FCFA (around 55 US dollars) may take home only 5,000 FCFA (around 9 US dollars)
after all the unwarranted deductions that have been taken from his pay.
« I was employed by a foreign company on a salary of 40,000 FCFA. But before
each payment, the Bantu paying agent deducted 20,000 FCFA from my salary for
no reason. There was no-one I could complain to. » (Comment of an indigenous
‘Pygmy’)
« I was employed by a logging company with non-Pygmy colleagues, who all
received a salary on the basis of a payslip. I was never paid in this way. I do not
know if the amount the paying agent gave me was right or not » (Comment of
an indigenous ‘Pygmy’)
F. Land problem s facing indigenous peoples in the Republic of Congo
The indigenous ‘Pygmies’ of the Republic of Congo are also facing a growing land
problem due largely to a failure to recognise their way of life (hunting and gathering,
along with their nomadic lifestyle) and consequently the absence of any legal protection
of their ancestral lands.
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Congolese land law denotes the State as the sole and only owner of the soil and subsoil. In addition, like many land laws in Central Africa, it recognises only visible
occupation and use of the land. In other words, lands that are not visibly occupied and
used are considered vacant and automatically return to the State, which can then
allocate them to different uses, particularly conservation and logging, following a vacant
land survey.
Although it confers no right of ownership, customary law is recognised as a source of
usage and occupation rules for some land in rural areas. But, once again, customary
‘Pygmy’ land management rules do not enjoy the same status.
Apart from the fact that the law does not protect ‘Pygmies’’ land rights, non-Pygmy
communities also refuse to accept that a ‘Pygmy’ can own land. Land occupied or used
by a ‘Pygmy’ is, in some areas, considered to belong to no-one. It is also intolerable to
them that a ‘Pygmy’ should occupy a plot in the middle of a Bantu village. In such a
situation, the ‘Pygmy’ is forced to move to the edge of the village.
« We have been in this village for many years. We live alone here and everyone
recognises that this village belongs to us. A lack of resources prevents us from
obtaining the legal documents stating our ownership of these lands, which have
for some time been coveted by people from outside the community. Not long
ago, an army officer came and set up home on a section of our lands with the
consent of the local authority. It is time the State guaranteed our rights to our
ancestral lands » (Comments of an indigenous ‘Pygmy’ met by the Mission)
In November 2000, the Republic of Congo adopted a new Forestry Code although this,
too, failed to reinstate the ‘Pygmies’’ customary land rights. This text distinguishes
between State forest and private forest, without making any reference to forest lands
that local communities could claim on the basis of their customary rights. Moreover, in
addition to prohibiting all human activity in highly diverse forests, which are generally
the areas where the ‘Pygmies’ live, this code provides for rights of use over a very
limited number of forest products, none of which can be marketed. 4
V. CONCLUSIONS AND RECOMMENDATIONS
This research and information mission to the Republic of Congo was successfully
conducted and enabled an understanding to be gained of the broad human rights issues
affecting the indigenous ‘Pygmy’ population. In addition to international commitments
taken on the issue, a law giving this community special protection is currently under
discussion within the country. In relation to the above, the Mission makes the following
recommendations:
A. To the Governm ent of the R epublic of Congo
1. Bring the draft bill on ‘Pygmies’ to a successful conclusion, bearing in mind
the deep concerns of the communities in question
4
Law no. 16-2000 of 20 November 2000 on the Forestry Code
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2. Put national sectoral policies in place that will enable the ‘Pygmies’ to
enjoy all rights and fundamental freedoms on a par with other Congolese
citizens
3. Take measures to put an end to the practice of “Pygmies’ masters” and
punish all those who take part in it;
B. To the African Com m ission for Hum an and P eoples’ R ights
1. Conduct country by country monitoring of the commitments and/or
indigenous policies adopted by development agencies, bilateral and
multilateral partners
2. Organise a regional conference on experiences of educating ‘Pygmy’
children in Central Africa with a view to exchanging experiences, gaining
inspiration and, for some, refocusing strategies;
3. Support the creation of an indigenous civil society in this country with a
view to establishing capable and legitimate spokespersons with whom the
government can dialogue;
4. Visit the Republic of Congo with a view to supporting the draft bill that is
underway and raising the awareness of the government with regard to
the different aspects of indigenous law that this bill should incorporate;
5. Write to the European Union, the World Bank, the different bilateral
partners and COMIFAC (Forestry Commission in Central Africa) with a
view to including the issue of indigenous peoples in the different
processes related to forestry management in the Congo basin, such as
AFLEC, the Convergence Plan, etc.
6. Commence intersessional meetings involving the development agencies
and players working on behalf of indigenous peoples in Africa.
7. Put in place a mechanism for monitoring the recommendations of the
Working Group’s Report through different players, both State and nonState.
C. To Congolese civil society
1. Strengthen the existing indigenous associations
D. To the international com m unity
1. Design and implement projects specifically focussing on the needs of the
Pygmy population, including such issues as land, education, health,
forced labour, bondage and sexual violence.
2. Support an in-depth study of the situation of indigenous Pygmy peoples
in the Republic of Congo, possibly including a census.
3. Assist in disseminating the African Commission’s report on the rights of
indigenous communities.
OCTOBER 2005
ZEPHIRIN KALIMBA
DR. ALBERT K BARUME
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