Economic and social recovery

111. In designing and implementing economic and social recovery plans, States must respect, protect and promote indigenous peoples’ right to self-determination, including autonomy and self-governance, particularly their rights to control the use of and access to their lands and resources, and to operate their own health and educational systems. Relevant processes and plans must be driven by indigenous peoples themselves with the financial and material support of States, with a leadership role for indigenous women. Given pre-existing marginalization exacerbated by the pandemic, housing, access to food, health care and education for indigenous peoples, in both rural and urban contexts, should be a priority.

112. States should reinforce their commitments and actions aimed at curbing emissions and mitigating the impacts of climate change, taking into consideration the specific dependence of indigenous peoples on their lands and natural resources, including by supporting environmental conservation projects and initiatives led by indigenous peoples.

IV. Conclusions and recommendations

A. Conclusions

106. Indigenous peoples remain in a position of stark disempowerment that can only be reversed though financial and political commitments to fully implement Law No. 5- 2011 and its implementing decrees. Additional policies need to be adopted and implemented. The development of a national framework to define and accelerate the demarcation of collective traditional lands of indigenous peoples and protect them from further encroachment by logging, the extractive industries and conservation projects would be a good starting point to restore some sense of pride and leadership to disempowered indigenous communities.

B. Recommendations

107. The Special Rapporteur recalls and reiterates all the recommendations in her predecessor’s report on his 2010 visit, including those related to the elaboration of a national campaign against discrimination, economic development that has due regard for indigenous culture, identity, rights over land and resources, and enhanced participation in decision-making and international cooperation. She urges the Government, international donors, the United Nations country team, civil society organizations and indigenous communities to work together towards their full, effective and urgent implementation.

108. The Special Rapporteur makes the following additional recommendations:

• …
• (f) Conservationists and international donors concerned with the environment and the preservation of biodiversity should promote and fund indigenous-led conservation initiatives while focusing restrictive measures on threats to ecosystems coming from non-indigenous sources, including criminal poaching networks, corruption and unsustainable forest exploitation;
• (g) In this respect, the Special Rapporteur invites the Government, its United Nations supporting partners and conservation organizations in the Congo to consider the recommendations included in her report on conservation. She recommends that conservation organizations adopt human rights policies and monitor the application of human rights-based conservation programmes, and that culturally appropriate and independent complaints mechanisms be made available for indigenous peoples to voice their concerns over conservation initiatives and support initiatives for indigenous peoples’ right to remedy in cases when conservation activities have negatively affected their rights;