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Workshop on Internal Displacement and the Guiding Principles in Congo Brazzaville Brazzaville 20-21 March 2003 United Nations Office for the Coordination of Humanitarian Affairs Internal Displacement Unit And Response Coordination Branch Geneva

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Workshop on Internal Displacement

and the Guiding Principles in Congo Brazzaville

Brazzaville

20-21 March 2003

United Nations Office for the Coordination of Humanitarian Affairs

Internal Displacement Unit And Response Coordination Branch

Geneva

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Table of Contents

Executive Summary…………………………………………………………………3 Summary of Workshop Recommendations…………………………………………..3 Introduction and Objectives…………………………………………………………4 Participants………………………………………………………………………….4 Structure of Workshop………………………………………………………………4 Profile of the Displaced……………………………………………………………..5 i. Location and Numbers……………………………………………………….5 ii. Identified Causes of Displacement in Brazzaville…………………………...6 Summary of Working Group Outputs on Coordination, Protection, Access Issues, and Returns…………………………………………………………………………6 1. Coordination………………………………………………………………....6 i. Intra-governmental coordination……………………………………………7 ii. United Nations Country Team and International NGO Cooperation……….7 2. Protection and Access ……………………………………………………….8 3. Return and Resettlement……………………………………………………..9 Conclusion and Follow Up …………………………………………………………9 Annex One: Organigramme of national Government’s “Direction Generale de L’Action Humanitarire”…………………………………………………………... .10 Annex Two: Terms of Reference on UNDP Thematic Group on Protection…….11 Annex Three Participant List………………………………………………………11

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Executive Summary

Following a two-day OCHA IDP Unit delivered workshop on internal displacement held in Congo Brazzaville on March 20-21 at the request of the UN acting Humanitarian Coordinator and the Ministry for Social Affairs, several urgent needs should be addressed in order to adequately deal with the problem of internal displacement and the search for durable solutions. The well-attended seminar included a broad cross section of the actors involved in internal displacement both at the operational and political levels, within the government, the UN system, and the NGO community. Their recommendations for action should therefore be noted and taken seriously. There is at present a window of opportunity for the international community and the government to work together in the search for lasting solutions to displacement in Congo-Brazzaville. A March 17th endorsement of a previously signed cease-fire agreement between the government and the rebel-led “Ninja” faction may provide the stability necessary for the successful return of the estimated 150,000 IDPs out of which 84,000 have been successfully identified by the humanitarian community. It is estimated that some 60,000 IDPs are displaced within the Pool region out of reach for security reasons. Previous returns during short-lived periods of stability, such as in 2000, were not conducted in the conditions necessary for long-term stability, a fact which helps explain the renewed round of fighting in 2002. Lessons from this recent past were foremost in the minds of the workshop participants. Coordination, preparedness, and resource mobilization were central to participants concerns, and are reflected in their recommendations. Some can be implemented within country, others require outside support and attention.

Summary of Workshop Recommendations !" Activating the dormant national level coordinating committee under the Ministry

of Social Affairs which includes government, the UN, and NGOs to include a short term working group on return of IDPs

!" Mobilization of resources under the 2003-2004 UN country plan to provide for reconstruction assistance and rehabilitation of essential public services, especially in the Pool region

!" Donor support to coordination efforts of UNDP during the return period !" Establishment of a future emergency fund to respond rapidly to natural and man

made displacement problems at the national level through the Ministry of Social Affairs

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!" Clear establishment of a lead, or focal, UN agency to help promote coordinated response to IDPs.

!" Building an environment of protection through dissemination of the Guiding Principles and capacity building at the national level within government ministries

I. Introduction and objectives A two-day workshop on the Guiding Principles on Internal Displacement was held in Congo Brazzaville on March 20-21 at the request of the acting Humanitarian Coordinator with the organizational support of UNDP. OCHA’s Internal Displacement Unit and the Response Coordination Branch in Geneva financed and delivered the workshop, sending two facilitators from Geneva to participate. The objectives were twofold: the first was to raise awareness of the Guiding Principles among key government actors, UN agencies, international NGOs, and civil society representatives at the national level. The second objective was to identify perceived or potential operational gaps in responding to the problem of displacement, with particular emphasis on the return and resettlement process following recent positive political developments. The two objectives were met through presentations, working groups, and a final political forum with the heads of UN agencies and a key government ministry to outline the recommendations of the workshops and possible steps forward. Participants The composition of the audience reflected the collaborative model of response to internal displacement, including both government, UN, and non-governmental actors at both the national and international levels. In particular, most of the major line ministries active in humanitarian action were present, including the Director General of the General Secretariat for Humanitarian Action (Direction Generale de L’Action Humanitaire), the Minister for Social Affairs (Minsitere des Affaires Sociales, de la Solidarite, De L’Action Humanitaire, des Mutiles de Guerre et de la Famille) who oversees the humanitarian action department, and representatives of the national gendarmerie. In addition to UN humanitarian agencies such as WFP, UNICEF and UNHCR, other, more development related agencies such as FAO, UNDP, and UNFPA participated. Their presence reflected the fact that Congo Brazzaville is both in a humanitarian emergency phase in some regions, and in a more stable situation in others. The presence of international NGOs such as Medecins sans Frontieres-Holland and the International Rescue Committee were joined by representatives of the national Red Cross movement, members of the Brazzaville press, and local-regional NGOs such as Medecins D’Afrique. A total of 45 participants remained for the two-day

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workshop, with 5 heads of UN agencies participating in the closing phase of the event. II. Structure of the Workshop The structure of the workshop largely followed the standard model used by the internal displacement unit to raise awareness on the Guiding Principles. This meant that presentations were given on definitions of displacement, the international legal framework for the Guiding Principles, coordination and the collaborative model, protection activities during displacement, and the return process. Emphasis, however, was put on four key areas through group work and exercises:

1. Creating a common understanding, or national profile, of the displaced population, including numbers of displaced, causes, vulnerabilities, capacities, and patterns.

2. Understanding current coordination mechanisms in Congo Brazzaville, and defining roles and responsibilities among UN agencies and government ministries.

3. Exploring protection related questions, especially humanitarian access issues, in light of the principles set out in the Guiding Principles.

4. Creating a framework for action and response on questions of return, adhering to the principles of voluntairness, participation, security, and dignity in the search for durable solutions.

III. Profile of the Displaced A profile of the displaced in Congo Brazzaville was generated based on several questions asked of the participants in working groups. Most of their answers conform to existing data on IDPs in Brazzaville, including information from the Norwegian Refugee Council’s Global IDP Database. The following questions were asked of the participants regarding the displaced:

1. Where are the displaced and approximately how many IDPs exist now? 2. Did the majority of the displaced come from one region and if so, where? 3. What are the principal causes of displacement in Congo Brazzaville? 4. What are the particular capacities and vulnerabilities of the displaced in

Brazzaville? 5. What is an approximate composition of the displaced population in terms

of gender, age, ethnicity, and religion? Location and numbers There was less agreement on numbers of displaced than there was on the current location of IDPs currently being assisted or in need of assistance. Most of the participants agreed that the majority of those displaced whose location is known is in Brazzaville itself (and its suburbs) with a smaller but significant number living in camps in the Bouenza region neighbouring the Pool area. Other areas identified

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where IDPs lived in either camps or with host families were Plateaux, Pointe Noire, Le Koumu Niari, Cuvette West, Cuvette Centrale, and Likoula. The accepted figure for some groups of the number of IDPs was approximately 150,000. This figure, however, did not withstand challenge. There was little agreement on whether that number included IDPs displaced prior to 2002, and whether the number reflected those displaced solely by conflict as opposed to natural disaster or epidemic (health) induced displacement. After some debate many agreed with a rough estimate of 80,000 currently displaced in need of assistance, mainly concentrated in the Pool region. This figure corresponds with the 19 November 2002 UN Country Team report estimate of 66,000 remaining IDPs, with a further 10-15,000 after the October 2002 violence southwest of Brazzaville. Of this figure, a UN OCHA report from July, 2002 concludes that roughly 44,000 IDPs were not being assisted due to problems of humanitarian access, primarily in the conflict-torn Pool region. Identified causes of displacement The conflict that began in 1997 between the current government led by Sassou Nguesso and militia forces loyal to the former President Pascal Lissouba and his prime minister, Bernard Kolelas resulted in over a third of the population being displaced by 1999 (roughly 800,000 people). In 2002, following a fragile period of stability and return, fighting in the Pool region between the government and “Ninja” rebels led by Frederick Bitsangou alias Ntumi resulted in renewed displacement. Most recently, on March 17, 2003, an agreement called the “March 17 accord reaffirming the 199 Pointe-Noire and Brazzaville cease-fire agreement” was signed between representatives of the government and the Ntumi-led rebels. This accord was widely seen by the participants as a potential end to further displacement, and an opportunity to begin facilitating the return and resettlement process. Natural disaster and the Ebola epidemic in the Cuvette Ouest region are also important causes of displacement. Flooding in Likouala, Cuvettes, and Plataeux result in annual displacement for up to three months for as many as 150,0001 people. Most participants expressed the need to further develop and elaborate contingency plans to deal with the effects of yearly flooding. IV. Summary of Working Group outputs on coordination, protection, access issues, and the return process 1. Coordination National level-coordination between the government, the United Nations, and NGOs exists under the general direction of the Social Affairs Ministry. In practice, it was noted that the national coordinating committee does not meet on a regular basis, and there is therefore at present a weakness at the national level in providing a coordinated response to the complex problem of internal displacement. This was identified by

1 2003-2004 UN Appeal Document for Congo-Brazzaville (“Plan ONU…Pour L’avenir”)

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some within the workshop as a particular concern given that the recent peace agreement may have opened the way for the return process, particularly to the Pool region. A. Intra-governmental coordination mechanisms An inter-ministerial coordination committee headed by the “Direction Generale de l’Action Humanitaire” includes the Ministry for Social Affairs, and the ministries for health, defence, justice, and interior. This coordinating body, under the overall direction of the Social Affairs Ministry, is responsible for humanitarian response and coordination. Within this area, several broad recommendations were made to improve inter-ministerial coordination. These were: !" Need for more financial resources to augment operational and human resource

capacity on the ground. !" Lack of information sharing between line ministries and the need for regular

information exchange. !" Need for updated contingency plans, particularly with respect to seasonal flooding

response in Cuvettes, Likuoula, and to health epidemics, especially in Sangha. !" More active involvement of the Direction Generale de l’Action Humanitaire in

regular UN agency coordination meetings (UNDP’s “Unite d’Appui a la Coordination”)

!" Ministry for Social affairs should set strategic goals for humanitarian programs based on the Guiding Principles-creation of a strategic policy document.

!" Creation of “emergency trust fund” to be managed by the Ministry for Social Affairs for immediate use in case of natural or man-made disaster.

!" More active involvement of representatives of the displaced within the planning process.

B. United Nations Country Team and International NGO Coordination The acting UN humanitarian coordinator leads UN coordination efforts in Brazzaville with the support of UNDP's “Unite d’Appui a la Coordination”. It was generally recognized that in the absence of an OCHA support officer within the unit, existing capacity within the HC’s office is being strained, with the level of overall coordination suffering. In order to partly address this gap, the acting humanitarian coordinator began an effort to create a “Thematic Working Group on Protection of the Civilian Population” in January 2003. This group was to report to the HC and to include representatives of all the UN agencies, international NGOs, and donor country representatives. The terms of reference of this group included, inter-alia, “an assurance that the Guiding Principles on Internal Displacement were respected and applied”, “to share information on all aspects of civilian protection”, and to “identify and monitor protection gaps” This group met once at the end of January, 2003, but has not met since that time. Currently there are regular operational level meetings between UN agency representatives and international NGOs on sectoral level needs as well as the regular resident coordinator heads of agencies meetings. The sectors represented were WATSAN, health, food items, and shelter. The participants felt that inter-sectoral coordination functioned fairly well in terms of information exchange, although questions regarding strategic priorities and “harmonization of programmes” were

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repeatedly raised. The major recommendations to emerge from groups looking at UN coordination were as follows: !" Enlarge the existing UN inter-sectoral coordination group to include government

representatives from the national level inter-ministerial coordinating committee. !" Activate January 2003 thematic working group on protection with a view to

expanding the group to include return and resettlement questions and preparedness.

!" Update contingency plans to fit current changed political situation, newly emerging health epidemics, and yearly seasonal flood problems.

!" Advocate within UN system for more resources devoted to coordination, in particular funding a short term OCHA post to assist the HC.

!" Develop strategic program objectives in the absence of a Consolidated Appeals Process (CAP) document based on Guiding Principles2.

!" Encourage regular participation of IDP representatives in coordination efforts. 2. Protection Having identified the protection related principles within the Guiding Principles (10-23), the participants were asked to turn their attention to understanding protection priorities and activities, and were asked to come up with an outline of a protection strategy that would fit into current or recommended coordination structures. The working groups all roughly prioritised the protection needs the same way, listing shelter, food, and health as among the top concerns. The focus of the discussion, however, turned to gaps in current protection activities. Below are some agreed upon protection-related gaps: !" Lack of regular humanitarian access during conflict in the Pool region !" Lack of operational understanding of negotiating access, and confusion as to roles

and responsibilities !" Ignorance of the Guiding Principles and how they apply to such operational

questions as

1. If an IDP campsite has not yet been “officially” designated as such by the government, do humanitarian agencies have the right to provide assistance to the displaced there?

2. Can the armed forces or police prevent the displaced from entering Brazzaville if they have a legitimate fear that in so doing national security will be jeopardized?

3. Can humanitarian actors be barred from providing assistance to IDPs, and if so, under which conditions?

4. What can humanitarian actors do to prevent long-term dependency on humanitarian assistance, in some cases obstructing realization of durable solutions?

2 Note that the 2003-2004 “Plan ONU” does not specifically refer to the Guiding Principles but does include a coordination appeal to help respond to displacement.

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In referring repeatedly to the letter and spirit of principles 24-27 in the Guiding Principles, the participants developed an appreciation of their relevance to work in the field. The protection recommendations therefore reflect this new awareness: !" Creation of emergency fund within government (entrusted to the Ministry of

Social Affairs to provide rapid assistance in case of emergencies !" Development of contingency plans as mentioned in the coordination

recommendations !" Coordinated advocacy on behalf of IDPs to gain humanitarian access within UN

system, possibly through a UNDP-led thematic working group on protection of civilians

!" Widespread dissemination of the Guiding Principles among civilian population !" Focused capacity building training on rights based assistance, recognizing

fundamental importance of civil and political rights of IDPs, and the role of humanitarian actors in their protection

!" Increased UN and government advocacy for awareness raising on Brazzaville as a “forgotten emergency” with potential for solutions

Return and Resettlement 3. The March 17 2003 peace agreement as mentioned above provided the workshop with a backdrop for potential durable solutions to the problem of those displaced in 2002. Most of the population previously displaced had returned en masse in 2000, with an estimated 600,000 people returning rapidly to their homes of origin.3 The participants endorsed this assessment but said that lessons could be learned from the previous return which could alleviate much of the reported humanitarian suffering experienced during that period. In particular, the participants recommend that: !" National level coordination between government, donors, UN agencies, and

NGOs should be reactivated under the aegis of the Direction Generale de L’Action Humanitaire though the creation of a sub-working group on return related questions

!" Fundraising efforts can be made through this coordinating body in order to provide for reconstruction efforts

!" Immediate preparation and planning must be done to ensure return is conducted in safety and in dignity

!" Essential public services such as water and sanitation need to be restored in the Pool region as quickly as possible.4

!" Immediate access to the Pool region should be granted through joint assessment missions, including site visits by IDP representatives

!" Housing, schools, and other reconstruction should be made a national priority in the Pool region in order to prevent future outbreaks of hostilities

!" Return questions such as those involving choice and voluntariness should be answered within the framework of the Guiding Principles.

3 Global IDP Database, Norwegian Refugee Council December 2002 4 Note that an appeal in the UN Country Plan includes a project appeal designed to restore essential public services in the Pool area to facilitate return. Underfunding remains a problem with the 2002 appeal reaching only 35% of the amount appealed.

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Conclusion and Follow-Up Follow-up to the workshop is recommended on two levels, in Geneva and in Brazzaville. This follow up should be conducted with the aim of raising donor awareness of the new opportunities for durable solutions in Brazzaville due to the changed political situation, and the attendant need for support to both the government and to UN-government coordination efforts. In Geneva, OCHA’s IDP Unit in coordination with the Response Coordination Branch (RCB) can ensure that the recommendations from the workshop are distributed through, inter alia, the dissemination of this report through the Senior Network on Internal Displacement and to selected donor representatives. The IDP unit and RCB will also follow-up on any suggestions or recommendations generated by the acting UN Humanitarian/Resident Coordinator’s Office in Brazzaville. At country-level, the acting HC can continue to support the national government’s efforts to respond to displacement through the Ministry of Social Affairs’ newly re-organized Direction Generale de L’Action Humanitaire. The HC may also be able to base future program response in light of the recommendations contained in this report.

Annex 1 Organigramme de la Direction Generale de L’Action

Humanitarire

Organigramme de la Direction Generalede L’Action Humanitarire

Service Adminstratifet Financier

Service de la promotion desactions promotionellesdu droit humanitaire

et des droits de l’homme

Sevice de la Protection des Deplaceset des refugies

Service de L’information, de la Publication etdes Relations avec les ONG et Agences Humanitaires

Direction de l’Information etde la Promotion du Droit

Humanitaire

Service de l’Assitanceaux deplacee et aux refugies

Service de la coordination des actionshumanitaires

Service de l’evaluation,desexpertises, et des statistiques

Service de la preventiondes catastrophes naturelles

ou provoquees

Direction de l’AssistanceHumanitarire

Secretariat de Direction

Direction Generale de L’ActionHumanitaire

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Annex II Terms of Reference UNDP’s Thematic Group

On protection of the Civilian Population

!" Promote awareness of the Guiding Principles through all levels of society !" Ensure that the Guiding Principles are respected with respect to the internally

displaced !" Raise issues regarding Guiding Principles implementation gaps !" Raise all protection related issues and discuss ways to improve protection

practices !" Report to United Nations Resident Coordinator on a bi-monthly basis

Annex III Participant List

Emargement

N° Noms et prénoms

Organisations/ Ministères

Titre / Occupation

Contact Jour

1 Jours

01 Abandzounou Rock G

Communication Chef de Service 68 00 08 Ok Ok

02 Atali Antoine Cyriaque

CRC 2ème Vice Président 38 76 36 Ok Ok

03 Ayenoué Angèle

PAM Chargée de Programme National

62 21 89 [email protected]

Ok Ok

04 Badirila Maurice

Sécurité et Police Chef de Bureau Circulation

26 06 57 Ok Ok

05 Bassoumba Patrick Hilaire

Médecins d’Afrique Point Focal Urgences 66 81 30 Ok Ok

06 Bibaki Joseph

MASSAHMGF Directeur à la Coopération

21 25 83 Ok Ok

07 Bouanga Goma Raphaël

Administration du Territoire

Attaché à la Coopération et à la Formation

66 18 88 Ok Ok

08 Datar Bado UNICEF Administrateur Programme d’Urgence et Services de Base

21 76 38 [email protected]

Ok Ok

09 Dimi Kanga Paul

FAO Consultant National 31 56 62 Ok Ok

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10 Ekaba Christian

PNUD Assistant en PMSU, Point Focal Crise/Prévision Conflit

66 35 48 [email protected]

Ok Ok

11 Fumey Anne Hilly

PNUD Chargée de Projet Action Communautaire

60 85 76 , 51 02 47 [email protected]

Ok Ok

12 Goma Makaya Carole

UNESCO Point Focal Communication/Urgence

[email protected] Ok Ok

13 Kangui Maixent Hubert

Ministère de la Communication

Conseiller Juridique

14 Kanoui Vanessa

MSF H Chargée des Affaires Humanitaires

67 46 023 62 20 26 [email protected]

Ok Ok

15 Kinzénzé Charles

CADRM Assistant au Développement

[email protected]

Ok Ok

16 Konongo Jean De Dieu

OMS Conseiller Santé Environnement, Urgences et Actions Humanitaires

51 33 67 [email protected]

Ok ?

17 Kouangha Jeannette

UNFPA Expert National en santé de la Reproduction/Humanitaire

36 76 07 [email protected]

Ok Ok

18 Louhemba Mathurin

ASU Nutritionniste 62 44 25 [email protected]

Ok Ok

19 Loumouamou Daniel

MASSAHMGF Conseillet à l’Action Humanitaire et à la Solidarité

66 42 23 Ok ?

20 Mabika B Flore Mireille

Unité de Coordination PNUD

Gestionnaire de l’Information

51 58 71 [email protected]

Ok Ok

21 Mboungou Gilbert

OIM Chargé d’Affaires /Bureau 51 48 88 [email protected]

Ok Ok

22

23 Mféré Alouna UNFSO/UNSECOORD Assistant du FSO 63 94 94 [email protected]

Ok Ok

24 Mikolo Karine PAM Assistante du Représentant

62 13 31 / 81 11 68 [email protected]

Ok Ok

25 Milongo Aimé Placide

Caritas Congo Chargé des Projets 51 10 00 [email protected]

Ok Ok

26 Mimonékéné M-Auguste

MASSAHMGF Chargé de Bureau Evaluation et Expertises

60 30 16 Ok Ok

27 Mouaïtaya S. Ernest

MASSAHMGF Directeur Général de l’Action Humanitaire

51 10 86 Ok Ok

28 Moukouri Alain Robert

Caritas Brazzaville Chargé des Programmes 51 30 72 [email protected]

Ok Ok

29 Mvoula Barthélemy

Santé et Population (DGPOP)

Chef de Service des Problèmes d’Urbanisation

66 71 79 Ok Ok

30 Ngackosso Alexis (Lieutenant Colonel)

Défense Nationale Attaché à la Documentation

62 24 16 Ok Ok

31 Ngadziami Anne

Justice et Droits de l’Homme

Conseillère Politique et à l’Administration Pénitentiaire

26 80 12 Ok Ok

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Pénitentiaire

32 Nganga Sosthène Rufin

ACTED Assistant aux Projets Humanitaires

28 09 28 [email protected]

Ok Ok

33 Ngouya Jean Pierre (Magistrat, Juge d’Instruction)

Haut Commissariat à l’Instruction Civique et à l’Education Morale

Directeur à l’Information et la Promotion du DH. Conseiller à L’Education Morale, Chargé des affaires Juridique et des relations avec les Partenaires.

58 55 27 [email protected]

Ok Ok

34 Nkodia Jean Baptiste

Association Thalitakoum

Chargé de l’Education / Conseiller

36 06 60 Ok Ok

35 Nkunku Sébastien

OMS Afro Point Focal EHA/OMS/Afrique Centrale

25 91 64 [email protected]

Ok Ok

36 O’Donell Shaun

IRC Directeur Adjoint 22 29 56 [email protected]

Ok Ok

37 Ondongo Marie Lys

UNHCR Assistant à la Protection 51 85 38 [email protected]

Ok Ok

38 Ontsira Gabriel

MASSAHMGF Directeur Chargé de la Gestion des Catastrophes

28 87 93 Ok Ok

39 Perepre Jean Crepin

MASSAHMGF Attaché de Press 56 87 43 Ok Ok

40 Piers Axel PNUD Chargé de Projet Justice et Droit de l’Homme

28 73 23 [email protected]

Ok ?

41 Samba Marie Thérèse

Scout et Guides du Congo

Commissaire Régionale Scouts et Guides

26 09 13 Ok Ok

42 Tchissambou Bayonne

MASSAHMGF Directrice de Cabinet 66 62 89 / 25 78 29 Ok ?

43 Toumba Liliane

UNICEF Chargée des Urgences [email protected] Ok Ok

44 Tsoumou Guili

PNUD Conseillère en Communication

51 25 07 / 67 33 25 [email protected]

Ok Ok

45 Tsoumou Ngavouka Alice

SOS 3ème Age Vice Présidente 76 57 27 B.P. 1470 Brazzaville

Ok Ok

46 Zemingui Philippe

UNFPA Responsable cellule Humanitaire

26 58 37 [email protected]

Ok Ok