Batwa of Kahuzi-Biega is reflected in the lack of compensation following their eviction, the fact that other non-Batwa communities are allowed to remain in the KBNP, the community's lack of land tenure and access to basic social services outside the forest, and the absence of Batwa representation in the political and administrative institutions of the DRC. 65. The Complainants state that the Respondent State has allowed other non-Batwa communities to remain in the KBNP despite national legislation prohibiting human presence and activities in the park. According to the Complainants, such discriminatory application of the law constitutes a violation of Article 2 because, they insist, 'there is no objective justification as to why other non-Bahva communities have been allowed to remain in the park'. They claim that, furthermore, non-Batwa activities were more damaging to the environment than Batwa activities, which they claim were favorable and protective of the environment, 66. The Complainants submit that the discrimination against the Batwa is also manifested in 'access to basic social services'. According to the Complainants, the Batwa do not have access to basic social services because "they are unable to access schools and health centres, water, sanitation and infrastructure due to their state of poverty after eviction and the poor quality of the land on which they are allowed to settle. i 67. The Coniplainants allege that another area of discrimination against the Batwa relates to political representation and participation. They claim that the Batvva are not represented in 'the political, institutional and administrative institutions of the DRC, which excludes them from the process of governance and decision-making on issues that affect them. 68. The Complainants argue that the State has no 'objective' and 'reasonable' justification for this discrimination against the Batwa, and that it has therefore violated Article 2 of the Charter. Alleged violation of Article 4 69. With regard to Article 4, which guarantees the right to life, the Complainants allege that this right was violated by the forced eviction and displacement of the Batwa from their ancestral lands. Indeed, they aver that the state has not provided for accompanying measures to ensure the protection of the Batwa after their forced eviction and displacement 'by guaranteeing access to food, clean water, San/i 13

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