religious life. They report that these Batwa have exercised a 'form of indigenous
customary tenure, holding the land through a form of collective ownership'.
76. The Complainants argue that some of the uses that the Batwa made of this forest,
including modest houses built from branches, leaves and mud, as well as custommade tools and traditional clothing made from animal skins and tree pods, is 'an
indication of traditional African ownership'.
According to them, it was rarely
written as a codification of rights or titles, but was eventually understood by
society through "mutual recognition and respect for property.
77. The Complainants point out that the seriousness of the DRC's infringement of
these property rights is encapsulated in the fact that it has attempted to sever the
Batwa's relationship with the central element of their cultural identity, which is the
forest.
According
to
the Complainants,
the
Batwa
have
been evicted and
expropriated from their communal lands, relegating them to an existence defined
by poverty, discrimination and social marginalization.
78. The Complainants go on to state that this infringement of property rights by the
DRC was not justified by either the public interest or the general interest of the
community. Furthermore, they insist that the Batwa were better protectors of the
environment during the time they lived in the Kahuzi-Biega forest.
79. The Complainants also indicate that this infringement was not compliant with
existing laws either. They argue that at the time of the eviction, the forest was still
"under indigenous reservations," which they say makes the eviction illegal under
domestic law. The Complainants add that the regime of expropriation governed
by a 1977 law was not followed, since the Batwa were neither informed of the
eviction nor compensated .
Alleged violation of Article 16
n
80. With regard to Article 16 of the Charter, the Complainants allege that the DRC
violated the Batwa's right to health 'by evicting and excluding them from the
Kahuzi-Biega forest, cutting off their sources of food and medicinal plants, and
failing to implement positive measures to ensure their non-discriminatory access
to health care, education, hygiene, food, drinking water, sanitation and adequate
housing
,0\]*l'l LLP
by
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