139. It is not disputed that the Batwa were evicted from their ancestral home, since the national park exists. There is no evidence that they have been resettled elsewhere. In particular, the testimonies and documents available to the Commission provide ample evidence that by expelling the Batwa from their living environment, the DRC has created conditions that negatively affects their potential for a decent life. The Report of the African Commission on Human and Peoples' Rights Working Group on Indigenous Populations/Communities, as produced by the Complainants, states that indigenous peoples in the Democratic Republic of Congo have been driven off the land they have occupied for centuries and are currently living in conditions under which they are deprived of economic, social and cultural rights." 140. It follows that Article 4 has been violated by the Respondent State. On the alleged violation of Article 8 141. Article 8 stipulates: "Freedom of conscience, profession and free practice of religion shall be guaranteed. No one may, subject to lm and order, be submitted to measures restricting the exercise of flzese freedoms". This provision protects the right to freedom of religion. It is an obligation for States to respect and ensure freedom of conscience, profession and free practice of religion. 142. In the case African Commission on Humrm and Peoples' Rights v. Republic of Kenyn, the African Court on Human and Peoples' Rights (the African Court) observed that in the context of traditional societies, where formal religious institutions often do not exist, the practice and profession of religion are usually inextricably linked with land and the environment." In this respect, it placed particular emphasis on indigenous societies. In the view of the African Court, in these societies, the freedom to worship and engage in religious ceremonies depends on access to land and the natural environment." It concluded that, any impediment or interference with accessing land constitutes a violation of the right to engage in religious rituals with considerable repercussions on the enjoyment of their freedom of worship. 143. The Commission has, in its jurisprudence, examined this existing relationship between land and religion. It noted that religion is often linked to land, cultural as Report of the African Commission's Working Group on Indigenous Populations/ Communities, Research and information visit to the Democratic Republic of Congo, adopted at the 49"' Ordinary Session held from 28 April12 May 2011, p. 73 "Application No. 006/2012- African Commission on Human and peoples' Rights v. Kenya, p2r?1b4 ,.,. ,.Eg&E'ar 38 Ibidem 28 I

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