beliefs and practices, and that the freedom of worship and engage in such acts
is central to freedom of religion?" Furthermore, the African Commission
considered in the Communication Free Legnl Assistance Group v. Zaire, that the
right to freedom of conscience allows individuals or groups to worship or
assemble in relation to a religion or belief, and to establish and maintain places
in relation thereto, as well as to perform ceremonies in accordance with the
precepts of the religion or belief.
144. States should ensure that this right is respected. In accordance with Article 8,
the Commission considers that the restriction that could be placed on the
exercise of this right to freedom of conscience, profession and free practice of
religion is maintaining law and order. However, as the African Court indicated
in the Ogick ease, this restriction must be "necessary and reasonable".4*l
145.
Based on the submissions of the Complainants and witnesses, the Commission
notes that the land of the Kahuzi - Biega forest is for the Batwa a sanctuary for
their religious and spiritual life and that their religious beliefs and practices are
inextricably linked to their traditional way of life in the forest."
146. lt further notes from the same testimonies, as well as from the Report of the
Commission's Working Group on indigenous Populations/Communities as
presented by the Complainants, that the local authorities refuse to allow the
Batwa to return to the Kahuzi-Biega forest, alleging that they pose a threat to
the ecosystems." On the contrary, this Report by the Commission's Working
Group indicates that this is only a pretext because, traditionally, the Batwa have
never hunted gorillas and do not destroy the forest by cutting down trees."
147. Consequently, and in the present case, the Commission considers that the
eviction of the Batwa people from their ancestral lands, with a ban on their
return, constitutes an infringement on their freedom of worship, and a violation
of Article 8 of the African Charter.
On the alleged violation of Article 14
39 Communication 276/03 - op.cit., para 16
40 Application No. 006/2012 African Commission on Human and Peoples Rights v. Kenya, para 167.
"1 See para 395 of the Complainants' submissions on the merits
az See the Report of the African Commission on Human and peoples' Rights Working Group on Indigenous
Populations/Com
Ordinary Sessi
opted by the African Commission on Human and Peoples' Rights at its 28"'
P..,Z
43 ibidem
29