The Commission's Decision on the Merits In view of the foregoing, the Commission 227. Declares that the Democratic Republic of Congo has violated the provisions of Articles 1, 2, 3, 4, 8, 14, 16, 17 (1)-(3), 21, 22 and 24 of the African Charter. 228. Declares that the Kahuzi-Biega Forest has been the ancestral home of the Batwa people since time immemorial. Consequently, the occupation of this forest by the Batwa people is essential for their survival and the maintenance of their cultural identity. 229. Declares that the occupation of the Kahuzi-Biega Forest did not constitute any danger to biodiversity and that, consequently, the forest is a customary property that the Democratic Republic of Congo is obliged to recognise and protect under international law by putting in place a law on customary property. 230. Declares that fortress conservation models based on the exclusion of indigenous peoples from their ancestral lands without their free and prior consent are no longer relevant and recalls that, in cases where such conservations are necessary, their impact on indigenous peoples must be carefully analysed and remedied. in particular, the conservation model used in the Kahuzi-Biega National Park has failed, by excluding the Batwa as custodians of the forest. 231. States that as good stewards of the environment, measures to exclude the Batwa from their land may be harmful to the environment given the positive historical record of conservation of the Kahuzi-Biega forest by the Batwa 232. Notes that the creation of the Kahuzi-Biega National Park and the authorisation of other non-Batwa communities to continue to exploit their ancestral lands constitutes a violation of the Charter. 233. The Commission therefore requests the Democratic Republic of Congo to: i. Adopt as soon as possible, in consultation with the Batwa, such legislative, administrative and other measures as may be necessary to establish a mechanism for demarcation and titling of Batwa ancestral territory and related rights in accordance with their values, customs and beliefs. ii. Ratify the International Labour Organiziatien-CQnvention concerning Indigenous and Tribal Peoples,/195Z.*= al.,;v 'Z L .. *\\ 57 . . ,r 's No. C107