7.17. In the present case, also on the basis of the various considerations set out above, the Commission finds the following claims for compensation to be justified: l. The declaration that the Democratic Republic of Congo is in violation of Articles 1, 2, 4, 8, 14, 17(1)-(3), 21, 22 and 24 of the African Charter. Indeed, as can be seen from the above developments, the Commission found that the DRC had violated the above-mentioned Articles of the Charter. 2. The statement that the Kahuzi-Biega Forest has been the ancestral home of the Batwa people since time immemorial, and that its occupation by the Batwa is essential to the preservation of their identity. The Commission has noted that the Batwa people are an indigenous people and as a result their way of life is intimately linked to their ancestral lands. Indeed, the Commission's Populations/Communihes noted Working that one Group on of characteristics the Indigenous of indigenous peoples is the occupation and use of a specific territory" . In particular, the Working Group reiterated that the survival of particular ways of life of indigenous peoples depends on the recognition of their rights and access to their traditional lands and natural ICSOL1ICES98 . in this case, the Kahuzi-Biega forest is the ancestral home for the Batwa people. 3. The statement that the occupation of the Kahuzi-Biega forest was in no way an obstacle to biodiversity occurring in the KBNP and that, furthermore, their occupation created a customary property right which the Respondent State has a duty to recognise and protect under international law. As the Commission has already noted, the report of the Working Group of Experts of the African Commission on Human and Peoples' Rights states that haditionally the Batwa have never hunted gorillas and do not destroy the forest by cutting down trees"9 . 4. A statement that fortress conservation models based on the eviction of indigenous peoples are no longer relevant, and that in cases where such 97 Report of the Working Group of Experts of the African Commission on Human and Peoples' Rights on Indigenous Populations/Communities, adopted by the African Commission on Human and Peoples' Rights at its 28"' Ordinary Session, 2005, p. 100 98 Report of the Working Group of Experts of the African Commission on Human and Peoples Rights on Indigenous Populations/Communities, adopted by the African Commission on Human and Peoples' Rights at its 28"' Ordinary See 100 99 idem, p. 22 47

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