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