their ancestral lands and before determining their capacity in terms of conservation
that might be appropriate to conserve the Kahuzi-Biega forest. Instead, they argue,
the Batwa are being denied access, use, and participation in decisions about their
ancestral lands. This threatens 'their traditional ways of life and their collective
development in accordance with their right to self-determination.
99. Secondly, the Complainants allege that the DRC has failed to fulfil the Batwa's
right to development as an indigenous people. They contend that it was the DRC's
obligation to ensure that the Batwa 'retain control over their institutions, culture,
traditions and territories in order to contribute to their collective development and
well-being as a traditional people'. To the contrary, their eviction from the KahuziBiega forest has forced them to live in miserable conditions, even though the forest
used to provide them with everything they needed to meet their basic needs. They
maintain that the degradation of the Batwa's living conditions is a consequence of
the DRC's actions, amplified by the fact that it has not taken the necessary
measures to mitigate the effects.
Alleged violation of Article 24
100.
Article 24 protects the right of all peoples to an adequate and comprehensive
environment for their development. The Complainants argue that by evicting the
Batwa from the Kahuzi-Biega Forest, the Government has failed to provide them
with a favorable environment. According to them, the Kahuzi-Biega forest is the
only favorable environment for the Batwa. They point out that the right protected
by Article 24 includes not only the protection of the natural environment from
pollution and environmental degradation, but also 'the obligation to take measures
to provide the community with an environment that enables it to develop
economically, socially and culturally'.
101.
The Complainants allege that under Article 24, the DRC has breached three
main obligations, namely the obligation to respect, the obligation to protect and
the obligation to provide.
102.
\
Regarding the obligation to respect, the Complainants argue that the State has
an obligation to put in place internationally acceptable expropriation rules that
provide safeguards
against
arbitrary
dispossession.
They
insist
that
these
measures should detail the process and standards to be applied "including
consultations with affected members of society, timely notification, payment of
adequate compensation and assistance for rehabilitation. The Complainants
further state that the Batwa had a special bond with the land of their ancestors su,¢i5,?,.
Q
..t
..,,
.w&"
In
Qi
*f
__
19
4.
-1-
J
.
.