194. The UNESCO Convention on the Frotection of the World Cultural and Natural Heritage, in its Part 2, entitled "National and International Protection of the Cultural and Natural Heritage", states in its Article 5: "in order to ensure that the cultural arid natural heritage sifzmfed on their territory is protected and preserved ns ejfertizieli/ ns possible anil that it is enhanced as actively as possible nailer conditions appropriate to each country, the States Parties to this Convention shall ('lItl('llllO!lt as .far as possible: (a) to adopt a general polici/ designer! to assign affection to the cultural and rzatnral heritage in the life of the Colllfllllllll]/, arid to incorporate the protection of that heritage into general planning progrannnes"*l! . 195. In view of the foregoing, the establishment of a natural site as a national park should not be done to the detriment of the original occupants, especially when it is an indigenous people, unless the State can prove that the actions of these populations are harmful to the said protection. 196. In this case, the Respondent State has not produced any evidence to show that the choice of the Kahuzi-Biega Fark was not to the detriment of the Batwa people. On the contrary, it is clear from the testimonies and documents at the Commission's disposal that, in the aftermath of the establishment of this Park, the Batwa were denied access to their ancestral lands, which contain a number of natural resources. The Commission also notes that the DRC has exploited these natural resources or allowed other parties to do so without consulting them or paying them compensation for the benefits derived from these resources, and that it has caused or failed to prevent the environmental degradation of the natural resources of their forest. 197. In this regard, the Commission recalls that it has already recognised a number of rights to ancestral land for the Batwa people, including the right of use (uses) and the right to enjoy the fruits Arius). in their nature, both rights imply the right to access and occupy this forest in order to benefit from it. It is clear that in this case, both rights have been violated. 198. From all the above, the Commission concludes that Article 21 (1 and 2) of the Charter has been violated. B1 See A;ui¢-s§fEeuwesco Convention concerning the Protection of the World Cultural and Natural . "3 ii\"" . 41