I I participation of all people in the design and implementation of development programmes. 203. States are the primary actors to ensure implementation in the sense that they represent the people and have the means and legitimacy to enact laws or take the necessary measures to achieve this goal. Thus, for example, in African Commission on Hrmmn and Peoples' Rights iv. Republic of Kenyr1, the African Court held that the failure to involve the Ogiek in the development and definition of health, housing and other social programmes that affect them constituted a violation of Article 22 of the Charter* . Similarly, in Fndorois, the Commission made it clear that for any development or project that would have a major impact on the territory of the Erirlorois, the State has a responsibility not only to consult the community, but also to obtain their free, prior and informed consent, in accordance with their customs and traditions**7. 204. In this case, analysis of the various documents and testimonies available to the Commission shows that the Batwa were not consulted because they were expelled from the Kahuzi-Biega Forest. This has had a serious impact on their socio-economic and cultural development. The Commission notes that the DRC, which has not responded to the arguments of the Complainants, has not provided evidence that it was satisfied that the Batwa, as an indigenous people, were involved in this development programme that affects them directly or indirectly. 205. In these circumstances, the Commission concludes that the DRC has violated Article 22 of the Charter. On the alleged violation of Article 24. 206. Article 24 of the Charter states: "AIl peoples slmll have the right to (1 general satisfactory vnzviroiiIiwnf, roizrliwive to Hair d(*velopment". According to Fatimata Die, former Director of the Institut de la Francophone pour je Développement Durable, "the viiviroiiiiiviii cm be dc'fimd as all jin' mitiiriil mill rulluriil voiiiliiions likely to izfjluft living organisms mid lillmmi ncliz'itic's""*' . In this sense, one of the main obligations that States are called upon to fulfil is to ensure that natural 86 Application No 006/ 2012 African Commission on Human and Peoples' Rights v. Republic of Kenya, para 210 "Communication 276/03 op. cit. para 291 as Fatimata DIA was Director of the Institut de la Francophone pour je développement durable, and this definition comes out of her introductory words in issue 98 of the Revue Liaison Energie Fronaoplipmgof the Institut de la Francophone pour Ie Développement, which came out in the 3" quarter of }014. §ec"t'-r.4, . _./ . // 43 . I | e .

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