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
.