health care and social services. The Complainants insist that the existence of the
Batwa in conditions of 'destitution has resulted in increased rates of maternal
mortality, infant mortality, malnutrition and morbidity in the community'.
70. The Complainants also point out that the Batwa continue to be subjected to
violence by State agents, in the form of extrajudicial killings of individuals trying
to enter the forest in search of food and traditional medicines. For all these reasons,
the Complainants conclude that the DRC has violated and continues to violate
Article 4.
Alleged violation of Article 8
71. The Complainants allege a violation of the right to freedom of religion under
section 8 of the Charter. in support of this allegation, they report that the KahuziBiega forest is the centre of the Batwa's religious and spiritual life. According to
the Complainants, the religious beliefs and practices of the Batwa are intimately
linked to their traditional way of life in the Kahuzi-Biega forest.
72. In the same vein, the Complainants argue that the eviction of the Batwa from the
Kahuzi-Biega forest has deprived them of access to their ancestral lands, which not
only prohibits them from worshipping their gods and ancestors, but also prohibits
them from organising their religious ceremonies in the forests and from properly
burying their dead in their ancestral homes
73. In light of these facts, the Complainants conclude that the DRC has violated Article
8 of the Charter.
Alleged violation of Article 14
74. The Complainants allege a violation of the right to property under Article 14. They
point out that the eviction of the
Batwa community constitutes a serious
encroachment on the Batwa's right to property that 'is not in accordance with
applicable law and is totally disproportionate to a public nod or general
community interest'.
75. In support of this allegation, the Complainants state that the Kahuzi-Biega forest
is the ancestral home of the Batwa community and that the community draws
benefits from the forest's resources and the sacred sites erected there. They add
that the Batwa have a 'symbiotic relationship with the land' and that they rely on
this land and its forest to sustain all aspects of their economic, social, cultural
nun 'f.E
CV 11v17
14