births, dealing with family conflicts, remedying drought, sterility or illness, and
promoting good luck in hunting. They indicate that because of this exclusion from
the Kahuzi-Biega forest, the Batwa have lost their cultural identity.
87. Regarding the second aspect of this violation, the Complainants allege that the
Batwa have a symbiotic relationship with the forest and that this relationship gives
them special knowledge about the forest that they pass on from generation to
generation. The Complainants reiterate that, as a result, 'the Batwa's relationship
with their traditional lands and resources is essential to their way of life and
ultimately to their preservation and survival as a distinct people'.
88. The Complainants allege that the DRC's interference with the Batwa's right to
culture is neither justified nor proportionate.
Alleged violation of Article 21
89. Complainants allege a violation of Article 21, which guarantees the right of peoples
to freely dispose of wealth and natural resources, in three respects: through their
eviction, the Batwa have been denied access to their natural resources, the DRC
has benefited from and/or allowed others to exploit them without consulting and
compensating them; and finally, the DRC has failed to prevent environmental
degradation of the natural resources of the forest that were beneficial to the Batwa.
90. With regard to the first aspect, the Complainants allege that since their eviction,
the Batwa have no longer had access to the natural resources of the forest and that
whenever they have tried to enter the forest to collect these resources, they have
been fined, imprisoned and even subjected to excessive violence by State agents.
91. With regard to the second aspect, the Complainants allege that the forest has
significant economic activity, including various forms of agricultural exploitation.
They claim that by undertaking to dispossess the Batwa of their ancestral lands,
the DRC has not prevented other groups from illegally extracting and exploiting
the same resources through these various agricultural activities. According to the
Complainants, by exploiting and profiting from the natural resources of the
Kahuzi-Biega forest, or allowing others to do the same without consulting or
compensating the Batwa, the DRC has violated Article 21 .
92. On the third aspect, the Complainants argue that the exploitation of the KahuziBiega
forest by
the DRC and
other
non-Batwa
groups has led
to SCV
`€°1E!IP
"
17
of .