I
81. In support of their allegations, the Complainants argue that by expelling the Batwa
from the Kahuzi-Biega forest, the DRC has impeded the availability of health care
that is dependent on traditional medicines and their particular health practices.
They add that the DRC has also failed to make health care accessible in all its
dimensions (as defined by the UN Committee on Economic, Social and Cultural
Rights (CESCR), which include physical accessibility, economic accessibility,
information accessibility and non-discrimination.
82. The Complainants reiterate that by evicting the Batwa, the DRC has failed to
respect, fulfil and protect their underlying health rights, including the right to
food, water and sanitation.
Alleged violation of Article 17 (1)
83. With regard to Article 17(1), which protects the right to education, the
Complainants allege that the eviction of the Batwa from the Kahuzi-Biega forest
violated the right to education in all its aspects as set out in the Principles and
Guidelines on Economic, Social and Cultural Rights in Africa (<< Pretoria
Declaration »)
Alleged violation of Article 17 (2) et (3)
84. Article 17(2) and (3) protects the right to culture. The Complainants allege that the
eviction of the Batwa violated their right to culture because the DRC denied them
access to their traditional lands in the Kahuzi-Biega forest and its spiritual sites.
85. In fact, the Complainants argue that the DRC has violated the right to culture
under Article 17(2) and (3) in two respects. Firstly, they state that by evicting them
and 'prohibiting them from entering ancestral lands, the DRC has impeded the
Batwa's access to cultural sites and their right to engage in traditional, territorybased cultural practices and rituals'. Secondly, the Complainants explain that the
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DRC has violated the Batwa's right to culture 'by irreversibly damaging their
traditional way of life, in particular by preventing them from accessing traditional
forest-based knowledge, which is integral to the Batwa's distinct cultural identity
and way of life'.
86. With regard to the first aspect, the Complainants allege that before their eviction
the Kahuzi-Biega forest was a centre of Batwa cultural life. They point out that this
forest was a cultural site of great importance to the Batwa, where they would
gather for rituals or cultural practices such as "blessing rituals for marriages
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