benefited while in the Kahuzi-Biega forest but to which they no longer have access. For example, O.M. one of the Batwa expelled states: "The Forest was our space for education and initiation ofyoimg people into adultl1ood".59 N. B. I., another victim of the expulsion reiterates that "this lack of access fo their land and natural resources makes them more vulnerable because they now face dificzilties in accessing basic social services suclz as education".'*0 In this regard, the Commission concludes that failure to provide access to such knowledge constitutes a violation of the right to education protected under the provisions of Article 17(1). On the alleged violation of Article 17(2) and 17(3) 175. Under Article 17(2) and (3) "2. Every individual may Neely take part in the cultural life of his community. 3. The promotion and protection of morals mid traditional values recognized by the community shall be the duty of the State". Based on the considerations and arguments presented by the Complainants, understanding of the concept of 'culture' within the meaning of Article 17(2) and 17(3) of the Charter and its conception in the context of indigenous peoples is of particular importance in the present Communication. 176. Culture was defined as follows by the UNESCO World Conference on Cultural Policies in the Mexico City Declaration: "in its widest sense, culture may now be said few be the whole complex ofdistinctioe spiritual, material, in tellectual mid emotional features that characterize n society or social group. It includes riot only the arts and letters, but also modes of life, fhejiindamental rights of the human being, value systems, traditions and beliefs".61 Later, in the Fribourg Declaration, a group of international experts, the 'Fribourg Group', decided that: "The term "culture" covers those values, beliefs, convictions, languages, knowledge and the arts, traditions, institutions and ways of life through which a person or a group expresses their humanity and the meanings that they give to their existence and to their d8Z'l'lOPl1l€l1f".62 177. According to the Charter for African Cultural Renaissance, adopted by the 6* Ordinary Session of the Assembly held on 24 Ianuary 2006 in Khartoum, "culture should be regarded as the set of distinctive linguistic, spiritual, material, ss Affidavit of O. M., Annex 101 so Affidavit of N.B l, Annex 1 61 Mexico City Declaration on Cultural Policies. World Conference on Cultural Policies, Mexico City, 26 July 6 August 1982 so Article 2 of the Fribourg Declaration on Cultural Rights, adopted in Fribourg on 7 May 2007 Founding text, dated 1993 (cf: http://www.droitshumains.org/ONU_GE/Comite_ Drtcult/declafribourg.htm The Fribourg Declaration on known as the "Fribourg Grqu§7"'W . r r, . f"£?*r g. the result of 20 years of work by an international group of experts, . N ` ,A g ah 1 *la / sof .al :-" .»' : J . ,...{: 36

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