produces items for survival, rituals such as the group's particular wall of dealing with
problems mid practicing spiritual ceremonies, iderztuication and veneration ofits own
heroes or models and shared values ofits members which reflect its distinctive character
and personality".67
182. On this basis, the Commission is of the view that protecting human rights also
requires respect for, and protection of, their religious and cultural heritage
essential to their group identity, including buildings and sites such as libraries,
churches, mosques, temples, synagogues and similar places."
183. In the context of indigenous peoples, the preservation of their culture is of
particular importance. Indeed, as the African Court notes, these populations
have often been affected by activities of other groups and delibera to policies of
exclusion, exploitation, forced assimilation, discrimination and other forms of
persecution."
Cn this point,
the African Commission agrees with the
Complainants that in its interpretation of the African Charter, it has recognised
the duty of the State to tolerate diversity and to introduce measures that
protect identity groups different from those of the majority/ dominant group.70
184. In this respect, it considers that Article 17(2) requires governments to take
measures "aimed nt the coriseniation, development and d1]§'usion of eulture," such as
promoting "cultural identity as n factor of mutual appreciation among individuals,
groups, nations and regions, promoting awareness and enjoyment of culfnral heritage
ofnationnl ethnic groups and minorities and of indigenous sectors of the population ".71
185. In this case, the Commission concurs with the Complainants that the eviction
of the Batwa from their ancestral land deprives them of their cultural and
religious
references
as
understood
above
in
its
various
senses,
and
consequently, no longer allows them to take part freely in the cultural life of
the community of the Democratic Republic of Congo. The various testimonies
gathered prove that these Batwa are no longer able to engage in their religious
and cultural practices that were associated with the Kahuzi-Biega forest.
186. This is the case for M.M, one of the Batwa expelled from Kahuzi-Biega
National Park, who testifies as follows: "The causes for the rfisnpperlrnnce of our
culture are mainly related to lack of access to oz¢r traditional lrmd and to the various
67 Application No. 006/2012, African Commission on Human and Peoples' Rights v. Republic of Kenya, Para 179
"Communication 276/03 - op. cit, para 241.
69 Application No. 006/2012 African Commission
70 Communication 276/03 - op. cit., para 246
Land Peoples Rights v. Kenya, para 180.
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71 Communication 276/03 - op. cit., para 2
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