DRC: Respecting indigenous peoples’ rights ruled key in fighting climate crisis

The ruling recognizes Batwa as the best guardians of biodiversity and calls for their return to their land.

‘This is a huge win for the climate justice movement,’ says Samuel Ade Ndasi, African Union Litigation and Advocacy Officer at Minority Rights Group (MRG). ‘The decision negates the idea that solving the climate crisis requires displacing indigenous communities and seizing their lands. Instead, it sets a strong precedent that recognizes the value of indigenous traditional knowledge and environmental and biodiversity conservation practices. From this point forward, no indigenous community should be evicted in the name of conservation anywhere in Africa.’

In the 1970s Batwa were violently expelled from their homes and dispossessed of their ancestral lands to pave way for the creation of the PNKB. They were forced into decades of grinding impoverishment, severe discrimination, landlessness and skyrocketing mortality in informal settlements on the outskirts of the park. In the two devastating decades after expulsion, the number of Batwa expelled from the park fell from an estimated 6,000 to just 3,000.

In 2022, an MRG investigation documented a three-year campaign of organized violence by park authorities and Congolese soldiers to expel Batwa who had returned to their lands in 2018, resulting in the death of at least 20, group rape of at least 15 and forced displacement of hundreds.

The case, brought by MRG and Environnement, Ressources Naturelles et Developpement (ERND) on behalf of the Batwa community, highlighted the continual violent evictions and human rights abuses suffered by the Batwa community was filed at the African Commission in 2015, after five years of fighting for redress in the DRC’s domestic legal system to no avail.

Joséphine M’Cibalida, a Batwa community member, shares her experience: ‘While we were hunting, state agents invaded our community and burned down our homes, leaving us homeless and destitute. We lost everything, including our dignity as human beings. This ruling brings us hope that we will receive justice for the harm done to us.’

For the first time ever, the Commission’s ruling specifically recognizes an indigenous people’s crucial role in safeguarding the environment and biodiversity. It found that conservation models excluding indigenous peoples from their lands are not effective for fighting climate change in Africa.

Key recommendations from the Commission to the DRC government include:

Jean-Marie Bantu Baluge, ERND spokesperson says: ‘Reclaiming the rights of indigenous peoples to their ancestral lands and resources is paramount to their survival and in protecting biodiversity. The Commission’s Decision offers a lifeline to the Batwa people and other indigenous communities in the Congo Basin who have been battered for over half a century in the name of conservation.’

MRG’s 2022 investigation also found that international supporters of the PNKB, such as the German and US governments and the global conservation organization, Wildlife Conservation Society, may be complicit in these crimes – including in violating a UN Security Council arms embargo.

The African Union has fully endorsed the Commission’s Decision. Both the Executive Council and the Assembly approved it during their Ordinary Sessions held in February 2023 in Addis Ababa, Ethiopia. However, its publication was delayed by months. MRG received a copy of a corrigendum to the Decision, containing important clarifications in late June 2024. The corrigendum will be made available on the African Commission’s website in due course.

For more information, please contact the MRG press office.