A/HRC/19/56/Add.1 field, that they are provided with effective remedies in that regard and that they take part in public affairs” (CCPR/C/RWA/CO/3, para. 22). 1. Identity 54. Batwa representatives emphasize their ethnic and cultural distinctiveness. 28 It was noted by Batwa NGOs that Batwa have distinctive dialects and intonation comprehensible only to other Batwa, and unique elements of culture and customs. In contrast to the Government‟s official version of the country‟s ethnic history, Batwa historical narrative maintains that they were the original inhabitants of Rwandan forests following huntergatherer subsistence livelihoods. As other ethnic groups encroached onto their territories bringing livestock farming and cultivation, the Batwa were forced to move to ever more remote areas of forest. In the modern era, widespread subsistence and commercial agriculture, national parks and tourism development have forced Batwa to leave the remaining areas of forest which they occupied. 55. Community representatives in the vicinity of Musanze near the Volcanoes National Park stated that they were forced from the forests to areas on the lower slopes of the volcanoes after 1994. Some community members stated that they wished to return to the forest and traditional hunter-gatherer ways of life, but could no longer access the forests and their forest-based food and medicinal sources. The distinct hunter-gatherer identities of the Batwa and their deep knowledge of the forests have undoubtedly been lost by new generations. 56. NGOs working on Batwa rights note that, after the 2003 Constitution and the legislation and national policy which followed came into force, they faced accusations of “divisionism” when using the term Batwa, making claims for distinct Batwa identity or advocating for Batwa rights as such. 57. In 2011, the Committee on the Elimination of Racial Discrimination expressed regret at the Government‟s policy of not recognizing the Batwa community as an indigenous people (CERD/C/RWA/CO/13-17, para. 11). The African Peer Review Mechanism of the African Union produced a country report in November 2005,29 which stated: “with respect to the Batwa minority, the approach adopted by the authorities was based on a policy of assimilation. There appears to be a desire to obliterate distinctive identities and to integrate all into some mainstream socio-economic fabric of the country”. The Government was called upon to initiate an in-depth dialogue with the Batwa. 58. The Government stated in response that, “the Batwa community continues to have a disproportionate number of vulnerable members, and seem not to benefit sufficiently from the ongoing social economic integration of all Rwandans … the Government has never had a policy of assimilation, since that is comparable to socio-cultural genocide ... it is clear that a targeted response to their specific problems is recommended and shall be reflected in the plan of action”.30 2. Housing, land and income 59. In most Batwa communities visited by the independent expert, housing conditions were far below minimum standards and frequently not suitable for human habitation. 28 29 30 The independent expert visited Batwa communities near Kigali, Musanze in the Northern Province and outside Butare in the Southern Province. African Peer Review Mechanism, “Country Review Report of the Republic of Rwanda”, November 2005, p. 62. Ibid., p. 52. 15