other sections of the national community, mainly because of their special relationship with their axicest-ral land, and because they regulate themselves, at least partially, by their own norms, customs, and traditions." 121. The UN Pane] on Indigenous Peoples also stated that "or: an individual basis, on indigenous person is one who belongs to these indigenous populations through selfidentificrztion as indigenous (group consciousness) and is recognized and accepted by these populations as one of its members (nccepfrmce by the group). This preserves for these connnunities the sovereign right and power to decide who belongs to them, without externnl inferference".2'* 122. In the present Communication, it appears from the documents and testimonies available to the Commission that the Batwa community identifies itself as a distinct social and cultural entity and "considers itself as a distinct people sharing a unique common history, ethnicity, culture and religion as a traditional people living in the forest". Moreover, other non-Batwa groups recognise, accept and identify them by their culture and physical traits. 123. The Batwa have built a special relationship with their ancestral lands in the Kahuzi-Biega forest based on a spiritual and material life. For example, H. K., one of the Batwa expelled from Kahuzi-Biega, testifies: "Our life is conditioned by the presence of forest. It is important for us to have access to the park because that is where our hospital, food and place of worship are. I ] we used to hunt, look for yarns to make traditiorml loinclotlls and plates, collect jirewood, yams and fruit. »25 124. In view of the above, the Commission, relying also on its jurisprudence in the Enrforois case, as well as that of the African Court on Human and Peoples' Rights in the Ogiek case, considers that the Batwa people, as presented in the documents produced by the Complainants, have the characteristics of an indigenous, and therefore primitive, people. As such, its existence, in all its aspects, is linked to the environment of this area, which has been declared a national park. Thus, its eviction from this area without resettlement, if proven, constitutes a general infringement of its right to existence, as set out in the violations alleged by the Complairiants, which they are entitled to bring before the Commission. za InterAmerican Court of Human Rights, case of the Soromoko People v. Suriname, Judgement of November 28,2007,para79 "Report of the UN Special Rapporteur o_Lthe SubCommission on Prevention of Discrimination and Protection of Minorities on the Study; 381 & 382. ZS Voir Déclaration sous serment c thegqobiem of discrimination against Indigenous People, para