I I I 135. The Commission reiterated in the Communication Forum of Consriifnir v Sierra Leone that the right to life is the fulcrum of all other rights; it is the fountain through which other rights flow and that any violation of this right without due process amounts to arbitrary deprivation of life.*I The UN Human Rights Committee emphasises that the right to life "concerns the entitlement of individuals to be free from acts and omissions that are intended or may be expected to cause their unnatural or premature death, as well as to enjoy a life with dignity".32 136. The definition of indigenous people shows that this category of the population is distinguished by its umbilical relationship with its living environment. This being the case, the Commission notes that the link between the mass eviction of an indigenous people from their living environment, without adequate remedy, and their right to life is particularly narrow, given that this is a non-derogable right under international law.33 137. As a result, if indigenous peoples arc displaced without resettlement under the same living conditions, their lives are threatened. For instance, in Ynkyc Axn v. Paraguay, the Inter-American Court ruled that the consequence of the eviction of indigenous peoples from their ancestral lands could constitute a violation of Article 4 (right to life), if the community's living conditions are incompatible with the principles of human dignity.*! lt thus incorporated the right to life into the elements of "pul1Ii¢ illl4'r1'sl" in its jurisprudence. 138. In the Endorois case, the Commission concluded that one of the obligations that the State must respect as guarantor in order to protect and ensure the right to life is to create minimum living conditions compatible with the dignity of the human person and not to create conditions that prevent or impede such dignity. It insisted that in this regard, the State has a duty to take positive and concrete measures to realise the right to life, especially in the cam of vulnerable and exposed persons, whose protection becomes of high priority." ax Communication 223/98 Forum of Consci¢nce v. Sierra Leone (2000) ACHPR Para 20. az UN Human Rights Committee General Comment No. 36 on Article 6 of the International Covenant on Civil and political Rights, para 3 33 See General Comment No. 3 on the African Charter on Human and Peoples' Rights on the right to life (Article 4), para 1 u Interamerican Court of Human Rights, case of Yak ye Axa Indigenous Community v. Paraguay, Judgement of June 17, 2005; para 160 178 . as Communication 276/03 - op. cut., para "/,QlU*£. =.\ `\ . / ,\¢a~=£'»t.av ...A , ex J l ° 472 . I . /. .l l if .:7 1 ¢ " "._., . , . . . u . . O I I

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