40 their lands, territories, and natural resources, States have a duty to provide certain guarantees.221 First, the Court has pointed out that States must comply with the requirements established for instances of expropriation in Article 21 of the American Convention. As the Court has explained, the protection of the right to property under Article 21 of the Convention is not absolute […] Although the Court recognizes the interconnectedness between the right of members of indigenous and tribal peoples to the use and enjoyment of their lands and their right to those resources necessary for their survival, said property rights, like many other rights recognized in the Convention, are subject to certain limitations and restrictions. In this sense, Article 21 of the Convention states that the “law may subordinate [the] use and enjoyment [of property] to the interest of society.” Thus, the Court has previously held that, in accordance with Article 21 of the Convention, a State may restrict the use and enjoyment of the right to property where the restrictions: a) previously established by law; b) necessary; c) proportional, and d) with the aim of achieving a legitimate objective in a democratic society.222 (i)(b) Not a threat to the indigenous people’s survival The second binding requirement on States is to ensure that the authorization of a project in ancestral indigenous territories does not affect the survival of the indigenous or tribal people concerned in accordance with its traditional way of life. As the Inter-American Court has stated, “another crucial factor to be considered is whether the restriction amounts to a denial of their traditions and customs in a way that endangers the very survival of the group and its members.”223 As the Court pointed out in its interpretation judgment in the Saramaka case, the notion of “survival” is not to be equated with mere physical subsistence but “must be understood as the ability of the Saramaka people to “preserve, protect and guarantee the special relationship that [they] have with their territory” so that “they may continue living their traditional way of life, and that their distinct cultural identity, social structure, economic system, customs, beliefs and traditions are respected guaranteed and protected (…). That is, the term ‘survival’ in this context means more than mere physical survival.”224 Likewise, for the IACHR “the term ‘survival’ does not refer only to the obligation of the State to ensure the right to life of the victims, but rather to take all 124. 221 As discussed below, these rights and duties have been established in, among others, the following cases: I/A Court H.R., Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Preliminary Objections. Judgment of February 1, 2000; I/A Court H.R., Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of March 29, 2006. Series C No. 146; I/A Court H.R., Case of the Saramaka People. v. Suriname. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 28, 2007 Series C No. 172; I/A Court H.R., Case of Kichwa Indigenous People of Sarayaku v. Ecuador, Merits and Reparations. Judgment of June 27, 2012. Series C No. 245. 222 I/A Court H.R. Case of the Saramaka People v. Suriname. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 28, 2007. Series C No. 172, paragraph 127. I/A Court H.R. Case of the Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and Reparations. Judgment of June 27, 2012. Series C No. 245. para. 156. 223 I/A Court H.R. Case of the Saramaka People v. Suriname. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 28, 2007. Series C No. 172, paragraph 128. I/A Court H.R. Case of the Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and Reparations. Judgment of June 27, 2012. Series C No. 245. para. 156. 224 I/A Court H.R. Case of the Saramaka People v. Suriname. Interpretation of the Judgment on Preliminary Objections, Merits, Reparations, and Costs. Judgment of August 12, 2008 Series C No. 185, para. 37.