survival. In other words, the right to use and enjoy the territory would be meaningless for indigenous and tribal communities if that right were not connected to the protection of natural resources in the territory. Therefore, the protection of the territories of indigenous and tribal peoples also stems from the need to guarantee the security and continuity of their control and use of natural resources, which in turn allows them to maintain their way of living. This connection between the territory and the natural resources that indigenous and tribal peoples have traditionally used and that are necessary for their physical and cultural survival and the development and continuation of their worldview must be protected under Article 21 of the Convention to ensure that they can continue their traditional way of living, and that their distinctive cultural identity, social structure, economic system, customs, beliefs and traditions are respected, guaranteed and protected by the States.159 147. Furthermore, lack of access to their territories may prevent indigenous communities from using and enjoying the natural resources necessary to ensure their survival, through their traditional activities;160 or from having access to their traditional health systems and other socio-cultural functions, thereby exposing them to poor or infrahuman living conditions and to increased vulnerability to diseases and epidemics, and subjecting them to situations of extreme vulnerability that can lead to the violation of various human rights, as well as causing them suffering and jeopardizing the preservation of their way of life, customs and language.161 B.2 The special relationship of the Sarayaku People with their territory 148. In order to determine the existence of a relationship between indigenous peoples and communities and their traditional lands, the Court has established: (i) that this relationship can be expressed in different ways depending on the indigenous group concerned and its specific circumstances, and (ii) that the relationship with the land must be possible. The ways in which this relationship is expressed may include traditional use or presence, through spiritual or ceremonial ties; sporadic settlements or cultivation; traditional forms of subsistence such as seasonal or nomadic hunting, fishing or gathering; use of natural resources associated with their customs or other elements characteristic of their culture.162 The second element implies that Community members are not prevented, for reasons beyond their control, from carrying out those activities that reveal the enduring nature of their relationship with their traditional lands.163 149. In this case, the Court notes that there is no doubt regarding the Sarayaku People’s communal ownership of their territory, which is exercised in a time-honored and ancestral manner. This was expressly recognized by the State by the award made on May 12, 1992 (supra para. 61). Nevertheless, in addition to the considerations in the chapter on the facts of the case (supra paras. 51 to 57), the Court considers it pertinent to emphasize the profound cultural, intangible and spiritual ties that the community has with its territory, in order to understand more fully the harm caused in this case. 150. Sabino Gualinga, Yachak of Sarayaku, stated during the public hearing that “Sarayaku is a living land, a living forest; it contains medicinal trees and plants, and other types of beings.”164 Previously, he had indicated: 159 Cf. Case of the Yakye Axa Indigenous Community v. Paraguay, Merits, reparations and costs, paras. 124, 135 and 137, and Case of the Sawhoyamaxa Indigenous Community v. Paraguay, paras. 118 and 121. 160 Cf. Case of the Yakye Axa Indigenous Community v. Paraguay, Merits, reparations and costs, para 164. 161 Cf. Case of the Sawhoyamaxa Indigenous Community v. Paraguay, paras. 73.61 to 73.74, and Case of the Xákmok Kasek Indigenous Community v. Paraguay, paras. 205, 207 and 208. 162 Cf. Case of the Yakye Axa Indigenous Community v. Paraguay, Merits, reparations and costs, para. 154, and Case of the Xákmok Kásek Indigenous People v. Paraguay, para. 113. 163 Cf. Case of the Sawhoyamaxa Indigenous Community v. Paraguay, para. 132, and Case of the Xákmok Kásek Indigenous People v. Paraguay, para. 113. 164 Testimony provided by Sabino Gualinga before the Court during the public hearing held on July 6, 2011. 37