Human Rights in Yakye Axa v. Paraguay106 and the African Commission on Human Rights in Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v. Kenya,107 that an IP’s land is the foundation of the integrity of its culture, spirituality, and economic survival, and of posterity’s heritage. The effect of displacement is to break up the collective, consequently abrading the exercise of culture which may be exercised only by a community, and further hampers the exercise of self-determination enshrined in Article 1 of both the UNIESCR and the UNICCPR, as well as Article 3 of the UNDRIP and IPRA. 105. Reference is made to Dann v. United States108 where the Inter-American Commission on Human Rights pronounced that the “continued utilization of traditional collective systems for the control and use of territory are in many instances essential to the individual and collective well-being and, indeed, the survival of, IPs, and that control over the land refers both to its capacity for providing the resources which sustain life, and to the geographic space necessary for the cultural and social reproduction of the group.” With the evacuation of Lumad from their ancestral domains, they lose that geographic space required for the perpetuation of their collective identity. 106. Evacuation for reasons introduced by different outside forces is displacement which, if not addressed by the State, is tantamount to denying protection to the Lumad’s practices and characteristics to preserve their cultural identity, a treaty obligation under Article 27 of the ICCPR109 and guaranteed under IPRA, which provides that “(t)he State shall respect, recognize and protect the right of ICCs/IPs to preserve and protect their culture, traditions and institutions.” Culture of Impunity for Abuses 107. Perpetrators of sexual abuses of women and burning of schools have yet to be made accountable. The continued failure on the part of the State to prosecute this promotes impunity. 108. It has also been reported that the Alamara have been harassing Lumad. As earlier pointed out, despite military denials of links with paramilitaries, HR groups and international fact-finding missions believe otherwise. During the hearings, testimonies credibly established a connection between the military and Alamara as far as fighting the NPA is concerned. 109. The Melo Commission, created by Administrative Order 167 issued by Pres. Arroyo in 2006 to investigate the killings of journalists and activists, did not 106 Indigenous Community Yakye Axa v. Paraguay, 2005 Inter-Am. Ct. of H.R. (ser. C), para. 131. 107 African Commission on Human Rights, 276/03: Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) / Kenya. 108 Dann v. United States, Case 11.140 (United States) Inter-Am. C.H.R., Report No. 75/02, OEA/Ser.L./V/II.117, doc. 1 rev. 1, para. 128 (2003). 109 Yanomami v Brazil, Case No. 7615 (Brazil), Inter-Am. C.H.R., Res. No. 12/85 (Mar. 5, 1985), O.A.S. Doc. OEA/Ser.L/V/II.66, doc. 10 rev. 1, at 24 (1985). 25