39/67 Report of the open-ended intergovernmental working group on a United Nations declaration on the rights of peasants and other people working in rural areas - Note by the Secretariat



Human Rights Council Thirty-ninth session

10–28 September 2018

Agenda item 5

Human rights bodies and mechanisms

Report of the open-ended intergovernmental working group on a United Nations declaration on the rights of peasants and other people working in rural areas*

Note by the Secretariat

The Secretariat has the honour to transmit to the Human Rights Council the report of

the open-ended intergovernmental working group on a United Nations declaration on the

rights of peasants and other people working in rural areas, submitted pursuant to Council

resolution 36/22.

* The annexes to the present document are reproduced as received, in the language of submission only.

United Nations A/HRC/39/67

Contents

Page

I. Introduction ................................................................................................................................... 3

II. Organization of the session ........................................................................................................... 3

A. Election of the Chair-Rapporteur .......................................................................................... 3

B. Adoption of the agenda and organization of work ................................................................ 3

C. Opening statements ............................................................................................................... 4

III. Panel discussion ............................................................................................................................ 4

IV. General statements ........................................................................................................................ 4

V. Reading of the draft declaration .................................................................................................... 7

VI. Concluding remarks ...................................................................................................................... 16

VII. Conclusions and recommendations of the Chair-Rapporteur ........................................................ 17

A. Conclusions .......................................................................................................................... 17

B. Recommendations ................................................................................................................. 17

Annexes

I. List of participants ......................................................................................................................... 19

II. Summary of statements by panellists ............................................................................................ 20

III. List of concrete suggestions .......................................................................................................... 22

IV. Additional explanations provided by experts ................................................................................ 54

I. Introduction

1. The open-ended intergovernmental working group on a United Nations declaration

on the rights of peasants and other people working in rural areas, established by Human

Rights Council resolution 21/19, has a mandate to negotiate, finalize and submit to the

Council a draft declaration on the rights of peasants and other people working in rural

areas. In its resolution 36/22, the Council decided that the working group should hold its

fifth annual session before its thirty-eighth session and requested it to submit an annual

report on the progress made to the Council and to the General Assembly for their

consideration.

2. The fifth session of the working group was held from 9 to 13 April 2018. In her

opening statement, the Deputy High Commissioner for Human Rights commended the

leadership of the Chair-Rapporteur of the fourth session, Ambassador Nardi Suxo Iturry, in

consulting with a wide range of stakeholders and reflecting their views on the revised draft

declaration (A/HRC/WG.15/5/2). She stated that over five years of diligent effort, the draft

had been built on existing international standards relevant to the rights of peasants and

other people working in rural areas and principles and guidelines adopted by the Committee

on World Food Security and bodies of the Food and Agriculture Organization of the United

Nations (FAO), particularly the Voluntary Guidelines on the Responsible Governance of

Tenure of Land, Fisheries and Forests in the Context of National Food Security, among

others. The Deputy High Commissioner signalled that there was a sense of urgency for the

Working Group to finalize its work on the draft declaration to address the protection gap for

more than 1 billion people, who face discrimination and other challenges. Although small

farmers provided a high percentage of the food consumed locally, such as 80 per cent in

Asia and sub-Saharan Africa, 80 per cent of the world population who suffered hunger

lived in rural areas. Peasants and other people working in rural areas also faced challenges

in regard to access to land and other resources, as well as discrimination, particularly

against women. That situation was aggravated by globalization, free trade agreements and

patents over seeds, which eroded the ability of small-scale farmers to use or exchange their

own seeds, often indebting peasants by forcing exclusive purchase of those patented seeds.

The situation was further aggravated by climate change, which particularly affected those

who depend on the land. The 2030 Agenda for Sustainable Development would benefit all

if it was delivered based on human rights. That was particularly relevant for the situation of

peasants and other people working in rural areas who had been left behind, despite the

promise of the Universal Declaration of Human Rights. She concluded that the only way to

bring them in, was to stop leaving them out.

II. Organization of the session

A. Election of the Chair-Rapporteur

3. At its fifth session, the working group elected Luis Fernando Rosales Lozada

(Plurinational State of Bolivia), as its Chair-Rapporteur, on the nomination of the Group of

Latin American and Caribbean Countries, represented by Mexico.

B. Adoption of the agenda and organization of work

4. The agenda was adopted (A/HRC/WG.15/5/1).

5. The Chair-Rapporteur explained the modalities of the debate and noted that one of

the objectives of the session was to move progressively in order to achieve the highest level

of agreement possible. In order to achieve that, the Chair-Rapporteur encouraged

participants to make suggestions aimed at compromise language in those articles where

there were still concerns.

6. The Chair-Rapporteur stated that the Working Group would proceed with the

complete reading of the draft declaration and requested participants to provide specific

language on matters that still deserved attention. He noted that proposals received from

delegations and civil society organizations since the last session had been incorporated into

the revised text.

C. Opening statements

7. A statement was delivered by the representative of FAO, who referred to global

initiatives relevant to the rights of peasants, including the United Nations Decade of Action

on Nutrition, proclaimed in 2016. In her statement the FAO representative highlighted the

importance of peasants as key actors for sustainable and healthy food production and the

need to support small-scale production. Despite the huge contribution of peasants to food

security, they faced increasing levels of vulnerability, hence the need to strengthen their

protection. She emphasized that the draft declaration was linked to global goals, including

the Sustainable Development Goals and the Zero Hunger Challenge.

8. A video message from the President of the Agriculture, Rural Development and

Environment Section of the European Economic and Social Committee was also shown. He

highlighted the challenges faced globally by peasants and other people working in rural

areas, including in Europe, where small-scale labour-intense farming had been crowded out

by cheaper mass-produced products. He advocated that people in rural areas should have

their rights recognized in the same way as people living in cities and called on all

participants to support the draft declaration and its resolution.

9. The Chair-Rapporteur recalled the developments that had taken place since the

fourth session of the working group held in May 2017, including the meetings the previous

Chair-Rapporteur had held with various stakeholders during the intersessional period.

III. Panel discussion

10. The Chair-Rapporteur invited eight experts to contribute to the fifth session of the

working group: Million Belay, Ramona Duminicioiu, José Esquinas-Alcazar, Christophe

Golay, Diego Montón, Smita Narula, Yiching Song, and Ana Maria Suarez Franco.1 In an

initial panel discussion, five experts spoke of how the declaration would address challenges

such as the right to seeds, the rights of rural women, food sovereignty, collective rights and

the rights to land and to food.2

IV. General statements

11. The representative of the Bolivarian Republic of Venezuela, on behalf of the

Movement of Non-Aligned Countries, stressed that poverty eradication was the greatest

global challenge and that the rural population suffered disproportionally from poverty and

hunger, particularly in developing countries. Food security and nutrition were essential

aspects of sustainable development. High volatility in global food prices directly challenged

the right to food. The speaker reiterated the support of the Movement for the right to food

and the commitment to fight hunger and malnutrition and welcomed the efforts of the Chair

in finalizing the draft declaration.

12. The representative of the European Union highlighted the importance it attached to

the rights of peasants and shared its concern over significant inequalities with regard to the

full realization of all human rights, in particular economic, social and cultural rights,

between persons living in rural areas and persons living in urban areas. The speaker

expressed the commitment of the European Union to exploring various possibilities for

protecting the rights of peasants and other people working in rural areas, including through

1 Biographies of the experts are available on the website of the fifth session of the Working Group.

2 The summary of statements by panellists is reflected in annex II of the report.

development assistance to national efforts. Although the text of the revised draft declaration

had improved, divergent views persisted and problems in the text remained, including in

relation to notions of extraterritoriality, rights to seeds, land and the means of production,

food sovereignty and biodiversity. The speaker expressed concern about creating new rights

in a non-binding document and stated that as a whole, the European Union was not in a

position to support the draft declaration in its current version.

13. On behalf of the African Group, the representative of Togo expressed the

commitment of the Group to the rights of peasants, as small family farmers were the

backbone of development in Africa and African women were major contributors to food

production and food security. The draft declaration recognized the historical and persistent

discrimination suffered by peasants, and the vulnerability of family farmers due to

globalization.

14. The representative of Guatemala stated that combating rural poverty was a national

priority. However, it was regrettable that the revised draft did not include proposals put

forward in the previous session. The speaker expressed reservations on the totality of the

text.

15. The representative of Mexico noted the references to food sovereignty in the draft

declaration. The speaker emphasized that peasants should be defined by their vulnerability

and not by their economic activity and reiterated the need to avoid duplication with existing

instruments.

16. The representative of the Russian Federation stressed the support of the country for

the process of drafting the declaration, which should seek consensus, particularly on new

rights. The speaker welcomed the revised draft but cautioned against extrapolating existing

standards to other groups.

17. The representative of Paraguay recognized that improvements had been made to the

draft text and called for the challenges and barriers faced by peasants within the existing

human rights framework to be addressed.

18. The representative of Uruguay focused on the importance of guaranteeing the full

enjoyment of human rights for all, without discrimination, including for peasants and other

rural workers. The speaker reaffirmed the position of Uruguay that the draft declaration

should focus on the implementation of existing human rights, aiming to reduce the current

disparities between the countryside and the cities regarding the enjoyment of human rights.

In addition, it shared concerns about some of the concepts included in the draft declaration,

such as food sovereignty, the right to land and the right to natural resources, considering

that those were part of discussions in other forums and could create confusion in the

negotiations on the draft declaration.

19. The representative of the Republic of Korea highlighted the support of the country

for the rights of peasants through policies and programmes to improve life in rural areas.

The speaker stated that some articles of the draft declaration might be in conflict with

domestic laws and international obligations, and would require further review.

20. The representative of South Africa stated that the country attached the highest

priority to the rights of peasants and had implemented programmes on land reform, training

and skills development, socioeconomic transformation, job creation and food security. The

human person, including peasants and other people working in rural areas, was an essential

subject for development and should be an active participant and beneficiary of the right to

development, a fundamental human right.

21. The representative of India noted the improvements to the revised draft, however

key issues required broad-based consensus, including the definition of peasants, their rights

and the obligations of States, traditional knowledge and extraterritoriality. The inclusion of

proposals by delegations would allow for wider support for effective implementation of the

rights of peasants.

22. The representative of Peru stated that the country attached importance to the

negotiation of the draft declaration and noted that suggestions had been incorporated into

the text. National particularities and legal systems should be taken into account, in order to

guarantee the rights of peasants.

23. The representative of Iraq emphasized the importance of the draft declaration and

commended the particular focus on rural women in the revised text.

24. The representative of Egypt endorsed the statements of the African group and the

Movement of Non-Aligned Countries, supporting the mandate of the Working Group. The

speaker welcomed the improvements in the draft and hoped that consensus would be

achieved.

25. The representative of Ecuador endorsed the statement of the Movement of Non-

Aligned Countries and expressed support for the process. The draft had evolved and the

references to women and girls were particularly welcome. The declaration would fill a

protection gap in human rights law.

26. The representative of the Bolivarian Republic of Venezuela emphasized the

importance of the declaration in fulfilling obligations, including the right to development

and the right of peasants to land.

27. The representative of the Plurinational State of Bolivia stressed the importance of

the draft declaration and called for an open, transparent and constructive process in order to

achieve consensus.

28. The representative of Switzerland commended the inclusive process and considered

the current draft to be a good basis for a consensus.

29. The representative of Cuba encouraged Member States and civil society

organizations to support the process and tackle extreme poverty in rural areas. The speaker

expressed support for the process.

30. The representative of Argentina stated that the country would make available

specific comments on concerns that had previously been expressed.

31. The representative of Portugal was encouraged by the revised draft and hoped that it

would be finalized at the present session, leading to consensus at the Human Rights

Council. The draft declaration, when adopted, would contribute to better supporting the

lives of peasants and rural workers, including women and children, inter alia by raising

awareness, in particular of Governments, of the need to fully respect their human rights

without discrimination and on an equal basis with the human rights of all other human

beings. The speaker stated that Portugal welcomed the fact that the Lisbon Charter for the

Strengthening of Family Farming (February 2018) foresaw the commitment of the

Community of Portuguese Language Countries and of its member States to taking an active

role in the negotiations on the adoption of the draft declaration. The speaker thanked civil

society, in particular peasants’ organizations, for their valuable contributions throughout the

process.

32. The representative of Indonesia highlighted its recognition of the right to land and

made reference to the current visit of the Special Rapporteur on the right to food. The

speaker also highlighted the importance of further discussing food sovereignty, vulnerable

groups and other concepts.

33. The representative of Panama expressed support for the process and welcomed the

active participation of civil society.

34. The representative of the United Kingdom of Great Britain and Northern Ireland

endorsed the statement of the European Union and stated that the United Kingdom did not

recognize collective rights, with the exception of the right to self-determination.

35. The representative of the United States of America stressed that the Human Rights

Council was not the appropriate forum for issues covered by the draft declaration. Human

rights were to be enjoyed individually but not collectively, as granting collective rights

might trump individual rights. The speaker stated that the United States therefore

disassociated itself from the working group and its conclusions.

36. The representative of FIAN International stated that the draft declaration sought to

address the systemic discrimination against peasants and other people working in rural

areas, making a critical contribution to the protection of their rights. The draft declaration

would provide critical guidance on the promotion and protection of the rights of peasants

and other people working in rural areas. It was important to recognize the collective

character of peasants, as land displacement affected communities as a whole. Collective

rights did not clash with the individual enjoyment of rights but rather complemented them.

37. The representative of Via Campesina Asia commended the inclusive process and

highlighted the importance of the declaration.

38. The representative of Centre Europe — Tiers Monde recalled the historic

background of the process of transparent negotiations, welcomed the revised draft and

called for its urgent adoption. The speaker called for stronger references to some issues,

including food sovereignty.

39. The representative of the World Alliance of Mobile Indigenous Pastoralists

expressed support for the Declaration and called for an agreement.

40. The representative of the International Union of Food, Agricultural, Hotel,

Restaurant, Catering, Tobacco and Allied Workers’ Associations stated that the draft

declaration would complement standards aimed at ending discrimination and called for

child labour to be further integrated into the text.

41. The representative of the International Indian Treaty Council welcomed the revised

draft, called for its urgent adoption and stated that it would improve the legal framework for

the rights of peasants, which still faced protection gaps.

42. The representative of Via Campesina Europe emphasized the support or the

organization for the draft declaration, for which it had presented comments.

43. The representative of Via Campesina Latin America called for the urgent adoption

of the draft declaration, which would be a useful tool for Member States.

44. The representative of Via Campesina Africa called on the Human Rights Council to

send a strong political signal by adopting the draft declaration.

V. Reading of the draft declaration

Preamble

45. The Chair introduced the preamble and made reference to the difficulties facing

peasants worldwide. The majority of interventions by States requested that the terms “food

sovereignty” and “Mother Earth” be retained, as those concepts had been recognized at the

international level, including by the General Assembly, and at the regional and national

levels. Some delegations supported the preamble and suggested including a reference to the

Convention on the Rights of Persons with Disabilities. One international organization made

a concrete language proposal on child labour, which was supported by delegations. A

number of delegations made written comments which are summarized in annex III below.

Experts called for the concept of food sovereignty to be retained, welcomed the additional

reference to the Convention on the Rights of Persons with Disabilities and the proposal to

address rural-urban migration. An expert suggested the need to protect diversity, as

uniformity was a threat. Experts also supported the reference to Mother Earth, as it had

been recognized in United Nations instruments and texts. Civil society organizations

supported the preamble as it stood and also supported the reference to Mother Earth.

Article 1. Definition of peasants and other people working in rural

areas

46. There were no major objections to the content of article 1, however delegations and

civil society made concrete suggestions on language. One delegation suggested changing

the title and replacing the references to “people” throughout the text with “persons”, except

in the case of “indigenous peoples”. Some delegations requested that the mention of people

be retained. While one delegation expressed its reservation about the mention of migrant

workers “regardless of their legal status”, another argued that the reference was in line with

the International Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families, which was supported by other delegations and civil society.

One expert said that “legal status” could be replaced by “migratory status” in line with

relevant resolutions of the Human Rights Council and the General Assembly. Experts and

civil society organizations supported the reference to “peoples” and emphasized that

“people” was simply the plural of “person” and as such it did not capture peasants as a

group. Reference was made by delegations and civil society organizations to other groups

in regional contexts. Civil society organizations also stressed the importance of the rights of

peasants in order to counter historical stigmas, including against peasant women. Some

delegations suggested adding other categories, such as traditional and local communities.

Article 2. General obligations of States

47. Article 2 as most recently revised, was welcomed by delegations. Other language

proposals are contained in annex III below. While some delegations endorsed the article in

its present form, others suggested replacing “shall” with “may” in one of its provisions,

which was opposed by other delegations and civil society experts, who noted that “shall”

was the appropriate language used in other similar international instruments, such as the

United Nations Declaration on the Rights of Indigenous Peoples. A number of delegations

also made language proposals. A proposal to delete the word “promptly” in article 2 (1)

was opposed by experts, who stressed that steps to realize economic, social and cultural

rights must be taken immediately as clarified in general comments of the Committee on

Economic, Social and Cultural Rights.

48. With regard to article 2 (4), one delegation highlighted concern about the current

draft, while another delegation suggested adding “relevant” before “international

agreements”, which was supported by one delegation and civil society organizations.

Another delegation proposed a compromise to move the text of article 2 (4) to the preamble

of the draft declaration. Experts and civil society organizations argued for retaining article 2

(4) as it was, as it was an expression of the primacy of international human rights law,

based on Article 103 of the Charter of the United Nations, to be read in conjunction with

articles 55 (c) and 1 (3) and the preamble. Civil society organizations also suggested adding

language to the paragraph to highlight its application to peasants and other people working

in rural areas.

49. One delegation suggested language for paragraph 6 (d) and also proposed a new

paragraph on the obligations of peasants to respect the environment. Experts cautioned

against the proposal, emphasizing that this article was about the obligations of States to

respect, protect and fulfil human rights and the obligations of non-State actors had been

removed from the draft. They also suggested that the relationship between peasants and the

environment had been adequately covered in the preamble of the text. Some civil society

organizations welcomed the proposal for a new paragraph, while others reminded

participants of the role of peasants in the sustainable use of the environment, calling them

guardians of the environment.

Article 3. Equality and non-discrimination, and right to development

50. There were no major objections to the content of article 3. Some delegations and

civil society organizations made concrete suggestions on language. One delegation

highlighted the importance of sustainable development and stated that the right to

development did not mean peasants were entitled to cut down pristine forests to cultivate

the land. In that context, it suggested adding a reference to sustainability in line with the

2030 Agenda for Sustainable Development. One delegation stated that it did not have a

common position on the right to development. Another delegation suggested that the title of

article 3 should reflect the fundamental principles of human rights, namely equality, non-

discrimination, transparency, dignity, inclusion, equity, participation and accountability,

and also proposed additional language for it. One delegation noted that the criteria of

discrimination listed in article 3 went beyond agreed United Nations language and

suggested that an exhaustive list was not necessary. Another delegation suggested that

article 3 should use agreed language. One civil society representative called for the

insertion of “caste” after race in article 3 (1).

Article 4. Rights of peasant women and other women working in rural

areas

51. There were no major objections to the content of article 4 but delegations and civil

society made concrete language suggestions. After elaborating on the role of women in

ensuring food security and agricultural development, one delegation called for their

recognition and empowerment and suggested concrete language. Other delegations also

proposed language under article 4 (2) (a), calling for greater participation of rural women in

decision-making. One delegation suggested language deletion under article 4 (2) (b)

proposing that “information, counselling and family planning” could include abortion and

similar actions that were not in line with the interests of peasants. One delegation explained

that natural resources were public property under the law of its country.

52. Speakers for civil society voiced their support for this article. One civil society

representative stated that article 4 reflected language from the Convention on the

Elimination of All Forms of Discrimination against Women. Another civil society

representative highlighted the importance of women’s right to property, including the

inheritance of agricultural land and homes, and suggested language for that purpose.

Article 5. Right to natural resources

53. The article benefited from a general discussion and language suggestions by

delegations and civil society. One delegation suggested that the title of the article be

changed, replacing “right to” with “access to”, which was endorsed by another delegation.

The same delegation spoke out against the creation of new human rights. Another

delegation suggested merging article 5 with article 17, which was also relevant to natural

resources.

54. The experts also reacted to the suggestions put forward on article 5. One expert

recalled that prior and informed consent had been removed from the draft, as some States

had objected, so systematic interpretation was necessary in the light of the compromise

made. The Convention on Biological Diversity and other guidelines and general comments

of treaty bodies should guide the management of natural resources. Peasants contributed to

the protection of the environment and biodiversity, rather than disrupting them. One expert

referred to the issue of national specificity and suggested that it was addressed by article 28

(2), which should be read in conjunction with other articles. Experts called for a reference

to “right to”, instead of “access”. They argued that “right” carried more weight than

“access” and allowed for legal and non-legal recourse. Other documents, such as the FAO

Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and

Forests in the Context of National Food Security, had been adopted by consensus, using the

term “right” more than 200 times.

55. Civil society representatives argued that article 5 should be kept as it currently

stood, along with its title. In that connection, a civil society representative suggested that

the article established a framework for international cooperation. Another civil society

representative highlighted the rights of pastoralists, fishermen and peasants to natural

resources, which were necessary for development in harmony with nature and were critical

for their survival and the survival of the environment. A civil society representative

underlined the importance of article 5 to guaranteeing access to land and natural resources

for small farmers, as present legislation does not protect peasants from land-grabbing.

Another civil society representative seconded the expert’s observation that the current text

was in line with the FAO Voluntary Guidelines.

56. Following the suggestion by one delegation that an emphasis on the responsibilities

of peasants along with their rights be added to the text, one expert suggested that the term

“sustainable use” of natural resources be used and agreed that the problems of sustainable

management of natural resources were related to large-scale companies rather than

peasants. Along the same lines, civil society representatives supported the Chair’s text and

pointed out that, historically, peasants and other people working in rural areas had made use

of natural resources in a sustainable manner. Another representative requested clarification

regarding the term sustainable development, of which peasants were guarantors, not to be

confused with the right to development.

Article 5 (1)

57. One delegation suggested language, which is set out in annex III. Another delegation

also suggested deleting the excessive “have” and “to” (under “have the right to have access

to”) in the first line. No other delegations raised concerns about this paragraph.

Article 5 (2)

58. One delegation put forward language proposals, since not all exploration should be

subject to impact assessment and the text should be in line with article 41 of the Convention

on Biological Diversity. Another delegation requested clarification on the “management of

resources” and “benefits of development” and whether these were in line with agreed

language, for example in the Convention on Biological Diversity. One delegation also

pointed out that “any exploitation” was not in line with paragraph 1 on the management of

natural resources and proposed using “sustainable exploitation” instead. Another delegation

made language proposals to avoid restrictive language in order to give more flexibility to

States.

Article 5 (2) (a)

59. Delegations suggested language, which is contained in annex III.

Article 5 (2) (b)

60. One delegation proposed that a reference be added to the International Labour

Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169), which

contains the requirement of free, prior and informed consent; the proposal was supported by

experts. Another delegation countered the proposal, as the State obligation on consultation

was contained in article 2 (3). No other delegations raised concerns about this paragraph.

Article 5 (2) (c)

61. One delegation pointed out that this subparagraph goes beyond the provisions under

the Convention on Biological Diversity, which does not refer to sharing of the benefits. No

other delegations raised concerns about this article.

Article 6. Right to life, liberty and security of person

62. Only one delegation took the floor, suggesting that the title of the article be changed

to “Right to life, liberty, security of person and enjoyment of fundamental freedoms”. The

same delegation also suggested that a cross-reference to article 13 (5) could be made after

the reference to human trafficking in article 6 (2).

Article 7. Freedom of movement

63. There were no major objections to the content of article 7. One delegation suggested

that the list proposed in article 7 (2) was not necessary, as it repeated the definition under

article 1. The same delegation also suggested deleting article 7 (3). One expert pointed out

that such a list was relevant, as freedom of movement was particularly important for the

specific groups mentioned in article 7 (2) and suggested that the text reflect agreed

language, including from the FAO Voluntary Guidelines. Other civil society representatives

suggested adding a paragraph on the security of land rights defenders.

Article 8. Freedom of thought, opinion and expression

64. No comments were made.

Article 9. Freedom of association

65. No comments were made.

Article 10. Right to participation

66. Delegations and civil society voiced their support for the current version of article

10. Delegations supported the principles of free, prior and informed consent. One expert

suggested adding agricultural policies to the list under article 10 (2). A civil society

representative also stressed that free, prior and informed consent was a condition for the

enjoyment of human rights and a life lived in dignity. However, the people affected were

often not involved in or informed on matters such as investments in land, policies and

climate change, and often risked the destruction of their livelihoods. Given power

imbalances, peasants and people working in rural areas needed a high standard of

participation, but the speaker regretted that some States still opposed the right to

participation, which was a key human rights principle.

Article 11. Right to information with regard to production, marketing

and distribution

67. One delegation suggested deleting the reference to the right to participation. Another

delegation made concrete language suggestions, which are included in annex III. The

experts cautioned against deleting the reference to the right to participation, as it was a right

recognized in international treaties, such as the International Covenant on Civil and

Political Rights (art. 10). Experts and many civil society representatives endorsed the text

as it stood.

Article 12. Access to justice

68. One delegation suggested adding “arbitrarily” under article 12 (5) before

“dispossessing”, while another delegation argued in favour of keeping the article in its

current form. There was also a discussion over the text in Spanish, particularly with regard

to the word despojar, which the experts stated was the correct terminology. One civil

society representative stressed the need for women’s access to justice. No other delegations

raised concerns about this article.

Article 13. Right to work

69. There was no major objection to article 13, except for some language proposals,

such as recognizing the local context and the particular situation of peasants and persons

living in rural areas when it comes to accessing decent work. One delegation underlined the

essential character of highlighting local aspects, especially in paragraphs 2 and 3, to avoid

the article being read as legitimizing large-scale acquisition of land. The same delegation

also made some language proposals, which are contained in annex III. One international

organization suggested including the word “decent” before work in article 13 (2), stated

that it had submitted text about children working unpaid on family farms and would like to

resubmit that text and have the new input taken into account. One expert specified that 13

(2) should include peasants and other rural workers, and the reference to remuneration

should not be removed.

Article 14. Right to safety and health at work

70. Only two participants intervened under this article, highlighting the need to address

the use of chemical pesticides and the responsibility of corporations, and the need for

employees to report on unsafe and hazardous work conditions without fear of reprisal. One

international organization made language proposals, which are contained in annex III. Civil

society highlighted the intensive use of chemical pesticides as a hazard for health and the

environment, the main victims being the small farmers and others working and living in

rural areas.

Article 15. Right to adequate food

71. There were no major objections to the content of article 15, however delegations and

civil society made concrete suggestions on language. The discussion was essentially

focused on the concept of food sovereignty. For some delegations, the constituent elements

of the concept of food sovereignty had not been agreed internationally, and they called for

the use of the term food security instead. Other delegations, civil society organizations and

experts explained the difference between the two concepts and supported the inclusion of

food sovereignty as a crucial element for peasants and ensuring national food production.

The Chair indicated that the wording “food sovereignty” had been removed from the title,

as agreed in the previous session. One delegation thanked the Chair for accepting the

deletion. The same delegation also suggested deletion of “individually and collectively” in

paragraph 2 and similarly suggested deleting “food sovereignty” in paragraphs 4 and 5.

Finally, the same delegation stated that it was open to accepting food security instead of

food sovereignty. Another delegation stressed the importance of including food sovereignty

and called for its recognition throughout the article. It further noted that it supported

maintaining “individually and collectively” in the text and supported article 15 in its

entirety. Another delegation also disagreed with the proposal to replace food sovereignty

with food security. One delegation noted that it would like to maintain “individually and

collectively”. Another delegation also made language suggestions. Another delegation

supported the article, called for it to be aligned with the 2030 Agenda for Sustainable

Development, and suggested a reference to “sustainably”. Finally, another delegation also

suggested a caveat in article 5 (1) “in accordance with national legislation”. Civil society

organizations called for preserving food sovereignty in the text.

72. One expert called for retaining “individually and collectively” and suggested

moving it to the first line of paragraph 2, after “rural areas”. She strongly recommended

that food sovereignty be retained in the text. Other experts concurred with the

recommendation to maintain food sovereignty, as the concept was recognized at

international, regional and national levels. They stated that food sovereignty was about

process while food security was about outcomes.

Article 16. Right to a decent income and livelihood and the means of

production

73. There were no major objections to the content of article 16. One delegation made

language suggestions, which are reflected in annex III. Another delegation supported

paragraph 6 on equal remuneration. One delegation proposed that “women” be added in

paragraph 6. One organization also made a language suggestion, which is reflected in annex

III. Civil society organizations supported the text as it was, in particular on the right to

equal remuneration. Civil society representatives suggested that a provision on protection

should be included in article 16. Experts supported article 16 as it was and stated that

paragraph 2 was grounded in a Committee on Food Security resolution that States had

adopted. Reference was made to the FAO Voluntary Guidelines and to article 14 of the

Convention on the Elimination of All Forms of Discrimination against Women.

Article 17. Right to land and other natural resources

74. The discussion on article 17 focused on the concept of the right to land. Some

delegations stated that the declaration should not create new rights and called for “access”

rather than “right” to land. Some of them raised concerns that references to land reform

would create obligations for States. One delegation called for a legal basis in cases of

expropriation and for equitable compensation. Other delegations pointed out that

instruments on specific groups dealt with their specific rights and that the right to land was

not a new right but a historical right of peasants that should be recognized in the

declaration. For one expert, the right to land should not be limited to adequate living

conditions but was an important component of the full enjoyment of all human rights. The

right to land was discussed in various forums and recognized in international and national

legislation. In addition, land was a part of peasant identity, further justifying why the right

to it should be recognized. Several civil society organizations and experts pleaded for the

present version of the article and pointed out that land reform was already mentioned in the

International Covenant on Economic, Social and Cultural Rights and the FAO Voluntary

Guidelines, as well as in the 2030 Agenda for Sustainable Development and the Sustainable

Development Goals. The Chair clarified that this obligation did not concern countries that

had already gone through the process but those that still needed to do it.

Article 18. Right to a safe, clean and healthy environment

75. There were no major objections to the content of article 18. One delegation

requested deletion of the reference to “right” in the title of article 18, as well as the change

from “people” to “persons” throughout the article and the declaration. The same delegation

spoke out against the creation of new human rights and that the declaration should not

create the impression of an internationally accepted right to a safe, clean and healthy

environment, in order to allow for different equally effective approaches. Another

delegation welcomed the new formulation of the article, with the understanding that the

title would not be kept in the final version of the declaration. In other interventions,

delegations stressed that a “safe, healthy and clean environment” was not a commodity but

a right, grounded in international and regional instruments. Experts emphasized that this

right was recognized in detail in article 29 of the United Nations Declaration on the Rights

of Indigenous Peoples, other regional instruments and reports by the Special Rapporteur on

the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and

sustainable environment. Another expert welcomed the suggestion that sustainable

biodiversity be added.

Article 19. Right to seeds

76. Some delegations stated that they did not recognize the right to seeds and instead

called for “access to” seeds. They were concerned that article 19 could undermine

international agreements on intellectual property and the mandate of the World Intellectual

Property Organization. Those delegations made language suggestions to that effect, which

are contained in annex III. Another delegation highlighted its concerns but had no concrete

wording to improve the text. Numerous other delegations stated that the right to seeds was a

fundamental right for peasants and was threatened by changes to patent law, such as

allowing patents to be taken out on existing varieties. One delegation reiterated the

importance of having the “right to” seeds and not “access to” as that related to a financial

transaction. Civil society organizations endorsed the draft article in its entirety and urged

States to protect small-scale fisherfolk, who had maintained their practice without

disrupting the ecosystem but were now increasingly being marginalized and dispossessed

because of industrial fishing. Experts and civil society organizations called for the

recognition of the right to seeds, present in the International Treaty on Plant Genetic

Resources for Food and Agriculture and the United Nations Declaration on the Rights of

Indigenous Peoples, and affirmed the primacy of human rights over intellectual property

rights. Moreover, several participants stated that there was no dispute with conventions

such as the Convention on Biological Diversity, since they called on benefits to be shared

equally.

Article 20. Right to biological diversity

77. There were no major objections to the content of article 20, however some

delegations suggested concrete language. One delegation proposed that the title be changed

to “Biological diversity”, deleting “Right to”. Other concrete language suggestions were

also made and are reflected in annex III. One delegation expressed support for article 20

and suggested that the affirmation of the right to biological diversity should go hand in

hand with an emphasis on the obligations of peasants to preserve biodiversity. The same

delegation further suggested that consistent use of terminology with regard to traditional

knowledge be ensured, as it appears in a number of other articles. Another delegation

supported the protection of knowledge and suggested that indigenous and traditional food

crops be included. Another delegation underscored the role of peasants in maintaining,

conserving and renewing the environment as central to the discussion. One delegation

called for consistency in the use of language on traditional knowledge, particularly in

regard to paragraph 1. Finally, a number of delegations called for the article to be preserved

as it stood.

78. Experts and civil society representatives advocated for preserving the reference to

the right to biological diversity. One expert also suggested including a new paragraph in

line with the content of former article 26 (4) in the previous text, which was considered at

the fourth session of the working group. He called on States to take measures to ensure that

the prior informed consent or approval and involvement of peasants and other people

working in rural areas was obtained for access to genetic resources where they had the

established right to grant access to such resources. Civil society organizations endorsed the

draft article in its entirety and urged States to protect small-scale fisherfolk who had

maintained their practice without disrupting the ecosystem but were now increasingly being

marginalized and dispossessed because of industrial fishing. Another civil society

representative cautioned against incorporating a proposal on imposing obligations on

peasants and suggested that consensual language be found that would encourage peasants to

comply with their responsibilities.

Article 21. Rights to water and sanitation

79. There were no major objections to the content of article 21. There was some

discussion on the issue of prioritization of water. Many participants stated that the simple

“access” to water for work was not enough as peasants could not compete with

transnational corporations and big farm holders. One delegation spoke against creating new

specific rights for peasants and made language proposals, which are reflected in annex III.

One delegation called for the insertion of references to the right to sanitation next to the

right to water, in order to prevent the pollution of water. Another delegation highlighted the

importance of water, particularly to peasant farmers and fisherfolk, and called for free, non-

discriminatory and quality access. Experts reiterated the fundamental nature of this right

and that the right to water and sanitation is well recognized in international human rights

law. Experts also made reference to several international instruments that recognized the

importance of irrigation for the right to food. They also highlighted the situation of women,

who are particularly affected. One expert endorsed the title of the article, with its focus on

the right to water and not water management. Civil society organizations supported the

article as it stood and stated that, although peasants had the right to access, in practice they

were denied those rights.

Article 22. Right to social security

80. During the discussion on article 22, delegations argued that the right to social

security depended on the person’s legal status and in that context they submitted concrete

language proposals. Other delegations called for the maintenance of article 22 in its

entirety, particularly article 22 (2). One representative of an international organization

welcomed the references to ILO standards and suggested further additions with concrete

language. A number of civil society representatives and experts called for the text to be

maintained in its current form, particularly in order to protect migrants despite their

migratory status.

Article 23. Right of everyone to the enjoyment of the highest attainable

standard of physical and mental health

81. One delegation intervened on this item to suggest changing “people” for “persons”

and to highlight possible duplication with other intergovernmental forums discussing

intellectual property and traditional knowledge. No other delegations raised concerns about

article 23.

Article 24. Right to adequate housing

82. No delegation raised concerns about article 24.

Article 25. Right to education and training

83. There were no major objections to the content of article 25, although delegations

made some comments. One delegation called for an explicit reference to the right to

education of all peasants and also made a concrete language suggestion. One representative

of an international organization suggested language regarding the quality of education.

Civil society organizations highlighted the importance and appropriateness of education for

the rural population. One civil society representative also called for more references on

action against child labour.

Article 26. Cultural rights and traditional knowledge

84. The content of article 26 is closely connected with many other issues contained in

the declaration. One delegation made concrete language proposals, which are reflected in

annex III. Another delegation shared concerns raised by other delegations on paragraph 4

and proposed that the text from the Nagoya Protocol on Access to Genetic Resources and

the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention

on Biological Diversity be used, instead of the current text. One delegation supported the

content of the article, but rejected the reference to genetic resources in paragraph 4, as it

was already contained in articles 5, 19 and 20. Other delegations endorsed the article as it

stood. One delegation stated that paragraph 4 of article 26 was language taken from the

Nagoya Protocol and proposed to eliminate it or to reach an agreement on the language.

Another delegation supported the new paragraph 4 on prior, informed consent, which is a

key applicable universal principle. Experts highlighted the importance of the preservation

and protection of traditional knowledge, including that of peasants and indigenous peoples.

Several civil society organizations expressed their support for the article as it stood and for

the new paragraph 4 on prior informed consent for access to genetic resources in paragraph

4. No other delegations raised concerns about this article.

Article 27. Responsibility of the United Nations and of other

international organizations

85. One delegation proposed that “Responsibility” be replaced by “Contribution” in the

title of the article and provided specific language suggestions to the text. One expert

recalled that the Charter of the United Nations was the inspiration for article 27. She further

suggested that references to the 2030 Agenda for Sustainable Development and the

Sustainable Development Goals be excluded, as the declaration would go beyond the

timeline of the 2030 Agenda. Civil society representatives called for keeping the current

text which was in line with other agreed language contained in the United Nations

Declaration on the Rights of Indigenous Peoples, the Declaration on the Rights of Persons

Belonging to National or Ethnic, Religious and Linguistic Minorities and other instruments.

No other delegations raised concerns about this article.

Article 28. General

86. The Chair introduced article 28 as a new article, following comments to earlier

versions of the draft declaration. Many delegations welcomed article 28. Some made

language suggestions for the text. Another delegation called for explicit text, whereby the

declaration would be subject to domestic law. One delegation supported the current version

of the paragraph, while suggesting edits. Another delegation raised questions about the

methods of work, which were seconded by other delegations calling for more time to

consider the suggestions made, The Chair referred to the five-year-long process leading to

the current text of the draft declaration, which had followed the same methodology, and

recalled that the present draft had been made available in February 2018. The experts

observed that article 28 was based on similar articles from human rights instruments,

following agreed language from the United Nations Declaration on the Rights of

Indigenous Peoples and questioned the rationale for the reference to national law suggested

by one delegation.

Collective rights

87. The fifth session of the Working Group also benefited from a specific discussion on

collective rights which took place in the afternoon of 12 April. Some delegations expressed

their opposition to collective rights and to the creation of new human rights in the

declaration. One delegation took the opportunity of the debate to give a general statement

expressing its concern over collective rights. Another delegation expressed its concern that

some of the rights in the declaration had not been recognized. Other delegations stated that

collective rights did not weaken individual rights. On the contrary, they reinforced and

complemented them, as had been widely recognized at the international, regional and

national levels.

88. One delegation pointed out that the subject of rights was the individual and in the

context of the draft declaration the rights holder was the individual peasant. However, there

were human rights with collective dimensions and some rights could be asserted

collectively. The delegation believed that by looking at each article, it was possible to find

language that would be acceptable to all. Two delegations stated that collective rights had

been well established and urged other delegations to engage in constructive dialogue. One

delegation emphasized that individual rights could not be exercised fully if they did not

have the collective component. Some communities could not flourish if they were not

granted those collective rights.

89. The experts provided extensive examples of international, regional and national

legislation supporting the concept of collective rights.

90. Many civil society representatives took the floor to argue for collective rights and

stated that they were recognized in many international, regional and national instruments.

Civil society organizations explained that these were not new rights and were not in conflict

with individual rights. Testimonies were shared on how and why this concept would be

core to the declaration and essential for the protection of the rights of peasants and other

people working in rural areas.

VI. Concluding remarks

91. At the ninth and final meeting of the fifth session of the working group, delegations

and civil society organizations took the floor and thanked the Chair for the open and

constructive debate throughout the session and expressed the hope that this important

declaration would be adopted in a timely manner. One delegation stressed that divergent

views on the content of the declaration still persisted, reiterated its position against the

creation of new rights and hoped that the issue would be solved. The same delegation

expressed its commitment to further engage with stakeholders to achieve a text that would

be accepted by all and reserved its position.

VII. Conclusions and recommendations of the Chair-Rapporteur

A. Conclusions

92. At the ninth and final meeting of its fifth session, held on 13 April 2018, the

open-ended intergovernmental working group on a draft United Nations declaration

on the rights of peasants and other people working in rural areas adopted the

following conclusions, in accordance with its mandate as established by the Human

Rights Council in its resolution 21/19 and in accordance with resolution 36/22:

(a) The working group welcomed with appreciation the message of the

Deputy High Commissioner for Human Rights, the representative of FAO and the

video message of the European Economic and Social Committee at the opening of the

session, as well as the participation of ILO and other organizations;

(b) The working group welcomed with appreciation the efforts made by the

Chair-Rapporteur in presenting the revised draft declaration;

(c) The working group welcomed with appreciation the constructive

negotiation, participation and active engagement of Governments, regional and

political groups, civil society, intergovernmental organizations, experts and relevant

stakeholders, particularly representatives of peasants and other people working in

rural areas, and welcomed the inputs received;

(d) The working group expressed the shared concern about the human

rights situation of peasants and other people working in rural areas and recognized

their contributions to tackling hunger and to conserving and improving biodiversity,

among others, and stressed the need to respect, promote, protect and fulfil their

human rights;

(e) The working group encouraged that a revised draft is prepared by the

Chair-Rapporteur on the basis of the different proposals and views expressed during

the fifth session of the working group, and encouraged the Chair to hold informal and

bilateral consultations and to circulate to the delegations the revised draft;

(f) The working group encouraged States, civil society organizations and

relevant stakeholders to send their written textual proposals and contributions to the

draft declaration, as presented during the fifth session, before 20 April 2018.

B. Recommendations

93. Following the negotiations held during the meetings of the working group, the

Chair-Rapporteur recommended that:

(a) On the basis of the work carried on in the fifth session and informal and

bilateral consultations, a final version of the draft declaration be prepared by the

Chair-Rapporteur and be submitted to the Human Rights Council for its adoption, in

fulfilment of the mandate of the working group, as stated in paragraph 1 of its

resolution 21/19 and subsequent resolutions;

(b) States and other relevant stakeholders, in the consideration of the text,

take into account the considerable progress made throughout the process of

negotiations;

(c) States and other relevant stakeholders continue their constructive

engagement and dialogue and enhance their flexibility in the bilateral and informal

consultations in order to achieve, promptly, an inclusive and meaningful declaration;

(d) States commit the highest relevance and political will for the prompt

adoption of the draft United Nations declaration on the rights of peasants and other

people working in rural areas with a view to address the situation that they face and

in order to allow for their continued contribution to eradicating poverty, tackling

hunger and promoting sustainable development.

Annex I

List of participants

States Members of the Human Rights Council

1. Angola, Brazil, Chile, China, Côte d’Ivoire, Cuba, Ecuador, Egypt, Ethiopia,

Germany, Iraq, Japan, Mexico, Nepal, Pakistan, Panama, Peru, Republic of Korea, Senegal,

Slovakia, Slovenia, South Africa, Spain, Switzerland, Togo, Tunisia, United Kingdom of

Great Britain and Northern Ireland, United States of America, Venezuela (Bolivarian

Republic of).

States Members of the United Nations

2. Argentina, Austria, Azerbaijan, Belgium, Bolivia (Plurinational State of), Bulgaria,

Colombia, Costa Rica, Dominican Republic, France, Greece, Guatemala, Honduras, India,

Indonesia, Jordan, Latvia, Luxembourg, Mali, Malta, Morocco, Myanmar, Nicaragua,

Paraguay, Portugal, Romania, Russian Federation, Uruguay, Zambia.

Non-Member States

3. Holy See, State of Palestine.

Intergovernmental organizations

4. European Union, Food and Agriculture Organization of the United Nations,

International Labour Organization, Non-Aligned Movement, South Centre.

Non-governmental organizations in consultative status with the Economic and Social

Council

General

5. Centre Europe — Tiers Monde (CETIM), International Indian Treaty Council

(IITC).

Special

6. Bäuerliche Erzeugergemeinschaft Schwäbisch Hall w.V. (BESH).

Roster

7. American Anthropological Association, FIAN International e.V., International

Federation of Rural Adult Catholic Movements (FIMARC), International Union of Food

Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers Associations (IUF).

Other non-governmental organizations

8. Alliance for Food Sovereignty in Africa (AFSA), Comité francais pour la Solidarité

Internationale, Community Self Reliance Centre (COSEREC), Farmworkers Association of

Florida, Indonesian Peasant Union (SPI), Korean Women Peasants Association (KWPA),

Red Nacional de Agricultura Familiar (RENAF), SOS Faim, Via Campesina, World Forum

of Fisher People (WFFP).

Annex II

Summary of statements by panellists

1. Professor José Esquinas Alcazar emphasized that the recognition of the right to

seeds in the UN Declaration is crucial for the realization of the human rights of peasants as

well as of the entire world population. According to FAO, seeds are essential to ensure food

security for this generation. Small-scale farmers could not survive without seeds thus the

importance of maintaining biological diversity. Peasants have developed, conserved, and

now provide to other farmers, who will improve biodiversity. He also highlighted that there

is no way to combating climate change that it is not based on biological diversity of seeds

of farmers who adapt crops to the changing climate conditions. Mr. Esquinas underscored

that biodiversity is key to achieve many of the Sustainable Development Goals including

eradication of poverty, eradication of hunger and malnutrition, and those related to climate

change and the preservation of biodiversity. In his conclusions, he suggested that the right

to seeds is in in fact not a new right but reflected the application of existing agreements to

the specific needs and vulnerabilities of peasants and, that it was important to recognize and

reaffirm in the human rights framework.

2. Mr. Million Belay underlined the cultural importance of food sovereignty for

peasants and other people working in rural areas, which has four elements: (a) the

spirituality of food as many communities regard food and land that produces it as sacred;

(b) food as essential for their livelihood, health and healing; (c) language and knowledge of

local people connected with food and food production; and (d) governance as local

community manages its governance and their relationship with environment. Food

sovereignty is also critical for promoting healthy food, against the increasing trends of

obesity in some parts of the world and malnutrition in other parts. Promoting agroecology,

a food production system that is ecologically sound and sustainable, offers possibilities to

protect food sovereignty while respecting planetary boundaries, thereby contributing

towards the implementation of the SDGs and the Paris Agreement.

3. Mr. Diego Monton outlined the contributions of his organization to raising attention

to the dreadful situation of peasants worldwide, and highlighted the importance of the draft

declaration in protecting their rights, resolving conflicts and building peace and social

justice. Mr. Monton clarified that the concept of collective rights is based on the

relationship between individuals and their community, which should be recognized by the

international community. He highlighted the importance of combatting discrimination

against peasants in exercising their collective rights, in particular on land ownership. He

pointed out that existing legislations may protect the rights of indigenous peoples but do not

offer sufficient protection to other affected communities, including peasants.

4. Professor Smita Narula1 underlined the importance and urgency of articulating a

substantive right to land in the context of widespread hunger and food insecurity in rural

communities, forced displacements, large-scale land grabs, climate change, rapid

urbanization, consolidation of corporate control in the food sector, the impoverishment of

small-scale farmers and fisherfolks, and the exploitative and often inhuman treatment of

landless and migrant workers. She pointed out that existing international human rights laws

do not provide sufficient normative support to peasants and other rural communities to

claim their right to land. The absence of a clear articulation of the rights and duties related

to land allows for excessive interpretive discretion, with the result that the enforcement of

existing standards has been partial and uneven at best.

5. International human rights law must therefore evolve from an instrumentalist

approach to land to the recognition that land sustains life and forms culture and identity,

and is, therefore, in and of itself a substantive human right. Moreover, if access to land

continues to be given primarily instrumental consideration — as an asset that serves as a

1 Full statement available on the website of the Fifth Session of the Working Group on Peasants.

gateway to the realization of other rights — then States can continue to undermine rural

communities’ access to land by claiming that there are other means to satisfy these

corollary rights. Articulating a substantive right to land in the Declaration can help close

this normative gap, which is also in keeping with the evolutionary character of international

human rights law.

6. Ms. Yiching Song highlighted the challenges facing women in rural areas. Economic

globalization is the cause of insufficient ecological and social development, threatens local

food systems and leads to unemployment, hunger and migration. Ms. Song referred to

women farmers as managers of natural resources (water, seeds and land). Ms. Song

regretted that scientific technology has not paid enough attention to small-scale farmers.

She also underscored the importance of the Declaration as it is focused on the specific

needs of peasants, has a rights-based framework and recognizes both individual and

collective rights. The Declaration is also closely related to the SDGs. Also, Ms. Song

pointed to the usefulness of the Declaration in guiding national laws and policy design

aimed at protecting the rights of peasants, in particular women farmers.

Annex III

List of concrete suggestions

General

Colombia

Colombia reiterated a number of comments made on the draft declaration as presented at

the 4th session.

Preamble

Colombia

Suggested to replace “food sovereignty” with “food security;

Argentina

Suggested replacing “food sovereignty” with “food security in PP 22

South Africa

• To add: Recalling the principles proclaimed in the Charter of the United Nations

which recognize the inherent dignity and worth and the equal and inalienable rights

of all members of the human family as the foundation of freedom, justice and peace

in the world, (from the preamble of the CRPD),

• To add: Reaffirming the universality, indivisibility, interdependence and

interrelatedness of all human rights and fundamental freedoms; and further

reaffirming the fundamental human rights principles of human rights: equality, non-

discrimination and transparency, dignity, transparency, inclusion, equity,

participation accountability and the need for peasants and other people working in

rural areas to be guaranteed their full enjoyment,

• South Africa proposes language that speaks to the empowerment and capacity

building for peasants and other people working in rural areas on their rights so that

they are able to fully participate in the decision making processes,

• Add language on mobilizing resources and investment in implementation and

capacity-building. It is important that international cooperation also be reflected.

ILO

Proposal for a new paragraph(s), possibly after pp10 or pp14:

“Recognizing that most child labour is performed in the various subsectors of agriculture,

much of this work is hazardous, and that is mainly performed in informal and family

enterprises that depend on their children’s labour,”

The above paragraph is based on the language used in the Buenos Aires Declaration

adopted by IV Global Conference on the Sustained Eradication of Child Labour. The

original paragraph reads as follows: “Recognizing that 71 per cent of child labour is

performed in the various subsectors of agriculture, 42 per cent of this work is hazardous,

and is mainly performed in informal and family enterprises that depend on their children’s

labour”.

An additional paragraph that we would like to propose for your consideration, which is also

taken from the Buenos Aires Declaration, reads as follows:

“Recognizing the importance of rural poverty reduction, the extension of social protection

and access to public, free, complete, universal, quality primary and secondary education,

affordable, quality technical vocational and tertiary education and life-long learning, and of

area-based and community interventions for eradicating child labour and forced labour.”

PP1

EU

Taking into account the Committee on World Food Security’s Voluntary Guidelines on

the Responsible Governance of Tenure of Land, the Principles for Responsible

Investment (RAI principles) in Agriculture Systems, the Fisheries and Forests in the

Context of National Food Security, the Voluntary Guidelines for Securing Sustainable

Small Scale Fisheries in the Context of Food Security and Poverty Eradication, the

International Treaty on Plant Genetic Resources for Food and Agriculture and the

Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate

Food in the Context of National Food Security, and the Committee on World Food

Security’s (CFS) Voluntary Guidelines on the Responsible Governance of Tenure of

Land, Fisheries and Forests in the Context of National Food Security as well as the

principles proclaimed in the Charter of the United Nations, the Universal Declaration of

Human Rights, the International Convention on the Elimination of All Forms of Racial

Discrimination, the International Covenant on Civil and Political Rights, the International

Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of

All Forms of discrimination against Women, the Declaration on the Right to Development,

the Convention on the Protection of the Rights of all Migrant Workers and Members of

Their Families, the Convention on the Rights of the Child, relevant conventions of the

International Labour Organization, the Convention on Biological diversity and its

Protocols and other relevant international instruments that have been adopted at the

universal or regional level,

ILO

“Taking into account the principles proclaimed in the Charter of the United Nations ...

relevant instruments of the International Labour Organizations, including the 1998

Declaration on Fundamental Principles and Rights at Work and the 2008 Declaration on

Social Justice for a Fair Globalization, and other relevant international instruments that

have been adopted at the universal or regional level.”

PP3

EU

Recognizing the special relationship and interaction between peasants and other people

persons working in rural areas, and the land, water and nature to which they are attached

and on which they depend for their livelihood,

PP4

EU

Recognizing also the past, present and future contributions of peasants and other people

persons working in rural areas in all regions of the world to development and to conserving

and improving biodiversity, which constitute the basis of food and agricultural production

throughout the world, and their contribution in ensuring the right to adequate food and food

security which are fundamental to attaining the internationally agreed development goals,

including the 2030 Agenda for Sustainable Development,

Switzerland

Concernant le paragraphe 4 («Reconnaissant également les contributions passées, présentes

et futures, …»), nous vous enverrons nos quelques modifications par écrit qui concernent

l’addition de la notion de développement durable.

PP5

EU

Concerned that peasants and other people persons working in rural areas suffer

disproportionately from poverty, hunger and malnutrition,

PP6

EU

Concerned also that peasants and other people persons working in rural areas suffer from

the burdens caused by environmental degradation and climate change,

PP7

Switzerland

Concernant le paragrahe 7 («Constatant en outre avec préoccupation que la population

paysanne est en vieillissement, …»), nous souhaiterions ajouter la reconnaissance de la

problématique de la migration vers les zones urbaines. Nous proposons donc de compléter

le texte comme ceci:

“Concerned further about peasants ageing around the world and youth increasingly

migrating to urban areas and turning their backs on agriculture (the rest as is it)”

PP8

EU

Alarmed by the increasing number of peasants and other people persons working in rural

areas forcibly evicted or displaced every year,

PP11

EU

Stressing also that several factors make it difficult for peasants and other people persons

working in rural areas, including small-scale fishers and fish workers pastoralists, foresters

and other local communities to make their voices heard, to defend their human rights and

tenure rights, and to secure the sustainable use of the natural resources on which they

depend,

PP12

EU

Recognizing that access to land, water, seeds and other natural resources is an increasing

challenge for rural people persons, and stressing the importance of improving access to

productive resources and investment in appropriate rural development,

PP13

EU

Convinced that peasants and other people persons working in rural areas should be

supported in their efforts to promote and undertake sustainable practices of agricultural

production that support and are in harmony with nature, also referred to as Mother Earth in

a number of countries and regions, including by respecting the biological and natural ability

of ecosystems to adapt and regenerate through natural processes and cycles,

PP14

EU

Considering the hazardous and exploitative conditions that exist in many parts of the world

under which many peasants and other people persons working in rural areas have to work,

often denied the opportunity to exercise their fundamental rights at work, and lacking living

wages and social protection,

PP15

Switzerland

Par rapport au paragraphe 15 («Constatant avec préoccupation que des particuliers, des

groupes et des institutions œuvrant à promouvoir et à protéger les droits de l’homme»),

nous rappelons que ce sont les Etats qui sont responsables de protéger les droits de

l’homme, pas des particuliers ou des groupes. Nous proposons donc de remplacer le mot

«protéger» dans ce paragraphe par le mot «défendre».

PP16

EU

Noting that peasants and other people persons working in rural areas often face difficulties

in gaining access to courts, police officers, prosecutors and lawyers to the extent that they

are unable to seek immediate redress or protection from violence, abuse and exploitation,

PP17

Switzerland

Concernant le paragraphe 17 («Préoccupé par la spéculation sur les produits

alimentaires,»), nous souhaiterions modifier le texte comme ceci:

“Concerned about speculation on food products, and the increasing concentration in

agroindustry and uneven power relations along the value chains and between different

parties as well as unbalanced distribution of food, which impairs the enjoyment of human

rights”

PP20

EU

Reaffirming that the right to development is an inalienable human right and an integral part

of fundamental human rights. Reaffirming that the right to development is an inalienable

human right by virtue of which every human person and all peoples are entitled to

participate in, contribute to and enjoy economic, social, cultural and political development,

in which all human rights and fundamental freedoms can be fully realized,

PP21

EU

Recalling the right of peoples persons to exercise, subject to the relevant provisions of both

International Covenants on Human Rights, full and complete sovereignty over all their

natural wealth and resources,

PP22

Argentina

Recognizing that the concept of food sovereignty security has been used in many States

and regions to designate the right to define their food and agriculture systems and the right

to healthy and culturally appropriate food produced through ecologically sound and

sustainable methods that respect human rights

EU

Recognizing that the concept of food sovereignty security has been being used in many

States and regions to designate the right to define their food and agriculture systems and the

right to healthy and culturally appropriate food produced through ecologically sound and

sustainable methods that respect human rights

PP24

EU

Recalling also the extensive work of the Food and Agriculture Organization of the United

Nations and the Committee on World Food Security on the right to food, tenure rights,

access to natural resources and other rights of peasants, in particular the International

Treaty on Plant Genetic Resources for Food and Agriculture, and the Organization’s

Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and

Forests in the Context of National Food Security, the Voluntary Guidelines for Securing

Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication

and the Voluntary Guidelines to Support the Progressive Realization of the Right to

Adequate Food in the Context of National Food Security, and the Committee on world

Food Security’s (CFS) Voluntary Guidelines on the Responsible Governance of

Tenure of Land, Fisheries and Forests in the Context of National Food Security,

PP26

EU

Convinced of the need for greater protection of the human rights of peasants and other

people persons working in rural areas, and for a coherent interpretation and application of

existing international human rights norms and standards in this matter,

PP27

EU

Solemnly adopts the following declaration on the rights of peasants and other people

persons working in rural areas:

Article 1

Colombia

Suggested changing peasant with “persona campesina”

EU

Title: Definition of peasants and other people persons working in rural areas

South Africa

South Africa is also supportive of including those also living in rural areas considering the

Declaration’s reference to older persons and children. In this regard, in addition to those

dependent family members of peasants to also include “rural households”.

Brazil

Add “traditional communities” in Article 1, paragraph 3.

Jordan

Article 1.4: deletion of “regardless of their legal status.”

Ecuador

Proposed adding “local communities” after “indigenous peoples” in paragraph 3.

ILO

While supporting Brazil and Switzerland’s proposal to include a reference to traditional

communities in paragraph 4, we recommend retaining the rest of the paragraph as originally

drafted.

American Anthropology Association

I’ll end by asking that you note what I think is a typographical error. The last word of

paragraph 1 ought to be the singular “land” not the plural “lands”.

CSRC

Para. 1: last sentence — land, forest and water or land and natural resource (not only land,

forest and water as well).

Para. 2: Request you to include sharecroppers and tenants in the definition of peasants.

Para. 2: Instead of any person, any women and men, in South Asia farmer, means Kishan

which only denotes men and not women

Para. 3: together with Indigenous people add the group dalits which are marginalized

groups in South Asia especially in Nepal and India

Article 2

Japan

1. States shall respect, protect and fulfil the rights of peasants and other people

working in rural areas. They may shall promptly take legislative, administrative and other

appropriate steps to achieve progressively the full realization of the rights of the present

declaration that cannot be immediately guaranteed.

EU

1. States shall respect, protect and fulfil the rights of peasants and other people persons

working in rural areas. They shall promptly take legislative, administrative and other

appropriate steps to achieve progressively the full realization of the rights of the present

declaration that cannot be immediately guaranteed.

2. Particular attention shall be paid in the implementation of the present declaration to

the rights and special needs of peasants and other people persons working in rural areas,

including older persons, women, youth, children and persons with disabilities, taking into

account the need to address multiple forms of discrimination.

3. Without disregarding specific legislation on indigenous peoples, before adopting and

implementing legislation and policies, international agreements and other decision-making

processes that may affect the rights of peasants and other people persons working in rural

areas, States shall should consult and cooperate in good faith with peasants and other

people persons working in rural areas through their own representative institutions,

engaging with and seeking the support of peasants and other people persons working in

rural areas who could be affected by decisions before those decisions are made, and

responding to their contributions, taking into consideration existing power imbalances

between different parties and ensuring active, free, effective, meaningful and informed

participation of individuals and groups in associated decision-making processes.

5. States shall take all necessary measures to prevent ensure non-State actors that they

are in a position to regulate, such as private individuals and organizations, and transnational

corporations and other business enterprises, from nullifying or impairing the enjoyment of

the rights of peasants and other people persons working in rural areas.

6. States, recognizing the importance of international cooperation in support of national

efforts for the realization of the purposes and objectives of the present declaration, shall

take appropriate and effective measures in this regard, between and among States and, as

appropriate, in partnership with relevant international and regional organizations and civil

society, in particular organizations of peasants and other people persons working in rural

areas, among others. Such measures could include:

(a) Ensuring that relevant international cooperation, including international

development programmes, is inclusive, accessible and pertinent to peasants and other

people persons working in rural areas;

(d) Providing, as appropriate, technical and economic assistance, facilitating

access to and sharing of accessible technologies, and through the voluntary transfer of

technologies, particularly to developing countries on mutually agreed terms;

Switzerland

La déclaration doit selon ma délégation également mentionner systématiquement la

responsabilité/l’obligation de la population paysanne de se conformer aux normes

environnementales internationales. Par ailleurs, nous partageons ce qui a été dit

précédemment et que les obligations en matière de protection de l’environnement des

acteurs non-étatiques devraient aussi être inscrites.

Ma délégation se félicite de l’inclusion de l’expression «dans des conditions convenues

d’un commun accord» dans le paragraphe 6, d). Nous demandons simplement qu’une

virgule soit insérée avant ce terme.

India

Recommended deleting paragraph 4.

Brazil

Proposed, as a compromise, moving the text of paragraph 4 to the preamble

Experts

Were against the deletion or moving paragraph 4 to the preamble.

CSOs

Proposed amending the text, for example, by including after “international agreements” the

text “as they apply to peasants and persons working in rural areas” or substituting “their

human rights obligations” for “the present declaration”.

CSRC

Para. 1: should be deleted; Present declaration that cannot be immediately guaranteed

Para. 2: add after children, Dalits

Via Campesina Asia

Art. 2 Clause 4 was introduced in the context of trade, finance and other obligations of the

State in the draft introduced last year. The draft declaration in the 4th Session reads as

follows;

“States shall elaborate, interpret and apply international agreements and standards,

including in the areas of trade, investment, finance, taxation, environmental protection,

development cooperation and security, in a manner consistent with their human rights

obligations.”

To ensure the obligations of the States towards applying the International Instruments we

would like the article to read as follows:

“States shall elaborate, interpret and apply international agreements and standards in

manner consistent with their human rights obligations as they apply to peasants and other

people working in rural areas.”

We also do not agree with the change to the word “may” instead of “shall” as suggested by

the distinguished delegate from Japan. So we request that the word “Shall” be retained.

Article 3

EU

Title: Equality and non-discrimination, and right to development

1. Peasants and other people persons working in rural areas have the right to the full

enjoyment of all human rights recognized in the Charter of the United Nations, the

Universal Declaration of Human Rights and all other international human rights

instruments, free from any kind of discrimination in the exercise of their rights based on

any grounds such as origin, nationality, race, colour, descent, sex, language, culture, marital

status, property, disability, nationality, age, political or other opinion, religion, birth or

economic, social or other status.

2. Peasants and other people persons working in rural areas have the right to determine

and develop priorities and strategies to exercise their right to development.

3. States shall take appropriate measures to eliminate conditions that cause or help to

perpetuate discrimination, including multiple and intersecting forms of discrimination,

against peasants and people persons working in rural areas.

South Africa

Proposes that the title of this Article reflect the fundamental principles of human rights:

equality, non-discrimination and transparency, dignity, inclusion, equity, participation

accountability

Agrees that Peasants and Other People working in rural areas are equal to all other people

in dignity and rights

1. propose the reinsertion of fundamental freedoms after human rights

3. propose that the Chair utilize language from the ICERD which extensively deals

with affirmative action issues.

Switzerland

Nous proposons de faire référence au développement durable dans l’article 3,

conformément à l’Agenda 2030.

India

Suggested art. 3 should use agreed language.

ILO

1. Peasants and other people working in rural areas have the right to the full enjoyment

of all human rights recognized in the Charter of the United Nations, the Universal

Declaration of Human Rights and all other international human rights instruments, free

from any kind of direct and indirect discrimination in the exercise of their rights based on

any grounds such as origin, nationality and national extraction, race, colour, descent, sex,

language, culture, marital status, property, disability, nationality, age, political or other

opinion, religion, birth or economic, social or other status.

2. Peasants and other people working in rural areas have the right to determine and

develop priorities and strategies to exercise their right to development.

3. States shall take appropriate measures to eliminate conditions that cause or help to

perpetuate discrimination, including multiple and intersecting forms of discrimination,

against peasants and people working in rural areas.

CSRC

I draw your attention to include the word after race ‘caste’ which is still prevalent in South

Asia and due to this most of the dalits and indigenous peoples are deprived from the land.

Article 4

South Africa

1. States … shall take all appropriate measures, including legislative, judicial,

administrative or other measures to ensure the full and equal enjoyment by peasant

women and other women working in rural areas of all human rights and fundamental

freedoms”. Another important area that needs to be reflected in the Declaration is the

recognition and empowerment of women as contributors to food security and

agricultural development.

Brazil

2 (a) To participate equally and effectively in the formulation and implementation of

development planning at all levels, considering the importance of empowering and

increasing the participation of rural women in decision-making spaces in

organizations and in politics.

Colombia

On paragraph 1, Colombia suggested the following addition

Los Estados adoptarán todas las medidas apropiadas para erradicar todas las formas de

discriminación de las campesinas y otras mujeres que trabajan en las zonas rurales a fin de

asegurar que, sobre la base de la igualdad de género entre hombres y mujeres, estas

disfruten plenamente y en condiciones de igualdad de todos los derechos humanos y

libertades fundamentales y que libremente puedan perseguir su desarrollo económico,

social, político y cultural, participar en él y aprovecharlo

Holy See

Suggested the deletion at Art.4.2.b of “information, counselling and family planning” that

could include abortion and similar actions that are not in line with peasants’ interests

Switzerland

Suggested adding in 2.a “decision-making”, in 2.f “participate actively” and in 2.j add “and

other harmful practices”.

CSRC

Including women’s rights to “productive resources” including natural resources, financial

resources — banking, credit loan, social resources — education, skills, information, health

care, energy, technology, and political participation in all decision making processes.

Mr. Chairman, I would like to draw your attention in following points;

1. We further ask the WG to Recognise women’s rights to Private property —

including inheritance of agricultural land, house, etc. whether under secular or under

customary/personal law. So I would like to take your attention to add (k.) “to promote

inheritance in housing and agriculture land of women and men”

2. Ensure rural Women rights to Public resources — including land redistribution, joint

land leasing, common property resources (for water, fuel, grazing, forests, street markets,

etc.), public services for water, energy, and food security, all kinds of social protection

measures, infrastructure and market access, technological resources and training.

3. Ensure rural women can acquire assets including Property and other resources in the

market. Remove all direct and indirect obstacles including bureaucratic administrative

process.

Article 5

EU

Title: Right Access to natural resources

1. Peasants and other people persons working in rural areas have the right to have

access to and to use in a sustainable manner and in line with the pertinent

requirements set out in environment protection legislations, the natural resources

present in their communities that are required to enjoy adequate living conditions. They

have the right to participate in the management of these resources and to enjoy in a fair and

equitable way the benefits of their development and conservation in their communities.

2. States shall take measures to ensure that any exploitation of the natural resources

that peasants and other people persons working in rural areas traditionally hold or use is

permitted based on:

(a) A social and environmental impact assessment duly conducted by technically

capable and independent entities, with the individual and collective involvement of

peasants and other people persons working in rural areas;

(c) Modalities for the fair and equitable sharing of the benefits of such

exploitation that have been established on mutually agreed terms between those exploiting

the natural resources and the peasants and other people persons working in rural areas.

Brazil

We consider that there is a need to improve the text of Article 5, paragraphs 2 and 2(a).

Those paragraphs seem to link any kind of exploitation of natural resources, including

those by peasants, to a social and environmental impact assessment analysis.

We consider that not necessarily all traditional practices of peasants and traditional

communities have to be submitted to a social and environmental impact assessment.

In addition, we are concerned that the expression “independent entities” in paragraph 2 (a)

lacks definition. In the case of Brazil, this would mean: the Brazilian Institute of

Environment and Renewable Natural Resources (IBAMA), which is an independent public

agency in charge of environmental impact assessments in protected areas, including those

occupied by traditional communities.

In this context, and in line with article 14, paragraph 1 (a) of the Convention on Biological

Diversity, which is, we believe, one of the sources of article 5 of this draft Declaration, we

would propose the following edits in paragraph 2:

2. States shall take measures to ensure that any exploitation of the natural resources that

peasants and other people working in rural areas traditionally hold or use is permitted, as

far as possible, and as applicable, based on:

With regard to subparagraph (a), in order to clarify the scope of “technically capable and

independent entities” we propose the following edits:

(a) A social and environmental impact assessment duly conducted by technically

capable and independent entities established under applicable domestic law/as defined

at the national level, with the individual and collective involvement of peasants and other

people working in rural areas;

Concerning subparagraph (c), we propose to add reference to ILO Convention 169 after

“article 2.3 of the present declaration”, since it is Convention 169 the instrument that

regulates matters related to FPIC.

Chile

1. [De conformidad a la legislación de cada Estado,] los campesinos y otras personas

que trabajan en las zonas rurales tienen derecho a acceder a los recursos naturales presentes

en su comunidad y necesarios para gozar de condiciones de vida adecuadas, y a utilizar

dichos recursos. Tienen derecho a participar en la gestión de estos recursos y a disfrutar de

manera justa y equitativa de los beneficios de su desarrollo y conservación en su

comunidad.

2. Los Estados adoptarán medidas para garantizar [el uso sostenible] que se permita

toda forma de explotación de los recursos naturales que los campesinos y otras personas

que trabajan en las zonas rurales mantengan o empleen tradicionalmente, para lo cual

[podrán basarse, entre otras en:] se basarán:

(a) Una evaluación del impacto social y ambiental debidamente realizada por

entidades independientes y con capacidad técnica, con la participación individual y

colectiva de los campesinos y de otras personas que trabajan en las zonas rurales;

(b) Consultas celebradas de buena fe, de conformidad con el artículo 2.3 de la

presente declaración;

(c) Modalidades de participación justa y equitativa en los beneficios de esa

explotación, establecidas en condiciones mutuamente acordadas entre quienes explotan los

recursos naturales y los campesinos y otras personas que trabajan en las zonas rurales.

Japan

I would like to express our support to the proposal made by the European Union to change

the title of Article 5 to “Access to natural resources”, instead of “Right to natural resources”

South Africa

2a, South Africa proposes an addition to 5.2a it should read individual and collective

involvement including sensitization

Jordan

Suggested deleting the excessive “have” and “to” (under “have the right to have access to”),

in its first line.

Switzerland

Il nous semble important lorsque l’on parle de ressources naturelles de mentionner

explicitement la responsabilité de préserver l’environnement en accord avec les objectifs du

développement durable.

Suggested merging art. 5 with art. 17

Diego Monton (expert)

Suggested to use the term “sustainable use” of natural resources and agreed that the

problems of sustainable management of natural resources are related to large-scale

companies rather than peasants. Along the same lines

CSRC

Add the para no involuntary or forced displacement in the name of development, national

parks, national forest and special economic zone and commercialization of agriculture.

Also add, without permission of peasants and other people working in rural area no land

and natural resource grabbing in the name of different name.

Article 6

EU

Title: Right to life, prohibition of torture, liberty and security of person

1. Peasants and other people persons working in rural areas have the right to life,

physical and mental integrity, liberty and security of person

2. Peasants and other people persons working in rural areas shall not be subjected to

arbitrary arrest or detention, torture or other cruel, inhuman or degrading treatment or

punishment, and shall not be held in slavery or servitude.

South Africa

Title: Right to life, liberty, security of person and the enjoyment of fundamental

freedoms

6.2 South Africa proposes addition on human trafficking

Article 7

EU

1. Peasants and other people persons working in rural areas have the right to

recognition everywhere as persons before the law.

2. States shall take appropriate measures, including by means of international

agreements, to facilitate the freedom of movement of peasants and other people persons

working in rural areas, and in particular pastoralists, fisherfolk, nomads, semi-nomads, and

migrant and seasonal agricultural workers, including across borders.

3. States shall cooperate to address transboundary tenure issues affecting peasants and

other people persons working in rural areas that cross international boundaries.

India

Suggested that listing of “other people working in rural areas, in particular pastoralists,

fisherfolk …” is not necessary to be repeated if the definition under art. 1 includes them.

Article 7, para. 3

India suggested to delete this paragraph since the notion of transboundary tenure issues is

ambiguous and does not address the concerns of India.

CSRC

I would like to take your attention to add para; a para security of land rights defender,

farmers’ leaders, peasants and land rights activists.

Article 8

EU

1. Peasants and other people persons working in rural areas have the right to freedom

of thought, belief, conscience, religion, opinion, expression and peaceful assembly. They

have the right to express their opinion, including through claims, petitions and

mobilizations, at the local, regional, national and international levels.

2. Peasants and other people persons working in rural areas have the right, individually

and collectively, in association with others or as a community, to participate in peaceful

activities against violations of human rights and fundamental freedoms.

Article 9

EU

1. Peasants and other people persons working in rural areas have the right to form and

join organizations, trade unions, cooperatives or any other organization or association of

their own choosing for the protection of their interests, and to bargain collectively. Such

organizations shall be independent and voluntary in character, and remain free from all

interference, coercion or repression.

2. States shall take appropriate measures to encourage the establishment of

organizations of peasants and other people persons working in rural areas, including

unions, cooperatives or other organizations, particularly with a view to eliminating

obstacles to their establishment, growth and pursuit of lawful activities, including any

legislative or administrative discrimination against such organizations and their members,

and provide them with support to strengthen their position when negotiating contractual

arrangements in order to ensure that conditions and prices are fair and stable and do not

violate their rights to dignity, a decent life and a sustainable livelihood.

Article 10

EU

1. Peasants and other people persons working in rural areas have the right to active

and free participation, directly and/or through their representative organizations, in the

formulation preparation of, implementation and assessment of policies, programmes and

projects that may affect their lives, land and livelihoods.

2. States shall take adequate measures to ensure the participation, directly and/or

through their representative organizations, of peasants and other people working in rural

areas in decision-making processes that affect their lives, land and livelihoods States shall

strive to promote active and free participation, directly and/or through their

representative organisations, in the formulation of policies that may affect their lives,

land and livelihoods; this includes respecting the establishment and growth of strong and

independent organizations of peasants and other people persons working in rural areas and

promoting their participation in the formulation and implementation preparation of food

safety, labour and environmental standards that may affect them.

South Africa

Including the issue of free, prior and informed consent

Smita Narula (expert)

Suggested adding agricultural policies to the list in art. 10.2

Article 11

EU

Title: Right to Access to information with regard to production, marketing and

distribution

1. Peasants and other people persons working in rural areas have the right to seek,

receive, develop and impart information, as appropriate, including information about

factors that may affect the production, processing, marketing and distribution of their

products.

2. States shall adopt appropriate measures to ensure that peasants and other people

persons working in rural areas have access, as appropriate, to transparent, timely and

adequate information in a language and form and through means adequate to their cultural

methods that ensure their effective participation in decision-making in matters that may

affect their lives, land and livelihoods.

3. Peasants and other people persons working in rural areas should have the right

access to a fair, impartial and appropriate system of evaluation and certification of the

quality of their products at the local, nation and international levels, and to participate in its

formulation.

South Africa

2 — language reformulation — …include “relevant” in addition to transparent, timely and

adequate information so as to ensure and also add “taking into account their cultural

methods so as to” before the words ensure their effective participation in decision and also

add “overall well-being and empowerment” after the words livelihoods.

Article 12

EU

1. Peasants and other people persons working in rural areas have the right to effective

and non-discriminatory access to justice, including access to fair procedures for the

resolution of disputes and to effective remedies for all infringements of their human rights.

Such a decision shall give due consideration to their customs, traditions, rules and legal

systems in conformity with relevant obligations under international human rights law.

3. Peasants and other people persons working in rural areas have the right to legal

assistance. States shall consider additional measures, including legal aid, to support

peasants and other people working in rural areas who would otherwise not have access to

administrative and judicial services.

5. States shall provide peasants and other people persons working in rural areas with

effective mechanisms for the prevention of and redress for any action that has the aim or

effect of violating their human rights, arbitrarily dispossessing them of their land and

natural resources or of depriving them of their means of subsistence and integrity, and for

any form of forced sedentarization or population displacement.

CSRC

Kindly requested to add sentence state should ensure to stop such kind of investment in

agriculture and land and eviction of informal tenants, sharecroppers and smallholders in the

declaration for the protection and rights these groups.

Ana Maria Suárez Franco

En cuanto al punto resaltado sobre la Unión Europea de no usar la palabra “disposesing” y

anteponer la palabra “arbitrary” se aclaró que:

De conformidad con el diccionario legal la palabra despojo es la traducción correcta

para “disposesing”. En español la palabra correcta, teniendo en cuenta su uso común, es

despojo.

No se recomienda incluir el término arbitrario, pues precisamente lo que necesitan los

campesinos y campesinas, para determinar si el despojo es arbitrario o no es el acceso a la

justicia. Si ya se incluye el término “arbitrario” en la declaración, las autoridades

administrativas podrían alegar la arbitrariedad según su criterio y justificar el despojo, sin

que se garantice el acceso a los recursos jurídicos a los campesinos y campesinas que

requerirían cuestionar judicialmente esa arbitrariedad.

Article 13

EU

1. Peasants and other people persons working in rural areas have the right to work,

which includes the right to choose freely the way they earn their living.

2. States shall create an enabling environment with opportunities for work and that

provides remuneration allowing for an adequate standard of living for peasants and other

people persons working in rural areas and their families.

3. In States facing high levels of rural poverty and in the absence of employment

opportunities in other sectors, States shall consider take taking appropriate measures to

establish and promote food systems that are sufficiently labour-intensive to contribute to

the creation of decent employment.

5. No one shall be required to perform forced, bonded or compulsory labour, be subject

to the risk of becoming a victim of human trafficking or be held in any other form of

contemporary slavery. States shall, in consultation and cooperation with peasants and other

people persons working in rural areas and their representative organizations, take

appropriate measures to protect them from economic exploitation and all forms of

contemporary slavery, such as debt bondage of women, men and children, and forced

labour, including of fishers and fish workers, forest workers, or seasonal or migrant

workers.

Switzerland

Underlined the essentialness of highlighting local aspects, especially in paras 2 and 3, to

avoid the article being read as legitimising large scale acquisition of land. The delegate also

made some suggested changes to para. 13.2 (suggested changes in bold) ‘states shall create

e enabling environment with opportunities for work for peasants, those working in rural

areas and their families. In para. 13.3 the delegate suggested the following changes: “…

promote sustainable food systems” and “… creation of decent employment especially for

local work force”.

ILO

2. States shall create an enabling environment with opportunities for decent work and

that provides remuneration.

6. Child labour, defined in the relevant ILO fundamental Conventions as types of work

that the child concerned is too young to perform, shall be prohibited and eliminated. All

children under the age of 18 years shall be protected from hazardous work or other worst

forms of child labour.

Christophe Golay (expert)

Specified that 13.2 should include peasants and other rural workers, and the reference to

remuneration should not be removed.

Article 14

EU

1. Peasants and other people persons working in rural areas, irrespective of whether

they are temporary, seasonal or migrant workers, have the rights to work in safe and healthy

conditions, to participate in the application and review of safety and health measures, to

select safety and health representatives and representatives in safety and health committees,

to measures to prevent, reduce and control hazards and risks, to have access to adequate and

appropriate protective clothing and equipment and to adequate information and training on

occupational safety, to work free from violence and harassment, including sexual

harassment, to report unsafe and unhealthy working conditions, and to remove themselves

from danger resulting from their work activity when they reasonably believe that there is an

imminent and serious risk to their safety or health, without being subject to any work-

related retaliation for exercising such rights.

2. Peasants and other people persons working in rural areas have the right not to use or

to be exposed to hazardous substances or toxic chemicals, including agrochemicals or

agricultural or industrial pollutants.

3. States shall take appropriate measures, in accordance with relevant ILO

conventions, the OECD Guidelines for multinational enterprises, the UN Guiding

Principles, the OECD-FAO Guidance for Responsible Agricultural Supply Chains,

the United Nations Guiding Principles on Business and Human Rights and General

Comment No. 24 on State Obligations under the International Covenant on Economic,

Social and Cultural Rights in the Context of Business Activities (CESCR), to protect

the above-mentioned rights for the safety and health at work of peasants and other people

persons working in rural areas, and shall in particular designate appropriate competent

authorities responsible, and establish mechanisms for intersectoral coordination for the

implementation of policies and enforcement of national laws and regulations on

occupational safety and health in agriculture, the agro-industry and fisheries, provide for

corrective measures and appropriate penalties, and establish and support adequate and

appropriate systems of inspection for rural workplaces.

ILO

1. Peasants and other people working in rural areas, irrespective of whether they are

temporary, seasonal or migrant workers, have the rights to work in safe and healthy

conditions, to participate in the application and review of safety and health measures, to

select safety and health representatives and representatives in safety and health committees,

to the implementation of measures to prevent, reduce and control workplace hazards and

risks, to have access to adequate and appropriate protective clothing and equipment and to

adequate information and training on occupational safety, to work free from violence and

harassment, including sexual harassment, to report unsafe and unhealthy working

conditions without fear of reprisal, and to remove themselves from danger resulting from

their work activity when they reasonably believe that there is an imminent and serious risk

to their safety or health, without being subject to any work-related retaliation for exercising

such rights.

Article 15

EU

1. Peasants and other people persons working in rural areas have the right to adequate

food and the fundamental right to be free from hunger. This includes the right to produce

food and the right to adequate nutrition, which guarantee the possibility of enjoying the

highest degree of physical, emotional and intellectual development.

2. States shall ensure that peasants and other people persons working in rural areas

enjoy physical and economic access at all times to sufficient and adequate food that is

produced and consumed sustainably and equitably, respecting their cultures, preserving

access to food for future generations, and that ensures a physically and mentally fulfilling

and dignified life for them, individually and collectively, responding to their needs.

4. Peasants and other people persons working in rural areas have the right to determine

their own food and agriculture systems, recognized by many States and regions as the right

to food sovereignty. This includes the right to participate in decision-making processes on

food and agriculture policy and the right to healthy and adequate food produced through

ecologically sound and sustainable methods that respect their cultures.

5. States shall formulate, in partnership with peasants and other people persons

working in rural areas, public policies at the local, national, regional and international

levels to advance and protect the right to adequate food sovereignty and sustainable and

equitable food systems that promote and protect the rights contained in the present

declaration. States shall establish mechanisms to ensure the coherence of their agricultural,

economic, social, cultural and development policies.

South Africa

Commends the Chair on finding a solution in ensuring that the issue of “food sovereignty”

is reflected in Article in 15.4. South Africa would prefer that the “right to food” which is

extensively used in the international human rights system, including the relevant UNHRC

resolutions be utilized.

On 15.1, South Africa proposes to add “poverty” as follows:

“… the fundamental rights to be free from hunger and poverty”.

Switzerland

La Suisse soutient cet article et voudrait simplement faires la remarque mineure suivante

afin d’être aligné sur l’Agenda 2030: d’ajouter le mot “sustainably” au paragraphe 1,

deuxième phrase, on lirait: “this includes the right to sustainably produce food and the right

to adequate nutrition”.

Ecuador

Disagreed to replace “food sovereignty” to food security

Bolivia

Support maintaining “individually and collectively” in the text. It supported article 15 in its

integrity.

Would like to maintain “individually and collectively”.

Argentina

Para. 4: Peasants and other people working in rural areas have the right to determine their

own food and agriculture systems, recognized by many States and regions as the right to

food sovereignty security. This includes the right to participate in decision-making

processes on food and agriculture policy and the right to healthy and adequate food

produced through ecologically sound and sustainable methods that respect their cultures.

Para. 5: States shall formulate, in partnership with peasants and other people working in

rural areas, public policies at the local, national, regional and international levels to advance

and protect food sovereignty security and sustainable and equitable food systems that

promote and protect the rights contained in the present declaration. States shall establish

mechanisms to ensure the coherence of their agricultural, economic, social, cultural and

development policies.

Para. 5: States shall formulate, in partnership with peasants and other people working in

rural areas, public policies at the local, national, regional and international levels to achieve

food security and sustainable food systems.”

Comments:

(a) Teniendo en cuenta que la seguridad alimentaria es una meta a alcanzar

según los compromisos asumidos por los Estados en la Agenda 2030 para el Desarrollo

Sostenible (ODS 2), y por los motivos expresados ut supra, se sugiere reemplazar “food

sovereignty” por “food security”.

(b) Con respecto a la afirmación “sustainable and equitable food systems”, se

agradecerá conocer el alcance de “equitable food systems”. Por otra parte, se manifiesta

conformidad con la afirmación “sustainable food systems”, que es conforme con la meta

2.4 de la Agenda 2030 para el Desarrollo Sostenible.

Smita Narula (Expert)

Would like to retain “individually and collectively” and suggested moving it to the first line

of paragraph 2, after “rural areas”. She strongly recommended to maintain food sovereignty

in the text.

Article 16

EU

Title: Right to a decent income and livelihood an adequate standard of living and

access to the means of production

1. Peasants and other people persons working in rural areas have the right to a decent

income and livelihood an adequate standard of living for themselves and their families,

and to facilitated access to the means of production necessary to achieve them, including

production tools, technical assistance, credit, insurance and other financial services. They

also have the right can choose to use, individually and collectively, in association with

others or as a community, traditional ways of farming, fishing, livestock rearing and

forestry, and to develop community-based commercialization systems.

2. States shall make efforts in order to favour the access of Peasants peasants and

other people persons working in rural areas have the right to the means of transportation,

and processing, drying and storage facilities necessary for selling their products on local,

national, and regional markets at prices that guarantee them a decent income and livelihood.

3. States shall take appropriate measures to strengthen and support local, national and

regional markets in ways that facilitate, and ensure that peasants and other people persons

working in rural areas have, full and equitable access and participation in these markets to

sell their products at prices that allow them and their families to attain an adequate standard

of living.

4. States shall take all appropriate measures to ensure that their rural development,

agricultural, environmental, trade and investment policies and programmes contribute

effectively to protecting and strengthening local livelihood options and to the transition to

environmentally sustainable modes of agricultural production. States shall stimulate

agroecological, organic and sustainable production whenever possible, and facilitate direct

farmer-to-consumer sales.

5. States shall take appropriate measures make efforts in order to strengthen the

resilience of peasants against natural disasters and other severe disruptions, such as market

failures.

6. States shall take appropriate measures make efforts in order to ensure fair wages

and equal remuneration for work of equal value, without distinction of any kind.

Argentina

Para. 4:

(a) Se sugiere la eliminación del término “environmentally”, ya que ese término

circunscribe la producción agrícola sostenible a la dimensión ambiental y la producción

agrícola sostenible abarca esa dimensión junto con la económica y la social.

(a) Con respecto a la frase “stimulate agroecological, organic and sustainable

production”: se sugiere promover la producción sostenible, evitando señalar un tipo

especial de producción como la agroecológica o la orgánica, toda vez que éstas sólo hacen

referencia a una sola dimensión del desarrollo sostenible (la ambiental). Por ello, se

recomienda hacer alusión sólo a la producción sostenible (“sustainable production”) por

referirse de manera balanceada a las tres dimensiones del desarrollo sostenible (la

económica, la social y la ambiental);

(b) Sobre la frase “facilitate direct farmer-to-consumer sales”: se sugiere la

eliminación de esta afirmación, pues la misma podría incentivar políticas de “compre local”

penalizando a los productos que dependen del transporte internacional para su oferta en el

mercado, con fundamento en razones ambientales.

Por lo anteriormente mencionado, se sugieren las siguientes modificaciones al párrafo:

“States shall take all measures to ensure that their rural development, agricultural,

environmental, trade and investment policies and programmes contribute effectively to

protecting and strengthening local livelihood options and to the transition to

environmentally sustainable modes of agricultural production. States shall stimulate

agroecological, organic and sustainable production whenever possible, and facilitate direct

farmer-to-consumer sales.”

Brazil

Proposed to add “women” in paragraph 6

ILO

4. States shall take all measures to ensure that their rural development, employment,

social protection, agricultural, environmental, trade and investment policies and

programmes contribute effectively to protecting and strengthening local livelihood options

and to the transition to environmentally sustainable modes of agricultural production. States

shall stimulate agroecological, organic and sustainable production whenever possible, and

facilitate direct farmer-to-consumer sales. They shall also promote decent non-farm

employment opportunities in the rural economy.

5. States shall take appropriate measures to strengthen the resilience of peasants against

natural disasters and other severe disruptions, such as market failures.

6. States shall take appropriate measures to ensure payment of decent fair wages and

equal remuneration for work of equal value, without distinction of any kind.

Ana Maria Suárez Franco

Paragraph 2

Se sugiere cambiar el texto reemplazando la existencia de un derecho, por la otra cara de la

moneda, que es hacer referencia al deber de los estados de garantizar dichos servicios. El

texto podría ser: “Los Estados deben de asegurar los medios de transporte (…)”.

Article 17

Argentina

Para. 7: se sugiere la eliminación de la frase “including through agroecology”, toda vez que

el artículo ya se refiere al uso sostenible de la tierra y de otros recursos utilizados en la

producción agrícola, no siendo necesario referirse a un tipo de producción que refuerza sólo

la dimensión ambiental de la producción agrícola sostenible.

“States shall take measures aimed at the conservation and sustainable use of land and other

natural resources used in their production and necessary for the enjoyment of adequate

living conditions, including through agroecology, and ensure the conditions for the

regeneration of biological and other natural capacities and cycles.”

EU

Title: Right Access to land and other natural resources

1. States shall make efforts in order to favour the access to Peasants peasants and

other people persons living in rural areas have the right to land, individually and

collectively, including the right to have access to, use and manage their land and access to

the water bodies, coastal seas, fisheries, pastures and forests therein, in a sustainable

manner and in line with the pertinent requirements set out in environmental

protection legislation to achieve an adequate standard of living, to have a place to live in

security, peace and dignity and to develop their cultures.

2. States are invited to implement the Voluntary Guidelines on the Responsible

Governance of Tenure of Land, Fisheries and Forests in the Context of National Food

Security.

2.3 States shall make efforts in order to remove and prohibit all forms of

discrimination related to land tenure rights, including those resulting from change of marital

status, lack of legal capacity or lack of access to economic resources. In particular, States

shall ensure equal tenure rights for women and men, including the right to inherit and

bequeath these rights. Such State actions should be consistent with their existing

obligations under relevant national law and legislation and international law, and with

due regard to voluntary commitments under applicable regional and international

instruments.

3.4 Based on examination of tenure rights in line with national law, States states

shall make efforts in order to provide legal recognition for land tenure rights, including

customary land tenure rights, not currently protected by law. States should protect

legitimate tenure rights, and ensure that people are not arbitrarily evicted and that

their legitimate tenure rights are not otherwise extinguished or infringed. All forms of

tenure, including tenancy, must provide all persons with a degree of tenure security that

guarantees legal protection against forced evictions. States shall recognize and protect the

natural commons and their related systems of collective use and management.

4.5 Peasants and other people persons working in rural areas have the right to shall be

protected against arbitrary displacement from their land or place of habitual residence, or

from other natural resources used in their activities and necessary for the enjoyment of

adequate living conditions. States shall incorporate protections against displacement into

domestic legislation that are consistent with international human rights and humanitarian

law standards. States shall prohibit arbitrary forced evictions, the demolition of houses,

the destruction of agricultural areas and the arbitrary confiscation or expropriation of land

and other natural resources, including as a punitive measure or as a means or method of

war.

5.6 Peasants and other people persons working in rural areas shall have the right

opportunity, individually or collectively, in association with others or as a community, to

return to the land and to have restored their access to the natural resources used in their

activities and necessary for the enjoyment of adequate living conditions, of which they

were arbitrarily or unlawfully deprived, or to receive just and fair compensation when their

return is not possible. States shall take measures to restore access to land and other natural

resources to those peasants and other people working in rural areas that have been displaced

by natural disasters and/or armed conflict.

6.7 Redistributive reforms can facilitate broad and equitable access to land and

inclusive rural development. In this regard, where appropriate under national

contexts, States may consider allocation of public land, voluntary and market based

mechanisms as well as expropriation of private land, fisheries or forests for a public

purpose. In such cases, States are invited to refer to chapter 15 of the Voluntary

Guidelines on the Responsible Governance of Tenure. States shall carry out

redistributive agrarian reforms where there is lack of broad and equitable access to land and

other natural resources necessary to ensure that peasants and other people working in rural

areas enjoy adequate living conditions, particularly young people and landless persons.

Redistributive reforms must guarantee equal access of men and women to land, fisheries

and forests, and shall limit excessive concentration and control of land taking into account

its social function. Landless peasants, young people, small-scale fishers and other rural

workers should be given priority in the allocation of public lands, fisheries and forests.

7.8 States shall take measures aimed at the conservation and sustainable use of land and

other natural resources used in their production and necessary for the enjoyment of

adequate living conditions, including through agroecology, and ensure the conditions for

the regeneration of biological and other natural capacities and cycles.

South Africa

6. South Africa proposes that the right to land should not be limited to adequate living

condition but be seen as an important component to the full enjoyment of all human rights

and fundamental freedoms

Switzerland

Mon pays souhaiterait, à l’instar de notre commentaire pour l’article 5, proposer la fusion

des articles 5 et 17.

Concernant le paragraphe 6, la Suisse souhaite faire le commentaire suivant: Il faudrait

exiger que l’expropriation formelle, en tant qu’interférence avec une position juridique

protégée, ne soit permise que s’il existe une base juridique suffisante, une loi au sens

formel. De même, il devrait être exigé que la compensation soit fournie au moins sur la

base de critères tels que «juste et équitable».

Finalement, à la fin du paragraphe 7, la Suisse aimerait proposer de remplacer les mots

«ressources biologiques et des autres capacités et cycles naturels» par le mot

«écosystèmes». Alors la fin du paragraphe 7 se lirait de la manière suivante: «les conditions

que nécessite la régénération des écosystèmes».

Christophe Golay

“natural commons” in article 17.3 of the UN Declaration should be translated in the French

version as “les communs naturels”.

In the current French version, it reads “les ressources naturelles communes”, which is not

the same.

To support that request, you can find “commons” translated by “communs” in the

Voluntary Guideline 8.3 on the governance of tenure.

Article 18

EU

Title: Right Access to a safe, clean and healthy environment

1. Peasants and other people persons working in rural areas have the right to the

conservation and protection of the environment and the productive capacity of their lands,

and of the resources that they use, manage and control.

2. States shall take appropriate measures to ensure that peasants and other people

persons working in rural areas enjoy, without discrimination, a safe, clean and healthy

environment, including its biodiversity and ecosystems.

3. States shall comply with their international obligations to combat climate change.

Peasants and other people persons working in rural areas have the right to contribute to the

design and implementation of national and local climate change adaptation and mitigation

policies, including through the use of practices and traditional knowledge.

4. States shall take effective measures to ensure that no hazardous material, substance

or waste is stored or disposed of on the land of peasants and other people persons working

in rural areas, and shall cooperate to address the threats to the enjoyment of their rights that

result from transboundary environmental harm.

5. States shall protect peasants and other people persons working in rural areas against

abuses by non-State actors, including by enforcing environmental laws that contribute,

directly or indirectly, to the protection of the rights of peasants or other people working in

rural areas.

Argentina

inciso 3: se observa que los comentarios formulados por la Argentina durante la Cuarta

Sesión del Grupo de Trabajo no fueron incorporados, por lo que se agradecerá considerar el

siguiente agregado a la redacción actual: “Los Estados cumplirán las obligaciones

internacionales de combatir el cambio climático, [según las propias capacidades y el

principio de responsabilidades comunes y diferenciadas.] Los campesinos y otras personas

…”

Switzerland

La Suisse accueille avec satisfaction cet article qui dans la version actuelle ne promeut plus

un droit à un environnement sûr, propre et sain. Et nous partons du principe que le titre de

l’article 18 va aussi être supprimé.

Nous avons deux observations à apporter.

La première concerne le paragraphe 3 qui est limité au changement climatique. A notre

avis, le paragraphe pourrait bénéficier d’une référence additionnelle à la protection et

l’utilisation durable de la biodiversité et à des obligations ou à la responsabilité par rapport

aux produits chimiques et à la gestion des déchets.

Notre deuxième remarque porte sur le dernier paragraphe de cet article. Le paragraphe 5

contient le terme «les atteintes de la part d’acteurs non étatiques». Ce concept n’est pas

suffisamment claire pour ma délégation et nous nous demandons s’il y a une terminologie

plus appropriée pour cette idée.

Article 19

EU

Title: Right Access to seeds

1. Peasants and other people persons working in rural areas should have the right

access to seeds, including:

(a) The right to Support for the protection of traditional knowledge relevant to

plant genetic resources for food and agriculture;

(b) The right to Support to equitably participate in sharing the benefits arising

from the utilization of plant genetic resources for food and agriculture;

(c) The right to participate Participation in the making of decisions on matters

relating to the conservation and sustainable use of plant genetic resources for food and

agriculture;

(d) The right to save, use, exchange and sell their farm-saved seed or propagating

Material, taking into account any existing plant variety protection rights.

2. Peasants and other people working in rural areas have the right to maintain, control,

protect and develop their own seeds and traditional knowledge. States are invited to

implement article 9 (Farmers’ rights) of the International Treaty on Plant Genetic

Resources for Food and Agriculture.

3.2 States shall take measures to respect, protect and fulfil the rights to concerning

seeds of peasants and other people persons working in rural areas.

4.3. States shall ensure that a breeding and seeds sector is developed and/or has

access to local markets, to provide seeds of sufficient quality and quantity are available to

peasants at the most suitable time for planting, and at an affordable price.

5.4 States shall recognize the rights of peasants to rely either on their own seeds or on

other locally available seeds of their choice, taking into account any existing plant

variety protection rights, and to decide on the crops and species that they wish to grow.

6.5 States shall support commercial and where appropriate peasant seed systems, and

promote the use of peasant seeds and agrobiodiversity.

7.6 States shall make efforts in order to ensure that agricultural research and

development duly takes into account the needs of peasants and other people persons

working in rural areas; they shall make efforts in order to ensure their active participation

in the definition of priorities and the undertaking of research and development, take into

account their experience, and increase investment into research and development of orphan

crops and seeds that respond to the needs of peasants and other people persons working in

rural areas.

8.7 States shall ensure that when defining seed policies, plant variety protection and

other intellectual property laws, certification schemes and seed marketing laws respect the

rights of peasants, should and take into account their the needs and realities of peasants

and other persons working in rural areas.

Argentina

Sobre el derecho a las semillas: se reitera comentario efectuado durante la Cuarta Sesión

del Grupo de Trabajo, en el sentido que las actividades vinculadas con las semillas deberían

estar sujetas a la legislación nacional.

Japan

Title: Access (Rights) to seeds

1. Peasants and other people working in rural areas have the access (right) to seeds,

including:

3. States shall take measures to respect, protect and fulfil the access (right) to seeds of

peasants and other people working in rural areas.

8. States shall ensure that seed policies, plant variety protection and (other intellectual

property laws), certification schemes and seed marketing laws respect the rights of

peasants, and take into account their needs and realities.

South Africa

3. South Africa proposes the addition of the word “promote”

Chile

1. [Consistente con el artículo 5 y de conformidad a la legislación de cada Estado,] Los

campesinos y otras personas que trabajan en las zonas rurales tienen derecho a [sus] las

semillas, en particular:

(a) El derecho a proteger los conocimientos tradicionales relativos a los recursos

fitogenéticos para la alimentación y la agricultura;

(b) El derecho a participar en la distribución equitativa de los beneficios

derivados de la utilización de los recursos fitogenéticos para la alimentación y la

agricultura;

(c) El derecho a participar en la toma de decisiones sobre cuestiones relativas a

la conservación y el uso sostenible de los recursos fitogenéticos para la alimentación y la

agricultura;

(d) El derecho a conservar, utilizar, intercambiar y vender [sus] semillas o

material de multiplicación conservados en [sus] las explotaciones agrícolas.

2. [Consistente con el artículo 5 y de conformidad a la legislación de cada Estado,] Los

campesinos y otras personas que trabajan en las zonas rurales tienen derecho a mantener,

controlar, proteger y desarrollar sus semillas y conocimientos tradicionales.

3. Los Estados adoptarán medidas para respetar, proteger y hacer efectivo el derecho a

las semillas de los campesinos y de otras personas que trabajan en las zonas rurales.

4. Los Estados velarán por que los campesinos dispongan de semillas de calidad y en

cantidad suficientes, en el momento más adecuado para la siembra y a un precio asequible.

5. [Consistente con el artículo 5 y de conformidad a la legislación de cada Estado,] Los

Estados reconocerán los derechos de los campesinos a contar con sus propias semillas u

otras semillas de su elección disponibles localmente, y a decidir las variedades y especies

que deseen cultivar.

6. Los Estados apoyarán los sistemas de semillas de los campesinos, y promoverán el

uso de sus semillas y la biodiversidad de la agricultura.

7. Los Estados velarán por que la investigación y el desarrollo agrícolas tengan en

cuenta las necesidades de los campesinos y otras personas que trabajan en las zonas rurales;

garantizarán su participación activa en la determinación de las prioridades en materia de

investigación y desarrollo y en su realización, tendrán en cuenta su experiencia, y

aumentarán la inversión en la investigación y el desarrollo de semillas y cultivos huérfanos

que respondan a las necesidades de los campesinos y de otras personas que trabajan en las

zonas rurales.

8. Los Estados velarán por que las políticas de semillas, las leyes de protección de las

variedades vegetales y otras leyes de propiedad intelectual, los sistemas de certificación y

las leyes de comercialización de semillas [jueguen un rol complementario de] respeten los

derechos de los campesinos y tengan en cuenta sus necesidades y realidades.

Switzerland

Mon pays remercie le groupe de travail pour les propositions et les efforts faits dans la

dernière version du texte notamment sur l’article 19. Cependant, dû à nos obligations

internationales, notamment en matière de propriété intellectuelle, la Suisse a encore des

réserves sur certains paragraphes de l’article 19 et souhaite faire les propositions suivantes:

Pour le paragraphe 1, lettre d), nous aimerions proposer d’ajouter à la fin du paragraphe

d’ajouter «conformément au droit international pertinent». Le paragraphe se lirait de la

manière suivante: «Le droit de conserver, d’utiliser, d’échanger et de vendre leurs semences

ou matériels de multiplication, conformément au droit international pertinent.»

De même pour le paragraphe 4, nous aimerions proposer d’ajouter à la fin du paragraphe

«conformément au droit international pertinent». Le paragraphe se lirait de la manière

suivante: «Les États veillent à ce que des semences de qualité ou en quantité suffisante

soient mises à la disposition des paysans au moment le plus propice à la plantation et à un

prix abordable, conformément au droit international pertinent.»

L’article 28 paragraphe 2 indique que l’exercice des droits énoncés dans la présente

déclaration sera soumis aux restrictions prévues par la loi et conformes aux obligations

internationales relatives aux droits de l’homme et non pour l’ensemble du droit

international. Nous aimerions, ainsi, préciser deux points: d’une part le droit et non pas

seulement l’exercice de ce droit devrait être mentionné et deuxièmement l’article 28 se

limite aux droits de l’homme et ne comprend pas le droit international dans son ensemble.

C’est pour cette raison que nous souhaiterions clairement dans l’article 19, paragraphes 1d

et 4, faire une référence au droit international.

Finalement, nous souhaitons, pour le moment, mettre une réserve sur le paragraphe 8 et

sommes intéressés à entendre les propositions des autres délégations sur ledit paragraphe.

FIMARC

La FIMARC propose donc un amendement très court dans cet article 6, qui serait rédigé

ainsi: «Les Etats appuieront les systèmes de semences paysannes et patrimoniales et

favoriseront ...».

Ana Maria Suárez Franco

Paragraph 8

En todo caso y para apoyar la negociación se podría usar el término “no hacer daño” (no

harm) para reemplazar la referencia a la obligación de respetar. Este principio está

reconocido internacionalmente, especialmente en las normas sobre derecho ambiental. Su

inclusión en la declaración ayudaría a los estados a cumplir con su obligación de crear un

ambiente propicio para la realización de los derechos humanos, de acuerdo con el artículo

56 de la carta de Naciones Unidas y 28 de la UDHR.

Article 20

EU

Title: Right to biological diversity

1. Peasants and other people persons working in rural areas have the right, individually

or collectively, in association with others or as a community, to conserve a key role in

conserving, maintain maintaining and sustainably use using and develop developing in

line with the pertinent requirements set out in environmental protection legislation

biological diversity and associated knowledge, including in agriculture, forestry, fishing

and livestock. They also have the right to need maintain their traditional agrarian, pastoral

and agroecological systems upon which their subsistence and the renewal of biodiversity

depend, and the right to the conservation of the ecosystems in which those processes take

place.

2. Peasants and other people working in rural areas have the right States shall make

efforts in order to protect their associated traditional knowledge, innovation and practices

relevant to the conservation and sustainable use of biological diversity of peasants and

other persons working in rural areas.

4. States shall should regulate and prevent risks of violation of the rights of peasants

and other people persons working in rural areas arising from the development, handling,

transport, use, transfer or release of any living modified organisms.

South Africa

Proposes to include Indigenous and traditional food crops. Indigenous crops are

environmentally sustainable, improve food security, help prevent malnutrition and increase

income in households.

Bolivia

El artfculo 20 Derecho a la diversidad biologica, en su numera! 1.— se redacta

incorporando los verbos conservar, mantener, desarrollar y utilizar y se completa, de

manera sostenible la diversidad biologica.

Consideramos que dada la cualidad de la relacion, la naturaleza del vinculo entre los

campesinos y dos ecosistemas y los elementos que lo componen, organismos vivos,

microorganismos, se protegerian ante un despliegue de la ciencia al servicio de la industria

comercial, sin precedentes en la historia humana.

Por ello mismo, el numeral 2, realiza una especificacion hacia un derecho a la proteccion de

los “conocimientos, innovaciones y practicas tradicionales” y son discutidos en este foro

por cuanto son expresiones de humanidad y para el caso de los campesinos y otras personas

que trabajan en zonas rurales como los ganaderos, pescadores, silvicultores, como parte de

su identidad, un elemento que va mis alla del disfrute de un derecho cultural.

Como lo he descrito en el ejemplo de los trashumantes ganadores, estos estan basados en

sistemas de uso colectivo, colaborativo, asociativo no so1o como organizacion social, no

solo para con la administracion de la tierra como ya se lo ha explicado en el articulo 17,

sino tambien en relacion con la diversidad biologica y es por ello su importancia.

Si me permite senior presidente quiero leer en texto un parrafo preambular de la resolucion

del Consejo de Derechos Humanos 34/20,

“Reconociendo tambien que la degradacion y la perdida de diversidad biologica suelen

obedecer a pautas existentes de discriminacion y refuerzan esas pautas, y que los darios

ambientales pueden tener consecuencias desastrosas, y en algunos casos dispersas

geograficamente, en la calidad de vida de los pueblos indigenas, las comunidades locales,

los campesinos y otras personas que dependen directamente de los productos de los

bosques, rios, lagos, humedales y oceanos para obtener sus alimentos, combustible y

medicamentos, lo que da lugar a una mayor desigualdad y marginacion,” Gracias

Chile

1. Los campesinos y otras personas que trabajan en las zonas rurales tienen derecho, a

título individual o colectivo, en asociación con otros o como comunidad, a conservar,

mantener y desarrollar y utilizar de manera sostenible la diversidad biológica y los

conocimientos conexos, en particular en la agricultura, la silvicultura, la pesca y la

ganadería. También tienen derecho a mantener sus sistemas tradicionales de agricultura,

pastoreo y agroecología de los que dependen su subsistencia y la renovación de la

[diversidad biológica] biodiversidad agrícola, y derecho a la conservación de los

ecosistemas en que tienen lugar esos procesos.

2. Los campesinos y otras personas que trabajan en las zonas rurales tienen el derecho

de proteger sus conocimientos, innovaciones y prácticas tradicionales conexos pertinentes

para la conservación y el uso sostenible de la diversidad biológica.

Switzerland

Premièrement, il faudrait à notre avis, ici aussi, affirmer que le droit d’utiliser la diversité

biologique doit aller de pair avec l’obligation des paysans de protéger les espèces et les

écosystèmes.

L’autre observation porte sur le paragraphe 2. Nous constatons que le savoir traditionnel est

couvert par cet article 20, mais aussi par différents autres articles, notamment 19.1a, 19.2 et

26. En principe, ça ne pose pas de problèmes tant qu’on évite les duplications. Cependant,

nous vous encourageons d’utiliser les termes de manière cohérente dans les différents

articles. Nous restons à votre disposition pour contribuer à assurer que le langage soit

cohérent et uniforme.

Ecuador

Proposal para. 4: “States shall regulate activities as to prevent the risks of violations …”.

Christophe Golay

In article 20 on the right to biological diversity, a new paragraph should be included with

the content of former article 26 (4):

States shall take measures to ensure that the prior informed consent or approval and

involvement of peasants and other people working in rural areas is obtained for access to

genetic resources where they have the established right to grant access to such resources.

FIAN

1. Peasants and other people working in rural areas have the right, individually or

collectively, in association with others or as a community, to conserve, maintain and

sustainably use and develop biological diversity and associated knowledge, including in

agriculture, forestry, fishing and livestock, upholding their responsibility in this regard.

They also have the right to maintain their traditional agrarian, pastoral and agroecological

systems upon which their subsistence and the renewal of biodiversity depend, and the right

to the conservation of the ecosystems in which those processes take place.

Article 21

EU

Title: Rights to drinking water and to sanitation: Water management

1. Peasants and other people persons working in rural areas have the human rights to

safe and clean drinking water and to sanitation, which are essential for the full enjoyment of

life and all human rights and human dignity. They also have the right to These human

rights include water supply systems and sanitation facilities that are of good quality,

affordable and physically accessible, and non-discriminatory and acceptable in cultural and

gender terms.

2. Peasants and other people persons working in rural areas have the right to need

water for personal and domestic use, farming, fishing and livestock keeping and as well

as to securing other water-related livelihoods, ensuring the conservation, restoration and

sustainable use of water. They have the right to equitable access to water and water

management systems, and to be free from arbitrary disconnections or the contamination of

water supplies.

3. States shall respect, protect and ensure access to water, including in customary and

community-based water management systems, on a non-discriminatory basis, and shall take

measures to guarantee affordable water for personal, domestic and productive uses, and

improved sanitation, in particular for rural women and girls, and persons belonging to

disadvantaged or marginalized groups, such as nomadic pastoralists, workers on

plantations, all migrants, regardless of their legal status, and persons living in irregular or

informal settlements. States shall promote appropriate and affordable technologies,

including irrigation technology, technologies for the reuse of treated wastewater, and for

water collection and storage.

5. States shall prevent third parties from impairing the enjoyment of the right to water

of peasants and other people persons living in rural areas. States shall prioritize water use

for human needs, small-scale food production, ecosystem needs and cultural use before

other uses

Switzerland

Ma délégation souhaite cependant souligner, dans la lignée de nos commentaires

précédents, que ces dispositions devraient inclure, en plus du droit à l’eau et aux

installations sanitaires, un engagement à veiller à ce que les populations concernées

manipulent avec soin et ne polluent pas l’eau.

Article 22

EU

1. Peasants and other people persons working in rural areas have the right to social

security, including social insurance. They also have the right to enjoy fully all social

security rights established under applicable international and domestic labour law.

2. All legally employed migrant workers in rural areas shall, regardless of their legal

status, enjoy equality of treatment with regard to social security.

3. States shall recognize the rights of peasants and other people persons working in

rural areas to social security, including social insurance, and, in accordance with national

circumstances, should establish or maintain their social protection floors comprising basic

social security guarantees. The guarantees should ensure at a minimum that, over the life

cycle, all in need have access to essential health care and to basic income security, which

together secure effective access to goods and services defined as necessary at the national

level.

ILO

1. Peasants and other people working in rural areas have the right to social security,

including social insurance. They also have the right to enjoy fully all social security rights

established under applicable international and domestic labour and social security law.

2. Migrant workers in rural areas shall, regardless of their legal status, enjoy equality of

treatment with nationals in social security.

3. States shall recognize the rights of peasants and other people working in rural areas

to social security, including social insurance, and, in accordance with national

circumstances, should establish or strengthen strengthen their social protection floors

comprising basic social security guarantees, as part of their social security systems. These

guarantees should ensure at a minimum that, over the life cycle, all in need have access to

at least essential health care and to basic income security, which together secure effective

access to goods and services defined as necessary at the national level.

4. Basic social security guarantees should be established by law. They should

promote non-discrimination, be responsive to special needs and be socially inclusive

and include workers in the informal economy. Impartial, transparent, effective,

accessible and affordable grievance and appeal procedures should also be specified.

Systems should be in place to enhance compliance with national legal frameworks.

IUF

Para. 2

The IUF supports the maintenance of the text as it is i.e. retain “regardless of their legal

status”.

Article 23

EU

1. Peasants and other people persons working in rural areas have the right to the

enjoyment of the highest attainable standard of physical and mental health. They also have

the right to have access, without any discrimination, to all social and health services.

2. Peasants and other people persons working in rural areas have the right to use and

protect their traditional medicines and to maintain their health practices, including access to

and conservation of their plants, animals and minerals for medicinal use.

ILO

3 States shall guarantee access to health facilities, goods and services in rural areas on

a non-discriminatory basis, especially for groups in vulnerable situations, access to essential

medicines, immunization against major infectious diseases, reproductive health,

information concerning the main health problems affecting the community, including

methods of preventing and controlling them, maternal and child health care, as well as

decent working conditions and training for health personnel, including education on

health and human rights.

Article 24

EU

1. Peasants and other people persons working in rural areas have the right to adequate

housing. They have the right to sustain a secure home and community in which to live in

peace and dignity, and the right to non-discrimination in this context.

2. Peasants and other people persons working in rural areas have the right to be

protected against forced eviction from their home, harassment and other threats.

3. States shall not, either temporarily or permanently, remove peasants or other people

persons working in rural areas against their will from the homes or land that they occupy

without providing or affording access to appropriate forms of legal or other protection.

When eviction is unavoidable, the State must provide or ensure fair and just compensation

for any material or other losses.

4. In cases of eviction, States shall guarantee the right to resettlement of peasants and

other people persons working in rural areas, in accordance with existing international

human rights standards. This includes the right to alternative housing that satisfies the

criteria for adequacy, namely, accessibility, affordability, habitability, security of tenure,

cultural adequacy, suitability of location, and access to such essential rights as those to

health, education and drinking water and sanitation.

Article 25

EU

1. Peasants and other people persons working in rural areas have the right to adequate

training suited to the specific agroecological, sociocultural and economic environments in

which they find themselves. Issues covered by training programmes should include, but not

be limited to, improving productivity, marketing, and the ability to cope with pests,

pathogens, system shocks, the effects of chemicals, climate change and weather-related

events.

2. All children of peasants and other people persons working in rural areas have the

right to receive education in accordance with their culture, and with all the rights contained

in human rights instruments, and to be free from child labour.

3. States shall encourage equitable and participatory farmer-scientist partnerships, such

as farmer field schools, participatory plant breeding, and plant and animal health clinics to

respond more appropriately to the immediate and emerging challenges that peasants and

other people persons working in rural areas face.

South Africa

On Article 25.1, South Africa would like to strengthen the text to reflect that the right to

education for peasants first and foremost as a basic human right be frontloaded in this

Article, which will then be followed by education and training.

On Article 25.2, South Africa proposes that the word “receive” be deleted and hence read

as “the right to education”.

ILO

1. Peasants and other people … weather-related events, as well as the development of

non-agricultural livelihoods.

2. All children of peasants and other people working in rural areas have to right to

receive quality education in accordance …

IUF

Para. 2

Text from the 4As produced by former UN Special Rapporteur on the Right to Education,

Katarina Tomasevski

Delete: “, in accordance with their culture,” to read:

Insert: “which is free of discrimination, relevant and culturally appropriate”

Article 26

EU

1. Peasants and other people working in rural areas have the right to enjoy their own

culture and to pursue freely their cultural development, without interference or any form of

discrimination. They also have the right to maintain, express, control, protect and develop

their traditional and local knowledge, such as ways of life, methods of production or

technology, or customs and tradition. No one may invoke cultural rights to infringe upon

the human rights guaranteed by international law, nor to limit their scope.

2. Peasants and other people persons working in rural areas have the right, individually

and collectively, in association with others or as a community, to express their local

customs, languages, culture, religions, literature and art, in conformity with international

human rights standards.

3. States shall respect, and take measures to recognize and protect, the rights of

peasants and other people working in rural areas relating to their traditional knowledge, and

eliminate discrimination against the traditional knowledge, practices and technologies of

peasants and other people working in rural areas.

4. States shall take measures, as appropriate, to ensure that the prior informed consent

or approval and involvement of peasants and other people working in rural areas is obtained

for access to genetic resources where they have the established right to grant access to such

resources.

Argentina

Sobre Derechos culturales y conocimiento tradicional: se destaca que en el ámbito de la

Organización Mundial de la Propiedad Intelectual (OMPI), especialmente en el Comité

Intergubernamental sobre Propiedad Intelectual y Recursos Genéticos, Conocimientos

Tradicionales y Folclore, se están desarrollando negociaciones para generar uno o varios

instrumentos internacionales que tienden a asegurar la protección eficaz y equilibrada de

los recursos genéticos (RR.GG.), los conocimientos tradicionales (CC.TT.) y las

expresiones culturales tradicionales (ECT). Todos estos temas, en especial los referidos a

los recursos genéticos, deberían abordarse en el ámbito específico de la OMPI.

Japan

4. States may shall take measures, as appropriate, to ensure that the prior informed

consent or approval and involvement of peasants and other people working in rural areas is

obtained for access to genetic resources where they have the established right to grant

access to such resources.

South Africa

4. South Africa propose that cardinal principle full notion of Free, Prior and Informed

Consent be incorporated in its entirety

South Africa proposes language that will acknowledge traditional knowledge systems as

intellectual property of rural communities and should be protected as such

Chile

4. Los Estados adoptarán las medidas apropiadas para asegurar que se obtenga el

consentimiento previo informado o la aprobación y la participación de los campesinos y de

otras personas que trabajan en las zonas rurales para acceder a los recursos genéticos

cuando se les haya reconocido el derecho de conceder acceso a esos recursos.

Switzerland

Les paragraphes 1, 2 et 3 de l’article 26 nous semblent importants et bien rédigés. Par

contre, nous ne comprenons pas pourquoi l’article, qui traite des droits culturels et des

savoirs traditionnels, contient un paragraphe 4 traitant des ressources génétiques. Les

ressources génétiques ne sont-elles pas déjà couvertes par les articles 5, 19 et 20? Si l’idée

était d’avoir un paragraphe sur le savoir traditionnel basé sur les dispositions du Protocole

de Nagoya, alors il faudrait choisir une disposition qui porte uniquement sur les savoirs

traditionnels et pas sur les ressources génétiques.

Christophe Golay

4. States shall take measures to ensure that the prior informed consent or approval and

involvement of peasants and other people working in rural areas is obtained for access to

traditional knowledge associated with genetic resources that they hold.

Article 27

EU

Regarding Article 27-para. 1, EU reiterates the request for the deletion of the phrase “Ways

and means of ensuring the participation of people in rural areas” and the replacement of

“established” by “considered” to be insufficient in view of the implications for the UN

institutional system as a whole of such participation;

Title: Responsibility Contribution of the United Nations and of other international

organizations

1. The specialized agencies, funds and programmes of the United Nations system, and

other intergovernmental organizations, including international and regional financial

organizations, shall contribute to the full realization of the provisions of the present

declaration, including through the mobilization of, inter alia, development assistance and

cooperation, strengthening collaboration on reporting on relevant SDG indicators,

supporting countries to develop the capacity of statistical systems, and ensuring

meaningful disaggregation of data. Ways and means of ensuring the participation of

peasants and other people working in rural areas on issues affecting them shall be

considered.

2. The United Nations and its specialized agencies, funds and programmes, and other

intergovernmental organizations, including international and regional financial

organizations, shall promote respect for and the full application of the provisions of the

present declaration, and follow up on its effectiveness.

Article 28

EU

1. Nothing in the present declaration may be construed as diminishing or extinguishing

the rights that peasants and other people persons working in rural areas currently have or

may acquire in the future.

2. The human rights and fundamental freedoms of all as well as other national and

international law shall be respected in the exercise of the rights enunciated in the present

declaration. The exercise of the rights set forth in the present declaration shall be subject

only to such limitations in accordance with national law as are determined by law and in

accordance with international human rights obligations. Any such limitations shall be non-

discriminatory and necessary solely for the purpose of securing due recognition and respect

for the rights and freedoms of others, and for meeting the just and most compelling

requirements of a democratic society.

2.3 This Declaration shall not be interpreted as amending the rights and

obligations of States arising under existing international agreements.

Christophe Golay and Smita Narula (Expert)

Proposed to be included in article 28 of the UN Declaration, taken from article 8.2 of the

UN Declaration on the rights of persons belonging to minorities:

The exercise of the rights set forth in the present Declaration shall not prejudice the

enjoyment by all persons of universally recognized human rights and fundamental

freedoms.

Annex IV

Additional explanations provided by experts

Collective rights

Recognition of the collective form or communal property of the land is a fundamental

condition to guarantee access to justice and provide security to peasant families in terms of

the full exercise of their economic, social and cultural rights.

Collective rights enrich the human rights system, provide it a pluricultural perspective that

brings them closer to the notion of universality. Without collective rights, human rights can

hardly be considered universal. Collective rights are not contrary to individual rights.

Rather, they should be seen as complementary rights which, in many cases, are the way to

guarantee individual rights. They are fundamental because the connection that individuals

have to their communities has a cultural, a spiritual and a subsistence dimension.

Peasants and rural communities, using customary and collective practices have been

preserving these ecosystems for centuries.

If we look at the collective dimensions of the right to food and the right to land, the right to

food requires States to ensure that individuals, either “alone or in community with others

have physical and economic access at all times to adequate food or means for its

procurement”. It is important to consider the right to food as a collective right as well as an

individual right.

Collective rights also do not undermine State sovereignty. Collective rights are therefore an

essential precondition for the ability of peasants and other people living in rural areas to

enjoy human rights, ensure food security, and help protect our planet’s biodiversity.

Moreover, collective rights do not undermine individual rights; on the contrary, they would

strengthen their protection, as has been recognized by several human rights mechanisms.

The former Special rapporteur on the right to housing has noted “without the adequate legal

recognition of individual as well as collective land rights, the right to adequate housing, in

many instances, cannot be effectively realized.

Preamble

It is important to retain the concept of food sovereignty. The term Mother Earth, included in

the preamble, gives a thorough understanding of the pluricultural nature of the Declaration,

as well as the relationship between peasants and the land, nature and natural goods.

Article 1

Definition of peasants

In the draft Declaration, the definition of “peasant” emphasizes the relationship with land

and environment as means of production. It includes activities that produce certain results

which are not necessarily profitable.

The vulnerability of peasants and other people working in rural areas derives from their

economic activity and that former international instruments for specific groups have been

adopted to solve discrimination derived from an intrinsic condition of the affected groups.

Article 2

Obligation of States

Article 2, in its entirety, is based on existing law and, as such, steps to realize economic,

social and cultural rights must be taken immediately as clarified by the General Comments

of the Committee on Economic, Social and Cultural Rights. This article is about States’

obligations, to respect, protect and fulfil human rights,

Regarding the principle of the progressiveness of rights and the reference to some

obligations that cannot be guaranteed immediately, referred to in paragraph 1 of Article 2, it

was clarified that although Article 2 refers to the progressivity of certain rights (for

example, the right to social security), there are others, such as the obligation of non-

discrimination or the obligations to respect, which can and must be met immediately. This

interpretation is consistent with General Observations 3, 9, 14 of the CESCR Committee.

Free, prior and informed consent

“Free, prior and informed consent” is well established in international law and its

implementation is confirmed through the jurisprudence of human rights treaty bodies as

well as that of regional bodies. It is a key element of people’s right to participate in

decisions that affect their lives, lands and livelihoods. Its practical application needs to be

understood in a democratic framework.

This principle has been perceived as an expression of the primacy of international human

rights law, based on the United Nations Charter, article 103, to be read in conjunction with

articles 55 (c) and 1.3 and its preamble.

Article 5

Right to natural resources

It was recalled that prior and informed consent had been removed from the draft, as some

States had objected, so systematic interpretation is necessary in light of the compromise

made. The Convention on Biological Diversity, other guidelines and general comments of

treaty bodies, should guide the management of natural resources. Peasants contribute to the

protection of the environment and of biodiversity, rather than disrupt them.

Regarding the proposal to change the word “Right” to “Access” in this article, the original

idea is to protect the right of the peasants and to ensure that they can exercise their right to

participate in the management of these natural resources. Experts argued that “right” carries

more weight than “access” and allows for legal and non-legal recourse.

It was also mentioned that FAO Voluntary Guidelines had been adopted by consensus,

using the term “right” throughout the text.

A proposal to include a reference to the ILO Convention No. 169 that contains the

requirement of free, prior and informed consent was supported to the experts

It must be remembered that the prior and informed consent of local (non-indigenous)

communities is already recognized in a number of legal sources (eg the Nagoya Protocol)

and therefore the fact that this principle is not explicitly included in the declaration does not

exclude its application under these international instruments. The Declaration must be

interpreted systematically with those instruments, for the states that have ratified them.

Regarding the preservation of the environment, on the proposal of Switzerland to include a

reference to the SDG in the text, it must be taken into account that the goals of the SDGs

were established for the States and not for the peasants. Peasants contribute to mitigate

climate change, as well as to the co-evolution of diversity. The purpose of this declaration

is to clarify the obligations of the States and not the responsibilities of the peasants.

Additionally, the Sustainable Development Goals refer to a specific period, while the

declaration will have an indefinite application in time, so a reference to the SDG and

application would be outdated once the deadline for the SDGs is met.

Article 10

Right to participation

Peasants and other people working in rural areas should also participate in the formulation

and implementation of agricultural policies, on top of food safety, labour and

environmental standards that may affect them.

The principle of prior, free and informed consent for local communities was eliminated,

since it is enshrined in other sources of international law. However, and in order to

guarantee the participation of peasants and other people working in rural areas, the

language agreed in the Guidelines on Responsible Governance of Land Tenure that

includes the main elements of participation in its principle was included. Article 10 should

be interpreted systematically with Article 2.3 of the Declaration, and other relevant norms

of international law, which recognize free, prior and informed consent for local

communities, such as the Nagoya Protocol.

Article 11

With regard to the proposal of a State to eliminate paragraph 3 of article 11, referring to fair

market systems and the appropriate systems of evaluation and certification, it is important

to remember that the origin of this article was to avoid applying an equal treatment for

producers of food at the industrial level and for small-scale peasant producers. This would

generate discrimination and end up excluding small farmers from the market. For this

reason it is advisable not to delete this paragraph. In the event of any reformulation of the

text, it is recommended to ensure that at least safeguards are established, that protect

peasant farmers and other persons working in rural areas from the discriminatory impact of

generalized certifications.

Article 15

Peasants and other people working in rural areas have the right to adequate food. This

includes the right to produce food and the right to adequate nutrition, which guarantees the

possibility of enjoying the highest degree of physical, emotional and intellectual

development.

Rural children are particularly at risk of hunger and malnutrition and inadequate access to

nutritional education and healthcare. The paragraph also recalls the obligation of States to

meet the nutritional needs of rural pregnant and lactating women, as highlighted by

CEDAW in its general recommendation 34 on the rights of rural women. The importance of

addressing micronutrient deficiencies and misinformation on infant feeding are also raised

in guideline 10 on nutrition of the Voluntary Guidelines to support the progressive

realization of the right to adequate food in the context of national food security.

The text builds on the definition of the right to food provided in ICESCR. It applies to the

specific situation of peasants and other people working in rural areas by including a

reference to the production of food as one of the ways of securing access to food. As

emphasized by the Special Rapporteur on the right to food, individuals can secure access to

food (a) by earning incomes from employment or self-employment; (b) through social

transfers; or (c) by producing their own food, for those who have access to land and other

productive resources.

The text also elaborates on the obligation of States to progressively realize the human right

to adequate food. As highlighted by CESCR, States have a core obligation to take the

necessary action to mitigate and alleviate hunger. The core content of the right to adequate

food implies the availability of food in a quantity and quality sufficient to satisfy the dietary

needs of individuals, free from adverse substances, and acceptable within a given culture.

Food sovereignty

The inclusion of food sovereignty is a crucial element for peasants to ensuring national

food production. The concept is recognized at international, regional and national levels.

They stated that food sovereignty is about process while food security is about outcomes.

Multiple Special rapporteurs on the right to food have said that food sovereignty is a

condition for the full realization of the right to food.

Moreover, the text underscores the notion of sustainability, which, according to CESCR, “is

intrinsically linked to the notion of adequate food or food security, implying food being

accessible for both present and future generations. Sustainability incorporates long-term

availability and accessibility.

Right to culturally acceptable food

The right to food in particular requires States to ensure that individuals, either alone or in

community with others, have physical and economic access at all times to adequate food or

means for its procurement.

The right to adequate food is realized when every man, woman and child, alone or in

community with others, have physical and economic access at all times to adequate food or

means for its procurement.

Article 17

The importance and urgency of articulating a substantive right to land must be seen in the

context of forced displacements, large-scale land grabs, speculative land investments,

climate disruptions and environmental devastation, and rapid urbanization. It must also be

seen in the context of widespread hunger and food insecurity in rural communities, and the

increasing criminalization and persecution of environmental and land rights defenders.

The right to land must be recognized as both an individual and a collective right given the

communal nature of land use and ownership in many parts of the world.

Secure land rights, including collective land rights, are therefore an essential precondition

for the ability of peasants and other people living in rural areas to enjoy human rights,

ensure food security, and help protect our planet’s biodiversity

States must ensure freedom from arbitrary displacement and forced evictions and must

ensure the right of rural communities to return to lands from which they have been

displaced, or to receive just and fair compensation when their return is not possible. States

must also protect rural communities’ access to land and natural resources by preventing

third parties from interfering in any way with the enjoyment of this right.

The unequal distribution of arable land is a major contributing factor to hunger and poverty

in the world today, especially in rural areas. Studies have shown that more secure,

sustainable, and equitable access to land serves not only rural communities’ rights, but also

supports broader economic development and food security goals. The importance of

redistributive agrarian reforms has been highlighted by the ILO and CEDAW, and in the

International Covenant on Economic, Social and Cultural Rights, and the Tenure

Guidelines, among other instruments. Redistributive agrarian reforms must guarantee equal

access of men and women, and priority should be given to historically discriminated

communities, to landless peasants, women, youth, small-scale fishers and other rural

workers in the allocation of public lands, fisheries and forests.

The notion of access to land proposed by some countries instead of right to land would

dilute the protection of the rights of peasants. Communities and people access, control,

manage and use land and natural resources in many different forms, in order to live a

dignified life, according to their social and cultural context.

Although secure access to land is implicit to the realization of numerous rights,

international human rights law explicitly guarantees only limited land rights. First, States

cannot arbitrarily deprive people of property. The right to property, however, protects the

rights of existing property owners. It does not protect the majority of those in rural areas:

those who are landless or those whose relationship to land is difficult to formalize in

individualistic legal terms. Second, States cannot evict settled communities that rely on a

piece of land but lack legal title to it, without first meeting certain conditions. Specifically,

States must ensure that: a) evictions serve a legitimate public purpose; b) are not

discriminatory; c) meet the requirements of due process; and d) provide communities with

fair compensation.

The States are reminded that agrarian reform, accompanied by the necessary incentives and

extensive services, can be an effective mechanism to prevent migration. In this respect,

States should see integral rural reforms as a way to prevent migrations.

Article 18

The right to a healthy environment is recognized in detail in article 29 of the United

Nations Declaration on Rights of Indigenous Peoples, in regional instruments (Inter-

American Court of Human Rights), reports by the Special Rapporteur on Environment and

Human Rights and the Framework Principles on Environment and Human Rights.

Article 19

There is an unjustified appropriation of the traditional knowledge of peasants and other

people working in rural areas, which has caused them harm for the exercise of their peasant

activity. Furthermore, the digitalization of genetic information can generate a negative

impact for the peasants that would also affect future generations.

The primacy of human rights derives from the provisions of the Charter of the United

Nations, article. 103 interpreted systematically with articles 55 c and 1.3, and has been

reiterated in general observations No. 12, 15, 24 of the ICESCR.

Article 20

The reference to the right to biological diversity should be maintained. The prior informed

consent or approval and involvement of peasants and other people working in rural areas

should be obtained for access to genetic resources where they have the established right to

grant access to such resources.

Prior informed consent or approval and involvement of peasants and other people working

in rural areas is obtained for access to genetic resources where they have the established

right to grant access to such resources.

Regarding the elimination of the word “Right”, it should be remembered that the right

concept implies two dimensions: on the one hand, the objective right, which implies that

States must develop and adopt normative and political frameworks, and on the other,

subjective rights (entitlements), which are those that right holders may require in

administrative, quasi-judicial and judicial bodies.

Article 21

This article is not about water management, it is about the right to water and this article is

not about just drinking water, is about water as a resource. On 28 July 2010, through

Resolution 64/292, the United Nations General Assembly explicitly recognized the human

right to water and sanitation and acknowledged that clean drinking water and sanitation are

essential to the realization of all human rights. It is a prerequisite for the realization of other

human rights. Furthermore, the Committee on Food Security recalls the essentiality of

water of “appropriate quality and quantity (…) for food production (fisheries, crops and

livestock), processing, transformation and preparation”. General Comment 15 of CESCR

calls to focus on providing equitable access to water and management systems. General

Comment 15 refers to Article 1, paragraph 2 of the ICESCR which states that people may

not be “deprived of its means of subsistence”, thus States parties should ensure that “there

is adequate access to water for subsistence farming and for securing their livelihoods”.

Treating water as a human right and not as a commodity is the key to rehabilitating this

existential resource and to stop its accelerated pollution and degradation. States should

prioritize water use for human needs, small scale food production, ecosystem needs and

cultural use, before other uses.

The right to water and sanitation are inextricable for the realization of a whole range of

human rights for rural population. Water is thus not only indispensable for mere human

survival ensuring hydration, nutritious food-intake and maintaining health and well-being,

water is also vital for basic sanitation and good hygiene. Water lays the foundation for a

healthy, productive and dignified life, which is at the core of all human rights

The right to water includes water for productive uses necessary for securing the livelihoods

and conduct a life in dignity including protecting the right to food and to work. The

realization of the right to water for irrigation and agricultural and fishers use is a condition

sine qua non for the realization of the right to food and nutrition for all.

Article 22

Regarding the unrestricted application of this right to migrants, regardless of their legal

status, it should be remembered that this application must be interpreted on the

progressivity of compliance of the international obligations of the States, contained in

article 2.1 of the ICESCR and the general observations of that Committee that interprets it,

and that it is reflected in article 2.1 of the Declaration.

Article 26

Experts highlighted the importance of the preservation and protection of traditional

knowledge, including those of peasants and indigenous peoples. Several civil society

organizations expressed their support for the article as it is and for the new para. 4 on prior

informed consent for access to genetic resources in para. 4.

States shall take measures to ensure that the prior informed consent or approval and

involvement of peasants and other people working in rural areas is obtained for access to

traditional knowledge associated with genetic resources that they hold.

Article 28

The exercise of the rights set forth in the Declaration shall not prejudice the enjoyment by

all persons of universally recognized human rights and fundamental freedoms.

It is important to clarify that the raison d’être of international law is to have a common

standard among States, particularly in the field of human rights, to ensure that the concept

of human dignity is at the center of the debate, public policies and regulatory frameworks.

In accordance with general observations 9 and 3 of the CESCR, interpreting Article 2.1 of

the ICESCR, the States must adopt all necessary measures for the implementation of their

international obligations derived from the ICESCR and the judges must apply the Covenant

in its judicial decisions, even in a direct way, in case there are no laws that incorporate

these standards in national law.