A/HRC/16/63
D.
Rights of indigenous people
56.
The main international Convention protecting the rights of indigenous people is the
Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour
Organization (ILO), ratified by 20 States. The Convention protects a large number of rights
for indigenous people working in rural areas. In particular, articles 13 to 17 recognize the
rights of indigenous people to their land and territories and their right to participate in the
use, management and conservation of those resources. It also enshrines the right of
indigenous peoples to participation and consultation regarding all uses of resources on their
lands, and the prohibition of their eviction from their lands and territories.
57.
To complement ILO Convention No. 169, the General Assembly adopted the United
Nations Declaration on the Rights of Indigenous Peoples in December 2008. The
Declaration recognizes that indigenous people, both individually and collectively, have the
right to the full enjoyment of all human rights and fundamental liberties recognized in the
Charter of the United Nations, the Universal Declaration of Human Rights and in
international human rights law. It then goes beyond the ILO Convention in recognizing that
indigenous people also have the rights to self-determination, land and territory. It refers to
the injustices endured as a result of colonialism and highlights the threat that globalization
currently poses, and recognizes the importance of traditional knowledge, biodiversity and
the safeguarding of genetic resources. It also limits the activities that third parties can carry
out on the lands belonging to indigenous communities. The fact that the Declaration has
already been incorporated into domestic law in some countries, such as Bolivia
(Plurinational State of) and Ecuador, represents a step forward.
V.
Ways and means to advance the rights of peasants and other
people working in rural areas
58.
Despite the existing human rights framework, peasants and other people working in
rural areas are victims of multiple human rights violations that lead to their extreme
vulnerability to hunger and poverty. To overcome this situation and further advance their
rights, there is a need (a) to better implement existing international norms, (b) to address the
normative gaps under international human rights law, and (c) to elaborate a new legal
instrument on the rights of people working in rural areas.
A.
Implementation of existing international norms
59.
States should improve the protection of the rights of peasants and other people
working in rural areas by implementing existing international norms at the domestic level,
preferably through their recognition in national Constitutions. They should also adopt new
laws to advance the protection of these rights, with the full participation of the most
vulnerable and discriminated groups working in rural areas. In adopting these laws, States
should follow the recommendation of the Committee on Economic, Social and Cultural
Rights, which stated in paragraph 8 of its general comment No. 20 that the elimination of
discrimination in practice requires paying sufficient attention to groups of individuals that
suffer historical or persistent prejudice instead of merely comparing the formal treatment
of individuals in similar situations. States parties must therefore immediately take the
necessary measures to prevent, diminish and eliminate the conditions and attitudes that
cause or perpetuate substantive or de facto discrimination.
60.
In the event of human rights violations, victims could make better use of existing
national, regional and international monitoring mechanisms, possibly with the support of
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