A/HRC/16/63
national and international non-governmental organizations and national human rights
institutions. Regional and national monitoring mechanisms have already proven to be very
useful for the implementation of the rights of people working in rural areas.81 New
international instruments, such as the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights adopted by the General Assembly in December 2008,
will offer new possibilities for access to justice at the international level.
61.
Better use should also be made of soft law instruments that improve the visibility of
existing human rights norms protecting the rights of peasants and other people living in
rural areas. In 2007, the Special Rapporteur on the right to adequate housing as a
component of the right to an adequate standard of living, and on the right to nondiscrimination in this context developed a set of basic principles and guidelines on
development-based evictions and displacement to fill in operational gaps in relation to
forced evictions.82 The objective of the principles and guidelines was to offer a step-by-step
approach that States could follow to ensure that the necessary displacements and evictions
due to development are conducted in compliance with existing human rights law. In 2009,
the Special Rapporteur on the right to food developed a set of core principles and measures
to address the human rights challenge to set criteria to be followed by States and companies
in order to respect existing human rights law when buying or leasing land in other
countries.83
B.
Addressing normative gaps under international human rights law
62.
Existing international human rights instruments, even if they were better
implemented, remain insufficient to protect fully the rights of peasants and other people
working in rural areas. These groups have suffered historic and persistent discrimination in
many countries around the globe, and the existing protection of their rights is insufficient to
overcome this situation. It is therefore necessary to go beyond existing norms and address
the normative gaps under international human rights law.
63.
In his report submitted to the Human Rights Council in 2007, the Special Rapporteur
on the right to adequate housing recommended that the Council should recognize the right
to land in international human rights law.84 The Special Rapporteur on the right to food, in
his report presented to the General Assembly in October 2010, recommended that
international human rights bodies should consolidate the right to land.85 The current process
of elaborating voluntary guidelines on responsible governance of tenure of land and other
natural resources at FAO is also intended to address the same gap. These recommendations
and initiatives should be supported.
C.
New legal instrument on the rights of people working in rural areas
64.
The current initiatives to address existing gaps in international human rights law
should be complemented by others. The fact that the great majority of peasants and other
people working in rural areas are engaged in the informal sector, and are therefore not
covered by ILO Conventions, is of particular concern, as is the fact that their need to have a
81
82
83
84
85
Christophe Golay, The Right to Food and Access to Justice: Examples at the national, regional and
international levels (Rome, FAO, 2009).
A/HRC/4/18, annex I.
A/HRC/13/33/Add.2, annex.
A/HRC/4/18, para. 33 (e).
A/65/281, para. 43 (d).
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