A/HRC/30/55
on Social Progress and Development and that the right to land needed to be kept in the
declaration, because peasants and other people working in rural areas had a specific cultural
relationship with their land and territories. They also noted that business enterprises were
able to claim their rights to land and private property, which was denied to peasants and
other people working in rural areas.
60.
One delegation raised concerns regarding article 20 and noted that they would like
further clarification regarding the term “transboundary environmental harm” and how that
impacted State obligations.
61.
A number of delegations raised concerns regarding article 22 noting that it was a
“new” right, and that it should be dealt with in a different United Nations setting. They
noted that the proposed right was not in line with many national policies and trade
agreements. It was also recommended by some delegations that the issue of seed rights
should be taken up in the World Intellectual Property Organization rather than the Human
Rights Council. Other delegations noted that it was important to include that right in the
declaration, even if the wording could be adapted to take other international instruments
into account. A number of NGOs argued that article 22 was key to the draft declaration
because peasants and other people working in rural areas were subjected to pressure from
business enterprises to use genetically modified seeds rather than seeds that they had
traditionally used. They also noted that patent laws were being used to compel peasants and
small-scale farmers to use seeds of specific companies.
62.
A number of delegations noted that article 23 was considered to be a “new” right
and therefore they would need to consult with their Governments. It was also argued that
the right to biological diversity was not an issue for the Human Rights Council. Other
delegations noted that the right was important for peasants and other people working in
rural areas.
63.
A number of NGOs, including representatives of peasants and other peoples
working in rural areas, welcomed the new draft of articles 19-23, and stressed that those
articles were probably the most important in the whole declaration. They highlighted in
particular the right to land and the right to seeds as crucial for peasants and other peoples
working in rural areas. They stressed that many elements in those articles were in fact not
new but taken from other existing international instruments. On the right to land, several of
those participants identified access to land and security of tenure as the key elements that
should be recognized. They welcomed the effort to use agreed language but highlighted
some important elements that had been lost in the process and that should be reintroduced,
emphasizing in particular the agrarian reform, which, they argued, was recognized to a
certain degree in a number of United Nations human rights conventions, but also the social
function of land, the prohibition of latifundia and the obligation of States to act against the
concentration of the ownership of land. One NGO suggested including specific
extraterritorial obligations, as well as the obligation to regulate non-State actors.
64.
The Vice-Chair introduced articles 24-30, indicating the background of each article
and then opened the floor for comments from States, civil society and all participants.
65.
A number of delegations noted their concerns regarding article 24 and asked for
more clarification with regards to the terms “customary water management system”,
“cultural use of water” and “use of water not only for personal use”. One delegation noted
that the language used in article 24 could be considered discriminatory as it only referred to
disadvantaged groups. Further clarification was requested as to the term “water poisoning”.
Other delegations noted that the inclusion of that right in the declaration was important.
One delegation also stated the view that, while it supported the right to water and sanitation,
it was important for the language used to match national legislation. A number of NGOs
noted that it was important to take into account the special need of peasants, including for
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents