A/HRC/30/55
to be adopted, would help facilitate that transfer of knowledge. Some panellists argued that
the right to water should include the right to water for irrigation use and should not be
limited to water for sanitation or drinking purposes.
15.
A number of panellists highlighted the need to protect peasants’ civil and political
rights, noting that often peasants lacked access to justice and were not given the same
protection as to others. They were often persecuted, detained, arrested or subjected to
violence upon the expression of their right to freedom of association and to protest. One
panellist also noted that cattle breeders usually worked in different countries and therefore
crossed international borders, which often meant their freedom of movement needed to be
protected by all States concerned.
16.
One panellist noted that indigenous peoples had historically been forgotten and that
more emphasis needed to be placed on the relationship between peasants and indigenous
people as they were often one and the same thing. They also noted that the vision of Mother
Earth of indigenous peoples should be part of the declaration. Another panellist noted that
cultural rights, including traditional forms of knowledge, had not been adequately protected
in international law. However, there was a growing body of international law, such as
article 15 of the International Covenant on Economic, Social and Cultural Rights and
general comment No. 21 (2009) of the Committee on Economic, Social and Cultural
Rights on the rights of everyone to take part in cultural life on that article, the reports of the
Special Rapporteur on the realization of economic, social and cultural rights and various
multilateral treaties on biodiversity, cultural heritage and intellectual property, that
recognized the right to cultural identity, including traditional forms of knowledge, and the
obligations of States to respect, protect and fulfil cultural rights.
17.
Some panellists noted that it was essential to include the principles of gender
equality and non-discrimination in the draft declaration, as those were fundamental
principles of international human rights law. It was emphasized that peasants and other
people working in rural areas were frequently unable to enjoy human rights on an equal
basis. International human rights mechanisms had observed that gender-based
discrimination against rural women was widespread. It was also underlined that
intersectional and compound forms of discrimination must be identified and remedied.
Peasants and people working in rural areas were diverse and might be confronted with
discrimination on the basis of several different grounds: gender, age, ability, socioeconomic
status, ethnic origin, religion, etc. Intersectional forms of discrimination were quantitatively
and qualitatively different from discrimination on a single ground and could give rise to
mutually reinforcing violations of several different human rights. It was further noted that
international law requires that both formal (de jure) and substantive (de facto) equality be
guaranteed and that direct and indirect discrimination were effectively prevented and
remedied. That necessitated the adoption of positive measures — including, where
necessary, temporary special measures —to redress prior disadvantage and to ensure real
equality of opportunity. Two panellists argued that rural women faced specific
discriminatory barriers to equal access to productive land and resources, such as customary
systems of land titles which frequently denied women direct rights of ownership or
inheritance. They also noted that the Committee on the Elimination of Discrimination
against Women was in the process of adopting a general recommendation on article 14 of
the Convention on the Elimination of All Forms of Discrimination against Women that
explicitly recognized rural women’s rights to equality with respect to reproductive rights
and health care, social security programmes, training and education, self-help groups,
community activities, credit, adequate living conditions, prevention of gender-based
violence, succession rights, inheritance and land rights.
18.
It was also noted that international obligations concerning the availability,
accessibility, adaptability and acceptability of education had not been adequately
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