A/HRC/30/55 a level of interpretation where every right was seen as having both negative and positive obligations attached to them. All the panellists argued that there was a need for a United Nations declaration on the rights of peasants and other people working in rural areas and urged that the text of the declaration be comprehensible and understandable in order for peasants to enjoy their rights. B. Panel discussion II. Rights of peasants and other people working in rural areas in other international instruments and gaps 24. Two of the panellists highlighted the various applicable provisions of international law and the United Nations human rights mechanisms, including the special procedures, and FAO guidance on the promotion of the right to food. They also noted that the Committee on Economic, Social and Cultural Rights, in its general comment No. 12 (1999) on the right to adequate food, explained that the right to food included access to adequate food or means to obtain it; the availability of safe and nutritious food could be obtained through cultivation of land and therefore access to natural resources was fundamental dimension of the right to adequate food. 25. One expert noted that the United Nations Declaration on the Rights of Indigenous Peoples and the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security re-emphasized human rights principles such as human dignity, gender equality, participation, transparency, accountability and rule of law, and that the FAO guidelines furthermore included in its general principles the duty of States to respect, safeguard and promote legitimate tenure rights. The guidelines also addressed, inter alia, restitution and redistribution of land, fisheries and forests, including the possibility to introduce limits on land property. It was clear that the intention of States when adopting those guidelines was not to create new rights but to give practical guidance in terms of policies and measures regarding the compliance of States with their obligations on the right to food. At the same time, it was clear that those guidelines represented an unprecedented international consensus about what States should do with respect to responsible governance of tenure. It was argued that this had contributed enormously to developing international law and what still needed to be clarified were the entitlements of the rights holders, such as the landless, peasants, artisanal fishers and nomadic pastoralists, with respect to land and natural resources, so that there was finally legal certainty about their rights to land and natural resources that could be claimed, including through the courts. 26. One expert discussed extensively the various International Labour Organization (ILO) conventions that supported the call for a declaration on peasants and other people working in rural areas. These included ILO Right of Association (Agriculture) Convention, 1921 (No. 11), Plantations Convention, 1958 (No. 110), Rural Workers’ Organisations Convention, 1975 (No. 141), Indigenous and Tribal Peoples Convention, 1989 (No. 169), Safety and Health in Agriculture Convention, 2001 (No. 184) and those related to workers’ rights. The panellist highlighted the various workers’ rights in those conventions, such as freedom of association, the elimination of all forced or compulsory labour or child labour, the right to organize for agricultural workers, the obligation of States to actively encourage agricultural unions and ensure that national laws did not inhibit the work of those organizations, and detailed guidance on minimal wages, maternity protection, labour inspection, housing and medical care. She also argued that protection gaps remained, particularly in relation to migrant workers and rural women who were often subjected to sexual harassment in the workplace. 27. One expert explained that most of the rights introduced by the draft declaration and referred to as “new rights” were not completely “new” in international law, for they 8

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents