A/HRC/30/55
States should do more to promote cross-border mobility and facilitate free movement of
herds, with proper safeguards. One participant proposed including collective remedy
mechanisms in the declaration. Participants also highlighted the need for access to justice
and justice mechanisms for women in rural areas.
48.
Several NGOs, including representatives of peasants and other peoples working in
rural areas, welcomed the inclusion in the new draft of those articles on civil and political
rights. Those were already recognized as human rights, but they argued there was a need to
include them in the declaration to give them more visibility and adapt them to the specific
needs and realities of peasants. They noted that peasants and other peoples working in rural
areas continued to suffer multiple violations of their civil and political rights, in particular
their rights to freedom of association, freedom of thought, opinion and expression, and that
they were often denied access to justice. They insisted that there were continual human
rights violations against peasant leaders and that the right to life was being violated.
49.
Some participants highlighted that under article 12 of the draft declaration, peasants
should be given the right to participate in the formulation of government policy and
programmes that affected peasants and other people working in rural areas. They argued
that would enable peasants and other people working in rural areas to access information
and markets easily. One participant highlighted the lack of participation in politics by
peasants and other people working in rural areas and proposed that States ensure that there
be at least 50 per cent participation rate for peasants in the decision-making process.
50.
One participant noted that article 13 was too detailed and unrealistic and asked for
detailed information in a timely fashion on the ways in which a purchaser intended to
market produce purchased.
51.
A number of participants raised concerns regarding article 14 and noted that the
language should be more closely associated with agreed international human rights
language. Some participants also noted that there was a need to introduce government
policies for compensation for peasants and other people in rural areas facing human rights
violations.
52.
The Vice-Chair introduced articles 15-18, indicating the background of each article
and opened the floor for comments from States, civil society and all participants.
53.
A number of delegations raised concerns over the Chair-Rapporteur’s description of
the working group as holding a “favourable view” of the draft declaration, which was seen
from their perspective as an inaccurate characterization of discussions. They also raised
questions of the legal basis of new rights mentioned in the draft. They sought clarification
regarding the procedure of work of the second session and asked the Vice-Chair to
elaborate on what the outcome of the session would be. The Vice-Chair responded to those
concerns by noting that the objective of the second session was to share views and
information, and that there would not be a line-by-line examination of the draft text during
the session. Some participants stated that they saw the current process as a first reading of
the draft declaration. One delegation noted that it would like further information regarding
the term “create an enabling environment” and associated State obligations in article 15.
One delegation raised the point that it would need to consult labour experts on articles 15,
16 and 18 and asked if the Human Rights Council was the most appropriate forum for that
discussion, rather than the International Labour Organization. One NGO noted that it
supported article 15 of the declaration and recommended that migrant workers who worked
in the agricultural sector be specifically highlighted, as they were often subjected to
trafficking and exploitation. Another delegation noted that it was important to add
references to forced and bonded labour in order to help fight against exploitation.
54.
One delegation stated that a clear definition of peasants was needed so that
government policies could focus on framing and implementing article 16. One delegate
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