A/HRC/33/59
land, including land reform. The country had recently adopted a seed law that protected
peasants’ rights. Food sovereignty found its basis in articles 19 and 22. The representative
expressed no objection to the inclusion of references to national legislation, as proposed by
the representative of the Russian Federation.
126. The representative of Argentina stated that there was no precedent in international
instruments for the obligations of States referred to in article 19, and proposed deleting
paragraphs 1, 2, 3 and 6. The representative made specific comments regarding article
19 (5). Argentina recognized article 24 as a right for individuals only within its own
jurisdiction.
127. The representative of Comité français pour la solidarité internationale expressed
support for the right to seeds and, in particular, article 22 (5) and its extraterritorial
dimension.
128. The representative of the United States expressed support for the statement by the
representative of Argentina on article 19.
129. The representative of South Africa reminded the working group of its mandate,
which was to contribute to standard setting concerning the existing protection gap.
Clarifying the issue of land as a human right was part of that exercise. The representative
reiterated the commitment of South Africa to agrarian reform and expressed support for
further discussion on the right to seeds.
130. The representative of the regional secretariat for West and Central Africa of LVC
highlighted the importance of recognizing the right to seeds as stated in article 22. Seeds
used by peasants were best adaptable to climate change but were threatened by trade
agreements, transnational corporations and initiatives such as DivSeek.
131. The representative of FAO expressed support for the inclusion of the right to seeds
and suggested a rewording of article 22, as well as the addition of three paragraphs
regarding benefit-sharing, participatory plant-breeding and locally adaptable crops.
132. The representative of the Plurinational State of Bolivia expressed support for the
inclusion of article 19 on the right to land, which was recognized in the constitution of that
country. The representative also expressed support for article 22, made suggestions for
improvements to articles 22 (2) and 23, and highlighted the importance of article 24.
133. The representative of China emphasized that, under its law, urban land belonged to
the State, while rural land belonged to peasants as a collective. References to the right to
land and the use of land should include the proviso that the right should be applicable
according to national laws. The representative affirmed the support of China for the use and
distribution of seeds by peasants and the developing and marketing of seeds. The right to
seeds in the draft declaration should refer to the guiding role of the State in the
development and use of seeds.
134. The representative of Serikat Petani Indonesia called for the inclusion of strong State
obligations, including extraterritorial obligations, in article 22. On the issue of the reference
to national legislation, the representative stressed the importance of the role of States, not
private organizations, in setting standards.
135. The representative of the World Forum of Fisher Peoples expressed support for the
wording of articles 19-24 and stressed their importance for small-scale fishers.
136. The representative of FIAN Honduras stressed the collective nature of land as a
resource which should not be subject to the right to private property and stressed the
importance of agrarian reform.
17
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