A/HRC/19/75
A.
Implementation of existing international norms
64.
States should improve the protection of the rights of peasants and other people
working in rural areas by implementing existing international norms at the domestic level,
preferably through their recognition in national Constitutions. They should also adopt new
laws to advance the protection of these rights, with the full participation of the most
vulnerable and discriminated groups working in rural areas. In adopting these laws, States
should follow the recommendation of the Committee on Economic, Social and Cultural
Rights, which stated in paragraph 8 of its general comment No. 20 that the elimination of
discrimination in practice requires paying sufficient attention to groups of individuals that
suffer historical or persistent prejudice instead of merely comparing the formal treatment of
individuals in similar situations. States parties must therefore immediately take the
necessary measures to prevent, diminish and eliminate the conditions and attitudes that
cause or perpetuate substantive or de facto discrimination.
65.
In the event of human rights violations, victims could make better use of existing
national, regional and international monitoring mechanisms, possibly with the support of
national and international non-governmental organizations and national human rights
institutions. Regional and national monitoring mechanisms have already proven to be very
useful for the implementation of the rights of people working in rural areas. 64 New
international instruments, such as the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights adopted by the General Assembly in December 2008,
will offer new possibilities for access to justice at the international level. And the Human
Rights Council should consider creating a new special procedure to improve the promotion
and protection of the rights of peasants and other people working in rural areas.
66.
Better use should also be made of soft-law instruments that improve the visibility of
existing human rights norms protecting the rights of peasants and other people living in
rural areas. In 2007, the Special Rapporteur on the right to adequate housing as a
component of the right to an adequate standard of living, and on the right to nondiscrimination in this context, developed a set of basic principles and guidelines on
development-based evictions and displacement to fill in operational gaps in relation to
forced evictions (A/HRC/4/18, annex I). The objective of the principles and guidelines was
to offer a step-by-step approach that States could follow to ensure that the necessary
displacements and evictions due to development are conducted in compliance with existing
human rights law. In 2009, the Special Rapporteur on the right to food developed a set of
core principles and measures to address the human rights challenge to set criteria to be
followed by States and companies in order to respect existing human rights law when
buying or leasing land in other countries (A/HRC/13/33/Add.2, annex).
B.
Addressing normative gaps under international human rights law
67.
Existing international human rights instruments, even if they were better
implemented, remain insufficient to protect fully the rights of peasants and other people
working in rural areas. These groups have suffered historic and persistent discrimination in
many countries around the globe, and the existing protection of their rights is insufficient to
overcome this situation. It is therefore necessary to go beyond existing norms and address
the normative gaps under international human rights law.
64
18
Christophe Golay, The Right to Food and Access to Justice: Examples at the national, regional and
international levels (Rome, FAO, 2009).
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