A/HRC/26/48
people working in rural areas were guaranteed fair prices for their agricultural production;
that concept was already reflected in the International Covenant on Economic, Social and
Cultural Rights. Other delegations raised additional concerns regarding the use of the term
food sovereignty, suggested using the terms adequate food or food security, and noted that
clarification on collective rights was needed.
41.
A delegation noted the direct and special link that peasants had with land and nature
and the importance of recognizing their specific cultures and identities. It also noted that
food sovereignty and the right to grow local products could be linked with article 9 of the
draft declaration. Clarification was requested as to the definition of “agricultural values”.
42.
Delegations asked what impact the proposed right to biodiversity would have on
patents and how it might affect domestic laws. One delegation noted that its Government
had been working to ban international patents on life forms in order to protect biodiversity
and peasants, and that it was necessary to discuss the impact of patents on peasants.
43.
One delegation noted that the importance of environmental protection had already
been recognized in many national constitutions, in the United Nations Declaration on the
Rights of Indigenous Peoples and in the outcome document of the United Nations
Conference on Sustainable Development entitled “The future we want”. The inclusion in
the draft declaration of a right to preserve the environment and biodiversity and to a clean
and healthy environment was supported by some delegations.
44.
A non-governmental organization noted that there was an increasing trend towards
peasants’ communities being attacked, by State and non-State actors, when they voiced
concerns based on their beliefs and values or defended their rights. Moreover, some
participants expressed concern that peasants and other people working in rural areas often
could not defend themselves against transnational corporations because those corporations
used temporary contracts, made threats and took advantage of corruption within the
judiciary, all of which prevented peasants from organizing and violated their right to
freedom of expression. A number of delegations and other participants noted that it was
necessary to protect freedom of expression in order to protect peasants from reprisals.
45.
A non-governmental organization noted that individuals faced obstacles, such as
living far from administrative centres, a lack of information, fear of reprisal from non-State
actors and a lack of advisors to explain how to gain access to legal systems. Some
participants noted that it was essential to guarantee access to justice for preventive and
reparative purposes and that legal mechanisms should be adapted to the particular situations
in rural areas. Some participants also noted that access to legal aid was a fundamental
element in guaranteeing peasants access to justice and that women were often marginalized
in that regard. Some participants recommended that national human rights institutions set
up specialized sections and offices to facilitate the lodging of complaints by peasants and
others working in rural areas.
46.
Some participants also mentioned that the right to social security, which was not
mentioned in the draft declaration, was an important right for peasants and others working
in rural areas whose livelihoods depended on climatic conditions over which they had no
control. A proposal was made to the effect that the right to social security should be
integrated throughout the text or included by way of a separate article. A proposal was also
made to include a specific section on State obligations.
Preamble
47.
Some participants called for more precise language in the preamble and for the
addition of references to other international instruments, both binding and non-binding.
Those delegations argued that certain terms were not understood in the same way by all
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