A/HRC/26/48 36. Some delegations asked for clarification on the use of the language regarding the proposed right to land and the proposed right of peasants “to toil on and own unused land on which they depend for their livelihood”. They also asked for further information on the definition of the word toil. There were different views on the right to water. Some delegations argued that the right to water could not be separated from the proposed right to land, as they were both essential to life in rural areas. However, other delegations felt that the proposed right to access to water would be a better substitute. A non-governmental organization noted that the proposed right to access to productive resources was for everyone, independent of their perceived productivity. Other delegations and other participants took the position that recognition of the proposed right to land and territory and the proposed right to seeds and traditional agricultural knowledge were crucial for peasants and humankind. 37. Some delegations and other participants strongly recommended that peasants should have the right to choose the seeds they wished to sow and have the right to high-quality seeds in view of coming challenges, such as climate change and depletion of biodiversity. They also noted proposed rights that were particularly important and relevant for peasants, namely, a proposed right to determine the varieties of seeds they wanted to plant, a proposed right to preserve and develop their local knowledge in agriculture, fishing and livestock rearing, and a proposed right to grow and develop their own varieties of seeds and to exchange, to give or to sell their seeds. Other delegations noted that provisions opposing the industrial model of agriculture should not be in the text and that the varieties of seeds used should be determined in conformity with national legislation. Some delegations asked whether the provisions of the draft declaration authorized the use of illegal or banned seeds by peasants. The Chairperson-Rapporteur clarified that, in her understanding, the proposed right to choose seeds must be exercised in conformity with domestic legislation. Some delegations emphasized that the provisions of the draft declaration should not undermine bilateral commitments made by States on issues such as trade and intellectual property. 38. Some delegations raised questions regarding the definitions of “land” and “territories” with regard to the proposed right to water resources for irrigation and agricultural production. Others delegations welcomed the inclusion of a proposed right to means of agricultural production, in particular a proposed right to water for irrigation, a proposed right to obtain credit and the materials and tools needed, and a proposed right to means of transportation and to drying and storage facilities for selling products on local markets. Some delegations also insisted on the importance of recognizing in the declaration a proposed right of peasants to receive a fair price for their production and fair payment for their work. 39. Some delegations noted that the right to information was already included in other internationally recognized instruments, such as the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities. 40. Other delegations questioned the term “food sovereignty” and its use, and asked for the term to be reviewed and whether alternatives to food sovereignty, such as the right to adequate food or food security, could be used. Others noted that the concept of food sovereignty should not be dismissed simply because it might be seen as a new concept. Some participants argued that the term food sovereignty was important because it strengthened previous standards, was already in use as a concept and was included in the national laws of some States. Others noted that all concepts, including sustainable development or food security, had been new at some point, and emphasized that the definition of food security proposed by United Nations bodies, including the United Nations Research Institute for Social Development and the Food and Agriculture Organization of the United Nations, was very close to that of food sovereignty. Furthermore, delegations noted that it was important to family unity that peasants and other 11

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