A/HRC/26/48
and submit to the Council a draft United Nations declaration on the rights of peasants and
other people working in rural areas, on the basis of the draft submitted by the Advisory
Committee. They expressed support for the draft declaration put forward by the Advisory
Committee.
28.
Some delegations and other participants stressed that the rights of peasants and other
people working in rural areas were paramount to food security and the realization of the
right to food, sustainable development, biodiversity, countering climate change, protecting
the environment, combating discrimination, and the prevention and response to crises such
as the financial and food crises. Some delegations and other participants expressed their
view that a new instrument would enhance the protection of the rights of peasants by
addressing the gaps in the current legal framework, including by clarifying the obligations
of States and the specific rights that peasants could claim. They also noted that, in addition,
it would send a strong political message on the need to protect that marginalized population
and give communities the ability to claim individual and collective rights. Other delegations
stressed that the declaration could contribute to better protecting the rights and improving
the livelihoods of people living in rural areas and their families, who together represented
approximately one third of humanity and suffered disproportionately from hunger, poverty
and discrimination. Accordingly, they emphasized that the adoption of a declaration could
make a substantial difference at the global level. Some delegations and other participants
noted that at some point in history all rights were new, and that the “new rights” contained
in the draft declaration were essential to further promoting and protecting peasants and
other people working in rural areas. Some delegations and other participants added that
many provisions in the draft declaration were not new, but reflected the application of
existing rights to the specific needs and vulnerabilities of peasants, or reflected provisions
existing in other international instruments that it was important to recognize and reaffirm in
the human rights framework.
29.
Other delegations were opposed to the draft declaration for a number of reasons.
They stressed that the current session of the working group had been preceded by a process
whereby the Advisory Committee had worked, without a mandate, on a draft declaration
that the Human Rights Council had not requested. In response, a number of delegations
argued that the Council had given a clear mandate, and expressed support for the
declaration put forward by the Advisory Committee. The delegations that expressed
opposition were of the view that the declaration set out new rights on which there was no
broad consensus; that the proposed rights were premised on a differential treatment of
peasants as a special category; that the declaration purported to bestow collective rights to
peasants, with no basis in international human rights law; that the declaration did not
comprehensively define “peasants”; and that existing human rights provided adequate
protection to peasants. Those delegations stated that the Human Rights Council and its
subsidiary bodies were not the appropriate forums for discussion of many of those issues,
pointing instead, for instance, to the work being done by the Committee on World Food
Security and the Food and Agriculture Organization of the United Nations, including, for
example, on land tenure. Those delegations noted that it was important not to repeat work
being done in other forums, or pursue work that would confuse, detract from or contradict
the important work other forums had already completed, and that perhaps the energy of the
working group could be more constructively used to look into other ways forward, whether
by exploring the needs and challenges faced by individuals living in rural situations or by
developing a discussion of best practices with respect to existing human rights. Some
delegations also stressed that while they were not engaging in negotiations on a draft
declaration on the rights of peasants, they would be prepared to engage constructively on
the issues.
30.
There was agreement on the need to improve the situation of peasants and other
people working in rural areas. In particular, some participants noted that poverty, hunger
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