A/HRC/26/48
frameworks were inadequate to the task of protecting peasant farmers’ rights and that new
standards were required, and that the absence of a human right to land in international
human rights law represented a legal lacuna, as land was critical to rural livelihoods. One
panellist argued that funding for agriculture was low and that economic, social and cultural
rights often received less attention than civil and political rights. That, she emphasized,
particularly affected female peasant farmers who, despite providing the vast majority of all
agricultural labour, owned only between 1 and 2 per cent of agricultural land; it was
consequently critical that the rights to land, inheritance and property be taken into account.
She indicated that a human rights-based approach should be a tool in the design of
sustainable economic and agricultural policies, and that those policies needed to be
supported by appropriate budgetary allocations, noting that human rights protection could
be a solution to discrimination and poverty in rural areas and that participation was vital to
sustainable development.
20.
A number of panellists agreed that justice and the rule of law were often inaccessible
for peasants and other people working in rural areas. That situation impeded their
enjoyment of their rights. The panellists considered that, although it would not be a legally
binding instrument per se, a declaration was important as it would influence jurisprudence
relating to the rights of peasants. The panellists argued that there was a need for additional
laws to protect peasant farmers, as existing laws did not provide them with adequate
protection, and a need to assess the situation of dispossessed peasant farmers after they had
relocated to urban areas, where they had limited access to services and were vulnerable to
repeated evictions. One expert noted that the situation of peasants and other people working
in rural areas was compounded by the absence of an inclusive development policy that took
their needs into account. The panellist also highlighted that some countries were developing
new strategies and legislation in relation to peasants’ rights, pointing to the specialized
agricultural courts in Mexico as an example, despite the fact that the courts’ competence
did not extend to conflicts involving environmental issues. Moreover, the panellists also
noted that, in several Latin American countries, efforts had been made to promulgate laws
establishing safeguards for peasants following evictions and to amend laws to incorporate
the “precautionary principle”, which facilitated preventive decision-making in the face of
risk.
21.
In a round of questions, the panellists were asked to elaborate on issues such as
discrimination and poverty. Panellists argued strongly that if both of those issues were to be
addressed, political will was needed, and that stronger international legislation and national
laws would help to combat discrimination and protect peasant farmers. The panellists also
argued that the draft declaration could help to address poverty by using the human rights
framework of protection, even though the draft did not currently refer to State obligations.
Furthermore, the panellists discussed the need to include the freedoms of expression,
assembly and association in the declaration, and, responding to one delegation’s concerns,
several panellists agreed on the importance of those rights in ensuring the meaningful
participation of peasants in decision-making.
C.
Panel discussion III. The need for a United Nations declaration on the
rights of peasants and other people working in rural areas
22.
The panellists voiced their support for a United Nations declaration on the rights of
peasants and other people working in rural areas, commenting that such a declaration could:
play a role in defining and protecting the rights of peasants that converge with those of farm
workers; help to increase the coherence and visibility of existing rights; facilitate the
recognition of new rights, such as the rights to land, to seeds and to biodiversity; help to
define those rights as individual rights that could be exercised collectively; give a strong
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