A/HRC/36/58
LVC
4.
States shall take effective measures to ensure that no hazardous materials or
substances, weapons and ammunitions that could affect biodiversity and the safe or
productive use of land, are stored or disposed of on the land or territories of peasants and
other people working in rural areas without their free, prior and informed consent, and shall
cooperate to address the threats to the enjoyment of their rights that result from
transboundary environmental harm and to enforce the responsibility of polluter to
restore.
Paragraph 5
EU
5.
States shall protect peasants and other people persons working in rural areas against
abuses by non-State actors, including by enforcing environmental laws that contribute,
directly or indirectly, to the protection of the rights of peasants or other people working in
rural areas.
Article 19. Right to seeds
Peru, comment
<Debe especificarse que deben excluirse del ámbito de regulación de este artículo las
especias alimenticias y forrajes incluidos en el anexo I del Tratado Internacional sobre los
Recursos Filogenéticos para la Alimentación y la Agricultura.>
RIDH, comment
<Este artículo se refiere al derecho a las semillas; es necesario ampliar el concepto e incluir
el derecho a la riqueza zoogenética.>
EU
Article 19. Right Access to seeds
BESH
Article 19: Right to seeds and to breeds
RIDH
Artículo 19: Derecho a las semillas la riqueza genética
Guatemala: reservation to the whole article
Switzerland: Replace the whole article with article 9 of ITPRGFA
1.
States shall recognize the enormous contribution that the local and indigenous
communities and farmers of all regions of the world, particularly those in the centres
of origin and crop diversity, have made and will continue to make for the conservation
and development of plant genetic resources which constitute the basis of food and
agriculture production throughout the world.
2.
States shall agree that the responsibility for realizing Farmers’ Rights, as they
relate to plant genetic resources for food and agriculture, rests with national
governments. In accordance with their needs and priorities, each Contracting Party
should, as appropriate, and subject to its national legislation, take measures to protect
and promote Farmers’ Rights, including:
a) protection of traditional knowledge relevant to plant genetic resources for
food and agriculture;
b) the right to equitably participate in sharing benefits arising from the
utilization of plant genetic resources for food and agriculture; and
c) the right to participate in making decisions, at the national level, on matters
related to the conservation and sustainable use of plant genetic resources for
food and agriculture.
63
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