A/HRC/36/58 Article 3 Collective rights There are three types of collective rights: the rights of peoples (right to development, food sovereignty), the rights of local communities (biodiversity, use of forests, community irrigation systems, knowledge associated to seed systems, traditional medicine), and individual rights that are exercised collectively (collective bargaining, right of association). Collective right is also recognized in article 29 of the Universal Declaration of Human Rights. Groups may be discriminated against their collective identity. Article 7 Freedom of movement Freedom of movement is important for peasants for example for fishers, pastoralists, or shepherds who need to move from one area to another with their livestock. The difference in the freedom of movement enjoyed by large-scale fishers and industrial fisheries is noted in contrast with the worrying restrictions placed on small-scale fishers, who can often be criminalised. Paragraph 6.10 of the 2005 Voluntary Guidelines for securing sustainable small-scale fisheries recognises the role played by migrant fishers and the importance of their freedom of movement and asks States to cooperate on appropriate legal frameworks. It also states that cooperation agreements must be conducted in consultation with the smallscale fishers. Guideline 22 of the 2012 Guidelines on responsible governance of land tenure also calls on States to contribute to better understanding transboundary tenure. There is therefore an agreed language on this issue. Article 9 Impartiality Support to peasants organizations should facilitate the exercise of rights. In case of conflicts as regards rights between the differing parties, States apply the constitutional principles of proportionality and rationality. Article 10 Removal of reference to “right” The right to participate is a clearly recognized right that is contained in documents drafted and adopted by States. The obligation to ensure meaningful, effective and informed participation is to help prevent States from manipulating consultative processes. The right to participation as a human right is fundamental to rule of law and to creating democratic governance. It is integrally linked to other rights such as freedom of assembly and of association as well as freedom of thought and expression. Obligation to facilitate The obligation to facilitate has been recognized in concluding observations of treaty bodies. It entails for instance putting in place institutional arrangements to provide legal assistance or to ensure that the specificities of rural areas or the languages spoken are accommodated. Article 11 Certification mechanisms The general aim of the proposed provision is to ensure that peasants can adapt to these certification standards. There are FAO studies indicating that agricultural agreements sometimes impose unattainable standards on peasants. There must be a right to ensure that 78