A/HRC/36/58
2.
Article 6
122.
3.
No oral statements were made.
Article 7
123. The European Union suggested inserting “and as defined by national legislation”
after “international agreements” in paragraph 2.
124. Mexico stated that paragraph 2 was not precise enough to allow for distinct
migration policies for different peoples. Switzerland expressed doubt as to the scope of the
implication of paragraph 2 and solicited suggestions from other States.
125. Chile stated that it had no problem with the language on the freedom of movement
of persons proposed in paragraph 2, but that the free movement of plants and animals could
not be ensured given the need to protect them.
126. The European Union and Guatemala suggested deleting the specific reference to
indigenous peoples in paragraph 3. Guatemala believed the draft could not include any
reference to transboundary tenure issues. Switzerland specified that paragraph 3 should be
in line with the FAO voluntary guidelines on land tenure.
127. Several non-governmental organizations (NGOs) expressed real concern at the
intention to amend or delete paragraph 2, calling attention to the fact that small-scale
fishers, for example, could be arrested by the authorities of another country, fall prey to
tides and drift in the wrong direction.
4.
Article 8
128. The European Union and Guatemala suggested deleting “individually and
collectively” from paragraph 2 and “individually and in association with others” from
paragraph 3. Ms. Claeys constructively proposed language from the Committee on
Economic, Social and Cultural Rights’ general comment No. 21 (2009) on the right of
everyone to take part in cultural life, in which it is stated that rights can be exercised
“individually or in association with others or within a community or group”.
129. The Korean Women Peasants Association suggested deleting the word “peaceful”
from paragraphs 1 and 2.
130. The International Indian Treaty Council indicated that, after consultation with many
indigenous bodies, it could accept the removal of references to indigenous peoples but
could not accept the deletion of references to collective rights. La Via Campesina (Europe)
highlighted the importance of collective rights for trade union activities aimed at defending
peasants’ rights.
C.
1.
Articles 9-12
Article 9
131. Egypt, with the Russian Federation concurring, suggested bringing article 9 into line
with article 22 (2) of the International Covenant on Civil and Political Rights. Mr. Golay
clarified that the United Nations Declaration on the Rights of Indigenous Peoples did not
refer to compliance with national legislation and suggested using the language of its article
46 (3).
132. ILO proposed adding the right to bargain collectively to paragraph 1. The proposal
was supported by Ecuador and IUF.
133. Guatemala suggested deleting “their” from the phrase “growth and pursuit of their
lawful activities” in paragraph 2 and bringing paragraph 2 into line with article 5 (1) of the
ILO Rural Workers’ Organisations Convention, 1975 (No. 141).
134. ILO suggested deleting “cooperatives and other” from the first sentence of
paragraph 2 and inserting “including unions, cooperatives and other organizations of the
social and solidarity economy” after “people working in rural areas”.
11
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