A/HRC/39/67
discrimination, transparency, dignity, inclusion, equity, participation and
and also proposed additional language for it. One delegation noted that
discrimination listed in article 3 went beyond agreed United Nations
suggested that an exhaustive list was not necessary. Another delegation
article 3 should use agreed language. One civil society representative
insertion of “caste” after race in article 3 (1).
accountability,
the criteria of
language and
suggested that
called for the
Article 4. Rights of peasant women and other women working in rural
areas
51.
There were no major objections to the content of article 4 but delegations and civil
society made concrete language suggestions. After elaborating on the role of women in
ensuring food security and agricultural development, one delegation called for their
recognition and empowerment and suggested concrete language. Other delegations also
proposed language under article 4 (2) (a), calling for greater participation of rural women in
decision-making. One delegation suggested language deletion under article 4 (2) (b)
proposing that “information, counselling and family planning” could include abortion and
similar actions that were not in line with the interests of peasants. One delegation explained
that natural resources were public property under the law of its country.
52.
Speakers for civil society voiced their support for this article. One civil society
representative stated that article 4 reflected language from the Convention on the
Elimination of All Forms of Discrimination against Women. Another civil society
representative highlighted the importance of women’s right to property, including the
inheritance of agricultural land and homes, and suggested language for that purpose.
Article 5. Right to natural resources
53.
The article benefited from a general discussion and language suggestions by
delegations and civil society. One delegation suggested that the title of the article be
changed, replacing “right to” with “access to”, which was endorsed by another delegation.
The same delegation spoke out against the creation of new human rights. Another
delegation suggested merging article 5 with article 17, which was also relevant to natural
resources.
54.
The experts also reacted to the suggestions put forward on article 5. One expert
recalled that prior and informed consent had been removed from the draft, as some States
had objected, so systematic interpretation was necessary in the light of the compromise
made. The Convention on Biological Diversity and other guidelines and general comments
of treaty bodies should guide the management of natural resources. Peasants contributed to
the protection of the environment and biodiversity, rather than disrupting them. One expert
referred to the issue of national specificity and suggested that it was addressed by article 28
(2), which should be read in conjunction with other articles. Experts called for a reference
to “right to”, instead of “access”. They argued that “right” carried more weight than
“access” and allowed for legal and non-legal recourse. Other documents, such as the FAO
Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and
Forests in the Context of National Food Security, had been adopted by consensus, using the
term “right” more than 200 times.
55.
Civil society representatives argued that article 5 should be kept as it currently
stood, along with its title. In that connection, a civil society representative suggested that
the article established a framework for international cooperation. Another civil society
representative highlighted the rights of pastoralists, fishermen and peasants to natural
resources, which were necessary for development in harmony with nature and were critical
for their survival and the survival of the environment. A civil society representative
underlined the importance of article 5 to guaranteeing access to land and natural resources
for small farmers, as present legislation does not protect peasants from land-grabbing.
Another civil society representative seconded the expert’s observation that the current text
was in line with the FAO Voluntary Guidelines.
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