A/HRC/39/67
the title and replacing the references to “people” throughout the text with “persons”, except
in the case of “indigenous peoples”. Some delegations requested that the mention of people
be retained. While one delegation expressed its reservation about the mention of migrant
workers “regardless of their legal status”, another argued that the reference was in line with
the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, which was supported by other delegations and civil society.
One expert said that “legal status” could be replaced by “migratory status” in line with
relevant resolutions of the Human Rights Council and the General Assembly. Experts and
civil society organizations supported the reference to “peoples” and emphasized that
“people” was simply the plural of “person” and as such it did not capture peasants as a
group. Reference was made by delegations and civil society organizations to other groups
in regional contexts. Civil society organizations also stressed the importance of the rights of
peasants in order to counter historical stigmas, including against peasant women. Some
delegations suggested adding other categories, such as traditional and local communities.
Article 2. General obligations of States
47.
Article 2 as most recently revised, was welcomed by delegations. Other language
proposals are contained in annex III below. While some delegations endorsed the article in
its present form, others suggested replacing “shall” with “may” in one of its provisions,
which was opposed by other delegations and civil society experts, who noted that “shall”
was the appropriate language used in other similar international instruments, such as the
United Nations Declaration on the Rights of Indigenous Peoples. A number of delegations
also made language proposals. A proposal to delete the word “promptly” in article 2 (1)
was opposed by experts, who stressed that steps to realize economic, social and cultural
rights must be taken immediately as clarified in general comments of the Committee on
Economic, Social and Cultural Rights.
48.
With regard to article 2 (4), one delegation highlighted concern about the current
draft, while another delegation suggested adding “relevant” before “international
agreements”, which was supported by one delegation and civil society organizations.
Another delegation proposed a compromise to move the text of article 2 (4) to the preamble
of the draft declaration. Experts and civil society organizations argued for retaining article 2
(4) as it was, as it was an expression of the primacy of international human rights law,
based on Article 103 of the Charter of the United Nations, to be read in conjunction with
articles 55 (c) and 1 (3) and the preamble. Civil society organizations also suggested adding
language to the paragraph to highlight its application to peasants and other people working
in rural areas.
49.
One delegation suggested language for paragraph 6 (d) and also proposed a new
paragraph on the obligations of peasants to respect the environment. Experts cautioned
against the proposal, emphasizing that this article was about the obligations of States to
respect, protect and fulfil human rights and the obligations of non-State actors had been
removed from the draft. They also suggested that the relationship between peasants and the
environment had been adequately covered in the preamble of the text. Some civil society
organizations welcomed the proposal for a new paragraph, while others reminded
participants of the role of peasants in the sustainable use of the environment, calling them
guardians of the environment.
Article 3. Equality and non-discrimination, and right to development
50.
There were no major objections to the content of article 3. Some delegations and
civil society organizations made concrete suggestions on language. One delegation
highlighted the importance of sustainable development and stated that the right to
development did not mean peasants were entitled to cut down pristine forests to cultivate
the land. In that context, it suggested adding a reference to sustainability in line with the
2030 Agenda for Sustainable Development. One delegation stated that it did not have a
common position on the right to development. Another delegation suggested that the title of
article 3 should reflect the fundamental principles of human rights, namely equality, non8
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