A/HRC/39/67
Article 17. Right to land and other natural resources
74.
The discussion on article 17 focused on the concept of the right to land. Some
delegations stated that the declaration should not create new rights and called for “access”
rather than “right” to land. Some of them raised concerns that references to land reform
would create obligations for States. One delegation called for a legal basis in cases of
expropriation and for equitable compensation. Other delegations pointed out that
instruments on specific groups dealt with their specific rights and that the right to land was
not a new right but a historical right of peasants that should be recognized in the
declaration. For one expert, the right to land should not be limited to adequate living
conditions but was an important component of the full enjoyment of all human rights. The
right to land was discussed in various forums and recognized in international and national
legislation. In addition, land was a part of peasant identity, further justifying why the right
to it should be recognized. Several civil society organizations and experts pleaded for the
present version of the article and pointed out that land reform was already mentioned in the
International Covenant on Economic, Social and Cultural Rights and the FAO Voluntary
Guidelines, as well as in the 2030 Agenda for Sustainable Development and the Sustainable
Development Goals. The Chair clarified that this obligation did not concern countries that
had already gone through the process but those that still needed to do it.
Article 18. Right to a safe, clean and healthy environment
75.
There were no major objections to the content of article 18. One delegation
requested deletion of the reference to “right” in the title of article 18, as well as the change
from “people” to “persons” throughout the article and the declaration. The same delegation
spoke out against the creation of new human rights and that the declaration should not
create the impression of an internationally accepted right to a safe, clean and healthy
environment, in order to allow for different equally effective approaches. Another
delegation welcomed the new formulation of the article, with the understanding that the
title would not be kept in the final version of the declaration. In other interventions,
delegations stressed that a “safe, healthy and clean environment” was not a commodity but
a right, grounded in international and regional instruments. Experts emphasized that this
right was recognized in detail in article 29 of the United Nations Declaration on the Rights
of Indigenous Peoples, other regional instruments and reports by the Special Rapporteur on
the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and
sustainable environment. Another expert welcomed the suggestion that sustainable
biodiversity be added.
Article 19. Right to seeds
76.
Some delegations stated that they did not recognize the right to seeds and instead
called for “access to” seeds. They were concerned that article 19 could undermine
international agreements on intellectual property and the mandate of the World Intellectual
Property Organization. Those delegations made language suggestions to that effect, which
are contained in annex III. Another delegation highlighted its concerns but had no concrete
wording to improve the text. Numerous other delegations stated that the right to seeds was a
fundamental right for peasants and was threatened by changes to patent law, such as
allowing patents to be taken out on existing varieties. One delegation reiterated the
importance of having the “right to” seeds and not “access to” as that related to a financial
transaction. Civil society organizations endorsed the draft article in its entirety and urged
States to protect small-scale fisherfolk, who had maintained their practice without
disrupting the ecosystem but were now increasingly being marginalized and dispossessed
because of industrial fishing. Experts and civil society organizations called for the
recognition of the right to seeds, present in the International Treaty on Plant Genetic
Resources for Food and Agriculture and the United Nations Declaration on the Rights of
Indigenous Peoples, and affirmed the primacy of human rights over intellectual property
rights. Moreover, several participants stated that there was no dispute with conventions
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