A/HRC/39/67
Article 10
Right to participation
Peasants and other people working in rural areas should also participate in the formulation
and implementation of agricultural policies, on top of food safety, labour and
environmental standards that may affect them.
The principle of prior, free and informed consent for local communities was eliminated,
since it is enshrined in other sources of international law. However, and in order to
guarantee the participation of peasants and other people working in rural areas, the
language agreed in the Guidelines on Responsible Governance of Land Tenure that
includes the main elements of participation in its principle was included. Article 10 should
be interpreted systematically with Article 2.3 of the Declaration, and other relevant norms
of international law, which recognize free, prior and informed consent for local
communities, such as the Nagoya Protocol.
Article 11
With regard to the proposal of a State to eliminate paragraph 3 of article 11, referring to fair
market systems and the appropriate systems of evaluation and certification, it is important
to remember that the origin of this article was to avoid applying an equal treatment for
producers of food at the industrial level and for small-scale peasant producers. This would
generate discrimination and end up excluding small farmers from the market. For this
reason it is advisable not to delete this paragraph. In the event of any reformulation of the
text, it is recommended to ensure that at least safeguards are established, that protect
peasant farmers and other persons working in rural areas from the discriminatory impact of
generalized certifications.
Article 15
Peasants and other people working in rural areas have the right to adequate food. This
includes the right to produce food and the right to adequate nutrition, which guarantees the
possibility of enjoying the highest degree of physical, emotional and intellectual
development.
Rural children are particularly at risk of hunger and malnutrition and inadequate access to
nutritional education and healthcare. The paragraph also recalls the obligation of States to
meet the nutritional needs of rural pregnant and lactating women, as highlighted by
CEDAW in its general recommendation 34 on the rights of rural women. The importance of
addressing micronutrient deficiencies and misinformation on infant feeding are also raised
in guideline 10 on nutrition of the Voluntary Guidelines to support the progressive
realization of the right to adequate food in the context of national food security.
The text builds on the definition of the right to food provided in ICESCR. It applies to the
specific situation of peasants and other people working in rural areas by including a
reference to the production of food as one of the ways of securing access to food. As
emphasized by the Special Rapporteur on the right to food, individuals can secure access to
food (a) by earning incomes from employment or self-employment; (b) through social
transfers; or (c) by producing their own food, for those who have access to land and other
productive resources.
The text also elaborates on the obligation of States to progressively realize the human right
to adequate food. As highlighted by CESCR, States have a core obligation to take the
necessary action to mitigate and alleviate hunger. The core content of the right to adequate
food implies the availability of food in a quantity and quality sufficient to satisfy the dietary
needs of individuals, free from adverse substances, and acceptable within a given culture.
56
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents