A/HRC/39/67 Article 2 Obligation of States Article 2, in its entirety, is based on existing law and, as such, steps to realize economic, social and cultural rights must be taken immediately as clarified by the General Comments of the Committee on Economic, Social and Cultural Rights. This article is about States’ obligations, to respect, protect and fulfil human rights, Regarding the principle of the progressiveness of rights and the reference to some obligations that cannot be guaranteed immediately, referred to in paragraph 1 of Article 2, it was clarified that although Article 2 refers to the progressivity of certain rights (for example, the right to social security), there are others, such as the obligation of nondiscrimination or the obligations to respect, which can and must be met immediately. This interpretation is consistent with General Observations 3, 9, 14 of the CESCR Committee. Free, prior and informed consent “Free, prior and informed consent” is well established in international law and its implementation is confirmed through the jurisprudence of human rights treaty bodies as well as that of regional bodies. It is a key element of people’s right to participate in decisions that affect their lives, lands and livelihoods. Its practical application needs to be understood in a democratic framework. This principle has been perceived as an expression of the primacy of international human rights law, based on the United Nations Charter, article 103, to be read in conjunction with articles 55 (c) and 1.3 and its preamble. Article 5 Right to natural resources It was recalled that prior and informed consent had been removed from the draft, as some States had objected, so systematic interpretation is necessary in light of the compromise made. The Convention on Biological Diversity, other guidelines and general comments of treaty bodies, should guide the management of natural resources. Peasants contribute to the protection of the environment and of biodiversity, rather than disrupt them. Regarding the proposal to change the word “Right” to “Access” in this article, the original idea is to protect the right of the peasants and to ensure that they can exercise their right to participate in the management of these natural resources. Experts argued that “right” carries more weight than “access” and allows for legal and non-legal recourse. It was also mentioned that FAO Voluntary Guidelines had been adopted by consensus, using the term “right” throughout the text. A proposal to include a reference to the ILO Convention No. 169 that contains the requirement of free, prior and informed consent was supported to the experts It must be remembered that the prior and informed consent of local (non-indigenous) communities is already recognized in a number of legal sources (eg the Nagoya Protocol) and therefore the fact that this principle is not explicitly included in the declaration does not exclude its application under these international instruments. The Declaration must be interpreted systematically with those instruments, for the states that have ratified them. Regarding the preservation of the environment, on the proposal of Switzerland to include a reference to the SDG in the text, it must be taken into account that the goals of the SDGs were established for the States and not for the peasants. Peasants contribute to mitigate climate change, as well as to the co-evolution of diversity. The purpose of this declaration is to clarify the obligations of the States and not the responsibilities of the peasants. Additionally, the Sustainable Development Goals refer to a specific period, while the declaration will have an indefinite application in time, so a reference to the SDG and application would be outdated once the deadline for the SDGs is met. 55