A/HRC/36/58
135. IUF suggested inserting, in paragraph 2, language on active encouragement, as had
been used by ILO in the Rural Workers’ Organisations Convention, 1975 (No. 141).
Ecuador indicated that the idea of support was to help to address the imbalance between the
negotiation position of peasants and counterparts.
136.
2.
La Via Campesina (Korea) supported article 9 (1).
Article 10
137. The European Union suggested that the words “right to” be deleted from the title,
which should just read “Participation”. Throughout the text “have the right to participate”
should be replaced with “should participate”.
138. Egypt suggested adding “in accordance with national law and legislation” to
paragraph 3.
139. Guatemala believed that the word “participation” should not be qualified and
suggested deleting “meaningful and informed” from paragraph 1. The reference to “land
and livelihoods” should be deleted from paragraph 3.
3.
Article 11
140. The European Union and Guatemala suggested deleting the word “right to” from the
title. Switzerland had no objection to the use of the word “right” in article 11, while
Ecuador was of the view that the text of the article would be stripped of meaning if the
word “right” were to be deleted.
141. On paragraph 2, Guatemala asked how States could ensure effective participation. It
noted that States should, rather, put into place only conditions that were conducive to
participation. The paragraph should not refer to lands and livelihoods.
142. On paragraph 3, Mexico argued that States must ensure certification standards
generally applicable to all without distinction.
143. Several civil society organizations expressed support for the inclusion of the right to
information in the draft declaration. Another civil society organization suggested including
the right to appropriate technology and digitalized information systems, as well as to
information on weather and disaster forecasts.
4.
Article 12
144. The European Union suggested replacing paragraph 1 with language on access to
fair procedures for the resolution of disputes. Egypt proposed replacing “human rights
standards” with “relevant obligations under international human rights law”.
145. Guatemala objected to the reference to individual and collective rights in paragraph
1 and questioned the existence of peasants’ legal systems. It requested that domestic
legislation be mentioned in addition to international standards.
146.
Guatemala indicated a preference for the previous formulation of paragraph 2.
147. La Via Campesina (India) suggested replacing “States shall consider additional
measures” with “States shall take adequate measures” in paragraph 3.
148. On paragraph 4, the European Union proposed referring to effective, independent
and pluralistic national institutions. El Salvador stated that the draft declaration should give
an indication of what States needed to do to strengthen national human rights institutions
and that reference to the principles relating to the status of national institutions for the
promotion and protection of human rights (the Paris Principles) could be made.
149. The European Union proposed deleting “forced assimilation or integration” from
paragraph 5. Guatemala stated that the formulation of paragraph 5 pre-empted the outcome
of disputes on tenure of property and, as such, interfered with the impartiality of the justice
system.
12
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