A/HRC/36/58 Annex IV Additional explanations provided by experts Overarching questions Individually or in community: The language of article 1(1), “alone or in association with others,” may be used to replace “individually and collectively”. Many civil, economic, social and cultural rights have collective dimensions. The language from CESCR general comment 21 whereby rights can be exercised “individually, in association with others and in a group” is another alternative that could be contemplated. There are cases when these rights are realized collectively in a community, for example fishing and raising cattle. In general, farming is often collective. This recognition of collective rights is not new and features in the 2012 FAO Guidelines. Many constitutions in Latin America recognize collective rights. Legal mechanisms, such as class actions, have been established for their protection. Addition of reference to “compliance with national legislation” The United Nations Declaration on the Rights of Indigenous Peoples does not contain reference to compliance with national legislation. Rather, wording similar to that or article 46(3) of the Declaration could be added: “The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law and in accordance with international human rights obligations. Any such limitations shall be nondiscriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society.” Removal of references to “right” Rights referred to in the draft declaration are rights that States have drafted and adopted. They are stated not in the context of a development agency. The proposed declaration is on the rights of peasants and other people working in rural areas. If the word is deleted, the very nature of entitlements to be recognized under law will be eliminated. Preamble Most international agreements include a chapter of definitions. It may be useful, in order to have a clear common understanding, to insert a definition of “food sovereignty”. Article 1 Definition of peasants: The definition of “peasant” in the draft declaration is inspired by the work done by La Via Campesina and by States in the context of the 2012 CFS Voluntary Guidelines on the responsible governance of tenure of land, fisheries, forests in the contest of national food security. The definition emphasizes the relationship with land and environment as means of production. It includes activities that produce certain results which are not necessarily profitable. It embraces the possibility for peasants to self-identify. The draft declaration concerns a particular activity that in the past might have not required protection. A parallel may be drawn to the activities of human rights defenders which are now protected by a specific Declaration. 76