A/HRC/39/67
CSRC
Including women’s rights to “productive resources” including natural resources, financial
resources — banking, credit loan, social resources — education, skills, information, health
care, energy, technology, and political participation in all decision making processes.
Mr. Chairman, I would like to draw your attention in following points;
1.
We further ask the WG to Recognise women’s rights to Private property —
including inheritance of agricultural land, house, etc. whether under secular or under
customary/personal law. So I would like to take your attention to add (k.) “to promote
inheritance in housing and agriculture land of women and men”
2.
Ensure rural Women rights to Public resources — including land redistribution, joint
land leasing, common property resources (for water, fuel, grazing, forests, street markets,
etc.), public services for water, energy, and food security, all kinds of social protection
measures, infrastructure and market access, technological resources and training.
3.
Ensure rural women can acquire assets including Property and other resources in the
market. Remove all direct and indirect obstacles including bureaucratic administrative
process.
Article 5
EU
Title: Right Access to natural resources
1.
Peasants and other people persons working in rural areas have the right to have
access to and to use in a sustainable manner and in line with the pertinent
requirements set out in environment protection legislations, the natural resources
present in their communities that are required to enjoy adequate living conditions. They
have the right to participate in the management of these resources and to enjoy in a fair and
equitable way the benefits of their development and conservation in their communities.
2.
States shall take measures to ensure that any exploitation of the natural resources
that peasants and other people persons working in rural areas traditionally hold or use is
permitted based on:
(a)
A social and environmental impact assessment duly conducted by technically
capable and independent entities, with the individual and collective involvement of
peasants and other people persons working in rural areas;
(c)
Modalities for the fair and equitable sharing of the benefits of such
exploitation that have been established on mutually agreed terms between those exploiting
the natural resources and the peasants and other people persons working in rural areas.
Brazil
We consider that there is a need to improve the text of Article 5, paragraphs 2 and 2(a).
Those paragraphs seem to link any kind of exploitation of natural resources, including
those by peasants, to a social and environmental impact assessment analysis.
We consider that not necessarily all traditional practices of peasants and traditional
communities have to be submitted to a social and environmental impact assessment.
In addition, we are concerned that the expression “independent entities” in paragraph 2 (a)
lacks definition. In the case of Brazil, this would mean: the Brazilian Institute of
Environment and Renewable Natural Resources (IBAMA), which is an independent public
agency in charge of environmental impact assessments in protected areas, including those
occupied by traditional communities.
In this context, and in line with article 14, paragraph 1 (a) of the Convention on Biological
Diversity, which is, we believe, one of the sources of article 5 of this draft Declaration, we
would propose the following edits in paragraph 2:
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