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Gender and all forms of discrimination, in particular racism, racial discrimination, xenophobia and related intolerance 2001, para. 1g
- Paragraph text
- [Actions to be taken by Governments, the United Nations and civil society, as appropriate]: The Platform for Action recognized that women face barriers to full equality and advancement because of such factors as their race, age, language, ethnicity, culture, religion or disability, because they are indigenous women or of other status. Many women encounter specific obstacles related to their family status, particularly as single parents, and their socio-economic status, including their living conditions in rural, isolated or impoverished areas. Additional barriers also exist for refugee women, other displaced women, including internally displaced women, as well as for immigrant women and migrant women, including women migrant workers. Many women are also particularly affected by environmental disasters, serious and infectious diseases and various forms of violence against women;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Environment
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2001
- Date added
- Aug 19, 2019
Paragraph
Access and participation of women and girls in education, training and science and technology, including for the promotion of women's equal access to full employment and decent work 2011, para. 22ss
- Paragraph text
- [The Commission urges Governments, at all levels [...] to take the following actions, as appropriate:] [Making science and technology responsive to women's needs]: Respect, preserve and maintain women's traditional knowledge and innovation while recognizing the potential of rural and indigenous women to contribute to the production of science and technology and of new knowledge to improve their lives and those of their families and communities;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Education
- Environment
- Gender
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Article 27: The rights of minorities 1994, para. 7
- Paragraph text
- With regard to the exercise of the cultural rights protected under article 27, the Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, specially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
Rights of rural women 2016, para. 59a
- Paragraph text
- [States parties should ensure that legislation guarantees rural women's rights to land, water and other natural resources on an equal basis with men, irrespective of their civil and marital status or of a male guardian or guarantor, and that they have full legal capacity. They should ensure that indigenous women in rural areas have equal access with indigenous men to ownership and possession of and control over land, water, forests, fisheries, aquaculture and other resources that they have traditionally owned, occupied or otherwise used or acquired, including by protecting them against discrimination and dispossession. In addition, States parties should:] Promote rural women's access to and meaningful participation in agricultural cooperatives, in which women may be members or the sole members;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Rights of rural women 2016, para. 59c
- Paragraph text
- [States parties should ensure that legislation guarantees rural women's rights to land, water and other natural resources on an equal basis with men, irrespective of their civil and marital status or of a male guardian or guarantor, and that they have full legal capacity. They should ensure that indigenous women in rural areas have equal access with indigenous men to ownership and possession of and control over land, water, forests, fisheries, aquaculture and other resources that they have traditionally owned, occupied or otherwise used or acquired, including by protecting them against discrimination and dispossession. In addition, States parties should:] Strengthen customary and statutory institutions and mechanisms for defending or protecting women's rights to land, water and other natural resources, including community paralegal services.
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to water (Art. 11 and 12) 2002, para. 16c
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Rural and deprived urban areas have access to properly maintained water facilities. Access to traditional water sources in rural areas should be protected from unlawful encroachment and pollution. Deprived urban areas, including informal human settlements, and homeless persons, should have access to properly maintained water facilities. No household should be denied the right to water on the grounds of their housing or land status;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2002
- Date added
- Aug 19, 2019
Paragraph
The right to water (Art. 11 and 12) 2002, para. 16d
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Indigenous peoples' access to water resources on their ancestral lands is protected from encroachment and unlawful pollution. States should provide resources for indigenous peoples to design, deliver and control their access to water;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Water & Sanitation
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2002
- Date added
- Aug 19, 2019
Paragraph
The right to water (Art. 11 and 12) 2002, para. 16e
- Paragraph text
- [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Nomadic and traveller communities have access to adequate water at traditional and designated halting sites;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Water & Sanitation
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2002
- Date added
- Aug 19, 2019
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 37
- Paragraph text
- Indigenous peoples have the right to act collectively to ensure respect for their right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literature, designs, sports and traditional games, and visual and performing arts. States parties should respect the principle of free, prior and informed consent of indigenous peoples in all matters covered by their specific rights.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2009
- Date added
- Aug 19, 2019
Paragraph
Indigenous children and their rights under the Convention 2009, para. 35
- Paragraph text
- The Committee reiterates its understanding of development of the child as set out in its general comment No. 5, as a "holistic concept embracing the child's physical, mental, spiritual, moral, psychological and social development". The Preamble of the Convention stresses the importance of the traditions and cultural values of each person, particularly with reference to the protection and harmonious development of the child. In the case of indigenous children whose communities retain a traditional lifestyle, the use of traditional land is of significant importance to their development and enjoyment of culture. States parties should closely consider the cultural significance of traditional land and the quality of the natural environment while ensuring the children's right to life, survival and development to the maximum extent possible.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Year
- 2009
- Date added
- Aug 19, 2019
Paragraph
Access to land and the right to food 2010, para. 3
- Paragraph text
- For some of the groups that are the most vulnerable today, this means protecting existing access to land, water, grazing or fishing grounds, or forests, all of which may be productive resources essential for a decent livelihood. In such cases, as detailed below, the right to food may complement the protection of the right to property or of indigenous peoples' relationship with their lands, territories, and resources. In other cases, because landlessness is a cause of particular vulnerability, the obligation of the State goes further: it is to strengthen such access or make it possible - for example, through redistributive programmes that may in turn result in restrictions on others' right to property. This obligation of States is especially clear in cases in which the members of such groups have no alternative means of producing food or gaining sufficient income to purchase food that is sufficient, adequate and culturally acceptable.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Access to land and the right to food 2010, para. 12
- Paragraph text
- In addition, the right of all peoples to freely dispose of their natural wealth and resources - as provided for in article 1 of the International Covenant on Economic, Social and Cultural Rights of 16 December 1966 and in article 1 of the International Covenant on Civil and Political Rights of 16 December 1966 - entails the protection of indigenous peoples from certain forms of dispossession from their territories or from the resources on which they depend. Article 5 (d) (v) of the International Convention on the Elimination of All Forms of Racial Discrimination also protects the right of indigenous communities to their lands. And the right of indigenous peoples to the official recognition and registration of their territories has been affirmed under relevant regional human rights instruments. The Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights consider that indigenous people's traditional possession of their lands has effects equivalent to those of a State-granted full property title: therefore, where members of indigenous peoples have unwillingly lost possession of their lands after a lawful transfer to innocent third parties, they are entitled to the restitution thereof or to obtain other lands of equal extension and quality. The right of indigenous communities to their lands includes the right to the natural resources contained therein. Property, as protected under article 21 of the American Convention on Human Rights, is considered to constitute a collective right of indigenous people, since land ownership is often centred not on the individual, but rather on the group and its community. Thus, States may have to recognize the customary systems of land tenure that protect communal property rights - for example, by giving the community a right to veto the alienation of its land by one of its constituent members, whether an individual or a clan, village or tribe.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Access to land and the right to food 2010, para. 13
- Paragraph text
- International human rights law protects the relationship of indigenous communities with their lands, territories and resources by requiring States to demarcate such land, protect it from encroachment and respect the right of the communities concerned to manage it according to their internal modes of organization. Although sometimes those guarantees seem to be honoured more in the breach than in the observance, case law shows that use rights derived from customary tenure can be recognized and protected by the legal system; it also shows that the right to communal property - a right of the community rather than of the individual - is an alternative to individual property rights. On both counts, it can serve as a source of inspiration, in order to enhance the protection of the rights of other users of natural resources.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Access to land and the right to food 2010, para. 40c
- Paragraph text
- [In order to respect the right to food, States should:] Respect the needs of special groups. States should implement the specific rights of indigenous peoples by demarcating their lands and territories and by providing them with specific protection. States should also protect access to fishing grounds, grazing grounds and water points for fisherfolk, herders and pastoralists, for whom the protection of commons is vital. The recognition of communal rights should extend beyond indigenous communities, at least to certain communities that entertain a similar relationship with the land, centred on the community rather than on the individual;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Acroecology and the right to food 2011, para. 27
- Paragraph text
- The diversity of species on farms managed following agroecological principles, as well as in urban or peri-urban agriculture, is an important asset in this regard. For example, it has been estimated that indigenous fruits contribute on average about 42 per cent of the natural food-basket that rural households rely on in southern Africa. This is not only an important source of vitamins and other micronutrients, but it also may be critical for sustenance during lean seasons. Nutritional diversity, enabled by increased diversity in the field, is of particular importance to children and women.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Assessing a decade of progress on the right to food 2013, para. 13
- Paragraph text
- The obligation to protect requires that the State protect individuals' enjoyment of the right to food against violations by third parties (namely, by other individuals or groups or private enterprises), including by establishing an adequate regulatory framework. Courts too may play a role by intervening where private actors violate the right to food. For instance, in a case on which the Special Rapporteur wrote a letter of allegation, the High Court of Uganda at Kampala ordered on 28 March 2013 that compensation be paid to 2,041 individuals who had been evicted from their land in August 2001, when the Government of Uganda gave the land to a German company to establish a coffee plantation. The Court not only held agents of the State liable but also stated that the investors "had a duty to ensure that our indigenous people were not exploited. They should have respected the human rights and values of people and as honourable businessmen and investors they should have not moved into the lands unless they had satisfied themselves that the tenants were properly compensated, relocated and adequate notice was given to them." This illustrates how courts are in a position to protect individuals against the action of third parties and how private enterprises also have a responsibility to respect human rights and to carry out human rights due diligence to identify, prevent, mitigate and account for how they address their impacts on human rights, as stipulated in the Guiding Principles on Business and Human Rights (see A/HRC/17/31, annex, paras. 6 and 17-21).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Vision of the mandate 2014, para. 42
- Paragraph text
- Climate change, sustainable resource management and food security are now widely considered among the most complex, interdependent and urgent global policy challenges. With average temperatures predicted by the world scientific community to rise by 2-4° C by the end of the century, the ability of entire regions to maintain current levels of agricultural production is being threatened and many of the adverse effects of climate change are now acutely felt. Individuals and communities already in vulnerable situations and at risk of discrimination due to geography, poverty, gender, age, indigenous or minority status and disability are often disproportionately affected.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Food & Nutrition
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Impact of climate change on the right to food 2015, para. 32
- Paragraph text
- While more affluent countries are better able to cope with the effects of climate change, nations with a higher proportion of people living in poverty may not have access to necessary infrastructure and resources and their populations have fewer opportunities to diversify their livelihoods and reduce their dependence on agriculture. Within this group of vulnerable populations, small-scale farmers and indigenous peoples, particularly women who depend on climate-sensitive natural systems for their food and livelihoods, are expected to be particularly susceptible to the effects of climate change on their food security.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Poverty
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Impact of climate change on the right to food 2015, para. 39
- Paragraph text
- Indigenous peoples often live in physically isolated and harsh environments and rely on fragile ecosystems that are particularly susceptible to climate change and natural disasters. Such ecosystems include tropical rainforests, arctic regions, deserts, low-lying and coastal areas, small islands, open grasslands and mountainous areas. Damage to these ecosystems threatens indigenous peoples' resource bases and traditional ways of securing food. As a result of a decline in biodiversity, traditional subsistence food is being lost in these regions, along with access to medicinal plants traditionally used to ward off pests and disease.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Impact of climate change on the right to food 2015, para. 40
- Paragraph text
- The Intergovernmental Panel on Climate Change has recognized that climate change in polar regions will affect the informal, subsistence-based economy of indigenous peoples, with changing sea ice conditions likely to reduce their ability to hunt the marine mammals that are a significant source of both food and livelihood. Similarly, indigenous peoples living in mountainous areas will suffer a depletion of food sources owing to the loss of alpine flora. Coastal erosion on Pacific islands is threatening agricultural practices while traditional cattle and goat farming is being endangered in arid regions. There is considerable concern that the impacts of climate change may overstrain indigenous and traditional peoples' capacity to cope and adapt (A/HRC/29/19).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Impact of climate change on the right to food 2015, para. 61
- Paragraph text
- Biofuels are biomass-derived fuels designed to replace petroleum. As they depend on soil and water, these resources may be diverted from agricultural purposes and therefore diminish impoverished communities' ability to grow the food they require. In less than a decade biofuel production has increased fivefold and has contributed to high volatility in food prices as well as increases in prices of staple foods. This is of particular concern for low-income countries reliant on international food markets. In recent years, there has been an alarming increase in the number of large-scale land deals for the purpose of producing biofuels. Forced relocations as a result of large-scale land acquisitions and long-term leases pose a particular threat to smallholder farmers and indigenous populations, especially when land rights and tenure are weak. Evidence also indicates that efficient biofuel production depends on capital-intensive farming, which favours large agricultural producers who are better connected to the markets, leaving small-scale farmers in poor countries unable to compete effectively.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Impact of climate change on the right to food 2015, para. 65
- Paragraph text
- Hydropower is presented as a climate-friendly option and a way to increase water storage infrastructure. However, hydropower can also create conflicts between water for energy and water for agriculture. For example, indigenous communities have raised serious objections to the hydroelectric plant in the Alta Verapaz region in Guatemala owing to violations of environmental and human rights norms. The affected people allege that they were never consulted, as required by Guatemalan law and the rules of the clean development mechanism registration process. Another example is the Barro Blanco Hydroelectric Power Plant Project in Panama. It has significantly affected the Ngabe Bugle people who live alongside the Tabasara River. Construction commenced despite evidence that it would impact cultural and religious sites and access to medicinal plants highly valued by the Ngabe people.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Water & Sanitation
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Impact of climate change on the right to food 2015, para. 66
- Paragraph text
- Climate change mitigation strategies that aim to reduce emissions from land use may also have a negative impact on food production methods. The clean development mechanism was established to encourage industrialized States to fund carbon reduction projects in developing countries. It has generated many projects and in 2012 it was estimated to have generated approximately $215 billion for developing countries. Yet the mechanism has been criticized for failing to ensure human rights protections and to prevent the approval of projects that have negative human rights impacts, including on food security, owing to a lack of a rigorous impact assessment procedure for prospective projects. Activities have been proposed that would change land use patterns to reduce carbon emissions or promote carbon capture and storage; it is claimed that such projects have led to the displacement of small-scale farmers and indigenous peoples and that farmers may not be directly compensated for the carbon credits derived from their activities.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Impact of climate change on the right to food 2015, para. 69
- Paragraph text
- While some indigenous and small farmer groups support REDD-plus solutions, others reject these and all other market solutions and urge global organizations to recognize and support the sustainable agriculture of family farmers and indigenous people as a way of maintaining global biodiversity and mitigating greenhouse gas emissions. In fact, some observers contend that, if well supported and scaled up, projects involving peasants and indigenous peoples could reduce current global emissions by 75 per cent by increasing biodiversity, recuperating soil organic matter, replacing industrial meat production with small-scale diversified food production, expanding local markets, halting deforestation and practising integrated forest management.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- Ethnic minorities
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Impact of climate change on the right to food 2015, para. 76
- Paragraph text
- Agroecology is particularly beneficial and well suited to the needs of poor rural communities, as it is relatively labour intensive, most effectively practised on small plots of land and relies on locally produced inputs, thereby reducing dependence on access to external inputs and on subsidies. It is also of particular benefit to vulnerable groups such as smallholder farmers, women and indigenous peoples, owing to their reliance on local inputs and practices. The shift being advocated builds on the skills and experience of the world's small farmers. Farmers living in harsh environments in Africa, Asia and Latin America have developed traditional knowledge and skills that facilitate resilience and sustainability. One of the virtues of agroecology is that it combines local knowledge with innovative technology.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 23
- Paragraph text
- The following examples illustrate the positive role played by regional human rights mechanisms. In the case Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya, the Endorois, a primarily pastoralist indigenous community, were removed from their lands by the Government of Kenya to establish a wildlife reserve. The African Commission found Kenya to have violated articles 8, 14, 17, 21 and 22 of the African Charter. The Commission noted that, as a consequence of its removal, the community had been "relegated to semi-arid land", which was unsuitable for pastoralism. The ability to graze animals, a key means of subsistence for the community, had become impossible as a result of loss of their land and this threatened the community's survival.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 24
- Paragraph text
- In its case SERAC v. Nigeria, the African Commission held that the treatment by Nigeria of the Ogoni indigenous community violated the right to food implied in the African Charter. In their statement to the African Commission, the NGOs submitting the claim contended that: "the Nigerian government ... destroyed and threatened Ogoni food sources through a variety of means. The government ... participated in irresponsible oil development that poisoned much of the soil and water upon which Ogoni farming and fishing depended. In their raids on villages, Nigerian security forces have destroyed crops and killed farm animals. The security forces have created a state of terror and insecurity that ... made it impossible for many Ogoni villagers to return to their fields and animals. The destruction of farm lands, rivers, crops and animals created malnutrition and starvation among certain Ogoni communities."
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 41
- Paragraph text
- Development-induced displacement is an increasingly widespread phenomenon with devastating impact. An estimated 15 million people each year are forced to relocate and resettle as a result of such interventions. Despite some of the more recent efforts to highlight land dispossession, as yet global institutions have been unable to discourage the practices and processes that undermine land rights, prevent equitable access and establish the context for large and small-scale displacements. The expanding mining sector has contributed to strong economic growth in some countries, with mining and oil concessions dramatically increasing in countries. The industry has however also generated social conflict in many States, particularly in rural areas, with mining activities coming into direct competition with small-scale agriculture. Indigenous peoples are particularly vulnerable as they are often forced to leave their land and sources of livelihood. A lack of engagement and opportunities for participation in decisions that affect their lives has left many communities in situations of dire poverty and without access to adequate food and nutrition.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Movement
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 58
- Paragraph text
- Legislation that provides broad discretion to authorities to monitor or oversee the activities of associations poses a grave risk to the continued existence of organizations that engage in activities perceived to be threatening to the State. Groups that advocate against the unsustainable use of natural resources or the use of those resources contrary to the rights of indigenous peoples are often targeted and risk closure, as happened to Fundación Pachamama in Ecuador pursuant to Presidential Decree No. 16. The Special Rapporteur emphasizes that associations are entitled to operational autonomy, which includes the freedom to choose which activities they engage in to achieve organizational goals.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 44
- Paragraph text
- Negative perceptions of the exercise of the right to freedom of peaceful assembly are also manifested through the increasing harassment, intimidation and criminalization of activities by environmental, land rights and other activists and groups that advocate for the effective consultation and participation of affected communities in decisions affecting them. They are charged with crimes that often carry severe sentences, such as sabotage and terrorism. In Chile, the Mapuche indigenous peoples, who have long protested over the loss of their lands and territory, were charged (though eventually acquitted) under the country's anti-terrorism law; legitimate protest had thus been equated with criminal offences (see A/HRC/21/47/Add.3, case CHL 1/2011, and A/HRC/19/44, case CHL 1/2011). In the Philippines, penalties have been imposed under the Penal Code for "grave coercion", an offence defined as using violence to prevent another person from doing something that is not unlawful or compelling the person to do something against their will. The Special Rapporteur was informed that peaceful protestors who obstruct mining company employees and equipment are often charged with grave coercion. Civil society organizations in Canada have expressed concern about the definition of "activities that undermine the security of Canada" contained in the Security of Canada Information Sharing Act proposed in Bill C-51 (Anti-Terrorism Act) and the potential for the authorities to interfere with legitimate peaceful protests that they define as "undermining" security. The Australian State of Tasmania in November 2014 enacted the Workplaces (Protection from Protestors) Act 2014, which makes it a criminal offence to participate in a protest that may obstruct or prevent a business activity or access to a business premises (see also A/HRC/28/85, case AUS 3/2014).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
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