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Título | Fecha de adición | Plantilla | Document | Paragraph text | Organismo | Tipo de documento | Thematics | Temas | Personas afectadas | Año |
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Access to land and the right to food 2010, para. 3 | 19 de ago. de 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2010 | ||
Access to land and the right to food 2010, para. 12 | 19 de ago. de 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2010 | ||
Access to land and the right to food 2010, para. 13 | 19 de ago. de 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2010 | ||
Access to land and the right to food 2010, para. 23 | 19 de ago. de 2019 | Paragraph | As customary forms of tenure are recognized, the relationship between individual and communal rights may vary. For instance, communal land rights may be formalized as an aggregation of individual rights. In Cambodia, although land may be held by indigenous communities as a whole, the 2001 Land Law allows individual community members to leave and receive their share of communal land, subject to the agreement of the entire community. Another approach is to allow local community authorities to administer rights. In Latin American States where indigenous groups have been granted both political rights and land rights, such groups have been able to achieve a degree of autonomy over land management, while gaining tenure security. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2010 | ||
Access to land and the right to food 2010, para. 40c | 19 de ago. de 2019 | Paragraph | [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; | Special Rapporteur on the right to food | Special Procedures' report |
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| 2010 | ||
Acroecology and the right to food 2011, para. 27 | 19 de ago. de 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2011 | ||
Fisheries and the right to food 2012, para. 39 | 19 de ago. de 2019 | Paragraph | First, the right to food requires that States respect existing access to adequate food and abstain from taking measures that result in reducing such access. To fully discharge this obligation, States should refrain from adopting any policy that affects the territories and activities of small-scale, artisanal and indigenous fishers unless their free, prior and informed consent is obtained. National and local courts may play a significant role in this regard. Courts should be empowered, in particular, to adjudicate claims from small-scale fishers whose livelihoods are threatened by measures that infringe on their ability to fish so as to provide sufficient income to ensure an adequate standard of living. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2012 | ||
Assessing a decade of progress on the right to food 2013, para. 13 | 19 de ago. de 2019 | Paragraph | 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). | Special Rapporteur on the right to food | Special Procedures' report |
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| 2013 | ||
Assessing a decade of progress on the right to food 2013, para. 51 | 19 de ago. de 2019 | Paragraph | National human rights institutions, ombuds institutions or human rights ombudsmen may go beyond monitoring violations and reporting. They occasionally may seize judicial authorities or trigger action by food and nutrition security councils established under framework laws on the right to food. In Argentina, the National Ombudsman requested in 2007 that the Supreme Court order the national State and the Government of Chaco Province to provide food and drinking water to the province's indigenous Toba communities. In Brazil, a similar role can be played by the Public Ministry, which is composed of independent public prosecutors that can hold public authorities accountable in the implementation of programmes relating to food and nutrition. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2013 | ||
Women’s right and the right to food 2013, para. 48 | 19 de ago. de 2019 | Paragraph | A successful strategy for strengthening the rights of women in support of the realization of the right to food requires a whole-of-government approach, coordinated across various ministries, including those responsible for health, education, employment, social affairs and agriculture. For instance, for the multiplier effects of school-feeding programmes to be maximized, coordinated action between departments responsible for agriculture, education and employment is required. Such a strategy should include targets, defined through a participatory process, and independent monitoring of their achievement within specified time frames. The outcomes to be achieved should be defined through indicators based on the normative components of the right to food, and disaggregated by ethnicity, age and gender in order to ensure that a gender-sensitive approach will be adopted in all sectors, and that multiple forms of discrimination, such as that experienced by older women and indigenous women, is tracked and addressed effectively. The systematic collection of gender-disaggregated data is key to this objective. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2013 | ||
Vision of the mandate 2014, para. 9 | 19 de ago. de 2019 | Paragraph | At the international level, the right to food is recognized as a distinct and fundamental right in a number of international instruments. It was recognized in article 25 of the Universal Declaration of Human Rights and reaffirmed in the International Covenant on Economic, Social and Cultural Rights (article 11) and, through the right to life, in the International Covenant on Civil and Political Rights. It is also conferred in article 3 of the United Nations Declaration on the Rights of Indigenous Peoples. It is further recognized in the Convention on the Rights of the Child (articles 3, 24, para. 2 (c), and 27), the Convention on the Elimination of All Forms of Discrimination against Women (articles 12, para. 2, and 14) the International Convention on the Elimination of All Forms of Racial Discrimination (article 5 (e)) and the Convention on the Rights of Persons with Disabilities (articles 25 (f) and 28, para. 1). | Special Rapporteur on the right to food | Special Procedures' report |
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| 2014 | ||
Vision of the mandate 2014, para. 26 | 19 de ago. de 2019 | Paragraph | Although traditionally the role of women has been a part of the agenda on the right to food, the Special Rapporteur believes that the empowerment of women and the protection of their rights should be placed at the centre of the policymaking process on the right to food. Specific programmes and policies should be developed to empower women as agents of change. That means ensuring that they are granted equal access to resources, such as land ownership or tenure, water and seeds, and financial and technological assistance. The empowerment of women should not be limited to rural areas, but should also be extended to urban women, women from indigenous communities, those living in refugee camps and undocumented migrants. In the agricultural sector, policies tend to be "gender blind or gender sensitive in mild ways", failing to address some of the main obstacles women face. Moving towards gender transformative policies will require major additional efforts on the part of States. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2014 | ||
Vision of the mandate 2014, para. 42 | 19 de ago. de 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2014 | ||
Vision of the mandate 2014, para. 60 | 19 de ago. de 2019 | Paragraph | The Global Strategic Framework for Food Security and Nutrition of the Committee on World Food Security must also be used as a key reference tool for the implementation of effective models of governance concerning food, agriculture and nutrition for States, intergovernmental actors and the corporate private sector. Although it is not a legally binding document, it constitutes a commitment for countries to adopt its principles, options and policy base, as suited to their local needs and circumstances. The document includes provision for the rights of women and children in relation to food security and recognizes the central role played by smallholder farmers, agricultural workers, artisanal fisher folk, pastoralists and indigenous peoples. The primacy of food security and nutrition as a basic human right is the primary responsibility of the State and should be given priority over any other government policy. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2014 | ||
Impact of climate change on the right to food 2015, para. 32 | 19 de ago. de 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Impact of climate change on the right to food 2015, para. 39 | 19 de ago. de 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Impact of climate change on the right to food 2015, para. 40 | 19 de ago. de 2019 | Paragraph | 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). | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Impact of climate change on the right to food 2015, para. 61 | 19 de ago. de 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Impact of climate change on the right to food 2015, para. 65 | 19 de ago. de 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Impact of climate change on the right to food 2015, para. 66 | 19 de ago. de 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Impact of climate change on the right to food 2015, para. 69 | 19 de ago. de 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Impact of climate change on the right to food 2015, para. 76 | 19 de ago. de 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 23 | 19 de ago. de 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 24 | 19 de ago. de 2019 | Paragraph | 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." | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 41 | 19 de ago. de 2019 | Paragraph | 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. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 51 | 19 de ago. de 2019 | Paragraph | There are a number of cases involving TNCs and right to food violations at the domestic level; however, in many of these cases, claims are either based on tort or criminal law rather than human rights legislation, or decisions focus on the involvement of the Government in the violation of rights, and not the company. The case against Nigeria submitted through the African Commission on Human Rights is an example thereof. Another example is the case brought to the Inter-American Commission on Human Rights on behalf of indigenous Guarani people living in the Oriente region in Ecuador against the oil exploitation activities by their own Government and Texaco. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 60 | 19 de ago. de 2019 | Paragraph | General comments do not establish legal obligations, but elaborate on the practical implications of those obligations. The treaty bodies, however, have legally binding powers. In February 2013, the Committee of the Rights of the Child adopted general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children's rights to elaborate on the practical implications of those obligations. The Committee also noted that the existing instruments and guidance did not sufficiently address the particular situation and needs of children. The treaty bodies have also contributed to the protection of the rights of groups such as indigenous people and small-scale farmers, whose rights are routinely disregarded by foreign States and private actors based in third countries. Moreover, in recent years a number special procedure mandate holders have sent various communications to States concerning the application of extraterritorial obligations, especially in cases involving allegations of corporate abuse of human rights in host States. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to justice and the right to food: the way forward 2015, para. 66 | 19 de ago. de 2019 | Paragraph | Transnational campaigns by civil society are also important in developing good practice. For example, Oxfam's "Behind the Brands" campaign called upon TNCs to stop land grabbing. As a result PepsiCo, Coca-Cola and Nestle responded by committing to a "zero tolerance" policy within their supply chains in relation to land grabbing and protecting the land rights of rural and indigenous communities. These are important victories, yet monitoring and proper enforcement by the companies is essential to ensure that these committments are upheld. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 | ||
Access to land and the right to food 2010, para. 1 | 19 de ago. de 2019 | Paragraph | One billion people are hungry today. For the vast majority - smallholders or agricultural workers, herders, artisanal fisherfolk and members of indigenous communities - access to land is a condition for the achievement of a decent standard of living. The reason why approximately 500 million people depending on small-scale agriculture are hungry is not only that the price they receive for their crops is too low and they are less competitive than larger production units, but also that they cultivate plots that are often very small - which makes the vast majority of them net food buyers - and they are often relegated to soils that are arid, hilly or without irrigation as they compete against larger productive units for access to land and water. Whether because small-scale farming has become non-viable or because they have been expelled from the land in the absence of effective security of tenure, many such farmers become agricultural workers on large-scale plantations, where they are often paid lower than subsistence wages and left without social or legal protection. Artisanal fisherfolk pastoralists and agro-pastoralists now face a similar threat: as land becomes scarcer, they increasingly risk being excluded from the fishing and grazing grounds on which they have been able to rely for generations. And the precarious position of indigenous peoples and forest-dwelling populations may be attributed in particular to the increased pressure on the forests on which they depend for their livelihoods. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2010 | ||
Impact of climate change on the right to food 2015, para. 38 | 19 de ago. de 2019 | Paragraph | Indigenous peoples are already among the world's most vulnerable and marginalized communities in many parts of the world owing to discriminatory policies. They are highly dependent on natural resources, with subsistence agriculture, hunting and gathering forming a core part of their livelihoods, and they often have very limited additional income from other activities. Additionally, they may face situations where the land tenure and access rights of their communities are not legally recognized. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2015 |