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Access to land and the right to food 2010, para. 11
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- Indigenous peoples are increasingly victims of the exploitation of natural resources on their lands, which are often regarded as belonging to the State. The demarcation of their lands and territories is a lengthy process that includes many obstacles. Participation is generally lacking. Yet, International Labour Organization (ILO) Convention No. 169, concerning indigenous and tribal peoples in independent countries, which entered into force in 1991, provides for a number of guarantees related to land. Although the Convention has been insufficiently ratified, that has been compensated for in part through the adoption on 13 September 2007 by the General Assembly, in its resolution 61/295, of the Declaration on the Rights of Indigenous Peoples, which contributes to the formation of international customary law on this issue. The Declaration provides, in its article 8 (2) (b), that States should prohibit "any action which has the aim or effect of dispossessing [indigenous peoples] of their lands, territories or resources", a requirement that replicates article 18 of ILO Convention No. 169. It also prohibits, in its article 10, any forcible removal of indigenous peoples from their lands or territories, imposing the requirements of free, prior and informed consent, agreement on just and fair compensation and, where possible, the option of return (for relocations).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Access to land and the right to food 2010, para. 10
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- The pressures referred to above exacerbate conflicts over land and lead to a worrisome criminalization of social movements aimed at carrying out agrarian reforms "from below", including by claiming land that is unused and, in their view, should be distributed more equitably. As a result, serious violations of a range of human rights occur, including murders of peasants connected to such activities, which the Special Rapporteur has documented in a number of communications to States. But the increased pressures on land are also a source of concern because of the weak protection of those who depend most on the land for their survival: smallholders, traditional fisherfolk, pastoralists and peoples (including indigenous and tribal peoples) that rely on the products of the forest. The present report first addresses the situation of indigenous peoples, which is specific insofar as the right of such peoples to have their lands demarcated and protected is recognized under international law. It then considers the position of smallholders, who cultivate the land in conditions that are often insufficiently secure, and that of other land users, such as fisherfolk, pastoralists and herders, who are particularly dependent on commons. The key message is that, while security of tenure is important and should be seen as crucial to the realization of the right to food, individual titling and the creation of a market for land rights may not be the most appropriate means to achieve it.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
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