United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

By staff - Serikat Petani Indonesia, March 16, 2024

By Jan Morril and Brytnee Laurette - Earthworks, December 11, 2023

January 25, 2024, will mark the fifth anniversary of the catastrophic tailings dam failure at Vale’s mine in Brumadinho, Brazil, where 272 people, including two pregnant women, died. Vale, who knew about the dam’s stability concerns, failed to protect its workers and residents in nearby downstream communities. Today, company representatives are facing homicide charges for their role in the tragedy.

As the UN Climate Change Conference (COP) winds down in Dubai, several of the world’s biggest mining companies, like Vale and Rio Tinto, have attempted to influence climate conversations over the last two weeks with representatives of governments, negotiators, businesses, and civil society groups. 

Meanwhile, communities, NGOs, and trade unions–who have seen firsthand the abuses of these companies–continue to bring attention to the need for higher standards on human rights and responsible solutions to mining’s environmental risks, such as mining waste. They also call for stricter adherence to the principles of the United Nations Declaration on the Rights of Indigenous Peoples.

Despite many promises to the contrary, mining corporations continue to ignore these demands.

In the years since, Vale has invested in improving its image in Brazil and abroad. “Our commitment is to prioritize people, repair, and guarantee a safe operation,” Vale states in its promotional materials. However, people living near Vale’s mines continue to experience human rights violations, environmental degradation, and trauma. Vale’s actions reveal that it still does not prioritize people. Instead, it remains focused on its bottom line and saving its reputation. 

By Jessie MacInnis - La Via Campesina, July 11, 2023

When the UNDROP was adopted at the United Nations General Assembly in December 2018, Canada abstained. Despite that, Canada is one of the first places where UNDROP has been explicitly cited by a provincial court in a case related to migrant workers’ rights. Jessie MacInnis explains for us the dynamics at play in Canada on Peasants’ Rights and the importance of case law.

First, to give us some context, could you describe us the general landscape of agriculture in Canada?

Agricultural policies have increasingly tied agriculture to a corporate system in Canada. Recent examples relate to the reduction of government oversight of seeds and gene-edited plants. The Canadian government has put its faith in agribusiness and biotech corporations instead of science and public interest. It’s very scary for farmers, especially for organic farmers, such as myself, who may suffer financial, health, and ecological implications from increasing corporate capture of seeds and the gutting of publicly-funded seed research and development.

COVID-19 has shown the cracks and deep rooted inequities that keep land inaccessible, rural communities gutted of resources, and farmers indebted and dependent on the companies selling inputs and chemicals. It also showed the dependence on a constant supply of migrant workers who suffer from human rights abuses. Yet it has been a time of enormous profit increases for corporations in the sector. On top of that we have the climate crisis and the income crisis, with income that have been stagnant for years and many farmers relying on off-farm work to make ends meet. Agriculture policies are beginning to wake up to the realities of the climate crisis, with more funding available for on-farm climate adaptation, but the income crisis is still prevalent for small-scale and family farms, which are the backbone of the food system.

Ƒinally, If we talk about agriculture in Canada, we have to acknowledge that it is built on settler colonization and stolen land. The National Farmers Union (NFU) is engaging in conversations between farmers and Indigenous Peoples, conversations about land equity, land back, and food sovereignty, but it’s just the beginning. Our agriculture is built on colonial violence that still hasn’t been reconciled. Farmers have a critical role to play in both acknowledging our relationship to the land and finding pathways forward towards living in right relations with Indigenous Peoples.

In this agricultural landscape we have a plurality of perspectives with regards to how agriculture policies should be developed, and whose goals it seeks to achieve. Some of the bigger agriculture organizations definitively may have historically had more sway with policymakers, but the NFU and other food sovereignty activists are gaining ground, especially at local and regional levels.

In 2020, Ontario Superior Court of Justice released a decision based on UNDROP in defense of a group of migrant farm workers during the COVID-19 pandemic. Can you tell us more on this decision?

This case shows the legal potential of the UNDROP, I think legal action is one pathway for countries who have not approved the Declaration at the United Nations to incorporate its articles and set legal precedents.

In 2020, at the height of the COVID-19 pandemic the Canadian Lawyers for International Human Rights used Article 23 of UNDROP in a provincial court in defense of a group of migrant workers facing dangerous, overcrowded living conditions.

To give some context, Canadian farms employ nearly half a million agricultural workers through a federal program. This program has been riddled with accusations of human rights violations over the years: poor living conditions, low wages and no pathways to permanent residency. At the same time, Canada is dependent on their labour to ensure the food supply.

In March 2020, just after the state of emergency was announced, the federal government mandated a 14-days isolation period for all temporary foreign workers entering Canada, at the same time ensuring workers subjected to isolation in groups would have at least 2 meters per person at all time and limiting the numbers of workers living together in a lodging.

When this policy was mandated, a major industrial farm in Ontario (central Canada) that employs migrant workers, submitted two inadequate self-isolation plans before requesting a hearing regarding the public health order limiting the numbers of farm workers in one lodging. At the hearing the farm argued that the requirement of three farm workers per lodging was arbitrary and failed to recognize the significance of migrant farm workers to Canada food supply. They argued they had not been able to bring in as many migrants as they would normally, and this jeopardized their food production.

The Superior Court of Justice of Ontario responded by saying that: “decreasing health inequities as required under the guidelines requires that the number of workers that are allowed to isolate together is such that the risk posed to their health is comparable to the rest of the population when they’re quarantined. Allowing larger numbers to isolate together exposes migrants farm workers to a level of risk not tolerated for others in the community, thereby increasing vulnerability of an already vulnerable group.”

In reaching this outcome, the Court cited the UNDROP for the first time in Canada. The way they cited it is important: “…furthermore the UNDROP is part of the body of HR laws and norms to which Canadian adjudicators may look in interpreting statutory or common-law obligations and in reviewing administrative decisions.”. They cited article 23.1, which states: “Peasants and other people working in rural areas have the right to the enjoyment of the highest attainable standard of physical and mental health.”.

So the context and the outcome of the case is demonstrative of the applicability of the Declaration in the Canadian context. Promoting this case is something we need to keep doing. It’s strategic to expand the network of human rights lawyers that are aware of UNDROP and to give them this as an example.

By staff - European Environmental Bureau, July 10, 2023

The 21st century demands global efforts that provide solutions to multiple social and environmental crises that negatively impact economies. Many solutions are available to us, and demand a political will to advance on some existing tools (such as product ecodesign legislation or product bans), and a political discourse to develop new tools (such as energy production limits) that will all potentially result in societal transformation that brings humanity comfortably back within planetary boundaries in an equitable way.

Most of the converging social and environmental crises we are facing are a result of the over-consumption of resources due to unsustainable production and consumption patterns in increasingly unequal societies regardless of the level of development of any given country.

This Position Paper (download file here) delves into the main issues that arise within this context in regard to the Critical Raw Materials Act, and has been written by a multitude of civil society organisations.

The version in other languages:

• Position paper (FR)
• Position paper (DE)
• Position paper (ES)

Download a copy of this publication here (PDF).

By staff - La Via Campesina, September 6, 2022

After more than two years, the COVID-19 pandemic is still a reality in our daily lives. More people today still bear the brunt of the pandemic with health restrictions, limited access to markets, worsening hunger and poverty, inequality, and also repression to people’s fundamental rights. During this period, hundreds of millions of people have contracted COVID-19, and over six million people succumbed to death. For peasants and other people living in rural areas, the pandemic has shown the importance of local, peasants’ food systems that are feeding the people and preventing widespread hunger. It is time to transform. The rights of people, dignity, and solidarity, not profits, should be the foundation of the new society post-pandemic.

In similar notes, Michael Fakhri, the UN special rapporteur on the right to food, examines the emerging issues concerning the COVID-19 pandemic and the right to food. The report, entitled “The right to food and the coronavirus disease pandemic” (document A/77/177, available in English, Spanish, French, Arabic, Chinese, and Russian).

In this report, Fakhri summarizes the current situation of pandemic and framing the problem during pandemic times: especially the lack of concerted actions by governments all over the globe and the exacerbated situations done by corporations in putting profits first before humanity. The Special Rapporteur goes further showing the fragility of our general food systems in these pandemic times, highlighting that “[The pandemic] has underlined the value of sharing and solidarity, and the importance of the application of traditional, local knowledge in times of extreme hardship. Communities persevered when they were not exclusively dependent on food value chain operations for their food security. Resilient solutions included localized markets, public food reserves and associated public food distribution systems, mutual assistance and the sharing of food, as well as jut transition to agroecology [as a means for adapting to climate change].”

The report benefited from a series of regional consultations with civil society and inputs from Member States of the United Nations. Therefore it is worth to mention that just transition for workers was raised as one of the solutions for immediate response to the pandemic and the current food crisis, along with upholding land rights and genuine agrarian reform, curtailing corporate power, developing action plans on the right to food based on the principles of solidarity, self-sufficiency, and dignity, addressing debt crisis and financial needs, and ensuring that international trade law and policy create fair and stable markets.

The important report also makes good references to the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP), the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), provisions from International Labour Organization (ILO) and United Nations Children’s Fund (UNICEF), also the Food and Agricultural Organization (FAO).