The United Nations' Declaration on Peasants' Rights

This is the first book to address and review the United Nations' Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP), which was adopted by the United Nations General Assembly in December 2018. Food security and sustainable agri-food systems, responsible governance of natural resources, and human rights are among the key themes of the new millennium. The Declaration is the first internationally negotiated instrument bridging these issues, calling for a radical paradigm change in the agricultural sector while giving voice to peasants and rural workers, recognised as the drivers of more equitable and resilient food systems. The book unfolds the impact of the Declaration in the wider realm of law and policy making, especially concerning the new human rights standards related to access and control of natural resources and the governance of food systems. The chapters in the booktouch on a broad array of topics, including women’s rights, the role of and impact on indigenous peoples, food sovereignty, climate change, land tenure, and agrobiodiversity. Voices from outstanding scholars and practitioners are gathered together to inform and trigger a further debate on the negotiation process, the innovative and potentially disruptive contents, the relations with other fields of law, and the practical scope of the Declaration. The volume concludes with a collection of case studiesthat provide concrete examples to help us understand the potential impacts of the Declaration at regional, national, and local levels. This book is the first comprehensive tool to navigate the Declaration and is designed for students, researchers, and practitioners in the fields of food and agriculture law, peasant, agrarian and rural studies, human rights and environmental law, and international development and cooperation. Chapter 6 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Foreword Hilal Elver IntroductionMariagrazia Alabrese, Adriana Bessa, Margherita Brunori, and Pier Filippo Giuggioli 1. The Peasants’ Declaration: State Obligations and Justiciability Francesco Francioni Part I – Rights Holders 2. Defining Peasants in the UNDROP Marc Edelman 3. Indigenous Peoples and Traditional Local Communities in the UNDROP: Synergies and Challenges Adriana Bessa and Jérémie Gilbert 4. No Food Sovereignty without Feminism? Negotiating Gender Equality in theUNDROP Joanna Bourke Martignoni and Priscilla Claeys 5. Shedding a Light on the Human Rights of Small-scale Fishers: Complementarities and Contrasts between the UNDROP and the Small-Scale Fisheries Guidelines Elisa Morgera and Julia Nakamura Part II – Natural Resources Access and Control 6. The Right to Land Lorenzo Cotula 7. The Rights to Water and Sanitation and the UNDROP: the Implementation Challenges of a Comprehensive Approach Mara Tignino, Francesca Restifo, and Tadesse Kebebew 8. The Right to Seeds: Using the Commons as a Sustainable Governance Scheme to Implement Peasants’ Rights?Sandrine Le Teno, Christine Frison, and Samuel Cogolati 9. The Rights to Food and Food Sovereignty in the UNDROP Christophe Golay Part III – Food and Agriculture Governance 10. Peasants Rights and Food Systems Governance Smita Narula 11. The UNDROP and Climate Change: Squaring the Circle? Mariagrazia Alabrese and Annalisa Savaresi 12. Farming Models and Peasants’ rights Eloisa Cristiani and Giuliana Strambi 13. The UNDROP, Biocultural Rights, and Sustainability Standards for Agri-food SystemsAlessandra Di Lauro Part IV – The Declaration on the Ground 14. Land Tenure: Assessing Kenya’s Legal Approach and the Practice towards Landlessness amongst Rural Smallholder Farmers Including Women’s Rights Robert Kibugi 15. Reimagining Agrobiodiversity Conservation and Agricultural Innovation from the Grassroots up: The Case of the Peliti Seed Network in Greece Elsa Tsioumani 16. The Rights of Small-Scale Fisherwomen in the EU: the Potential Impact of the UNDROP Adriana Bessa and Miguel Ángel Martín López 17. The UNDROP and the Case Law of the Inter-American Human Rights System: Potential Impacts and Insights from Hacienda Brasil Verde Case Naiara Posenato 18. Land Acquisition and Public Interest Litigation in India Margherita Brunori and Pier Filippo Giuggioli Conclusions Mariagrazia Alabrese, Adriana Bessa, Margherita Brunori, and Pier Filippo Giuggioli

Mariagrazia Alabrese is Associate Professor at the Institute of Law, Politics and Development at the Sant’Anna School of Advanced Studies, Italy. Adriana Bessa is a Brazilian lawyer, independent researcher, and guest lecturer at the Université Catholique de Lille and the Universidad de Alicante. Margherita Brunori is Postdoctoral Research Fellow in the Department of Sociology and Social Science at the University of Trento and in the Departmnt of Law at the University of Brescia, Italy. Pier Filippo Giuggioli is Associate Professor in the Department of Italian and Supranational Public Law at the University of Milan, Italy.