BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

In the following section a brief overview of relevant human rights at stake shall be given, even though space constrains prevent a more detailed discussion of the multi- dimensional and complex relationship between human rights and land grabbing. ICCPR and ICESCR (the two principal human rights covenants of 1966) contain, as is well known, common Article 1, which enshrines the collective right to self- determination and in its para. 2 the right of all peoples “ for their own ends, freely dispose of their natural wealth and resources ”. With regard to land grabbing, in particular the last sentence of Art. 1 para. 2 is of importance, stipulating that “ In no case may a people be deprived of its own means of subsistence. ” The issue of the loss of access to land and resources has indeed become one of the focuses of public discourse on human rights impacts of land grabbing. 21 Even though international law de lege lata does not recognize a right to land as such, land rights are closely interrelated with the realisation of other human rights, such as the right to property; 22 right to adequate food, where the food security of people depends on land and natural resources; 23 right to adequate housing, being part (similarly to the right to adequate food) of the right to an adequate standard of living; 24 and rights of minorities and indigenous people. 25 There is another group of human rights, which do not constitute the central part of the land grabbing discourse but are inherent in this issue and thus also at stake. One part of them can be identified on the basis of the fact that large land deals can lead e.g. to an increased use of agrochemicals, higher demand for water or its contamination, thus generally having an impact on the environment. Consequently, relevant enjoyment of relevant human rights may be in danger, such as of the right to health, 26 the right to 21 European Union, Policy Department DG External Policies. Addressing the human rights impacts of “land grabbing” , December 2014, p. 16. The report provides further information and links to report of land dispossession (p. 16) (hereinafter: EU, Addressing the human rights impacts of “land grabbing” ). 22 Article 17 UDHR. 23 See especially De Schutter’s report, which addresses specifically this issue, i.e. the relationship between the right to food and land access. De Schutter points out that every State is obliged to “ refrain from infringing on individuals’ and groups’ ability to feed themselves where such an ability exists (respect), and to prevent others - in particular private actors such as firms - from encroaching on that ability (protect). Finally, the state is called upon to actively strengthen individuals’ ability to feed themselves (fulfil).” (De Schutter, Large-scale Land Acquisitions and Leases , op. cit. 4, p. 2). 24 Article 25 UDHR; Article 11 ICESCR. Cf. also General Comment No. 7, “The Right to Adequate Housing (Article 11 of the Covenant): Forced Evictions”, Committee on Economic, Social and Cultural Rights, 20 May 1997. According to the General Comment, forced evictions constitute prima facie violations of the right to housing. 25 Access to land for indigenous people enjoys specific forms of protection according to the ILO Convention No. 169 and the UN Declaration on the Rights of Indigenous Peoples. Article 10 of the latter instrument enshrines the right not to be forcibly removed from one’s lands or territories and stipulates as the precondition for relocation the free, prior, and informed consent of the indigenous people after agreement on just and fair compensation as well as, where possible, the option of return. The UN Declaration on the Rights of Indigenous Peoples contains a similar rule: any change in land use should take place only with the free, prior, and informed consent of the local communities concerned. States are also obliged to provide effective mechanisms for prevention of, and redress for, any action, which has the aim or effect of dispossessing indigenous peoples of their lands, territories or resources. 26 Article 12 ICESCR.

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