Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 32
Paragraph- Paragraph text
- Contracts should facilitate communication between parties through appropriate management structures and should identify ways of resolving disputes. It should be acknowledged that in the vast majority of cases where one of the parties fails to comply with the requirements of the contract, there is no resort to courts because the sums involved are too small and because, in many developing countries, courts are in practice inaccessible to the rural poor. Buyers, on the other hand, are reluctant to use formal legal procedures, not only because it is impractical to do so, but also because of the risk that the relationships with the farming communities will turn sour. The real sanctioning mechanism is the breakdown of the contractual relationship. The farmer will refuse to continue to supply the buyer if he or she feels that the relationship is imbalanced, and the firm will cease buying from the farmer if it considers that he or she is not complying with the expectations set. Therefore, while the legal system is one of the main accountability mechanisms available, other mechanisms should be established. Among them are negotiation spaces, independent arbitration mechanisms, forums in which farmers can raise concerns and conflict mediation by non-governmental organizations or third parties. Regular meetings should be organized between the parties to ensure a consistent flow of communication so as to identify problems early on. Specific quotas to ensure the equitable representation of women on committees representing contracting farmers could be established.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2011
- Paragraph type
- Other
- Reference
- SR Food, Report to the UNGA (2011), A/66/262, para. 32.
- Paragraph number
- 32
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Date added
58 relationships, 58 entities