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Access to land and the right to food 2010, para. 3
- Paragraph text
- For some of the groups that are the most vulnerable today, this means protecting existing access to land, water, grazing or fishing grounds, or forests, all of which may be productive resources essential for a decent livelihood. In such cases, as detailed below, the right to food may complement the protection of the right to property or of indigenous peoples' relationship with their lands, territories, and resources. In other cases, because landlessness is a cause of particular vulnerability, the obligation of the State goes further: it is to strengthen such access or make it possible - for example, through redistributive programmes that may in turn result in restrictions on others' right to property. This obligation of States is especially clear in cases in which the members of such groups have no alternative means of producing food or gaining sufficient income to purchase food that is sufficient, adequate and culturally acceptable.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 6
- Paragraph text
- The pressures on land are increasing dramatically. As rural populations grow, plots cultivated are becoming smaller per capita and per household. In India, the average landholding size fell from 2.6 hectares in 1960 to 1.4 hectares in 2000 and continues to decline; similar evolutions have been documented in Bangladesh, the Philippines and Thailand, where the decline in the average farm size is combined with an increase in landlessness. The trend is not limited to the Asian region. In Eastern and Southern Africa, the amount of cultivated land per capita declined by half over the past generation, and in a number of countries the average cultivated area now amounts to less than 0.3 hectares per capita. This phenomenon is compounded by erosion and soil depletion: worldwide, 5 million to 10 million hectares of agricultural land are being lost annually to severe degradation. And it would be difficult to expand the areas under cultivation to the degree required to accommodate the growth of rural populations, since forests have a major role in storing carbon and deforestation is already a major contributor to greenhouse gas emissions.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 7
- Paragraph text
- These long-term trends have been exacerbated in recent years by policies that have further increased the pressures on farmland. In many regions, under export-driven agricultural policies, large-scale plantations have developed for the production of food, energy or cash crops. While the tendency towards land concentration has resulted primarily from a dominant model of agricultural development that rewards the most mechanized and capital-intensive farms, it has also been encouraged by the expansion of long supply chains. This has generally favoured large agricultural producers, which are better connected to markets and can more easily produce the volumes and meet the standards required for export. The competition among various uses of farmland has recently been increased by policies favouring the switch to biofuels in transport, which leads to competing resource claims on the part of local resource users, Governments and incoming agrofuel producers, creating the risk that poorer groups will lose access to the land on which they depend. A recent inventory by the World Bank listing 389 large-scale acquisitions or long-term leases of land in 80 countries shows that, while 37 per cent of the so-called investment projects are intended to produce food (crops and livestock), agrofuels represent 35 per cent of such projects. For all these reasons, the Special Rapporteur has insisted that investments implying a shift in land rights should be treated with great caution. At the thirty-sixth session of the Committee on World Food Security, he will detail both the risks of large-scale land investments and possible alternative business models.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 25
- Paragraph text
- The protection of land-users' rights should not be limited to improving farmers' security of tenure. Fisherfolk need access to fishing grounds and may be severely affected by the fencing-off of land that provides access to the sea or to rivers. Pastoralists need grazing grounds for the animals that they raise. For these groups, as well as those practicing itinerant forms of agriculture, the formalization of property rights and the establishment of land registries may be the problem, not the solution: it may cause them to be fenced off from the resources on which they depend, making them victims of the vast enclosure movement that may result from titling. In Kenya, pastoralists whose rights were ignored in the formalization process have reportedly been the victims of violent land-grabbing by ranchers and others seeking scarce resources. Since they have no legal claim to the land, they cannot seek redress. In the United Republic of Tanzania, five years after a major titling effort had begun, pastoralists reported their eviction from multiple common grazing areas and were under threat of losing other grazing lands because those lands had been classified as "unused".
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Social & Cultural Rights
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 40c
- Paragraph text
- [In order to respect the right to food, States should:] Respect the needs of special groups. States should implement the specific rights of indigenous peoples by demarcating their lands and territories and by providing them with specific protection. States should also protect access to fishing grounds, grazing grounds and water points for fisherfolk, herders and pastoralists, for whom the protection of commons is vital. The recognition of communal rights should extend beyond indigenous communities, at least to certain communities that entertain a similar relationship with the land, centred on the community rather than on the individual;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 40d
- Paragraph text
- [In order to respect the right to food, States should:] Prioritize development models that do not lead to evictions, disruptive shifts in land rights and increased land concentration. States should carefully consider the development models that they follow, as the mainstream agro-export-led model has major detrimental impacts on the access to land of vulnerable groups, disproportionately favouring the largest producers and landowners. Land investments implying an important shift in land rights should represent the last and least desirable option, acceptable only if no other investment model can achieve a similar contribution to local development and improve the livelihoods within the local communities concerned.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 13
- Paragraph text
- International human rights law protects the relationship of indigenous communities with their lands, territories and resources by requiring States to demarcate such land, protect it from encroachment and respect the right of the communities concerned to manage it according to their internal modes of organization. Although sometimes those guarantees seem to be honoured more in the breach than in the observance, case law shows that use rights derived from customary tenure can be recognized and protected by the legal system; it also shows that the right to communal property - a right of the community rather than of the individual - is an alternative to individual property rights. On both counts, it can serve as a source of inspiration, in order to enhance the protection of the rights of other users of natural resources.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 40a
- Paragraph text
- [In order to respect the right to food, States should:] Ensure security of tenure. States should take measures to confer legal security of tenure upon those persons, households and communities currently lacking such protection, including all those who do not have formal titles to home and land. The adoption of anti-eviction laws imposing strict conditions for interference with the rights of land users should be seen as a priority. This should supplement any strengthening of the regulatory framework concerning expropriation, which itself should provide clear procedural safeguards for landowners while, at the same time, providing for the possibility of agrarian reform where land concentration is excessive;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 19
- Paragraph text
- More generally, contract farming can lead to a loss of control over production, including which crops to produce and how to produce them. Contract farming can thus cause farmers to become essentially wage-earning agricultural labourers on their own land, but without the benefits associated with paid labour, such as minimum wages, sick leave and other legislated benefits. Contracted small farmers are then seen by the buyer as labour market intermediaries. This is particularly clear after plantations are broken up by owners to create small-scale farms, possibly to break the power of unions or divest firms of their responsibilities, with negative effects on former labourers. Seen in this light, contract farming raises a number of questions that concern the right to work and the conditions of employment on family farms. Contract farmers often rely on family labour to fulfil work requirements. While this may be seen as leading to greater employment opportunities, it often simply results in more family members working without pay because that may be the only way to cut costs and to make the contractual arrangement profitable. In such contexts, child labour can become a problem in contract farming arrangements. Article 10 of the International Covenant on Social and Cultural Rights and article 32 of the Convention on the Rights of the Child impose on States the obligation to protect children and young persons from economic and social exploitation and to punish their employment in work that is likely to be hazardous or to interfere with the child's education or to be harmful to the child's health or physical, spiritual, moral or social development. States must adopt effective measures to ensure that the prohibition of child labour is fully respected (see E/C.12/GC/18, para. 24). It is also relevant to note that in accordance with article 9 of the Covenant, States must guarantee the right to social security, which must also be accessible to independent producers (see E/C.12/GC/19).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 21
- Paragraph text
- By enhancing on-farm fertility production, agroecology reduces farmers' reliance on external inputs and state subsidies. This, in turn, makes vulnerable smallholders less dependent on local retailers and moneylenders. One key reason why agroecology helps to support incomes in rural areas is because it promotes on-farm fertility generation. Indeed, supplying nutrients to the soil does not necessarily require adding mineral fertilizers. It can be done by applying livestock manure or by growing green manures. Farmers can also establish a "fertilizer factory in the fields" by planting trees that take nitrogen out of the air and "fix" it in their leaves, which are subsequently incorporated into the soil. That, in essence, is the result of planting Faidherbia albida, a nitrogen-fixing acacia species indigenous to Africa and widespread throughout the continent. Since this tree goes dormant and sheds its foliage during the early rainy season at the time when field crops are being established, it does not compete significantly with them for light, nutrients or water during the growing season; yet it allows a significant increase in yields of the maize with which it is combined, particularly in conditions of low soil fertility. In Zambia, unfertilized maize yields in the vicinity of Faidherbia trees averaged 4.1 t/ha, compared to 1.3 t/ha nearby, but beyond the tree canopy. Similar results were observed in Malawi, where this tree was also widely used. The use of such nitrogen-fixing trees avoids dependence on synthetic fertilizers, the price of which has been increasingly high and volatile over the past few years, exceeding food commodity prices, even when the latter reached a peak in July 2008. In this way, whatever financial assets the household has can be used on other essentials, such as education or medicine.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 22
- Paragraph text
- Agroforestry or comparable techniques such as the use of leguminous-cover crops to fix nitrogen also have a huge potential. This matters particularly to the poorest farmers, who are least likely to be able to afford to buy inorganic fertilizers, and whom fertilizer distribution systems often do not reach, particularly since the private sector is unlikely to invest into the most remote areas where communication routes are poor and few economies of scale can be achieved. But it is also of great importance to low-income countries, which import to meet their inorganic fertilizer needs. In sub-Saharan Africa, part of the reason why the use of fertilizers is very low (average 13 kilograms (kg) of fertilizer nutrients per hectare) is because of the considerable fiscal costs involved in the import and distribution of fertilizers.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Environment
- Food & Nutrition
- Person(s) affected
- All
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 24
- Paragraph text
- In Burkina Faso, rather than migrating, work groups of young men specialized in land rehabilitation techniques, such as tassas and zai planting pits, go from village to village to satisfy farmers' growing interest in improving their own lands. Farmers are now buying degraded land for improvement and paying these labourers to dig zai pits and construct the rock walls and half-moon structures which can transform yields. This is one of the reasons why more than 3 million hectares of land in Burkina Faso are now rehabilitated and productive.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Youth
- Year
- 2011
Paragraph
Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 21
- Paragraph text
- Women have less access to contract farming than men. A study found that in the Kenyan horticulture export industry, women comprised fewer than 10 per cent of contracted farmers, and in a sample of 59 contract farmers for French beans exported from Senegal, only one was a woman. The ability of women to benefit from contract farming is determined by their rights over land and by the power relationships both within households or, when the contract is negotiated through representatives of the community or the farmers' organizations, within those groups. Indeed, even where most of the work is in fact performed by the wife and other family members, it is not unusual for the contract to be signed by the husband, as head of the household, as is seen in sugar contract farming in South Africa or in vegetable contract farming in the Indian Punjab. In addition, studies suggest that women lose control over decision-making when crops are produced for cash rather than for local consumption. While women decide about the use of food produced for self-consumption, they do not decide how the income of the household is spent. Therefore, unless the framework for contract farming respects women's rights and is gender sensitive, it will undermine gender equality. Research done on bean contract farming in Kenya shows, for instance, that while women performed most of the work, they received a limited portion of the revenues from the contract. In addition, where they did receive cash, they were expected to contribute to household expenditures even when this would have been the husband's responsibility. Strengthening the position of women is not only a matter of guaranteeing the right to equality of treatment, but also a means of improving productivity, since women receiving a greater proportion of the crop income will have a greater incentive to increase production. Moreover, household food security and children's health, nutrition and education all gain from improved income for women, in comparison to the gains that result from improved income for men. The more women decide on how to spend household income, the more it is usually spent on children's needs; a child's chance of survival increases by 20 per cent when the mother controls the household budget (see A/HRC/13/32, para. 58).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Food & Nutrition
- Gender
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 53a
- Paragraph text
- [National food security institutions should monitor and assess the contribution of the various business models explored in the present report to the realization of the right to food. These institutions could build on the work of the National Council on Food and Nutrition Security in Brazil or the specific work of the South African Human Rights Commission on food security issues. Governments should also set up forums in which the fairness of food chains could be discussed among producers, processors, retailers and consumers to ensure that farmers are paid fair prices for the food they produce. Such forums could examine:] How the farm gate price relates to the retail price and whether the wedge between the two remains within a reasonable margin;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
Paragraph
Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 24
- Paragraph text
- Under such clauses, firms may reject delivered products by stating falsely that they do not conform to quality regulations, thus transferring financial losses to farmers when market prices are low. Firms can manipulate prices when the price mechanism specified by the contract is not transparent, using complex price formulas, quantity measurements or price measurements. They also can manipulate delivery schedules to benefit from market price changes or from changes in a product's qualities upon which prices are based (for example, delaying the purchase of sugar cane when prices are based on sucrose levels because sucrose levels decline rapidly after harvest).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Fisheries and the right to food 2012, para. 11
- Paragraph text
- Since the 1950s, there has been tremendous growth in fishing capacity worldwide, with the number and power of fishing vessels increasing dramatically. Between 1970 and 1990, global fish harvesting capacity grew eight times faster than the rate of growth in landings. Although this trend may have slowed, technological improvements in fishing (including the use of spotter planes, sonar devices and underwater mapping technology, in addition to new fishing gears and improvements in refrigeration and navigation) mean that fishing capacity is bound to continue to grow. It has been estimated that, because of overcapacity and technology creep, the capacity of the global aggregate fishing fleet is at least double that which is needed to exploit the oceans sustainably. Fishing sector subsidies may be contributing to this problem: each year, fisheries subsidies amount to between $30 billion and $34 billion, with $20 billion used to directly support improved fishing capacity, such as fuel and boatbuilding subsidies.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Acroecology and the right to food 2011, para. 12
- Paragraph text
- Agroecology is both a science and a set of practices. It was created by the convergence of two scientific disciplines: agronomy and ecology. As a science, agroecology is the "application of ecological science to the study, design and management of sustainable agroecosystems." As a set of agricultural practices, agroecology seeks ways to enhance agricultural systems by mimicking natural processes, thus creating beneficial biological interactions and synergies among the components of the agroecosystem. It provides the most favourable soil conditions for plant growth, particularly by managing organic matter and by raising soil biotic activity. The core principles of agroecology include recycling nutrients and energy on the farm, rather than introducing external inputs; integrating crops and livestock; diversifying species and genetic resources in agroecosystems over time and space; and focusing on interactions and productivity across the agricultural system, rather than focusing on individual species. Agroecology is highly knowledge-intensive, based on techniques that are not delivered top-down but developed on the basis of farmers' knowledge and experimentation.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Fisheries and the right to food 2012, para. 16
- Paragraph text
- These direct threats to the sustainability of fish production systems are magnified by the impacts of climate change. The rise in atmospheric carbon dioxide leads to increased sea temperatures and ocean acidification, threatening many calcifying organisms such as molluscs, plankton and coral reefs. This reduces dependent fish populations and is exacerbated by unsustainable fishing practices. Warmer sea temperatures may lead to more frequent and severe outbreaks of algal blooms, which can have a devastating impact on fish populations. Extreme climate-related events may destroy coastal habitats. Marine species respond to the warming of oceans by moving to colder waters, which includes shifting their latitudinal range or moving to greater depths. Some fish will gradually move away from rich tropical waters, resulting in localized extinctions and the invasion of some species into waters where they were previously not found.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Fisheries and the right to food 2012, para. 17
- Paragraph text
- Oil spills, agricultural and industrial run-off, pollution from aquaculture and the enormous accumulation of plastic debris in water will have lasting effects on marine wildlife. Both climate change and pollution have contributed to dead zones in the ocean, where oxygen levels in surface water are extremely low and can no longer support wildlife. Dead zones are linked with increasingly frequent outbreaks of red tides, where mass mortality events of fish and marine mammals are caused by toxin build-ups owing to lower oxygen levels in their environment.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 44
- Paragraph text
- Two interesting attempts to link small-scale farmers to local consumers through a redefinition of local food systems are found in Belo Horizonte, Brazil, and Durban, South Africa. Both examples were studied closely by the Special Rapporteur when he conducted official missions to those countries in 2009 and 2011. In 1993, Belo Horizonte adopted a municipal law, setting out a policy framework based on the concept of food sovereignty and established a secretariat for food policy and supply. Under this framework, it sought to create various channels of affordable access to healthy food. Because conventional markets were often found to be too expensive for low-income groups and because the poorest parts of the city, the favelas, were usually not well served with respect to food distribution, the secretariat established mobile food distribution services. It sought to support family agriculture through government food purchases and incentives prioritizing local producers, seeing such support as a key to reducing migration to the cities and encouraging organic production methods. The local food system of the city was rethought by integrating the logistics and supply chains of the entire food system and by tying local producers directly to consumers to reduce prices. In 2008, 34 producers from eight rural municipalities of Belo Horizonte, selected through a public process, were assigned fixed sale points throughout the city, and the price and quality of their produce were regulated to ensure that the food would be affordable and healthy. In the same year, the city operated 49 conventional and 7 organic markets, benefiting 97 small producers from surrounding areas.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
Paragraph
Fisheries and the right to food 2012, para. 26
- Paragraph text
- The quality of working conditions in the fish-processing industry also raises concerns, although conditions have improved since developed countries imposed higher sanitation and hygiene standards. In a 2004 study, FAO showed that, for 9 of the 11 countries surveyed, fish workers were paid close to the minimum wage and often received much lower than the average per capita income for the country. In Chile, for example, the area home to most fish processing factories was also the area with the lowest per capita income levels. Moreover, high levels of seasonal and informal work exist in the processing sector, meaning that many workers are not employed on full-time contracts with basic labour benefits, such as sick pay, pension or maternity leave. In part owing to the many fish-processing firms in the sector, workers often fail to unionize and to enter into collective bargaining.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Water & Sanitation
- Year
- 2012
Paragraph
Fisheries and the right to food 2012, para. 57
- Paragraph text
- Progress in providing exclusive fishing zones for small-scale fishers notwithstanding, there are persistent and widespread complaints of violations, such as prohibited fishing by industrial boats and the damaging effects of other industries, including mining, port development, fish processing, coastal aquaculture and real estate development, especially linked to the tourism sector. There is growing conflict over the use of marine and aquatic resources, in particular owing to insecure land tenure for the members of small-scale fishing communities. This underscores the important need for States to fully implement the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security. It also highlights the need for programmes in which fishers collaborate with the authorities to monitor infringements of their exclusive fishing zones. Such programmes have been initiated in some countries with varying degrees of success.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Fisheries and the right to food 2012, para. 29
- Paragraph text
- Increased trade and licence-related and access-related payments can generate revenue for the developing countries concerned. The benefits, however, often continue to be shared unequally. Among the island nations in the western and central Pacific Ocean, for example, most commercial tuna fishing is managed through bilateral agreements with distant-water fishing fleets. The tuna fisheries are estimated to be worth $3 billion annually, yet local countries receive only some 6 per cent of that amount. Research into European Union fisheries agreements conducted in the late 1990s also showed that benefits were unevenly shared. Overall, Union agreements generated more than seven times as much value to European countries (mostly France and Spain) than they did for the host countries.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Fisheries and the right to food 2012, para. 50a
- Paragraph text
- [The Special Rapporteur has previously described the role that human rights impact assessments of trade and investment agreements can play in allowing countries to discharge their human rights obligations (see A/HRC/19/59/Add.5). Trade and access agreements in fisheries provide another such illustration. The above assessment of the potential opportunities and risks of such agreements (see paras. 29-32) may serve to identify the questions that should be asked in any impact assessment before the conclusion of an agreement by the coastal State. These are, for example:] Will the agreement increase or decrease food availability in the coastal State? If food availability increases, either because of improved fishing capacity or because of the imports made possible by export revenue, is this sustainable in the long term to protect the coastal State from potential shocks?
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Fisheries and the right to food 2012, para. 61d (iii)
- Paragraph text
- [Coastal States and landlocked States with inland fisheries should:] Consistent with the pledge made at the United Nations Conference on Sustainable Development (see para. 175 of the outcome document), strengthen access to fishery resources and improve the incomes of small-scale fishing communities by: Strengthening the position of small-scale fishers in the production chain, for example by supporting the formation of cooperatives and assisting them to expand into the high-added-value stages of the industry;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Fisheries and the right to food 2012, para. 39
- Paragraph text
- First, the right to food requires that States respect existing access to adequate food and abstain from taking measures that result in reducing such access. To fully discharge this obligation, States should refrain from adopting any policy that affects the territories and activities of small-scale, artisanal and indigenous fishers unless their free, prior and informed consent is obtained. National and local courts may play a significant role in this regard. Courts should be empowered, in particular, to adjudicate claims from small-scale fishers whose livelihoods are threatened by measures that infringe on their ability to fish so as to provide sufficient income to ensure an adequate standard of living.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2012
Paragraph
Fisheries and the right to food 2012, para. 41
- Paragraph text
- Lastly, States have an obligation to fulfil the right to food, which requires them to act proactively to strengthen people's access to and utilization of resources and means to ensure their livelihoods. The search for arrangements that preserve the long-term (environmental) sustainability of fishing, including by reducing overfishing and conserving fish habitats, while concurrently improving the incomes of small-scale fishing communities, is the key challenge facing Governments in developing strategies that progressively realize the right to food. The example of the work carried out by a group of organizations, led by the Secretariat of the Pacific Community, to identify current per capita fish consumption in the Pacific island countries and territories in order to project future scenarios of fish food security and to develop plans to tackle the key challenges, may serve as a source of inspiration.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Fisheries and the right to food 2012, para. 43
- Paragraph text
- As awareness has grown of the threat posed by overfishing, international agreements and guidelines have been drawn up to address various dimensions of the problem. These include the United Nations Convention on the Law of the Sea, the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (the 1995 Fish Stocks Agreement) and the FAO Code of Conduct for Responsible Fisheries, which adopt precautionary and ecosystem approaches to fisheries. Arguably the most ambitious is the Plan of Action of the World Summit on Sustainable Development, which includes actions to reduce overcapacity in the global fishing fleet, a commitment to expand the total coverage of marine protected areas to 10 per cent of the world's oceans by 2012 (later deferred to 2020 in the light of the slow progress) and to rebuild fish stocks by 2015. At the United Nations Conference on Sustainable Development, Governments pledged to intensify their efforts in that regard (see para. 168 of the outcome document).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Fisheries and the right to food 2012, para. 44
- Paragraph text
- Progress is also being made in managing coastal and inshore areas fished predominantly by small-scale fishers. The limitations of top-down management strategies are now better appreciated and the participation of fishing communities is seen as paramount, as is the integration of local fishers' knowledge of fish and marine habitat changes. The need for community co-management arrangements in fisheries is reinforced in the draft FAO guidelines for securing sustainable small-scale fisheries, which are being finalized through extensive stakeholder consultations at the time of writing.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Fisheries and the right to food 2012, para. 45
- Paragraph text
- Although success in some countries to restore fish stocks to healthy levels has been achieved, global progress in implementing the various commitments remains disappointing, as confirmed in studies of fisheries management effectiveness. Other targets in the Plan of Action of the World Summit on Sustainable Development have largely been missed. Although fishing capacity has declined in some countries since 2002, it has increased globally from about 4.02 billion kilowatt-days in 2002 to 4.35 billion kilowatt-days in 2010. The total coverage of marine protected areas is estimated at less than 2 per cent.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph