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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
- 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
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- N.A.
- Year
- 2010
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
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- N.A.
- 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
- 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
- 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
- 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
- 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
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- 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
- 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
- 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
- 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. 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
- 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
- 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
- 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
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Assessing a decade of progress on the right to food 2013, para. 20
- Paragraph text
- Policies aimed at eradicating hunger and malnutrition that are grounded in the right to food shall redefine as legal entitlements benefits that have traditionally been seen as voluntary handouts from States. The right to food requires that schemes providing benefits, whether guaranteeing access to food or promoting agricultural and rural development and national social protection floors, be consolidated into legal entitlements, clearly identifying the beneficiaries and providing them with access to redress mechanisms if they are excluded. In the same spirit, paragraph 7 of International Labour Organization (ILO) Recommendation No. 202 concerning national floors of social protection provides that "national laws and regulations [establishing basic social security guarantees] should specify the range, qualifying conditions and levels of the benefits giving effect to these guarantees. Impartial, transparent, effective, simple, rapid, accessible and inexpensive complaint and appeal procedures should also be specified. Access to complaint and appeal procedures should be free of charge to the applicant. Systems should be in place that enhance compliance with national legal frameworks".
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 35
- Paragraph text
- This wave of legislative reforms is continent-wide. Similar laws are currently being considered in Bolivia (Plurinational State of), Costa Rica, the Dominican Republic, El Salvador, Haiti, Panama, Paraguay and Peru. To further promote these developments, the Latin American Parliament (PARLATINO), of which 23 Latin American countries are members, adopted a model Framework Law on the Right to Food, Food Security and Food Sovereignty on 1 December 2012 at its XVIIIth General Assembly. The Framework Law underlines the duty of the State to respect, protect and promote the enjoyment of the human right to food and to guarantee the mechanisms to make the right justiciable.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Vision of the mandate 2014, para. 11
- Paragraph text
- While there has been considerable legislative and judicial progress in many countries throughout the world since the adoption of the Voluntary Guidelines a decade ago, many challenges remain. In order to ensure the progressive realization of the right to food at the domestic level, it is imperative that constitutional principles and framework laws are established as a means of providing an appropriate institutional structure. The adoption of sectoral legislation will ensure that States adequately address various sectors that impact significantly on levels of food security.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Assessing a decade of progress on the right to food 2013, para. 42
- Paragraph text
- The Committee on Economic, Social and Cultural Rights recommends that States parties to the International Covenant on Economic, Social and Cultural Rights work towards "the adoption of a national strategy to ensure food and nutrition security for all, based on human rights principles that define the objectives, and the formulation of policies and corresponding benchmarks" (see general comment No. 12, para. 21). Similarly, Guideline 3 of the FAO Right to Food Guidelines encourages the adoption of "a national human-rights based strategy for the progressive realization of the right to adequate food … [which] could include objectives, targets, benchmarks and time frames; and actions to formulate policies, identify and mobilize resources, define institutional mechanisms, allocate responsibilities, coordinate the activities of different actors, and provide for monitoring mechanisms".
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Vision of the mandate 2014, para. 57
- Paragraph text
- There is a danger that emergency situations resulting from vulnerable livelihood systems (with their multiple underlying causes), such as natural disasters, climate change, violent conflict, occupation and insecurity, could become long-term, chronic crises. Key characteristics of such situations, which are defined by the Committee on World Food Security as "protracted crises" include severe malnutrition, high rates of food insecurity and vulnerable livelihood systems. The Committee is in the process of drafting a framework for action for addressing food insecurity and malnutrition in protracted crises. The Special Rapporteur hopes to contribute to the articulation of the principles for action in the framework and to promote the final document in discussions around the world.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Vision of the mandate 2014, para. 58
- Paragraph text
- With the Millennium Development Goals reaching their target date in 2015, the international community is currently reflecting on the progress made to date. The establishment of the Goals reflects the most significant collective effort ever made at the international level to tackle extreme poverty and hunger. While significant progress has been made over the past 14 years, much remains to be done. As mentioned above, the international community is discussing the possible successor framework in the form of the sustainable development goals, which are currently under negotiation.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Poverty
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The transformative potential of the right to food 2014, para. 37
- Paragraph text
- A wide range of social innovations have emerged in recent years to support the rebuilding of local food systems, primarily by reconnecting urban consumers with local food producers. In Canada, the Special Rapporteur learned about a number of initiatives that seek to support relocalized food systems (A/HRC/22/50/Add.1, paras. 17 and 26-32). In Montreal, for instance, urban agriculture initiatives include a community gardening programme managed by the City, and collective gardens managed by community organizations, with impacts that go beyond improved food security and nutrition, contributing also to educational and empowerment goals. In November 2013, the province of Ontario adopted a Local Food Act (Bill 36), establishing a local food fund and aiming to increase awareness of, access to and demand for local food in the province, as well as supporting local food procurement in public sector institutions (schools, municipalities, hospitals and cafeterias). Meanwhile, Toronto's food strategy includes the Toronto Agricultural Program in support of urban agriculture, and support to a Mobile Good Food Market initiative serving low-income communities. In South Africa, the Special Rapporteur noted with interest the City of Durban/eThekwini Municipality's Agroecology Delivery Programme (A/HRC/19/59/Add.3, paras. 48 and 49). In Brazil, he was impressed by the achievements of the Zero Hunger strategy launched in 2003 (A/HRC/13/33/Add.6, para. 33). Following the example of Belo Horizonte a decade earlier, this strategy includes a range of programmes that are territory-based and seek to support the ability of "family farmers" to feed the cities: among the innovations are the institutional recognition of family farming and the establishment of a ministry specifically dedicated to meeting their needs (the Ministry for Agrarian Development), a low-income restaurant programme, food banks, community kitchens, cisterns, and the improvement of facilities for the storage of food in rural areas, as well as encouragement of the "social solidarity" economy. Zero Hunger was further strengthened in 2008 with the introduction of the Territories of Citizenship programme, focused on least developed rural territories and including a strong social participation component. Mexico is also stepping up its efforts with the National Crusade against Hunger, which includes a strongly participatory dimension, as the Special Rapporteur could witness first-hand during a visit to the country on 14 and 15 November 2013.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Impact of climate change on the right to food 2015, para. 44
- Paragraph text
- Projections indicate that most climate-related changes are associated with animal deaths. Experts suggest that creative solutions must be sought to mitigate the impact of climate change on livestock, and vice versa. For example, research from Chile, the Netherlands and New Zealand has revealed that the intensification of grassland and forage use may lead to more efficient, more profitable and more sustainable ecosystems that can meet demands for increased dairy and beef production. Nations with emerging economies must increase awareness of the implications of meat consumption, while developed countries should demonstrate a willingness to modify consumption behaviour and avoid food waste.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Impact of climate change on the right to food 2015, para. 48
- Paragraph text
- The United Nations Framework Convention requires States to adopt national and regional programmes and policies to mitigate and adapt to climate change (art. 4 (1) (b)) and calls on them to take precautionary measures to anticipate, prevent or minimize its causes (art. 3 (3)). It recognizes that climate change is fundamentally an intergenerational problem and refers to the protection of future generations (art. 3 (1)). Articles 3 and 4 recognize the specific needs of developing countries, especially those that are particularly vulnerable to the adverse effects of climate change.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 45
- Paragraph text
- The majority of extraterritorial cases derive from the host States failure to fulfil its obligation to protect where private companies are impacting upon human rights. While home States of companies operating abroad have an obligation to clearly set out the expectation that such companies respect human rights throughout their operations, it is the host States which have the primary responsibility to prevent human rights violations, including by TNCs operating within its jurisdiction. However, agreements between TNCs and host governments often limit the host State's ability to perform these duties. Indeed some States have even taken retrogressive steps in this regard. A recent study indicates that some jurisdictions have formulated laws that effectively shield business from being held accountable for human rights violation and make it difficult for victims to obtain an effective remedy. In some instances, States themselves may have been complicit in perpetrating violations. In many cases, however, TNCs also impact positively on a country's development, the political relevance of which can significantly influence the judicial process.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 46
- Paragraph text
- Implementing national legislation is essential to ensuring that States hold TNCs accountable abroad. Indeed, member countries of the Organisation for Economic Co-operation and Development (OECD) have already made voluntary commitments in this regard by developing a code of conduct. The European Union has also developed a resolution for European corporations operating in developing countries. Under international law, however, States are generally not liable for the conduct of non-State actors, unless the non-State actors are de facto agents of the State, or were acting "on the instructions of, or under the direction or control of, that State in carrying out the [wrongful] conduct". To date, there is no international jurisprudence on the issue of home State accountability for TNC actions.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 48
- Paragraph text
- International obligations with extraterritorial dimensions are enunciated in a number of international treaties that emphasize the importance of international cooperation among States to ensure the protection of human rights. At the same time, international human rights instruments refer to how non-State actors have duties to uphold human rights standards. For example, the Universal Declaration of Human Rights states in its preamble - and binding provisions in universal and regional human rights documents also indicate - duties for private actors, while the Guiding Principles on Business and Human Rights (A/HRC/17/31), endorsed by the Human Rights Council in its resolution 17/4 in 2011, elaborate on the responsibility of business enterprises to respect human rights.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 63
- Paragraph text
- The OECD guidelines' implementation mechanism, the "National Contact Points", emphasize due diligence responsibility for human rights. There have been more than 100 cases to date, in which different human rights organizations had approached the National Contact Points alleging violations of the guidelines by corporations and thus violations of human rights law. The Maastricht Principles are also an example of progressive development efforts of international law. A range of academic experts and non-governmental organizations endorsed the Maastricht Principles in September 2011, and they have been acknowledged in paragraph 61 of the Guiding Principles on Extreme Poverty and Human Rights, which were adopted by consensus by the Human Rights Council (resolution 21/11) in September 2012.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 64
- Paragraph text
- All of these mechanisms have the common of preventing and addressing human rights abuse by business enterprises but fail to provide sufficient monitoring mechanisms. The voluntary nature of soft law instruments is generally not sufficient to protect human rights and thus fails to close the existing "accountability gap" of extraterritorial responsibilities. However, one should not be too quick to rule out categorically the legal applicability of such declarations just because they are of a voluntary nature. Law is not limited to what States set forth. Legal norms can also be formed in society. To treat the concept of law as being entirely dependent on the State is to overlook the unique nature of social norms.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
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Right to food and nutrition 2016, para. 53
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- Limited guidelines exist on how to manage such partnerships. They may be useful where public sector solutions are not available or effective, and the private sector may have an important role to play in driving innovation to reduce malnutrition. To avoid conflicts of interest, it is important to assess whether the private sector's activities are compatible with the goal of reducing malnutrition. Actions motivated by profit seeking alone should be discouraged. A memorandum of understanding or legal contract that lays out specifies objectives to avoid and resolve conflict of interest and ensure effective and transparent monitoring can help to manage such partnerships.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2016
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