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Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 41
- Paragraph text
- Joint ventures, however, are not a panacea. A number of studies indicate that this model does not necessarily deliver better livelihoods for small-scale farmers or improve rural development and the realization of the right to food. The firm frequently controls all business decisions, and the joint venture might manipulate accounts to avoid paying out dividends. Questions arose in South Africa, for instance, after the beneficiaries of the post-1994 land restitution and redistribution programmes were encouraged to establish joint ventures with agribusinesses or to conclude leaseback agreements granting the former landowners use of their lands in conditions sometimes deemed unfair, and in Malaysia, after the Government, under the "Konsep Baru" (New Concept) scheme, encouraged production of palm oil on land under native customary rights in Sabah and Sarawak, in the form of a three-way joint venture among a private plantation company (60 per cent of the shares), a local community (30 per cent) and a parastatal agency (10 per cent) in which the local communities in effect relinquished all day-to-day decision-making power within the joint venture.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Food & Nutrition
- Governance & Rule of Law
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 57
- Paragraph text
- Other examples include a lawsuit brought by the Oceana Gold mining company against El Salvador through ICSID for US$301 million for failure to grant a mining permit. It was alleged that the project posed a risk to the country's livelihood. Having failed to change the domestic law to relax regulation, the company initiated arbitration measures to pressure El Salvador into paying for lost exploration costs and future profits. These cases demonstrate how intervention is necessary to prevent democratic rights from being undermined by global norms.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
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
- Topic(s)
- Economic Rights
- Water & Sanitation
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 32
- 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.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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