A/HRC/9/23 page 23 46. Whether trade liberalization should be listed among the panoply of solutions for the establishment of world food security or not will depend on a number of factors, including in particular (a) whether the more vulnerable agricultural producers from developing countries can be effectively protected from the negative impact of imports of agricultural products sold at lower prices on international markets, especially those products being sold for less than their cost of production; (b) whether the development of export agriculture induced by trade liberalization is possible without discriminatory impacts on smallholders such as those resulting from increased competition over productive resources like land, water, irrigation, access to infrastructure, as large exploitations tend to capture rural services and infrastructure; (c) whether the problems created by excessive concentration in the agribusiness sector are effectively addressed ; and (d) which measures will be taken to encourage the ability of small-holder producers from developing countries to export to the markets of industrialized countries.50 (d) Intellectual property rights 47. Finally, it should be noted that nowhere has the protection of intellectual property rights on plant varieties or seeds been identified as a potential source of concern. But, as explained in detail in the first report of the Special Rapporteur submitted to the General Assembly, regimes that prevent farmers from re-using and exchanging seeds can have serious implications for farmers’ ability to continue farming and for agricultural biodiversity, and thus for the world’s capacity to ensure sustainable food production over the long term. 2. Towards a new global partnership for agriculture and food 48. The idea of a global partnership for agriculture and food has emerged as a possible institutional response to the global food crisis.51 If one is to be established, such a proposal should bring true added value and ensure that the establishment of a new, coordinating structure is a better solution than the reinforcement of existing agencies. Any discussion should start by reconsidering why the World Food Council was abolished in 1996. In addition, whether the human right to food will be served by a new institutional initiative will depend on the capacity of any structure emerging from the current discussions to tap into strategies developed at the national level, with the active participation of those immediately affected by the problems of hunger and malnutrition. The Special Rapporteur would like to make, in addition, the comments set out in the paragraphs below. 49. Any global partnership for food and agriculture should aim at ensuring world food and nutrition security, in order to contribute to the realization of the right to food, with attention paid 50 The Special Rapporteur will examine the interactions between international trade in agricultural products and the right to food in a separate report to the Human Rights Council on a mission to the WTO. 51 See also the proposals emanating from the International Food Policy Research Institute: J. von Braun and N. Islam, ‘Toward a New Global Governance System for Agriculture, Food and Nutrition: What Are the Options?’, IFPRI Forum, March 2008.

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