A/HRC/13/33
I. Introduction
1.
This is the second annual report to the Human Rights Council of Olivier De Schutter
as Special Rapporteur on the right to food, as requested in Council resolution 10/12.
2.
In a report presented to the Human Rights Council at its eighth session, the Special
Representative of the Secretary-General on the issue of human rights and transnational
corporations and other business enterprises proposed a framework outlining the human
rights responsibilities and obligations of the business community and of States,
respectively, in relation to corporate-related human rights issues.1 Based on an overview of
human rights violations linked to the activities of corporations,2 he proposed a framework
relying on three principles. First, States have an obligation to protect human rights,
comprising at a minimum “a duty to protect against human rights abuses by non-State
actors, including by business, affecting persons within their territory or jurisdiction”.3
Second, companies have a responsibility to respect all human rights: “Because companies
can affect virtually all internationally recognized rights, they should consider the
responsibility to respect in relation to all such rights.”4 In order to meet their responsibility
to respect, companies must undertake an ongoing process of human rights due diligence
whereby they become aware of, prevent, and mitigate adverse human rights impacts:
companies should “not only ensure compliance with national laws but also manage the risk
of human rights harm with a view to avoiding it”.5 Third and finally, “effective grievance
mechanisms play an important role in the State duty to protect, in both its legal and policy
dimensions, as well as in the corporate responsibility to respect”.6
3.
In this report, the Special Rapporteur examines the role of commodity buyers, food
processors, and retailers in the realization of the right to food. These actors are referred to
collectively as the “agribusiness sector”. They link producers to consumers. Without them,
producers would have only very limited access to markets and the choices available to
consumers would be vastly more limited. It is through market mechanisms that, for the
most part, the right to food is satisfied, yet the sourcing, pricing, and wage policies of
commodity buyers, food processors and retailers have a huge and sometimes negative
impact on the right to food. The main objective of this report is to contribute to a better
understanding, by agribusiness corporations and States alike, of their different but
complementary responsibilities under international law, in the light of these impacts.
4.
This report focuses on political economy issues that arise in the food chain, and on
the relationships between the agribusiness corporations on the one hand, and their suppliers
on the other, looking specifically at two vulnerable groups: agricultural workers and
smallholder farmers. A number of issues have been left out of this report, due to space
limitations. These include the environmental and nutritional dimensions of the practices of
agribusiness corporations (i.e., how they could encourage sustainable agriculture and
promote diverse, nutritious and balanced diets), and the impact of pricing policies on
consumers. However, the Special Rapporteur intends to return to these other issues in his
future work. Nor does this report address a number of situations in which the activities of
private corporations can have an impact on the right to food, for instance when large-scale
development projects deprive communities of their access to productive resources, or when
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GE.09-17776
A/HRC/8/5.
A/HRC/8/5/Add.2.
A/HRC/8/5, para. 18.
Ibid., para. 24.
Ibid., para. 25.
Ibid., para. 82.
3
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