A/HRC/12/31*
page 14
(j) Indigenous peoples have been granted specific forms of protection of their rights on
land under international law. States shall consult and cooperate in good faith with the indigenous
peoples concerned in order to obtain their free and informed consent prior to the approval of any
project affecting their lands or territories and other resources, particularly in connection with the
development, utilization or exploitation of mineral, water or other resources;
(k) Waged agricultural workers should be provided with adequate protection, and their
fundamental human and labour rights should be stipulated in legislation and enforced in practice,
consistent with the applicable instruments of the International Labour Organization (ILO).
22. The principles and measures proposed are not simply a restatement of the human rights
norms on which they are grounded; they are practical as well. They seek to assist both investors
and host Governments in the negotiation and implementation of large-scale land leases or
acquisitions, in order to ensure that such investments are balanced, work for the benefit of the
population in the host country and are conducive to sustainable development. In this area too, a
multilateral approach would be preferable to unilateral action by the States concerned. A
multilateral framework would not only improve the protection of the human rights of the local
population concerned; it could also avoid beggar-thy-neighbour policies, with countries
competing against each other for foreign direct investment and thus lowering the requirements
imposed on foreign investors. It could also provide greater legal certainty for investors and shield
them against the risk of reputational losses if they comply with the principles. It is the hope of
the Special Rapporteur that these principles will help to achieve a consensus on the
establishment of such a framework.
C. Ensuring that agrofuels work for sustainable development
23. In his first report on the global food crisis (A/HRC/9/23), the Special Rapporteur discussed
the impact of the increased production of agrofuels on food prices, and more generally, on the
right to food. Rather than dismiss the use of liquid agrofuels in the transport sector outright, he
proposed that a consensus be sought on international guidelines on the production and
consumption of agrofuels. These guidelines should include environmental standards, since the
expansion of the production and consumption of agrofuels results in direct and indirect shifts in
land use and often has a negative environmental impact when the full life cycle of the product is
taken into account. They should also incorporate the requirements of human rights instruments,
particularly with regard to the right to adequate food, the right to adequate housing (given the
risks of forced evictions and displacements for the production of agrofuels), the rights of workers
(including in particular the right to a fair remuneration and the right to a healthy working
environment), the rights of indigenous peoples and women’s rights. The international community
has recognized the need to make progress towards such a consensus at the international level,
particularly in the Declaration of the High-level Conference on World Food Security convened
in Rome from 3 to 5 June 2008.15 The World Bank recently noted that policies that subsidize
15
In paragraph 7 (f), the Declaration calls upon “relevant inter-governmental organizations,
including FAO, within their mandates and areas of expertise, with the involvement of national
Governments, partnerships, the private sector and civil society, to foster a coherent, effective and
results-oriented international dialogue on biofuels in the context of food security and sustainable
development needs”.
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