A/HRC/9/23 page 20 38. In the fulfilment of his mandate, working in close cooperation with the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, the Special Rapporteur will investigate this issue in two directions. First, he will seek to enter into a dialogue with the agribusiness sector in order to identify how they could contribute to the fulfilment of the right to adequate food, taking into account not only their obligations to workers in the food chain, but also how their buying practices could lead to fairer forms of trade. Second, he will examine how States could implement their duty to protect human rights in the food production and distribution chain, including by an improved use of antitrust regulations. C. The obligation to cooperate internationally in order to contribute to the fulfilment of the right to food 39. The obligation imposed on all States under Article 56 of the Charter of the United Nations to take joint and separate action to achieve the full realization of human rights and fundamental freedoms is not limited to abstaining from the adoption of measures which have a negative impact on the enjoyment of those rights. As clearly indicated by the wording of article 23 of the International Covenant on Economic, Social and Cultural Rights, it may encompass the adoption of measures, in particular in the form of the negotiation of international agreements. 40. Taking into account these international obligations requires the identification of which coordinated reaction from the international community is needed to address the situation created by the increase in the price of food on international markets, guided by the obligations of all States under international law to respect the right to adequate food. Such a coordinated reaction should address not only the short-term impact of the current crisis, but also the structural causes leading to soaring food prices. The current crisis has highlighted the need to take action on three issues. Addressing these issues should be on the top of the agenda of the new partnership on agriculture and food. 1. The need for international cooperation (a) Combating the negative impact of speculation 41. Many observers of the current crisis have noted the role of speculation on the markets of primary commodities, particularly food commodities, in the surge of prices in 2006 and 2007.44 The large influx of funds from financial investors into agricultural futures and options markets has raised concerns that this may have driven up prices and contributed to the volatility of prices, a volatility which is in the interest of neither consumers, who pay higher prices as a result, nor producers, for whom credit may become unaffordable as a result, nor Governments, whose social programmes may have to bridge the gap between the incomes of the poorest and their needs. Index speculators have a particularly important and potentially destabilizing role, since their investment choice in commodities are a purely portfolio-based decisions, unrelated to fundamental supply and demand factors. The shift towards primary commodities by such 44 OECD-FAO Agricultural Outlook 2008-2017, 29 May 2008, at p. 36.

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