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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