A/HRC/13/33
the creation of national fair trade networks or organizations in order to ensure they can
seize national and international opportunities. Finally, public bodies at all levels in both
developed and developing countries could consider favouring fair trade products in their
public procurement schemes.
D.
Remedies
49.
Both agribusiness corporations and States must be aware that, in the absence of
appropriate grievance mechanisms or remedies, the above measures may remain
ineffective. For instance, States should ensure that, if they prohibit certain unfair buyer
practices, the suppliers that are victims of such practices will be able to complain without
fear of reprisals. Since fears of delisting have sometimes led suppliers to abstain from
complaining, the establishment of an ombudsman to monitor the policies and practices of
buyers may need to be considered by States. If marketing boards are set up offering to buy
at certain prices from small farmers, the fixing of the prices and the selection among
potential beneficiaries should be defined transparently by objective criteria, and those who
cannot sell their crops should have the possibility of complaining. If public bodies include
technical specifications in public procurement schemes that prioritize smallholders or fair
trade, a failure to implement such specifications could lead to the award of a public contract
being annulled.
50.
Buyers too, whether they are wholesalers or retailers, should ensure that mechanisms
are in place ensuring that their relationships with suppliers will be transparent and thus
promote trust. In contract farming, the obligations of the buyer should be clearly stipulated,
and predefined sanctions applied in cases of violation, to reduce uncertainty.
VI.
Recommendations
51.
The Special Rapporteur makes the following recommendations:
52.
States should:
(a)
Improve the protection of agricultural workers by (a) ratifying all ILO
conventions relevant for the agrifood sector, including Convention No. 99 (1851) on
Minimum Wage Fixing Machinery in Agriculture; Convention No. 129 (1969) on
Labour Inspection in Agriculture; Convention 184 (2001) on Safety and Health in
Agriculture; Convention No. 110 (1958) on Conditions of Employment of Plantation
Workers; and Convention 141 (1975) on Organisations of Rural Workers and Their
Role in Economic and Social Development; and (b) ensuring that their legislation sets
a minimum wage corresponding at least to a “living wage” as required by
international human rights standards and defined according to the criteria identified
in this report;
(b)
Monitor compliance with labour legislation by (a) devoting appropriate
resources for an effective functioning of labour inspectorates in agriculture, in order
to genuinely meet the requirements of the ILO Labour Inspection Convention; and (b)
taking the requisite measures, legislative or otherwise, to reduce to the fullest extent
possible the number of workers outside the formal economy to ensure that
agricultural workers are progressively protected by the same social security schemes
applicable to other industries. Among others, this should include the establishment of
a scheme making the registration of agricultural workers compulsory and, to combat
the circumvention of legal requirements by outsourcing, at a minimum by the
compulsory registration of labour providers;
GE.09-17776
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