A/HRC/43/44
Agriculture and Food Systems of the Committee on Food Security and the Guiding
Principles on Business and Human Rights, have no binding legal authority. Failure to
adhere to these principles carries no adverse legal consequences for investors.
68.
Ongoing efforts to convert the Guiding Principles on Business and Human Rights
into a binding international treaty that establishes the legal liability of big business are
supported by some countries, but remain controversial.60 The draft treaty includes neither
direct corporate human rights obligations, nor corporate criminal responsibility under
international law. Instead, it covers only the international obligations of States previously
established in general comment No. 12 (1999) of the Committee on Economic, Social and
Cultural Rights on the right to adequate food.
69.
The emergence of public-private partnerships has also reinforced power
asymmetries, exacerbated conflicts between public and private interests and otherwise
unduly influenced decision-making and policies in the global food system. As the Special
Rapporteur has previously explained, these partnerships are less likely to transform
extraterritorial corporate practices if there are no monitoring mechanisms and corporations
enter partnerships mainly to reaffirm their underlying economic interests (A/74/164, para.
69).
D.
Finance human rights institutions and remove the silos separating
international organizations
70.
In recent years, human rights have been under attack due to emerging nationalism,
populism and predatory global capitalism. Unfortunately, world powers are retreating in
their historical commitment to human rights and United Nations institutions are
consequently experiencing extreme financial shortfalls, especially OHCHR and regional
human rights mechanisms such as the inter-American human rights system. Those
shortfalls need to be addressed immediately.
71.
There is no shortage of international organizations committed to promoting a world
of zero hunger and malnutrition in their mandates, such as FAO, WFP, the Committee on
World Food Security, IFAD, the World Bank, the International Food Policy Research
Institute, UNICEF, WHO, UNEP, the Intergovernmental Panel on Climate Change and, of
course, OHCHR. However, there is generally a disconnect and lack of coordination
between them.
72.
Institutional fragmentation and silos within and between the Rome-based
organizations and the Geneva-based human rights mechanisms, in particular, have further
weakened efforts to mainstream human rights into food policy agendas (A/74/164, para.
52).61 More cohesive, coordinated action between New York, Rome and Geneva that builds
upon the findings of the Human Rights Council, the special procedures, the treaty bodies
and the universal periodic review is vital for the effective promotion of the right to food.
Those organizations cannot adequately address the right to food in isolation, and doing so is
not only contrary to the prevailing consensus in the United Nations system, but diminishes
their organizational impact. Such influential, expert-rich organizations can much better
address the root causes and consequences of food insecurity if they adopt a human rightsbased approach to assessing food insecurity, taking into account socioeconomic, gender and
ethnic discrimination and inequalities. 62 That will also lead to greater policy coherence
throughout the United Nations institutions.
60
61
62
16
See, for example, Human Rights Council resolution 26/9.
See also Carolin Anthes, Institutional Roadblocks to Human Rights Mainstreaming in the FAO. A
Tale of Silo Culture in the United Nations System (Wiesbaden, Germany, Springer, 2020).
See Global Network for the Right to Food and Nutrition, “People’s monitoring for the right to food
and nutrition: political manifesto” (2017).
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