A/HRC/12/31*
page 12
or rent of land in order to achieve food security.13 Private investors, including large investment
funds, have also acquired land, sometimes for merely speculative motives, with the conviction
that the price of arable land will continue to rise in the future.
20. There are opportunities in this development. For host States, the arrival of investment has
the potential of creating employment, both on and off the farm (in associated processing
industries, for instance). It may lead to transfers of technologies. It could improve the access of
local producers to markets at domestic, regional and international levels. It could increase public
revenues, through taxation and export duties. For countries purchasing or leasing land abroad,
this implies greater food security, since they will be less dependent on international markets to
acquire the food they need to feed their populations - although the risks of lower productivity in
agriculture in subtropical regions owing to climate change and, in the future, higher freight costs,
could partially offset this advantage.
21. Yet, the human rights challenges are real. In June 2009, the Special Rapporteur put
forward a set of core principles and measures in order to frame the discussion on large-scale land
acquisitions or leases in human rights terms. These principles are based on the right to food, but
they also aim to ensure the respect of agricultural workers’ rights and to protect land users from
eviction that do not comply with certain conditions. They also call for the respect of the right to
self-determination of peoples and on the right to development. They may be summarized as
follows:
(a) Negotiations leading to investment agreements should be conducted in full
transparency, with the participation of the local communities, whose access to land and other
productive resources could be affected as a result of the arrival of an investor;
(b) In principle, any shift in land use may only take place with the free, prior and
informed consent of the local communities concerned. This is particularly important for
indigenous communities, in view of the discrimination and marginalization that they have
historically endured. Forced evictions should only be allowed in the most exceptional
circumstances, when in accordance with the locally applicable legislation, when they are
justified as necessary for the general welfare, and when they are accompanied by adequate
compensation and alternative resettlement or access to productive land;
13
See Vera Songwe and Klaus Deininger, Foreign Investment in Agricultural Production:
Opportunities and Challenges, World Bank, 2009; Reuters, “Factbox: foreign forays into
African farming”, 2 March 2009; GRAIN, “The 2008 land grab for food and financial security”,
18 October 2008 (available at www.grain.org/go/landgrab); International Food Policy Research
Institute policy brief 13 April 2009; International Institute for Environment and Development,
FAO and IFAD, “Land grab or development opportunity? Agricultural investments and
international land deals in Africa”, 26 May 2009.
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