A/HRC/12/31* page 14 (j) Indigenous peoples have been granted specific forms of protection of their rights on land under international law. States shall consult and cooperate in good faith with the indigenous peoples concerned in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources; (k) Waged agricultural workers should be provided with adequate protection, and their fundamental human and labour rights should be stipulated in legislation and enforced in practice, consistent with the applicable instruments of the International Labour Organization (ILO). 22. The principles and measures proposed are not simply a restatement of the human rights norms on which they are grounded; they are practical as well. They seek to assist both investors and host Governments in the negotiation and implementation of large-scale land leases or acquisitions, in order to ensure that such investments are balanced, work for the benefit of the population in the host country and are conducive to sustainable development. In this area too, a multilateral approach would be preferable to unilateral action by the States concerned. A multilateral framework would not only improve the protection of the human rights of the local population concerned; it could also avoid beggar-thy-neighbour policies, with countries competing against each other for foreign direct investment and thus lowering the requirements imposed on foreign investors. It could also provide greater legal certainty for investors and shield them against the risk of reputational losses if they comply with the principles. It is the hope of the Special Rapporteur that these principles will help to achieve a consensus on the establishment of such a framework. C. Ensuring that agrofuels work for sustainable development 23. In his first report on the global food crisis (A/HRC/9/23), the Special Rapporteur discussed the impact of the increased production of agrofuels on food prices, and more generally, on the right to food. Rather than dismiss the use of liquid agrofuels in the transport sector outright, he proposed that a consensus be sought on international guidelines on the production and consumption of agrofuels. These guidelines should include environmental standards, since the expansion of the production and consumption of agrofuels results in direct and indirect shifts in land use and often has a negative environmental impact when the full life cycle of the product is taken into account. They should also incorporate the requirements of human rights instruments, particularly with regard to the right to adequate food, the right to adequate housing (given the risks of forced evictions and displacements for the production of agrofuels), the rights of workers (including in particular the right to a fair remuneration and the right to a healthy working environment), the rights of indigenous peoples and women’s rights. The international community has recognized the need to make progress towards such a consensus at the international level, particularly in the Declaration of the High-level Conference on World Food Security convened in Rome from 3 to 5 June 2008.15 The World Bank recently noted that policies that subsidize 15 In paragraph 7 (f), the Declaration calls upon “relevant inter-governmental organizations, including FAO, within their mandates and areas of expertise, with the involvement of national Governments, partnerships, the private sector and civil society, to foster a coherent, effective and results-oriented international dialogue on biofuels in the context of food security and sustainable development needs”.

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