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Extraterritorial investments in agriculture in Africa: the perspectives of China and South Africa










​FAO. 2020. Extraterritorial investments in agriculture in Africa: the perspectives of China and South Africa. Rome.




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    This guide examines the responsibilities of private sector lawyers in avoiding and addressing, preventing and mitigating adverse human rights impacts on tenure right holders when advising on agricultural investments. These responsibilities arise under international standards for the protection of legitimate tenure rights, including the UN FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the context of national food security (VGGT), as considered within the framework of international human rights laws which underpin aspects of those standards. In the light of the United Nations Guiding Principles on Business and Human Rights (UNGP), the guide considers the dual responsibility of lawyers in this context: (1) through the impact of these standards on the professional duties of the lawyer (including in-house counsel) towards the investor client and (2) through the impact on the law firm’s responsibilities as a business in its own right, in the light of its corporate social responsibility (CSR) commitments. The guide examines the requirements for due diligence in this context and makes a number of recommendations to promote compliance with UNGP on behalf both of the investor client and of the law firm, considered as a business in its own right.
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    The Right to Food and the Responsible Governance of Tenure: A dialogue towards implementation aims to provide guidance for the implementation of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT) which were endorsed in May 2012 by the Committee on World Food Security. More specifically, the study begins with a general introduction of the global context within which the developing process of the VGGT too k place. Then, it demonstrates several ways in which elements from a right to food framework can be used to benefit and guide the implementation of the VGGT. It proceeds to underline numerous provisions of the VGGT whose implementation will help reinforce and further advance the realization of the right to food. Finally, it concludes by emphasizing the relevance of this dialogue towards implementation for future debates and draws some conclusions on the linkages put forth. As clearly stated in the VGGT, their main purpose is “to serve as a reference and to provide guidance to improve the governance of tenure of land, fisheries and forests with the overarching goal of achieving food security for all and to support the progressive realization of the right to adequate food”. Consequently, the main benefit of the present dialogue towards implementation lays in the provision of concrete elements to assist the attainment of this overarching goal.

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