cfs rai oewg april 29 , 2014 · paras 4, 15, 41 49 – 52 smallholders should be specifically...
TRANSCRIPT
Principles for Responsible Investment in
Agriculture and Food Systems
CFS RAI OEWG April 29th, 2014
Purpose and Expected Outcomes
Purpose: • In-depth presentation and preliminary discussion
of the First Draft • Setting the stage for the May negotiations
Expected Outcomes: -Exchange of preliminary views and identification of major concerns -Agreement on structure and format for the negotiations
CFS-RAI OEWG Meeting Agenda
9:30 – 12:30
14:00 – 17:00
17:00 – 18:00
• Purpose and Expected Outcome of OEWG meeting
Ms. Christina Blank, OEWG Chair
• Summary of Global Consultation
Ms. Chiara Cirulli, CFS Secretariat
• Presentation of the First Draft
Ms. Elizabeth Beall, CFS Secretariat
• Question and Answer Session
• First Draft:
• General Comments
• Introduction
• Principles
• Roles, Responsibilities, and Application
• Setting the Stage for the Negotiation: Format and Structure
• Wrap-up and closing
The Practice of Responsible Investment Principles in Larger Scale Agricultural Investments, Inter-Agency Working Group - PRAI
Consultation process
Objectives: - Receiving inputs and feedback on the zero draft - Foster ownership
Format: - Multi-stakeholder - Designed to encourage interaction
Methodology: - 4 Guiding questions - Detailed template - Chair’s summary and compilations
Overview
Governments, civil society, private
sector, UN agencies, research and
financial institutions
Africa
Europe and Central Asia
North America
Latin America and
the Caribbean
Asia and the Pacific
Near East
E-consultation
OEWG
By the numbers:
-55%Government
-20% Civil Society
-10% Private sector
-15% UN Agencies, research,
and financial institutions
Total stakeholders: ~450
Africa: Highlights
Chair’s Summary and Templates
Household level
Research
On-farm/Off-
farm
Linkages
Countries/regions
Youth Participants:
16% Gov’t
26% CSM
12% PSM
45% Others
In partnership with
CAADP
First Draft
Europe and Central Asia: Highlights
Participants:
55% Gov’t
25% CSM
10% PSM
10% Others
Chair’s Summary and Templates
Do No Harm
VGGTs Land tenure
New Structure
First Draft
North America: Highlights
Chair’s Summary and Templates
Non-food crops
FPIC
Water
First Draft
Participants:
26% Gov’t
40% CSM
18% PSM
16% Others
In partnership with the U.S.
and Canadian Governments
Power relations
Indigenous rights
Latin America and the Caribbean: Highlights
Chair’s Summary and Templates
Rural/Urban
Capacity
Social protection
Cooperatives
First Draft
Participants:
45% Gov’t
30% CSM
17% PSM
8% Others
In partnership with FAO Sub-regional office
Asia and the Pacific: Highlights
Participants:
66% Gov’t
27% CSM
5% PSM
2% Others
Chair’s Summary and Templates
Non-food crops
Pastoralists
Medium investors
First Draft
In partnership with FAO Regional office
Health
Nutrition
Near East: Highlights
Chair’s Summary and Templates
Legal frameworks
Voluntary
Water
First Draft
Compiled from 3rd Regional
Multi-stakeholder Workshop on Food Security and Nutrition and email consultation
Genetic diversity
Translation
E-consultation: Highlights
Chair’s Summary and Templates
Household level
Research
On-farm/Off-
farm
Linkages
Countries/regions
Youth
First Draft
Participants:
6% Gov’t
10% CSM
15% PSM
44% Others
Overview
Governments, civil society, private
sector, UN agencies, research and
financial institutions
Africa
Europe and Central Asia
North America
Latin America and
the Caribbean
Asia and the Pacific
Near East
E-consultation
OEWG
Extra-budgetary contributions from:
EU
France Sweden
Switzerland Gates Foundation
Drafting process Table of all comments by source and section of the document (4 guiding questions + templates) Grouping of comments by issue Identification of technical expertise required
Areas of consensus Areas of concern Areas requiring language harmonization + Preliminary version of First Draft
CFS Secretariat
Technical Support
Team
CFS Secretariat
• Structure
• Principles
• Roles, Responsibilities, and Application
• Issues Addressed
• Section Review
CFS – RAI Principles
FIRST DRAFT
Outline
Structure
• Introduction
• Principles
• Roles, Responsibilities,
and Application
First Draft Zero Draft
• Background and rationale
• Objective, nature, and scope
• Part 1, 2, 3
• Principle
• Rationale
• Objective
• Application
• Roles and responsibilities
Principles First Draft
Zero Draft
1. Food Security, Nutrition, and
Sustainable Development
2. Economic and Social Issues
3. Environment, Natural Resources,
Climate Change
4. Cultural Issues
5. Policy Coherence and Sector
Development
6. Governance and Decision-Making
7. Grievance Mechanisms
8. Review Mechanisms and Accountability
1. Contribute to Food Security and Nutrition
2. Contribute to Sustainable and Inclusive Economic Development
3. Foster Gender Equality and Women’s Empowerment
4. Engage and Empower Youth
5. Respect Tenure of Land, Forestry, and Fisheries and Water
6. Preserve Natural Resources and Contribute to Climate Change Mitigation and Adaptation
7. Respect Cultural Heritage and Traditional Knowledge
8. Promote Safe and Healthy Productive Systems
9. Incorporate Inclusive and Accessible Governance Structures, Processes and Grievance Mechanisms
10. Review Impacts and Ensure Accountability and Transparency
Roles and Responsibilities
Differentiated by:
• States
• Investors
• Civil society organizations,
research institutions,
development institutions,
and multilateral and regional
organizations
Zero Draft
First Draft
• States
• Inter-governmental organizations
• Private Sector Enterprises
• Large
• Small and Medium
• Smallholders
• Financing Institutions, Donors, Foundations
• Research organizations, Universities, Extension
• Civil society organizations
• Communities
• Consumers
• Shared roles
First Draft - Introduction
Background and Rationale:
-More concise, shorter and more focused
-Confusion of rationale under each principle versus initial rationale
-Include definitions of responsible investment
-Lacks justification of why we need principles
-Rights based approach
-Importance of smallholders
Comments Received How Addressed
Objective, Nature, and Scope:
-Explain what the Principles ‘don’t
do’
-stress voluntary nature
Para 3
Rationales combined in beginning
Para 1, 2
Para 3
Para 4
Para 12
Para 14
First Draft – Principles
-Make the Principle action oriented and meaningful standing alone
-Clarify purpose between title, box text, bullets, rationale, objective, application
-Use consistent style/structure for all Principles
-Principles should address the entire food system – all actors, all stages
-Simplify the Principles and focus on only the most RELEVANT issues
-Make the Principles implementable
-Make the Principles measurable
-All Parties must see themselves as able to USE the Principles
-Adding Guiding Principles which apply to the whole document
Comments Received How Addressed
Reformulated
Full document
Reduced listing
Para 19
Para 20
First Draft – Roles, Responsibilities, and Application
-Recognize the specific needs and responsibilities of each stakeholder category
-Differentiate among private investors
-Align the roles and responsibilities with existing agreements (VGGTs, Ruggie Principles)
-Emphasize that food security and nutrition are the primary responsibility of States
-Role of the State regarding smallholders should be more clear
-Role of the State in providing an enabling environment for investors
-Role of the State in regulating and monitoring investments
-Clarify the role of smallholders as investors, not just as recipients
-Specify that CSOs have a key role to play in fostering inclusive business models
-Ensure that all stakeholders throughout the food system are addressed
Comments Received
Further differentiated roles in line with Users
Agreed language,
Para 21
How Addressed
Para 35
Para 41
Para 38, 40
Para 45
Para 51
Para 55
Para 52, 56, 57
First Draft - Language
• Define key terms (e.g. responsible
investment)
• Language should not be prescriptive
• Ensure consistency with agreed documents
• Use terms consistently throughout the
document
• Translation issues
Comments Received
• Reviewed regional consultation comments
• Provided technical recommendations based on internationally agreed language and/or precedent
• Reviewed consistency of use of terms
Language Harmonization Group
How Addressed
Paras 1, 3, 4, 20
Paras 10, 14, 23, 28, 35, 36, 37, 41, 45
Translation Unit
Ex. Smallholder
Issues Addressed • Para 4, 15, 19, Principles, Para 41, 51 Key role of Smallholders
• Principle 3 Gender
• Principle 4 Youth
• Para 20, Principle 1i, iv; Principle 8i, iv…. Nutrition
• Principle 2i, ii, iii Decent Work and ILO
• Principle 5, Principle 6i, ii, iv Water
• Role of the state, Para 36 Food Prices and Food Sovereignty
• Principle 8ii, iii Animal Health and Welfare
• Principle 8i, iv Food Safety
• Principle 1i; Principle 6iii Food loss and waste
• Principle 6v Agro-ecology
First Draft
Addressing Comments – Towards Consensus
Issue Specific feedback on the Zero Draft
Stakeholder Group
How Addressed
Key role of smallholders
Smallholders should be central in the document
CSM
Paras 4, 15, 41 49 – 52
Smallholders should be specifically referenced more in the document
OEWG Rome
Medium and large investors
All sizes of investors have a role which should be clear in the document
PSM
Don’t neglect medium and large farmers
Latin America + Caribbean
Addressing Comments – Towards Consensus
Issue Specific feedback on the Zero Draft
Stakeholder Group
How Addressed
Food Food production and the right to food should be prioritized
CSM
Paras 1, 3,4, 5, 13, 15, 20, 23, 24, 36
Acknowledge non-food production competition with food production
CSM
Non-Food ToRs call for scope to address all types of agriculture
North America
Non-food production contributes to increasing incomes and access to food
Asia + Pacific
Addressing Comments – Towards Consensus
Issue Specific feedback on the Zero Draft
Stakeholder Group
How Addressed
Do No Harm Clearly state what shouldn’t be done
EUR + Central Asia
Paras 1, 2, 3,5, 13, 23, 37, 38
List possible negative impacts
OEWG
Promote Investment Principles should encourage MORE investment
Asia + Pacific
Tone of the document should be positive
Africa
Addressing Comments – Towards Consensus
Issue Specific feedback on the Zero Draft
Stakeholder Group
How Addressed
Indigenous traditions and methods
Cultural practices could be in conflict with human rights
EUR + Central Asia
Paras 3, 5, 28, 29, 30, 32, 54, 57
Rights of indigenous people need more recognition
Latin America + Caribbean
Innovation and diversity
Need to acknowledge innovation and diversity with traditional knowledge
PSM
Acknowledge consumer right to diverse and healthy food
Asia + Pacific
Addressing Comments – Towards Consensus
Issue Specific feedback on the Zero Draft
Stakeholder Group
How Addressed
FPIC FPIC should be extended beyond just indigenous people
Asia+Pacific
Para 32ii, iii ‘C’ in FPIC should be consultation not consent
North America
Social Protection Safety nets for the most vulnerable play a key role in access to food
CSM
Para 25iv, 36, 40 Align social protection programs with agriculture and food security objectives
OEWG
Addressing Comments – Towards Consensus
Issue Specific feedback on the Zero Draft Stakeholder Group
How Addressed
Capacity Building
Need for greater resources dedicated to capacity building
PSM
Paras 2, 6, 14, 23, 33, 45, 54, 55, 59
Education and capacity building for farmers is a prerequisite for achieving other agricultural objectives
Latin America + Caribbean
Data Need a baseline to determine impact of investment and impact of RAI Principles
Africa
Lack of comparable data EUR+ Central Asia
Need for disaggregated data OEWG
Addressing Comments – Towards Consensus
Issue Specific feedback on the Zero Draft Stakeholder Group
How Addressed
Foreign Investment
Role of the state in policing ‘their’ companies abroad
EUR + Central Asia
Paras 35, 36, 37, 38
States should maintain adequate domestic policy space to ensure human rights
CSM
Trade Agreements
Principles should not be used as a protectionist measure
Asia + Pacific
Principles should be incorporated in trade agreements
CSM
Addressing Comments – Towards Consensus
Issue Specific feedback on the Zero Draft
Stakeholder Group
How Addressed
Monitoring Principles should include monitoring mechanisms and be enforceable
CSM
Paras 2, 6, 14, 23, 33, 45, 54, 55, 59
Need indicators to assess impacts
Latin America + Caribbean
Need clarity on to whom stakeholders are accountable
OEWG
Voluntary nature Principles should focus on encouraging investment
PSM
Principles should not increase the regulatory burden
Asia + Pacific
First Draft - Use
Principle One is complemented by nine supporting
Principles, which are all integral to achieving food security
and nutrition. The Principles are the essential actions for
responsible investment in agriculture and food systems and
the text below each Principle provides the means of
accomplishing the action. In some cases, all of the means
may be required to achieve the Principle, while in others
they may not. The means to achieve the Principles should
be determined by each user within their specific context.
Para 19
• States;
• Intergovernmental
organizations;
• Private sector enterprises;
• Financing institutions,
donors, foundations, funds;
• Research organizations,
universities, and extension
organizations;
• Civil society organizations;
• Communities;
• Consumers.
Intended Users
First Draft - Use
• All principles address food security and nutrition
• The principles build upon existing legal agreements and are underpinned
by the concepts addressed in those agreements
Language used throughout the First Draft
Only the core related rights based agreed documents are
included
NO repeating or listing of the agreements in the rest of the
document
• Overarching values embedded throughout follows a rights based
approach
Conceptual Framework
Negotiation, May 19th – 23rd (24th)
Provisional timetable
Monday Tuesday Wednesday Thursday Friday Saturday
9.30 – 12.30 9.00 - 12.00 (tbc)
14.30 – 17.30 13.00 - 15.00 (tbc)
18.30 – 21.30 17.30 – 20.30 (tbc)
Regular sessions Possible Night – or Saturday sessions
No sessions
• Location: Green room
• Interpretation in all UN-languages will be provided for the Plenary sessions
Negotiation, May 19th – 23rd (24th)
• Start with page 1 of the Introduction
• Proceed paragraph-by-paragraph until the entire document has
been reviewed and negotiated
• Bracketing rules of the UN will apply
• Text discussed and agreed to by plenary will be marked with
asterisks
• Text in asterisks will not be reopened by the Chair
Overall procedures
Negotiation, May 19th – 23rd (24th)
• Punctuality
• No opening statements
• Short and consice interventions are encouraged,
preferably with a concrete text proposal
• CFS Rules and Procedures for all meetings apply
Overall Procedures
Negotiation, May 19th – 23rd (24th)
• Introduction by Secretariat
• Short unrecorded discussion among all participants to articulate concerns
and ask questions
• Changes, amendments, or deletions can be suggested and will be recorded
by scribes
o Uncontested changes will be accepted
o Differing or multiple suggestions on the same paragraph will be
negotiated to reach consensus
• Where no agreement, Chair will forward to Friends of the Chair to work in
parallel as plenary continues
• Friends of the Chair will send back to plenary for final agreement
Format of each Section
Negotiation, May 19th – 23rd (24th)
• Any Member or Participant can serve as Friends of the Chair
• Chair will aim to ensure representative participation of all concerned
regions/groups
• Will serve in ad hoc/as needed basis called by the Chair
• Language Harmonization specific group will:
o Ensure agreed language is consistent throughout document
o Assist with reaching agreement on terms/language
Friends of the Chair Modalities
Preparations April 30th – May 16th
• OEWG Chair available to meet Members and
Participants
• Regional Groups, PSM, CSM should:
consult with their constituencies to prepare for
May
identify representatives for Friends of the Chair
Thank you! Don’t hesitate to contact us with questions or
comments
CFS Secretariat
Revisit ToRs CFS RAI Principles Requirements:
✔ Provide practical guidance to all relevant stakeholders
✔ Voluntary and non-binding
✔ Incorporate existing frameworks and guidance
✔ Address all types and sizes of agricultural investment at all stages of the value chain
✔ Acknowledge the special interests of smallholders
✔ Consider relevant obligations for each stakeholder
✔ Consider the broad diversity of agricultural value chains and food systems
Addressing Comments – Towards Consensus
Issue Specific feedback on the Zero Draft
Stakeholder Group
How Addressed
Investment models
Address benefit sharing and fair contracts
Africa
Paras 4, 25iii, 25v, 40, 42, 52, 55
Encourage public-private partnerships
Asia + Pacific
Address power relations, buyer power
North America
Smallholder sensitive investments
Term is condescending and does not empower smallholders, but assumes that a large actor must be involved
IFAD
Document is not drafted from the perspective of smallholders
CSM
Other Issues Comments Received How Addressed, First Draft
Cooperatives Role of the state 2.6 and role of CSOs 2.21
Social welfare and social safety nets Role of the state 2.2
Data and statistics management Shared role
Procurement Role of state, 2.8
Intensification Principle 6v
Other Issues Comments Received How Addressed, Version 3 Draft
Zero draft is silent on nutrition Added diversity to Principle 1i; added description to definition; Principle 7iv; Added principle on safety and health
Food Prices Role of State, 2.2
Food Sovereignty Role of the State, 2.2
Food loss and waste Principle 1i; Principle 6iii;
Investment treaties and trade agreements Role of the state 2.9
Middlemen Roles, 2.18
New Principles Comments Received on Zero Draft How Addressed in First Draft
Principles should be action oriented Titles formed into actions
Principles should be merged into a single sentence
Reformulated principles into one sentence followed by bullet points illustrating how
Rewrite principle 5 Deleted policy coherence from Principle 5 and moved it to role of the state
Reduce overlap between principles (e.g. Principles 6 and 7)
Combined principles 6 and 7
Add specific principle on land tenure/land grabbing
Added specific principle on land and water tenure to also address fisheries and water rights
Pastoralism, Livestock, Animal Health and Welfare
Added Principle on Safety and Health and address natural resource and waste issues under other principles already. Pastoralists are included in the definition of smallholders para 4.
New Structure Comments Received on Zero Draft How Addressed in First Draft
Preference for short, concise document Same length as Zero Draft
Condense each principle by combining current box text, objective, and application
Text combined from previously half a page per principle to 4-5 bullet points
List principles up front Listed in table of contents
Combine all roles and responsibilities in one section and put at end of document
Roles and Responsibilities apply to all principles in one section
Differentiate further among roles and responsibilities of stakeholders
Differentiated private investors and stakeholders listed as users
Combine application in one section at end of document
Application follows roles and responsibilities and addresses the principles as a whole
Areas not addressed in First Draft
Issue Why Not Addressed
Inclusion of small-scale WORKERS in every instance where smallholders is used
Doesn’t make sense in all contexts. Addressed overall in Principle 2
Listing of groups (women, men, vulnerable) Impossible to be exhaustive
Use of the term family farming A family farmer could be large, medium, or small and will depend on country context. The use of family labour in farming, particularly small farms is referenced para 51.
Changing the C in FPIC to consultation Not in line with already agreed language
Going into further detail on tenure No reopening of VGGTs, only reference to document
Going into further detail on monitoring Each stakeholder should determine context for monitoring of a voluntary document