cfs rai oewg april 29 , 2014 · paras 4, 15, 41 49 – 52 smallholders should be specifically...

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


Do No Harm

VGGTs Land tenure

New Structure

First Draft

North America: Highlights


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


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


Non-food crops

Pastoralists

Medium investors

First Draft

In partnership with FAO Regional office

Health

Nutrition

Near East: Highlights


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


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



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



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



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


Innovation and diversity

Need to acknowledge innovation and diversity with traditional knowledge

PSM

Acknowledge consumer right to diverse and healthy food

Asia + Pacific



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


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


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


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



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


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


• 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


• 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


• 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


• 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

[email protected]

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



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

cfs rai oewg april 29 , 2014 · paras 4, 15, 41 49 – 52 smallholders should be specifically...

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