Yesterday I had the opportunity to attend the UN Special Rapporteur on the right to food’s, Prof. Olivier De Schutter’s, second presentation to the UN General Assembly. The interactive dialogue that followed Prof. De Schutter’s presentation is an excellent example of how the Special Procedures system of the UN Human Rights Council allows for greater flexibility and responsiveness to thematic issues like the right to food and to country specific situations.
The role of a Special Rapporteur and of independent UN mandate holders in general represents progress in the human rights field and within the UN system because it takes a pressing human rights concern that has bubbled up to the UN via civil society and member state activity, empowers an individual or small team to further investigate and recommend solutions to these concerns, and can harness all members of society, from States to grassroots organizations to United Nations bodies to the media, in researching and formulating responses to these problems. Appointing an independent expert who is both within and beholden to the UN system and yet functions independently and flexibly enhances the efficiency and capability of the UN. And, it allows for reporting from these experts in a manner that is often impossible for member states of UN bodies to undertake on their own.
Prof. De Schutter’s latest report is a case in point regarding the ability of a special expert to say things that others cannot. The report takes on current intellectual property rights as they relate to seeds, agricultural technologies, and the right to food. In the first place it is both innovative and necessary that a right to food approach to food security takes into account the commercial side of food production and related agricultural concerns such as climate change, as opposed to limiting the right to food focus on (the also important and necessary) legal entitlements to this right located in court cases, framework laws, and constitutional provisions.
Without addressing the commercial regime in which the production of food takes place the right to procure and obtain food rings hollow, as it captures only the demand side of the equation. Analyzing the commercial concentration of agricultural inputs through a human rights lens and with a focus on the smallest, poorest farmers, who are not only food producers but must use their livelihoods from this production to secure their own food, refocuses the food security debate on those most affected. While dominating the seed market may be seen as a success for companies such as Monsanto, agro-business monopolies have a significant impact on the lives, livelihoods, and production capabilities of small, poor farmers that is often detrimental. These monopolies also impact agro-biodiversity, which has become even more crucial to maintain in the face of climate change. And yet it can be hard for member states who benefit financially from such companies or whose governments are highly oriented to accept foreign investment in any form to take a critical eye or a public voice to such commercial concentration issues.
What is fascinating about the interactive dialogue process between a Special Rapporteur and the General Assembly is that it provides a platform for member states and affiliated organizations to respond to such claims and for the special experts to further explain themselves. Yesterday, countries were not reticent to comment on their own view of the world’s intellectual property regime and to ask pressing questions. In turn, Prof. De Schutter was able to respond briefly and advance and further elaborate upon the claims made in his report. It is always heartening to see a report being put to use to further discussions and plans for action rather than just sitting on a shelf gathering dust.
And, it is encouraging to see UN member states fully engaging UN special experts on topics that often call for substantial changes to be made at the national level and thus for engagement and resource shifting from these governments. While no one pretends that the global food security problem will be solved over night, it is nonetheless inspiring to see people in positions of influence asking all of the right questions.
