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.

"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."--Publisher's description

This Technical Guide explains how investors can invest responsibly in agricultural land in line with the Voluntary Guidelines.(Although the Voluntary Guidelines address both forests and fisheries this guide focuses only on investments in agricultural land. ) It is not an attempt to set new standards. Rather, the guide explains what the Voluntary Guidelines mean and how they can help firms to understand and manage risk related to land tenure.

OECD and FAO have developed this guidance to help enterprises observe standards of responsible business conduct and undertake due diligence along agricultural supply chains in order to ensure that their operations contribute to sustainable development.

"This Technical Guide explains how investors can invest responsibly in agricultural land in line with the Voluntary Guidelines. (Although the Voluntary Guidelines address both forests and fisheries this guide focuses only on investments in agricultural land. ) It is not an attempt to set new standards. Rather, the guide explains what the Voluntary Guidelines mean and how they can help firms to understand and manage risk related to land tenure."--Publisher's description.

The 2008 global food price crisis, and the resurgence of food prices in 2010-2011, caused both widespread concern and expectations. On the one hand, countries whose food supply depends on procuring food from international markets saw food price spikes as threats to their national food security. On the other hand, investors saw in these price spikes an opportunity to make profitable investments in agriculture. Either as threat or opportunity, food price spikes raised interest in Africa, whose lands are fertile and have unrealised potential. Concerns of a possible land acquisitions in Africa, and in particular the impacts of Large-Scale Land-Based Investments in Agriculture (LSLBIA) on local communities, became prominent policy and academic themes. Unfortunately, quantifying the phenomenon has proved hard due to the difficulty of finding empirical evidence. As a result, debates are either theoretical or based on anecdotal evidence. This publication thus explores a different path, and explores the reasons why entities from China and South Africa were interested in investing in African agriculture. This publication examines the reasons why investors were interested in Africa, and the relationship that these bear to The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (the ‘Voluntary Guidelines’ or ‘VGGT’). While primarily aimed at governments, the VGGT also contain important provisions that are applicable to the private sector. They focus on helping investors pursue their projects in ways that recognise and respect legitimate tenure rights and human rights. In addition, the VGGT also contain provisions and encourages good practices for responsible investment in land, forests and fisheries. The VGGT are a valuable tool for helping investors minimise risk while also safeguarding the rights of local communities. China and South Africa represent important sources of LSLBIA in Africa, although the bulk of such investment comes from western countries. Their investment may intensify in the future for a variety of reasons. First, China has the third largest land area in the world but its expansion through additional land use is limited. Second, the dual agricultural economy of South Africa is preventing commercial farming located in well-endowed areas from expanding into remote, resource-poor areas where small-scale subsistence-based production is prevalent. This publication assesses the extent to which selected investors from China and South Africa and the governments of those countries have adopted the best practices represented by the VGGT in relation to LSLBIA in