Responsible Investment and Investors. Shalmali Guttal Focus on the Global South March

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1 Responsible Investment and Investors Shalmali Guttal Focus on the Global South March

2 Many Kinds of Investment.

3 Many Kinds of Investment.

4 Many Kinds of Investment.

5 Some Key Criteria and Issues to think about Investment is not a goal in itself; means to improve peoples lives in the present and future times; People are different: gender, age, economic class, social status, culture, ethnicity, location, geography, livelihoods, etc. Who benefits? Who loses? What is gained (by who?) What is lost (by who)? How is future potential enhanced/strengthened and/or weakened/ destroyed by particular types of investments? Humans vs nature: important in climate crisis & increasing gaps across urban-rural areas, inequality, lifestyles, consumption patterns

6 Example: food security and investment Food security exists when all people, at all times, have physical and economic access to sufficient safe and nutritious food that meets their dietary needs and food preferences for an active and healthy life World Food Summit Four dimensions: 1) Physical availability (production, gathering, purchase, exchange, trade; 2) Economic and physical access; 3) Food utilisation (dietary diversity, nutrition, intra-household distribution..); 4) Stability (weather/climate, economic-political factors, price volatility, employment, income, etc.) Vulnerability to hunger: 1. vulnerability to an outcome; 2. from a variety of risk factors; 3. because of inability to manage those risks.

7 Example: food security and investment CFS, inter-govt bodies, international institutions & organisations working on the Right to Food, use the above as key criteria to develop guidelines, principles, criterial for responsible investment in relation to food security. Tenure Guidelines adopted by govt in 2012: Responsible investments should: Do no harm; Safeguard against dispossession of legitimate tenure rights holders & env damage; respect HRs; Made in partnership with relevant levels of govt & local holders of tenure rights to land, fisheries, forests; Contribute to poverty eradication, food security, rural development, sustainable use of land, forests, fisheries, Create employment; provide benefits to people esp poor and vulnerable

8 Criteria proposed by organisations of small-scale food producers and workers for responsible investment Investments in Food & Agriculture must: contribute to & be consistent with the progressive realization of the right to adequate and nutritious food for all ensure protection of eco-systems and environments ensure decent jobs, respect workers rights, adhere to core labour standards & obligations as defined by the ILO respect uphold women s rights ensure decent incomes, livelihoods and equitable development opportunities for local communities, especially for rural youth, women, and indigenous peoples

9 Criteria proposed by organisations of small-scale food producers and workers for responsible investment respect & uphold the rights of small-scale food producers, indigenous peoples & local communities to access, use, have control over land, water & other natural resources; ancestral domains; FPIC States must: mobilise public investments & public policies in support of small-scale food producers & workers, involving them meaningfully in the formulation, implementation, monitoring and review of investments and policies; FPIC protect small-scale producers & workers from market fluctuations & price volatility by appropriate regulations & curbing food price speculation

10 Criteria proposed by organisations of small-scale food producers and workers for responsible investment Respect, support timely & non-discriminatory access by small scale producers, workers, indigenous communities, local communities & the public to justice, grievance mechanisms, fair, effective & timely mediation, administrative & judicial remedies, & a right to appeal monitor & assess the impacts of trade & investment agreements & treaties on the realization of the right to food, and take appropriate action where necessary including through renegotiation or cancellation of the agreements/treaties. enact appropriate national laws to regulate & monitor extra-territorial investments & investors (Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights)

11

12 Investments by smallholders & small-scale food producers (farmers, fishers, herders, workers, IPs) Bulk of investment in agriculture is undertaken by small-scale food producers themselves, their cooperatives & other rural enterprises; rest being provided by a multiplicity of private actors & governments. Small-scale food producers, many of whom are women, play a central role in producing most of the food consumed locally in many developing regions & are the primary investors in agriculture in many developing countries The majority of the 570 million farms in the world are small and most of them are operated by families. According to IYFF 2014 data, smallholders supply 70 percent of overall food production through 470 million farmers, artisan fisher folk, pastoralists, landless and indigenous peoples.

13 Small-scale food production yields crucial social, economic and environmental benefits: Build unique, resilient local food systems; dietary diversity Foster sustainable development reduce climate footprints preserve cultures, ecosystems, biodiversity Encourage innovation create employment, mobilise and redistribute wealth, organize local & national markets, retain value Sizeable proportion of these food producers are women, who play a pivotal role in feeding families and communities worldwide.

14 Small-scale food producers invest tremendously in production capacities and systems Maintain soil fertility; Select & reproduce seeds and breeds; Nurture lands, forests, eco-systems, water sources; Build production, processing & storage infrastructure; Provide skilled labour, Generate knowledge essential to building resilience to natural disasters & climate change Build + maintain strong, resilient food systems & local economies Innovative, multi-functional

15 Challenges & constraints faced by small-scale food producers & workers Inadequate access to land, credit, production & storage infrastructure, etc. Insecurity of land and resource tenure, imitations related to seed production and exchange Inadequate, poor quality social services (health, education, etc.) Unjustly low wages, unsafe working conditions Prices that do not cover the cost of production, no protection from market volatility, financial & climate risks Research systems that do not meet their needs for sustainable production Absence of mechanisms to stabilize markets, inadequate regulation of financial & commodity markets Little (no) access to justice, legal remedy, reparations

16 Some critical issues re. responsible investment Power asymmetries/imbalances between large investors, small-scale food producers, local populations, governments Justice, legal accountability, protection of local populations, reparations Transparency in investment negotiations, contract disclosure, scrutiny, monitoring by public (esp affected populations) Investments must respect human rights; states should uphold the rights of all people within the territory Stakeholders are not necessarily rights holders Local affected communities should be able to negotiate as rights holders & positions of knowledge

17 Some critical issues re. responsible investment National, international instruments that promote foreign investment have moved very quickly; more than 3,000 investment treaties worldwide, and major new treaties are being negotiated. Large domestic investors protected by national law Trade-investment treaties, agreements: investor-state arbitration provides effective systems for protection of rights of foreign investors: ISDS; AEC; RCEP: serious threats to public interest Human rights instruments fallen short of providing effective protection; non-binding instruments that cannot be enforce; national-level investment policy making tends to ignore HR or put it it second to FDI, large scale investment

18 Some critical issues re. responsible investment Investments do not necessarily translate into broad-based socioeconomic benefits: need appropriate public policies, implementation, monitoring Social, environmental, economic, human rights audits of investment State institutions & public need to work together on the above, but as equals, where peoples rights are upheld & they can participate with confidence Public investment and regulation in essential services and sectors

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