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UNIDROIT/FAO/IFAD Legal Guide on Contract Farming

 

 

Community of Practice on Legal Aspects of Contract Farming

 


 

 

NEWS 

 


11.11.2016 - Thailand

NLA mulls bill on contract farming rules

The National Legislative Assembly (NLA) yesterday passed the first reading of a bill aimed at regulating and developing a contract farming system while protecting farmers from being exploited... Read More


 


 

 

 EVENTS

 


 

 

UNIDROIT/FAO/IFAD Legal Guide on Contract Farming

 

 

presented at 4th IBA Mediterranean Conference in Rome - June 2016

 

 

 

 

From 5 to 7 June 2016 UNIDROIT participated in the 4th IBA Mediterranean Conference on “Sustainable Agriculture and Food Security in the Mediterranean Region”, held in Palazzo Montecitorio, Rome. The conference was presented by the IBA European Regional Forum, supported by the IBA Arab Regional Forum, the IBA Section on Energy, Environment, Natural Resources and Infrastructure Law (SEERIL), the IBA Law Firm Management Committee, the IBA Closely Held and Growing Business Enterprises Committee, the IBA International Sales Committee and the IBA Young Lawyers' Committee. Ms Frédérique Mestre, as panelist in the session on “Food self-sufficiency, distribution and agricultural commerce”, introduced the UNIDROIT/FAO/IFAD Legal Guide on Contract Farming.

 

For more information on the conference and for the complete agenda click here

 

 

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From left to right: Mr Sönke Lund (Monereo Meyer Marinel-lo Abogados, Barcelona - Co-Chair, IBA International Sales Committee), Ms Ingy Rasekh (Amereller Legal Consultants FZE, Cairo), Professor Matteo Benozzo (University of Macerata), Ms Gloria Casas Prosper (Sanlucar Group, Valencia), Ms Frédérique Mestre (UNIDROIT), Mr Gianluigi Cardone (CIHEAM, Bari), Mr Jens Karsten (KWG Rechtsanwälte, Gummersbach, Germany), Ms Donia Hedda Ellouze (Donia Hedda-Ellouze Law Firm, Tunis)

 


 

UNIDROIT International Conference on

 

 

Creating a Favourable Legal Environment for Contract Farming

 

 

UNIDROIT – 27 April 2016

 

 

 

On 27 April 2016, UNIDROIT, hosted an international conference entitled “Creating a favourable legal environment for contract farming”. The Conference was organised in collaboration with FAO and IFAD, under the auspices of the Ministry of Foreign Affairs and International Cooperation of Italy. It aimed to provide information on contract farming and explain the approach and practical usefulness of the Legal Guide on Contract Farming, and information on current plans regarding the implementation of the Guide in various countries to potential stakeholders.

 

Diplomatic representations in Italy, international organisations, non-governmental organisations, bilateral cooperation agencies, and private companies involved in contract farming, attended the Conference, and actively participated in very dynamic and productive discussions.

 

It is particularly worth of notice that at the Conference, the representative of a major actor in the chocolate and cocoa production, Barry Callebaut, stressed that the “Legal Guide on Contract Farming had informed a lot of the contracts that his company had made with farmers. It provide[s] good advice on how to structure pre-financing, financing and repayments, what milestones to include and how to enforce them.”

 

In addition, the representative of the Philippines indicated that the “Philippine government utilizes the Legal Guide in framing the issues and setting the benchmarks on contract growing arrangements entered into by smallholder farmers, including those that are family farmers”, and that together with other policy instruments, “the Legal Guide has informed the regulations being crafted on agribusiness investments with smallholder farmers who are property rights owners of lands emanating from the agrarian reform program”.

 

 Programme     -   Report

 

From the left: Mr Jesper Karlsson (FAO), Ms Stefania Rosini (Ministry of Foreign Affairs and International Cooperation), Mr Josè Estrella Faria (UNIDROIT), Mr Idés de Willebois (FAO),  Ms Marlo Rankin (FAO)  

 


 

UNIDROIT – FAO – IFAD – IISD - WFP

 

Working session on contract farming schemes  


11 March 2016  -  WFP HQ (Rome)

 

 

The working session between Secretariat members of the participating organizations (UNIDROIT, FAO, IFAD, the International Institute for Sustainable Development - IISD, and the World Food Programme – WFP) aimed at sharing experiences and information on future actions in relation with contract farming schemes or related contract modalities with small farmers. Discussions focused on the recently adopted UNIDROIT/FAO/IFAD Legal Guide on Contract Farming, current implementation plans, and on how the Legal Guide may be used in field operations.

 

 -    Programme          -   Report

 

 


 

 

PROMOTING SUSTAINABLE AGRICULTURAL INVESTMENT:


LEGAL AND POLICY OPTIONS


December 14-16, 2015 - Abidjan (Côte d’Ivoire)

 

 

 

As part of an awareness initiative targeting African parliamentarians (the Pan-African Parliament and regional parliaments), entitled "Making Agricultural Investment Work for Africa", a training session was held from December 14 to 16 in Abidjan (Côte d’Ivoire). The training session’s main purpose was to improve the ability of members of parliaments to understand the political and legal options relating to foreign investment in agriculture, as well as new policies, guidelines and projects on land issues and contract farming.

 

The training session was organized by IISD (International Institute for Sustainable Development) in partnership with various other institutions.

On this occasion, Ms Frédérique Mestre, Senior Officer (UNIDROIT) presented contract farming and illustrated how the UNIDROIT/FAO/IFAD Legal Guide on Contract Farming may contribute to the implementation of good practices.

 

 

Click here for the event’s webpage 

 

Download here the report and all conference materials of the training session.

 

 


  

“PROMOTING GOOD PRACTICES FOR AGRICULTURAL INVESTMENT”

 

Law Justice and Development Week 2015, World Bank

 

 20 November, 2015 - Washington D.C. (USA)

 

 

UNIDROIT, jointly with other partners, organized a Session on "Promoting Good Practices for Agricultural Investment" on 20 November 2015.

Focusing on two types of agricultural investments – i.e. contract farming and land investment contracts – the global session explored how legal standards can enhance good practices and make investments economically sound and sustainable for investors and beneficiaries, as well as other stakeholders.

 

 

- Flyer                                                        - Programme

- Concept Note                                            - Handout of Professor Alberto Mazzoni

Presentation of Ms. Margret Vidar, FAO

- Presentation of Ms. Yuliya Neyman, U.S. Agency of International Development

 


 

Publication of the French version of the UNIDROIT/FAO/IFAD


Legal Guide on Contract Farming

 

28 October, 2015

 

The French version of the UNIDROIT/FAO/IFAD Legal Guide on Contract Farming was released on 28 October 2015.

 

 

 - Press release

 - Free download of the pdf French version and pdf English version

 


 

 UNIDROIT receives Chinese Food and Drug Administration Delegation

 

24 October, 2015

 

 

On 24 October, 2015, UNIDROIT received a senior delegation from the Chinese Food and Drug Administration. The delegation, headed by Mr Mao Zhenbin, Director General of the Department of Emergency Management, was welcomed by Ms Anna Veneziano (Deputy Secretary-General), Ms Frédérique Mestre (Senior Legal Officer), Mr William Brydie-Watson (Legal Officer) and Mr Ercole de Vito (Research Assistant). The delegation’s visit was organised by Senior Consultant to the World Bank and the Global Food Safety Partnership, Mr Donald Macrae. In particular, the meeting focussed on the recently published UNIDROIT/FAO/IFAD Legal Guide on Contract Farming and the Implementation Strategy adopted in various countries.

 

 

Contract Farming Legal Guide Chinese Delegation

 

The Senior Delegation from the Chinese Food and Drug Administration photographed with UNIDROIT’s Deputy Secretary-General and Officers in the historical Map Room of Villa Aldobrandini.

 


 

Challenges in agricultural productivity in the world – Perspectives from


the UNIDROIT/FAO/IFAD Legal Guide on Contract Farming

 

and its Application in Colombia

 

21 October, 2015

 

 

On 21 October 2015, the Department of Business Law, the Open Chair of Rural Affairs and the Law of Land Specialization of the Universidad Externado de Colombia and UNIDROIT, cohosted a seminar whose main objective was to discuss the Legal Guide on contract farming, prepared by UNIDROIT, the Food and Agriculture Organization - FAO and the International Fund for Agricultural Development - IFAD, with the participation of Unidroit representatives, i.e. Mr José Angelo Estrella Faria, Secretary General, and Prof. Fabrizio Cafaggi, member of the Working Group on Contract Farming, as well as of representatives from the Colombian Government and academic circles.

 

 

Click here for the event’s webpage 

 

Información – ProgramaRelación del Seminario

 

 


 

UNIDROIT/FAO/IFAD Legal Guide on Contract Farming

 

 28 July 2015

 

The publication of the UNIDROIT/FAO/IFAD Legal Guide on Contract Farming approved by the Unidroit Governing Council on 6 May 2015, was released on 28 July 2015 at a launch event in the presence of Mr José Angelo Estrella Faria, Unidroit Secretary General, Mr Antonio Tavares, FAO Legal Counsel, Ms Eugenia Serova, FAO Director of Rural Infrastructure and Agro-Industries Division (AGS), and Mr Gerard Sanders, IFAD General Counsel, representing the three organizations co-authors of the Guide.

 

 

- Press release
Download the pdf version or This email address is being protected from spambots. You need JavaScript enabled to view it.
- UNIDROIT  Contract Farming Webpage

 

 

pict01   pict02
Mr Gerard Sanders (IFAD General Counsel), Mr José Angelo Estrella Faria (UNIDROIT Secretary-General, Mr Antonio Tavares (FAOLegal Counsel), Ms Eugenia Serova (FAO Director of Rural Infrastructure and Agro-Industries Division), each with their own copy of the Legal Guide of Contract Farming   Mr Gerard Sanders (IFAD General Counsel), Mr José Angelo Estrella Faria (UNIDROIT Secretary-General, Mr Antonio Tavares (FAO Legal Counsel), Ms Eugenia Serova (FAO Director of Rural Infrastructure and Agro-Industries Division), delivering their speeches

 


  

 Session on “Managing Farmers’ Rights" in EXPO Workshop

 

on "Farmers’ Capacity Building"

 

24 June 2015 - Milan

 

 

The Legal Guide was presented and discussed at the Session on “Managing Farmers’ Rights” in EXPO Workshop on "Farmers’ Capacity Building” held on 24 June 2015 in the context of the World Farmers’ Organisation – WFO General Assembly, held in Milan on 24-27 June. The presentation was made by Mr David G. Velde, Vice President of International Affairs, NFU-USA, Washington D.C. and Ms Frederique Mestre, Senior Officer, UNIDROIT.

 

 

Click here for the event’s webpage

 


 

UNIDROIT GOVERNING COUNCIL ADOPTS

 

UNIDROIT/FAO/IFAD LEGAL GUIDE ON CONTRACT FARMING 

 

6 May 2015

 

At its 94th session, on Wednesday 6 May 2015, the UNIDROIT Governing Council considered and approved the UNIDROIT/FAO/IFAD Legal Guide on Contract Farming. 

The Council unanimously praised the high quality of the work, and commended the Working Group for the outcome of its deliberations. It thanked, in particular, the drafters for their hard work and dedication, and all those who had participated in the consultations during the preparation process of the Guide. It also expressed its greatest satisfaction at the successful collaboration with IFAD and FAO which had been instrumental in achieving this final product. The Guide will be published in paper form as soon as possible and will be accessible on line on the websites of the three sponsor organisations.

The Council endorsed the Secretariat’s proposal that UNIDROIT continue to pay attention to the private law aspects of agriculture. It agreed that the Secretariat should collaborate with FAO and IFAD’s initiatives for the implementation and dissemination of the Guide, within UNIDROIT’s mandate and subject to available resources.


  

IMF-WB Spring Meetings -


Contract Farming as a Tool for Economic and Social Development


14 April, 2015 -
Washington D.C. (USA)

 

 

UNIDROIT, jointly, with other partners, organized a session on “Contract Farming as a Tool for Economic and Social Development”. The Panel discussed Contract Farming operations enabling environment, Advantages and Risks from farmers’ perspective, Role of the legal framework in promoting balanced producer/contractor relationships, and the UNIDROIT/FAO/IFAD Legal Guide on Contract Farming, and Effective contract enforcement through appropriate dispute resolution mechanisms.

 

 Flyer - Video recording

 


 University of Perugia (Italy)

 

Department of Agricultural, Food and Environmental Sciences

 

Session on "Through the Lens of the Contract:

Regulating AgriFood System in the Future of Europe"

5 March,2015 - Perugia (Italy)

 

The Legal Guide was presented and discussed at a Seminar on  “Through the Lens of the Contract: Regulating AgriFood System in the Future of Europe”, organised by the Department of Agricultural, Food and Environmental Sciences, University of Perugia (Italy), on 5 March 2015 with a presentation by Ms. Frederique Mestre, Senior Officer, UNIDROIT.

 


 

  Delegation from the Philippines visits UNIDROIT

 

18 February 2015

 

On 18 February 2015, Mr Virgilio R. de los Reyes, Secretary for Agrarian Reform, and Mr Francis N. Pangilinan, Secretary for Food Security and Agricultural Modernization of the Philippines, accompanied by Mr Lupiño J. Lazaro, Deputy Permanent Representative to FAO, IFAD and WFP and Ms Maris Gavino, Agri-Assistant, Embassy of the Philippines, Rome, met with Secretariat officers in Rome to discuss UNIDROIT activities in the area of agricultural development with particular relevance for the Philippines. The meeting focused on two particular topics: the forthcoming UNIDROIT/FAO /IFAD Legal Guide on Contract Farming and the preparation of a fourth Protocol to the Cape Town Convention on International Interests in Mobile Equipment on Matters specific to agricultural, construction and mining Equipment (the “MAC Protocol”).

 

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 From the left: Mr Virgilio R. de los Reyes, Secretary for Agrarian Reforms (Philippines), Ms Anna Veneziano (Deputy Secretary General of UNIDROIT), Ms Frederique Mestre (Senior Officer, UNIDROIT), Mr Francis N. Pangilinan, Secretary for Food Security and Agricultural Modernization (Philippines).

 


 

 

 Internet consultation on the forthcoming UNIDROIT/FAO/IFAD 
Legal Guide on Contract Farming

 

UNIDROIT invited all interested stakeholders to submit comments on the Zero Draft of the Legal Guide on Contract Farming. The online consultation was open until 31 October 2014.


 

Promoting Good Contract Practices between Producers and Buyers in Contract Farming Operations in the African Context 
Workshop on the Legal Dimension of Contract Farming 
31 October, 2014 - Addis Ababa (Ethiopia)

 

A consultation event designed to draw from the experience of the parties to contract farming arrangements and other stakeholders, to inform the drafting of a forthcoming international legal guidance document on contract farming: the UNIDROIT/FAO/IFAD Legal Guide on Contract Farming. The workshop was addressed to all stakeholders with practical and/or legal experience in contract farming operations in the African region, i.e. representatives of agricultural producers and agribusinesses, government officials, IGOs, development agencies and NGOs, supply chain financing institutions, and participants from academic and research institutions (contract law).

 

Event Materials

Report on the session


  

Good Corporate Practices in Contract Farming
Private Sector Consultation Workshop

 10 October, 2014 - Rome

 

UNIDROIT invited representatives from the private agribusiness sector for a consultation meeting on 10 October 2014 to help shape the content of a forthcoming international legal reference document on contract farming. At the event, UNIDROIT presented the content of the draft Legal Guide on Contract Farming and facilitated roundtable discussions to solicit feedback and experiences from attendees, to assess the Guide’s adequacy to meet practical needs. The target audience included corporate in-house counsels, officers dealing with procurement, supplier relationships, corporate social responsibility, sustainability, as well as any other corporate officers that have experience with contract farming.

 

Event Materials

Report on the session


  

Promoting Good Contract Practices between Producers and Buyers in Contract Farming Operations in the Asian Context 
Workshop On The Legal Dimension Of Contract Farming
26 September,  2014 - Bangkok (Thailand)

 

A consultation event designed to draw from the experience of the parties to contract farming arrangements and other stakeholders, to inform the drafting of a forthcoming international legal guidance document on contract farming: the UNIDROIT/FAO/IFAD Legal Guide on Contract Farming.

The workshop was addressed to all stakeholders with practical and/or legal experience in contract farming operations in the Asian region, i.e. representatives of agricultural producers and agribusinesses, government officials, IGOs, development agencies and NGOs, supply chain financing institutions, and participants from academic and research institutions (contract law).

 

Event Materials

Report on the session


 

Contract Farming Today, The Right Equilibrium
Thematic workshop in the framework
of the
General Assembly of the World Farmers Organisation (WFO)

 25-28 March, 2014 - Buenos Aires (Argentina)

 

A consultation event designed to draw from the experience of the parties to contract farming arrangements and other stakeholders, to inform the drafting of a forthcoming international legal guidance document on contract farming: the UNIDROIT/FAO/IFAD Legal Guide on Contract Farming.

The workshop was addressed to all stakeholders with practical and/or legal experience in contract farming operations in the South American region, i.e. representatives of agricultural producers and agribusinesses, government officials, IGOs, development agencies and NGOs, supply chain financing institutions, and participants from academic and research institutions (contract law).

 

Event Materials

Report on the session

 

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