|Review of the Draft UNIDROIT-FAO-IFAD|
|Legal Guide on Agricultural Land Investment Contracts|
(1 June 2019)
As part of UNIDROIT’s work on private law and agricultural development, a UNIDROIT Working Group is currently developing a Legal Guide on Agricultural Land Investment Contracts, in collaboration with the Food and Agriculture Organization of the United Nations (FAO) and the International Fund for Agricultural Development (IFAD).
The future Legal Guide provides detailed guidance to support the preparation, negotiation and implementation of agricultural land investment contracts that are fully consistent with the UN Guiding Principles on Business and Human Rights, the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the context of National Food Security (VGGT), the Principles for Responsible Investment in Agriculture and Foods Systems (CFS-RAI Principles) and other international instruments. While not endorsing large-scale land acquisitions but acknowledging that land acquisitions continue to occur, the Guide responds to the need for greater and more responsible investment in agriculture, which incorporates necessary safeguards to enhance food security and nutrition and to protect legitimate tenure right holders, human rights, livelihoods and the environment and, in turn, reduces investment risks.
After four meetings and promotional events held in 2016, 2017 and 2018, the Working Group has produced a consolidated draft, known as the ALIC Zero Draft. As part of the elaboration process, the Working Group has agreed that the ALIC Zero Draft should be submitted to broad and extended consultations to raise awareness about the Legal Guide and to seek further input from stakeholders, in order to ensure a high-quality product that responds to actual needs and reflects best practices.
The consultations will include various activities, including regional events in Asia, Africa, South America and Europe and an open online consultation.
English PDF - 2 pages
UNIDROIT's webpage on the preparation of an international guidance document on
Agricultural Land Investment Contracts providing information on the project's history
The online consultation is open from 1 June 2019 until 31 October 2019.
Who can contribute
Anyone who has an interest in the proposed Guide. This includes: public authorities/state counsels, private sector/businesses, civil society organisations, academic institutions, and the public at large.
How to contribute
Any comments you may have concerning the general approach of the Guide or on specific Chapters, sections or issues would be most welcome, in particular with respect to redundant content, insufficient treatment or gaps in the addressed issues (if any).
All comments received will be submitted to the Working Group and taken into account, as appropriate, for the draft's final revision, which is to take place between 1 November and 20 December 2019.
Subject to the final revision process in coordination with FAO and IFAD, the Legal Guide on Agricultural Land Investment Contracts will be adopted by the UNIDROIT Governing Council at its 99th session in May 2020.