03. Global Campus Masters' Theses

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Browsing 03. Global Campus Masters' Theses by Subject "agriculture"
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    Between the domination of transnational companies and its discourse on business and human rights: contract farming and banana small farmers in the Davao region (The Philippines)
    (Global Campus of Human Rights, 2019) Hasanah, Mahesti ; Quan, Ryan Jeremiah D.
    This research examined violations towards small farmers’ rights over banana plantations – with the emphasis that the farmers held their agreements with transnational agribusiness corporations in Santo Tomas and Compostela Valley, Davao Region, Mindanao, the Philippines. By focusing on the right to work and the right to enjoyment of safe and healthy work conditions, the study was intended to enrich the existing literature reviews on contract farming (CF). The scholars in this field have explored this issue through many different approaches; however, perspective highlighting the farmers’ rights is still infrequently investigated. By using a case study method, the research focused on the implementation process of CF and its impact in the production cycle of small growers. The study conducted interviews and focus group discussions with eight small farmers, two academics, two nongovernmental organisations (NGOs) and one journalist and analysed government document policies, and had direct observation of several key events in the field. The research revealed that the companies governing the small farmers or growers as well as workers affect their social, economic and political aspects. Trans-national companies (TNCs) are controlling the market and the production chain through their subsidiaries or affiliation companies by rejecting the UN Guiding Principles on Business and Human Rights (UN Guiding Principles), obligating them to respect the rights regardless of their size, sector, operational context, ownership and structure. However, since the UN Guiding Principles can be sorted as soft law, the companies do not have an obligation to follow it. Instead, the companies are considered to be violating the right to work and right to the enjoyment of just and safe working conditions of the small farmers and workers. The violations included unfair contract signing, low payment on rented land, minimum wage and unhealthy working conditions. However, as CF is no single phenomenon, it was observed that the small farmers and workers had three strategies in gaining their rights over these domineering companies. They fought using formal and non-formal ways to demand the companies respect and fulfil their rights. This research should be able to strengthen the argument that companies are controlling the small farmers and workers under the CF system through social, economic and political aspects. Key words: Banana, Contract farming, Farmers’ rights, Socio-economic and political control, Philippines
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    The control over seeds : the confrontation between human rights and intellectual property rights
    ( 2016) Cabrera Cornide, Javier ; Moreira, Vital ; Gomes, Carla de Marcelino
    During the last decades, since the 1960s, the world has assists to the growing phenomenon of the privatisations of seeds with the development of Intellectual Property Rights (IPRs) over seeds and plant genetic resources. This process started in the western enriched countries and rapidly the transnational corporations of these countries started to patent plant genetic resources from impoverished countries and societies. During this period the Economic, Social and Cultural rights (ESCR) recognised in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights have been developed and an international protection system has been set to respect, protect and fulfil the enjoyment of these rights by the citizens of the States. Sometimes the application of the IPRs at international and national level can have serious consequences on the enjoyment of the ESCR, especially in the enjoyment of the Right to Food. The implementation of the economic neoliberal policies, supported by the enriched countries and some international organizations, as the World Trade Organization (WTO), has affect negatively to the impoverished populations of the developing countries. In reaction to these negative effects some remarkable initiatives have arose from civil society to propose an alternative to this neoliberal model.
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    Freedoms of access to food : exploring the right to adequate food through the capabilities approach
    ( 2018) Palasuberniam, Preetha ; Dobbs, Mary
    The double burden of malnutrition is a major concern in terms of policy and practice. The right to adequate food is outlined to include access to food in terms of quality and quantity, noting personal requirements and cultural preferences. The capabilities approach detracted from a food supply perspective, promoted by Malthusian fears and enabled by GATT, to a focus on creating access to food. Promotion of trade liberalisation under the Agreement on Agriculture is supported by the capabilities approach, but in practice trade distortions and restrictions prevent the creation of a fair and equal market and hindering local food security and food sovereignty capabilities. The agreement on Trade-Related Intellectual Property Rights motivates research and development that can enhance capabilities and development. Careful implementation under its provisions must be taken to not hamper biodiversity or food sovereignty. Finally, to further enhance access to adequate food, legal measures can help to ensure trade law, policies, and programmes are aligned with the each other.
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    The human rights obligations of the EU for the negative external consequences of the common agricultural policy : with especial reference to the EU soy policy
    ( 2014) Zarauz, Casilda ; Suksi, Markku ; Mustaniemi Laakso, Mija
    Soy has acquired an unquestionable importance in the globalized food system. The production of soy has become the main characteristic of agricultural production in South America. Its importance has changed the agricultural model, itself leading to negative consequences in the livelihoods of small scale farmers. However, the European Union soy policy seems to contribute to this agricultural model. The EU is a major actor in the global soy business being one of the main importers of soy in the world. After the last Common Agricultural Policy reform the EU has not taken any particular measure to improve the legislation that contributes to this soy agricultural model. The thesis which follows, therefore attempts to analyze which human rights obligations should have an impact in the EU´s soy policy. The impact of these obligations in the EU´s soy policy should be a useful tool to push the EU towards a policy that can contribute towards a more sustainable agricultural model of soy.
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    Labelling to corn fed cattle which influences right to health : freedom of choice for consumers
    ( 2013) Lee, Seungyoung ; Flear, Mark
    Modern food production performed intensive way to extract maximum outcome. Especially, meat production is combined with cultivation of feed crops thus its destructive influence is not just limited to animal welfare. Although there are many sectors, which ruin health and environment, this paper focused on the corn-feeding system in the meat production. Fattening herbivore livestock with intensive grain deteriorates environment, animal welfare and human health. Indeed, modern meat production is fragile to defense epidemic disease. Mad cow disease and hormone fed cattle are the case outbreak recently in the modern meat production. Meat production is not safe from the GMOs controversial since it can be used for animal feed. European Union and WTO have considered food safety problem which increasingly controversial. Newly introduced technology make future unpredictable thus decision making process became maze. Above all, introducing restriction measurement became carrying thin ice since it could be a breach of free-trade rule. Therefore, balanced perception between food safety and free trade can be found by case study concerning meat product in EU and WTO. Although the government can make regulation in the meat production, without consumer’s action, new regulation is hard to achieve. Therefore, corn-fed labelling can empower the consumer as a citizen who has a stake of health and ethical concern. Thus, this paper would search feasible labelling scheme to protect consumer’s right.
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    Peasant reserve zones as a frame for the guarantee of collective rights of peasant collectivities in Colombia. : the case of Cimitarra River Valley
    ( 2017) Vargas Perdomo, Sonia Cristina ; Morondo Taramundi, Dolores
    Peasants and their rights have been denied throughout the history. In Colombian legal order, there is a lack of the concept, and there is no recognition of their collective nature or their attachment to the lands and territories. Besides, Colombia has a history of violence and inequality that have affected mainly the rural areas. Peasants have suffered the consequences of the armed conflict, the historical marginalization, and the concentration of the land. In response, the communities have created forms of resistance and organization. After massive mobilizations, the Law 160 of 1994 was issued. This provision established the legal form of Peasant Reserve Zones (PRZ) in Colombia as a geographical area with the goals of stabilization of the peasant economy, the improvement of the causes of social conflicts and the creation of conditions to the achievement of peace and social justice. Accordingly, this thesis aims to examine the PRZ as a framework for the guarantee of collective rights of peasant collectivities, specifically the case of Cimitarra River Valley. For this purpose, the document contains the theoretical discussion about collective rights, the definition of the concept of collectivity and peasant communities and the review of the collective rights recognized in the International and Colombian Law. This led to the analysis of the case as a legal and social form that could frame the guarantee of rights of peasant collectivities.
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    Save the seeds: the impact of the disappearance of traditional seeds on the right to adequate food
    ( 2019) Léonet, Astrid ; Garcia, Laura
    The disappearance of traditional seeds is a direct consequence of the industrialization of agriculture, privatization of the common good, liberalization of the markets, and the rise of intellectual property rights. The extinction of traditional varieties considerably threatens biodiversity, farmers, and consumers, and leave multinationals with unfettered power to influence food production and food consumption habits. This jeopardizes the respect of essential elements of the right to adequate food. Through this paper, I assess the influence of the disappearance of traditional seeds on the right to adequate food. In addition, I explore the alternatives to save these seeds to protect society and nature, and ensure the realization of the right to adequate food for the present and future generations.