United Nations A/HRC/16/49/Add.

3
General Assembly Distr.: General
18 February 2011

Chinese and English only

Human Rights Council

Sixteenth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development

Report submitted by the Special Rapporteur on the right to

food, Olivier De Schutter
Addendum

Preliminary note on the mission to China (15-23 December 2010)* **

*
Late submission.
**
The present document does not reflect the comments of the Government of China insofar as
no comments were received before the deadline for submission of the note to the Human
Rights Council.

GE.11-10843
A/HRC/16/49/Add.3

I. Introduction
1. The Special Rapporteur on the right to food, Olivier De Schutter, conducted an
official mission to China, at the invitation of the Government, from 15 to 23 December
2010. The mission included meetings in Beijing, as well as field trips to the districts of
Tongzhou and Changping, and to the areas of Jinan and Laiwu in the province of
Shandong.
2. The Special Rapporteur expresses his sincere appreciation to the Government for the
high level of cooperation he benefited from and thanks, in particular, the Permanent
Mission to the United Nations Office at Geneva and the Ministry of Foreign Affairs for
their professionalism and dedication in organizing the programme. He also thanks all the
persons with whom he met during his visit, including high-level representatives and experts
from the Ministry of Foreign Affairs, the Ministry of Agriculture, the State Administration
of Grain, the Ministry of Land and Resources, the Ministry of Environmental Protection,
the Ministry of Human Resources and Social Security, the General Administration of
Quality Supervision, Inspection and Quarantine, and representatives of a range of research
institutions, civil society organizations and international agencies.
3. In the present note, the Special Rapporteur sets out the main issues he explored
during the mission. He examines the efforts made by China in realizing the right to
adequate food and the obstacles faced, using a framework reflecting the main components
of the right to adequate food. Increasing food availability, while important, is not enough to
ensure the realization of the right to food. Accessibility also needs to be addressed, by
policies aimed at the areas and populations that are still vulnerable to food insecurity.
Adequacy requires that appropriate attention be paid to the nutritional dimensions of the
right to food. And the food systems must be sustainable: satisfying current needs should not
be at the expense of the country’s ability to meet future needs.

II. Food availability

4. China has made remarkable progress in raising its levels of agricultural production.
Domestic food availability has increased from 1,500 calories per capita per day at the start
of the 1960s to 3,000 calories per capita per day in 2000.1 With a population of 1.3 billion
and a surface of arable land of 121.7 million hectares, China has 21 per cent of the world’s
population, 8.5 per cent of the world’s total arable land and 6.5 per cent of the world’s
water reserves. Yet, thanks to the impressive progress of agricultural production, it has
moved since 2005 from being a beneficiary of food aid to being a food aid donor.
Following a series of bumper harvests in recent years (530.8 million tons of grain were
produced in 2009 – an increase of approximately 13.1 per cent compared to that in 2004 –
and 546 million tons in 2010), China has achieved a grain self-sufficiency rate of at least 95
per cent, and its grain reserves are estimated to be more than the double the 17 per cent
safety level recommended by the Food and Agriculture Organization of the United Nations.
5. This success is a testimony to the potential of small-scale farming, which can be
very productive if it is effectively supported, and if farmers are encouraged to organize in
order to achieve certain economies of scale in the acquisition of small machinery and in the
processing, transport and marketing of their produce. Indeed, the increases in agricultural
production in China are primarily attributable to some 200 million small-scale farmers with

1
Jenifer Huang McBeath and Jerry McBeath, Environmental Change and Food Security in China,
Advances in Global Change Research, vol. 35 (Springer, 2010), p. 38.

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an average holding of 0.65 hectares. A guaranteed minimum procurement price system for
the main grain sorts and agricultural input subsidies, facilitating the flow of resources from
industry to agriculture, have been the most important factors in this success.
6. Because the amount of land attributed to each household is very small, contract
farming may also play a role, and it is rapidly expanding in certain provinces in rural China.
Contract farming can help raise small-farm income, and it may be particularly well suited to
the characteristics of the Chinese organization of small-scale farmers into collectives, since
this communal mode of organization may strengthen their bargaining position vis-à-vis the
buyer. During his mission, the Special Rapporteur witnessed first hand the advantages of
contract farming for farming families in the province of Shandong. At the same time, the
lessons from this province are not necessarily transposable to other provinces with a less
well-developed agricultural sector, and it certainly should not be seen as a substitute for
policies that support the production of food crops to meet local consumption needs.
However, where contract farming is an attractive option, the Government could support it,
for instance by mediating conflicts between buyers and farmers, by providing extension
services in coordination with the technical support provided by buyers, and by ensuring that
the legal framework protects farmers from any abuse by the buyer. It could also encourage
that a certain percentage of the total cultivated area of each collective be reserved for the
production of food crops, in order to ensure that the population will not be excessively
dependent on the evolution of the prices paid for the crops they cultivate for the buyer, and
to limit the risks from occasional bad harvests. Finally, the Government could encourage
farming families joining contract farming schemes to form cooperatives in order to move
up in the value chain.
7. At the same time, apart from these successes in raising production, the massive
transition of the Chinese economy and society over the past generation, and the threats
represented by land degradation and climate change, have brought about their own
challenges.
8. Industrialization and urbanization increase pressure on farmland. Since 1997, China
has lost 8.2 million hectares of arable land due to urbanization, forest and grassland
replanting programmes, and damage caused by natural disasters, and the country’s per
capita available land is now at 0.092 hectares, 40 per cent of the world average. This
shrinking of arable land represents a major threat to the ability of China to maintain its
current self-sufficiency in grain. China has adopted the principle according to which any
cultivated land lost for other purposes should be reclaimed elsewhere, and it has set a “red
line” at 1.8 billion mu (120 million hectares) beyond which arable land will not be allowed
to shrink further. But China is already dangerously close to this limit.

III. Access to adequate food

9. In order to guarantee accessibility of food, special attention must be given to those in
society whose ability to either produce or purchase food for an adequate diet may be
impeded by a lack of resources, such as access to land and an adequate income. Food
insecurity may stem from a deprivation of resources – for example resulting from the loss
of land or of employment – or from a sudden increase in the price of food, in the absence of
measures that protect those whose purchasing power may be insufficient. Indeed, the
mission took place at a time when China was facing a sharp rise in the prices of food. The
annual inflation of food prices was estimated to be 11.7 per cent in 2010,2 primarily as the

2
Xinhua, “China’s Nov CPI up 5.1%, a 28-month high”, China Daily, 11 December 2010.

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result of higher prices for meat, fruits and vegetables, as the rise in the prices of basic
cereals, including rice, remained limited.
10. Improved access to adequate food has been facilitated by strong economic and social
progress over the past three decades, lifting several hundred millions out of poverty.
Measured in terms of the World Bank poverty standard (of 888 yuan per person per year at
2003 rural prices), the absolute number of poor fell from 652 million to 135 million
between 1981 and 2004. Using the current international measure of poverty of $1.25 per
day in 2005 purchasing power parity dollars, the number of poor was 254 million in 2005,
the latest year for which direct survey-based estimates are available.3 This overall progress
in reducing poverty led to significant improvements in food security. The number of
undernourished people went down from 1 in 3 30 years ago to 1 in 10, and the prevalence
of underweight among children under 5 years old decreased from 19.1 per cent in 1990 to
6.9 per cent in 2005 (stunting rates went from 33.4 per cent to 10.5 per cent in the same
period).
11. However, in parallel with the overall economic and social progress, disparities in
living standards between regions and between rural and urban areas have become more
marked. The urban-rural income gap widened, up from 2.79 to 1 in 2000 to 3.33 to 1 in
2007, and if the distribution of spending on public services is taken into account, the urban-
rural ratio reaches 5-6 to 1.4 One aspect of this situation is that overall progress in food
availability coexists with the persistence of food insecurity in certain areas for some groups.
Thus, according to a recent report on food security in China, situations of food insecurity
are still common in some of the poor rural counties, particularly in the western mountainous
areas.5
12. An important pillar of efforts to ensure effective access to adequate food consists of
efforts to put in place an effective social security scheme, so that those whose living
standards fall below a certain threshold and those who face food insecurity are entitled to
various forms of assistance.
13. The Special Rapporteur commends the Government of China for its efforts and
stated policy objective to establish a social protection system covering all urban and rural
residents, including basic old-age pension, basic medical care and the minimum living
standard guarantee (di bao) scheme. Progress has been faster, however, for the urban
residents, and important gaps subsist between them and the rural populations. For instance,
with regard to the di bao, rural residents receive on average only a fraction of what goes to
urban residents.6 While this is explained in part by the fact that rural residents have access
to land under the household responsibility system, differences also exist in access to basic
health care and to old-age pension.
14. One major reason for the widening of the rural-urban gap resides in the fact that
local governments have insufficient revenues to fulfil all the tasks assigned to them. A large

3
World Bank, “From poor areas to poor people: China’s evolving poverty reduction agenda. An
assessment of poverty and inequality in China”, March 2009, pp. iii and v.
4
Human Development Report China 2007-2008: Access for All - Basic Public Services for 1.3 Billion
People, commissioned by the United Nations Development Programme, China, and coordinated by
the China Institute for Reform and Development (Beijing, China Translation and Publishing
Corporation, 2008), p. 33.
5
Xiao Yunlai and Nie Fengying, A Report on the Status of China’s Food Security, commissioned by
the Food and Agriculture Organization of the United Nations, the International Fund for Agriculture
Development and the World Food Programme (Beijing, China Agricultural Science and Technology
Press, 2009), pp. 62 and 63.
6
World Bank, “From poor areas”, p. 124.

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number of essential services, including education, healthcare and old-age pensions, are
provided at the local level,7 and it is estimated that local governments finance 80 per cent or
more of basic health and education expenditures.8 While levels of subsidies from the central
Government are significant – fiscal transfers (excluding tax rebates) from the centre to local
governments increased from 435 billion yuan in 2002 to 2.4 trillion yuan in 20099 – there
remains a high inequality in the distribution of medical and health resources. It is estimated
that in 2005, only 25 per cent of public health resources were devoted to rural residents,
although they make up close to 60 per cent of the total population.10
15. Although necessary, further transfers may not be the most efficient way to address
this problem, because of the difficulties in monitoring the use made of earmarked funds by
the local-level authorities. Rather, consideration could be given to recentralizing the
provision of certain public services, for instance the payment of old-age pensions and of the
salaries of teachers, or basic health-care costs, to ensure that the local governments will not
be obliged to compensate for the gap between their revenues and their expenditures by
relying on user fees; user fees of course disproportionately affect the poorest households
and may lead to a retrogression in the level of enjoyment of certain basic rights.
16. Rural migrant workers are also affected by the gap between the rural and the urban
levels of public services. Over the past decades, some 144 million people have migrated
from rural areas all over China to work in urban areas, particularly in the eastern provinces.
Since an estimated 20 per cent of all rural migrant workers move with their family,11 the
total number of rural-urban migrants can be estimated to around 170 million. These
migrants are often excluded from social services and social security benefits, including the
di bao guaranteed to urban residents. In part, this stems from the fact that the vast majority
of rural migrants (probably around 85 per cent) work in the informal sector, which
increases their vulnerability to abusive labour conditions, including non-payment of
wages.12 Another source of exclusion is the household registration system (hukou), the
result of which is that, depending on their place of registration, individuals have different
entitlements to basic services in the areas of health, education and basic income guarantees.
17. A key challenge is to integrate the fast-growing population of rural migrants into the
urban social security schemes through programmes which are tailored to the specific
situation and needs of this population group. A number of provinces or municipalities, most
recently Shanghai as regards health care, have taken steps in this direction by launching
pilot programmes to abolish or limit the impact of the hukou system and to include migrant
rural workers in the basic public service system. This often benefits only rural migrant
workers engaged in formal employment, however, which are a minority amongst the
migrants. In addition, for this to be fiscally sustainable – for the public services of the
concerned cities to be able to cope with the increased demands imposed on them – it should
be ensured that the revenues at their disposal will be sufficient. This again illustrates the
importance of fiscal reform.

7
Ye Xingqing, “China’s urban-rural integration policies”, Journal of Current Chinese Affairs, vol. 38,
No. 4 (2009).
8
Christine Wong, “Paying for the harmonious society”, China Economic Quarterly, vol. 14, No. 2
(June 2010), p. 21.
9
Ibid., p. 20.
10
Human Development Report 2007-2008 (see note 4 above), pp. 52-53.
11
Shi Li, “Rural migrant workers in China: scenario, challenges and public policy”, International
Labour Office, Policy Integration and Statistics Department, working paper No. 89 (Geneva, ILO,
2008), p. 5.
12
Ibid., p. 14, referring to a survey conducted in 40 cities by the Ministry of Labour and Social Security
in 2004 which found that only 12.5 per cent of migrant workers had written job contracts.

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IV. Adequacy of available food

18. As noted above, the achievements of China in combating malnutrition are
remarkable. However, important challenges remain concerning nutrition and the adequacy
of diets of both the rural and urban population. The prevalence of anaemia among children
under 5 years old was 21.9 per cent in 2006 but up to 80 per cent in the poorest counties,
and 35 per cent of children aged 12 months in the poorest counties are stunted. Despite
great increases in fruit and vegetables consumption for most households, a significant
proportion of households in poor counties eat vegetables only one or two days per week. At
the same time, obesity is appearing: in 2002, 9.2 per cent of Chinese children were
overweight for their age, a figure only slightly under the percentage of Chinese
underweight (11 per cent).13 Surveys by the World Health Organization also found
overconsumption of salt, leading to hypertension and related diseases, a threat for an ageing
population. China thus is meeting the same challenges as other countries undergoing
nutrition transition.
19. A comprehensive approach to address these problems could be based upon four
complementary strategies. First, the promotion of diverse and balanced diets, including
through agricultural policies or other adequate schemes aiming at cheaper vegetable prices
for poor urban and rural consumers, could decrease both malnutrition and certainly prevent
a further aggravation of obesity levels. Second, the promotion of exclusive breastfeeding
during the first six months after birth and complementary feeding after six months are the
most effective strategies to avoid malnutrition during the first 22 months and to strengthen
the immunity system of children. The opportunity for improvements in this area is
relatively large: only 27 per cent of Chinese children under 6 months are currently
exclusively breastfed according to data at the national level, and surveys in rural areas
indicate a lower percentage (10 per cent). Third, the promotion of mandatory
biofortification of staple foods, including wheat flour – as done today in 56 countries across
the world – could complement the first two preventive strategies. Finally, a stronger
regulation of the marketing efforts of the food industry to sell unbalanced processed
products and ready-to-serve meals too rich in fat and sugars is certainly needed to curb
obesity levels.
20. Food safety represents another important challenge. Following the 2008 incident of
melamine-contaminated infant milk powder, a series of important measures to strengthen
food safety supervision has been taken and a Food Safety Law was adopted in March 2009.
The authorities should be commended for their efforts in this domain, despite the
difficulties they face in a fast-developing agrifood processing and retailing industry.
Against this background, the Special Rapporteur is, however, concerned that, according to
information received, individuals alerting the public about food safety risks may risk legal
sanctions. This not only creates a chilling effect on all those who would like to rely on
article 10 of the Food Safety Law in order to report about violations of the requirements set
by this legislation, it also seems to underestimate the contribution that the exercise of
freedoms of expression and association can make to the right to adequate food.
21. The Special Rapporteur is convinced that transparency and access to information are
essential to the effective realization of the right to food. It is through the exercise of basic
freedoms that authorities can be held accountable and policies improved in the light of their
impacts; that corruption and misuse of power by public officials, particularly at the local

13
Jikun Huang and Scott Rozelle. “Agricultural development and nutrition: the policies behind China’s
success”, World Food Programme Occasional Paper No.19, 2009, p. 3.

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level, can be combated; and that the laws that are adopted in order to protect various aspects
of the right to food are complied with.

V. Sustainability
22. A 2008 Chinese Academy of Sciences report calculated that the cost of the
exploitation of natural resources, ecological degradation and environmental pollution in
2005 was 13.9 per cent of gross domestic product (GDP), while growth in that year was
11.3 per cent. This illustrates the considerable ecological threats and challenges that China
faces, with deep potential consequences for both food security at the national level and the
realization of the right to food of vulnerable groups. An estimated 37 per cent of the total
territory of China suffers from land degradation.14 Soil erosion has become a large problem
in northwest China, raising concerns about the country’s future grain security. Water
scarcity is a huge problem: per capita water availability is less than one third the world
average. According to one estimate, climate change may cause agricultural productivity to
drop by 5 to 10 per cent by 2030 in the absence of mitigation actions, affecting principally
wheat, rice and maize.15 Indeed, already today, droughts affect between 200 and 600
million mu of farmland in China every year. The modernization of agriculture has also
relied on important use of inputs, the production of which is based on fossil fuels such as
oil and natural gas, which China increasingly imports.
23. The Chinese authorities are keeping this issue under close scrutiny and they should
be commended for a number of initiatives that they have taken to mitigate and adapt to
ecological damage, including climate change. But more could be done. The social impacts
of certain policies, such as tuigeng huanlin (“returning farmland to forest”), which covers
more than 32 million farmers’ households in 25 provinces, may have been underestimated.
In addition, the authorities could further explore the potential of sustainable modes of
agricultural production based on the principles of agroecology in order to increase
agricultural productivity in a sustainable manner. Encouraging smallholders to use less
inputs, particularly synthetic fertilizers, would reduce their costs of production and improve
overall profitability, while preventing further increases in food prices and reducing the
country’s import bills and CO2 emissions at the same time. The experience of China with
agroecology has proven that this approach is viable and leads to very significant successes.
In Yunnan Province for instance, after disease-susceptible rice varieties were planted in
mixtures with varieties resistant to rice blast disease on 3,000 hectares of rice fields, yields
improved by 89 per cent and rice blast was 94 per cent less severe than when the varieties
were grown in monoculture, leading farmers to abandon the use of fungicidal sprays.
24. The Government could also improve the accountability of both local administrative
authorities and private stakeholders. Local authorities and officials could be evaluated
according to their environmental performance in addition to their purely economic
performance (GDP), and incentivized to control the respect for environmental laws and
regulations by private companies. Moreover, the role of courts in environmental matters
could be further strengthened, for instance by allowing public interest litigation.

14
McBeath and McBeath, Environmental Change (see note 1 above), pp. 53-54, citing estimate made
by the Ministry of Water Resources.
15
Human Development Report China 2009/10: China and a Sustainable Future - Towards a Low
Carbon Economy and Society, commissioned by United Nations Development Programme, China,
and coordinated by Renmin University of China (Beijing, Translation and Publishing Corporation,
2010), p. 19.

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VI. Ensuring security of tenure and access to land

A. Threats resulting from land takings

25. Approximately 750 million people in China still reside in rural areas and rely
significantly on agricultural land for their livelihood. For the large population of
smallholders, which are at the heart of the success of the country’s ability to achieve food
security, security of tenure and the ability to make land-related investments are vital. The
current land tenure regime seeks to achieve a delicate balance between guaranteeing
security of tenure to the individual household, whose use rights have been strengthened
over the years, while at the same time allowing for the development of a market for land
rental rights and ensuring that ownership remains in the hands of the collective. However,
this balance is sometimes disrupted at the level of implementation, which has been uneven
across villages.
26. First, despite the almost complete prohibition of “readjustments” in the 2002 Rural
Land Contracting Law (confirmed in the 2007 Property [Real Rights] Law), which only
allows readjustments in exceptional cases and under strict procedural conditions, this
possibility appears to be often abused in practice. Second, land takings seem to be
facilitated by the absence of a strict legal definition of the “public interest” that the
authorities may invoke in order to justify such takings. Third, in a number of regions,
cultivated land has reportedly been ceded to developers in violation of existing legal
procedures. According to one report, the number of such illegal land takings has been
declining (from 48.5 per cent of new developments in 2006 to 11.7 per cent of new
developments in 2009).16 Yet, it remains significant.
27. The pressure on land and on farmers threatens the ability of the country to maintain
current levels of agricultural production and thus the desired level of food self-sufficiency.
It also threatens the rights of land users, when they are obliged to cede their use rights
under pressure from the local authorities, who in some cases transfer these rights to
developers in exchange for bribes. Even when the procedural requirements have been
respected, local cadres reportedly often capture a significant portion of the compensation
paid to the collective, despite the requirement in the 2007 Property Law that the
compensation be returned in full to the individual farmer losing his/her land.
28. Ensuring the issuance of land certificates and improving the quality of the
information available to land users about their rights as well as their access to legal aid
would already go a long way towards improving their protection against such practices. The
rights of land users could also be strengthened through changes in the existing legal
framework. For example, contracted land use rights could be automatically extended
beyond the current 30-year term, unless no member of the household to whom the land has
been contracted still lives on the land. The possibility for the collective to impose
readjustments, and the possibility for the State to evict land users in the public interest,
could be better circumscribed, in order to allow courts to exercise a much stricter scrutiny
on the authorities’ reliance on these exceptions to the security of tenure of the land user.
Finally, since surveys show that the vast majority of land certificates do not refer to the
name of the woman and are instead in the name of the husband (or in the name of her father
or father-in-law), it could be provided that, as additional land certificates are issued, the
name of both the husband and the wife are recorded systematically.

16
Qian Wang, “Officials feeling pressure over illegal land use”, China Daily, 17 December 2010, p. 5.

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29. Improved security of tenure and the resulting development of a market for land
rental rights should be seen not as ends in themselves, but as part of a broader programme
of rural development. They should be combined with support to small-scale farming, in
order to ensure that farmers do not cede their use rights over land in conditions that amount
to distress sales. For the large number of small-scale farmers in the Chinese countryside,
access to land still represents a basic social safety net. Unless their levels of education
improve and they are given real employment opportunities in the urban areas in decent
conditions, an acceleration of land concentration through market mechanisms could result
in more food insecurity, because of the increased poverty that would follow.

B. Threats to nomadic herders

30. Nomadic herders in the western provinces and autonomous regions, especially in the
Tibet (Xizang) and Inner Mongolian Autonomous Regions, also face increasing pressure on
their access to land. The Grassland Law adopted in 1985 both in order to protect grassland
and in order to modernize the animal husbandry industry towards commodification has now
been complemented by a range of policies and programmes, including tuimu huancao
(“removing animals to grow grass”) and tuigeng huanlin (“returning farmland to forest”).
These programmes, part of the 1999 Western Development Strategy (xibu da kaifa), seek to
address the degradation of pasture lands and control disasters in the lowlands of China.
They include measures such as grazing bans, grazing land non-use periods, rotational
grazing and the accommodation of carrying capacity, limitations on pastures distribution,
compulsory fencing, slaughter of animal livestock, and the planting of eucalyptus trees on
marginal farmland to reduce the threat of soil erosion. While there is little doubt about the
extent of the land degradation problem, the Special Rapporteur notes that herders should
not, as a result of the measures adopted under the tuimu huancao policy, be put in a
situation where they have no other options than to sell their herd and resettle.
31. The International Covenant on Economic, Social and Cultural Rights prohibits
depriving any people from its means of subsistence, and the Convention on Biological
Diversity (1992) acknowledges the importance of indigenous communities as guarantors
and protectors of biodiversity (art. 8 (j)). China has ratified both of these instruments. The
Special Rapporteur encourages the Chinese authorities to engage in meaningful
consultations with herding communities, including in order to assess the results of past and
current policies, and to examine all available options, including recent strategies of
sustainable management of marginal pastures such as New Rangeland Management in
order to combine the knowledge of the nomadic herders of their territories with the
information that can be drawn from modern science. The Special Rapporteur also
encourages the Chinese authorities to invest in rehabilitating pasture, and to support the
remaining nomads with rural extension. The potential of livestock insurance programmes
should also be explored, as tested successfully in Mongolia. Such programmes, which pay
nomads to restock and recover after a major disaster, encourage nomads to keep herds at a
much smaller scale, in effect replacing the “insurance” against disaster traditionally
provided by the sheer size of larger herds.

VII. Conclusion
32. In the present note, the Special Rapporteur on the right to food has highlighted
the main issues examined during his mission. He is encouraged by the impressive
progress made in China in the achievement of food security. However, serious
challenges remain. These challenges include improving the situation of people living in
rural areas and the situation of rural migrant workers, improving security of land

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tenure and access to land, making a transition towards more sustainable agriculture,
and addressing the areas of nutrition and food safety. The Government is well aware
of these challenges. The Special Rapporteur expresses his willingness to cooperate
with the Chinese authorities to identify how to overcome the remaining obstacles, on
the basis of the best international practices.
33. The Special Rapporteur will present a full report to the Human Rights Council
when he next reports, and looks forward to continuing his dialogue with the
Government of China.

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