دائرة قانون التنمية

Two new Parlatino model laws on agroecology and agri-food cooperatives for the Americas

17/03/2025

In December 2024, the Latin American and Caribbean Parliament (Parlatino) approved two new Model Laws drafted with the technical and legal support of the Food and Agriculture Organization of the United Nations (FAO), including the contribution of the Development Law Service of the Legal Office (LEGN). These are the Model Law for the Promotion of Agroecology and the Model Law on Agrifood Cooperatives in Latin America and the Caribbean.

Model Law for the Promotion of Agroecology

The Model Law for the Promotion of Agroecology aims to promote sustainable and resilient agricultural practices throughout Latin America and the Caribbean, with an innovative framework that is poised to drive significant advances towards food security, the right to food, and sustainable development.

The law consists of 40 Articles, grouped into ten chapters:

  • Chapter I, on General Provisions, addresses issues such as the characterization of agroecology and its practices, and some general principles (Articles 1–6).
  • Chapter II is dedicated to the institutions that should promote agroecology (Articles 7–15).
  • Chapter III encourages the adoption of a National Policy on Agroecology and related instruments (Articles 16–18).
  • Chapter IV proposes the establishment of an Agroecology Monitoring System with data collection (Articles 19–22).
  • Chapter V addresses education, innovation, and food culture (Articles 23–25).
  • Chapter VI regulates civil society’s representation and participation (Articles 26–27).
  • Chapter VII refers to access to justice (Articles 28–29).
  • Chapter VIII refers to international cooperation (Articles 30–32).
  • Chapter IX regulates financing, promotion, and incentives (Articles 33–35).
  • Chapter X includes some final clauses for the law’s application (Articles 36–40).

The Model Law emphasizes the importance of agroecology education and civil society participation in agricultural policy formulation, while recognizing that well-developed institutional frameworks are vital for the successful monitoring and promotion of agroecology at the national level. Encouraging international cooperation, the Model Law also provides guidelines for government funding to support agroecological practices through subsidies and incentives.

This Model Law was developed based on FAO's 2021 publication, “Legislating to Promote Agroecology in the Latin American and Caribbean Region: Guidelines for a PARLATINO Model Law on Agroecology”. It took into account public consultations held in 2023 in partnership with the Brazilian association AS-PTA.

Model Law on Agrifood Cooperatives in Latin America and the Caribbean

The Model Law on Agrifood Cooperatives in Latin America and the Caribbean marks a milestone for the strengthening of these associations in the region. It aims to enhance the role of agri-food cooperatives in rural development, food security, the right to food, and sustainability, recognizing their capacity to generate more resilient, fair, and equitable economies with greater sustainability and circularity. It was drafted in partnership with Cooperatives of the Americas in a participatory manner.

The Model Law consists of 38 Articles organized into six chapters:

  • Chapter I, on General Provisions, addresses issues such as the definition of agrifood cooperatives and small agrifood cooperatives (Articles 1–8).
  • Chapter II promotes participation and democratic management, including the role of women and youth (Articles 9–13).
  • Chapter III refers to capacity building, education, and the incorporation of a gender perspective (Articles 14–17).
  • Chapter IV refers to production chains and agrifood systems (Articles 18–27).
  • Chapter V refers to the promotion and recognition of agrifood cooperatives as enterprises (Articles 28–36).
  • Chapter VI includes some final clauses for the law’s application (Articles 37–38).

The Model Law encourages countries of the region to support agri-food cooperatives as agents of change in agri-food systems. It emphasizes the importance of democratic participation and management, highlighting the role of women and youth. It also deals with cooperative training and education, productive linkages and agri-food systems, and the promotion and encouragement of agri-food cooperatives, including technical assistance and fiscal incentives that can be provided by the state.

FAO’s collaboration with Parlatino is long-standing and includes assistance in drafting model laws on issues such as:

  • Right to Food and Food Sovereignty (2012)
  • School Feeding (2013)
  • Family Farming (2016)
  • Artisanal or Small-scale Fisheries (2017)
  • Community Water and Sanitation Systems (2021)
  • Climate Change and Food and Nutrition Security (2021)
  • Prevention and Reduction of Food Loss and Waste (2022)

Parlatino model laws are not legally binding but serve as relevant guidance and inspiration for national parliaments. These laws can be adapted by national legislative bodies to align with their legal systems and specific national needs. This means that they do not necessarily need to be adopted in their entirety.

For example, if a country already has a law that regulates agroecology or cooperatives, some chapters of the model laws—those most relevant to that country—can be incorporated into existing laws in the form of amendments.

The Parlatino model laws on agroecology and agri-food cooperatives are examples of inclusive and transformative legal frameworks that can serve as catalysts for national legislative processes in the region.

Manuela Cuvi Rodríguez (Legal Officer, FAO) 

 

References

FAO. 2021. Legislar para Promover la Agroecología en la Región de América Latina y el Caribe: Lineamientos para una ley modelo del PARLATINO sobre agroecología. https://openknowledge.fao.org/server/api/core/bitstreams/91392653-675c-4bf7-a543-ff061e780b81/content.

Parlatino. Model laws approved by Parlatino.https://parlatino.org/leyes-modelo-aprobadas-por-el-parlatino/.