New Technologies in International Law / Tymofeyeva, Crhák et al.

7.1 D igital A griculture : S afeguarding H uman R ights through R esponsible R esearch and I nnovation

By Foto Pappa (Sant’ Anna School of Advanced Studies)

Introduction Digital agriculture is a fast-growing sector, which encompasses the use of technology such as robots, drones, artificial intelligence (AI) and Internet of Things (IoT) in agriculture. Proponents of the introduction of digital agriculture have underlined its benefits, including improved productivity and sustainability. The way in which this would happen is through the precise application of inputs such as pesticides and fertilizers, as well as irrigation. The latter could be automatized, but it is also possible to provide individualized actionable advice to the farmer through the relevant app. To elaborate, the technology is synthesizing historical data as well as data provided by the farm (collected for example from sensors on the ground or from drones flying over the farm) in order to predict the ideal timing and quantity for example of pesticide application. However, digital agriculture has also garnered criticism, because of the unequal power relations between digital agriculture companies and farmers, as well as the treatment of farm data. Among the risks that have been identified are market concentration-with the ensuing exacerbation of inequalities- as well as issues related to the role of the farmer, who will be more dependent on technology and runs the risk of being disconnected from the land and experimental/tacit knowledge. Given that more and more countries are introducing digital agriculture policies or are collaborating with digital agriculture companies, more attention should be paid to the way this technology is developed and introduced. In this submission, I will be attempting to delineate what an approach that would be in compliance with human rights obligations of states -particularly the human right to science- using the paradigm of responsible research and innovation. I will be exploring what the benefits of a technology development and introduction would be, if they comply with the approach of responsible research and innovation, focusing on the benefits this could offer for digital agriculture. 1. The Human Right to Science: A safeguard and an asset for digital agriculture? The human right to science is contained in Article 15 (1) (b) of the International Covenant on Economic Social and Cultural Rights (ICESCR) as the right of everyone “to participate in and to enjoy the benefits of scientific progress and its applications”. 765 General comment (GC) 25 also sets forth that states should take measures to ensure that

765 International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3, Art. 15, para 1 (b).

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