Right to Food Policy Seminar 5 June 2012

The Contribution of the Right to Adequate Food to Combating Global Hunger Olivier De Schutter

IFPRI, 5 June 2012

The Right to Adequate Food

1. The right to adequate food in international human rights law Article 25 of the Universal Declaration of Human Rights Article 11 of the International Covenant on Economic, Social and Cultural Rights Article 24(2) and 27(3) of the Convention on the Rights of the Child 2. The right to food rediscovered 3. Three levels of obligations 4. The governance framework 5. Implications at domestic level 6. Implications for development cooperation 7. Implications for global governance

The Right to Adequate Food -

IFPRI, 5 June 2012

2. The right to food rediscovered The new understanding of hunger and malnutrition The World Food Summit 1996 – commitment 5.2 of the Rome Plan of Action: 1° to clarify the content of the right to adequate food; 2° to give particular attention to implementation General Comment No. 12 of the Committee on Economic, Social and Cultural Rights on the right to adequate food (1999) The World Food Summit, five years later 2002 Voluntary Guidelines in support of the progressive realization of the right to adequate food in the context of national food security (FAO Council, 23 Nov. 2004) Rome Declaration of the World Summit on Food Security (16-18 November 2009)


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The new understanding of hunger and malnutrition: the question of entitlements -  Access, not mere availability -  The importance of accountability -  Adopting the perspective of the poorest


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Declaration of the World Summit on Food Security (Rome, 16-18 November 2009) While strides have been made, the overall efforts so far have fallen short of achieving the Millennium Development Goals and the commitments of the World Food Summits. We must collectively accelerate steps to reverse this trend and to set the world on a path to achieving the progressive realization of the right to adequate food in the context of national food security. Principle 1: Invest in country-owned plans, aimed at channelling resources to well- designed and results-based programmes and partnerships. Principle 2: Foster strategic coordination at national, regional and global level to improve governance, promote better allocation of resources, avoid duplication of efforts and identify response-gaps. Principle 3: Strive for a comprehensive twin-track approach to food security that consists of: 1) direct action to immediately tackle hunger for the most vulnerable and 2) medium- and long-term sustainable agricultural, food security, nutrition and rural development programmes to eliminate the root causes of hunger and poverty, including through the progressive realization of the right to adequate food.


IFPRI, 5 June 2012

Declaration of the World Summit on Food Security (Rome, 16-18 November 2009) (continued) Principle 3: Strive for a comprehensive twin-track approach to food security that consists of … medium- and long-term sustainable agricultural, food security, nutrition and rural development programmes to eliminate the root causes of hunger and poverty, including through the progressive realization of the right to adequate food. 16. We affirm the right of everyone to have access to safe, sufficient and nutritious food, consistent with the progressive realization of the right to adequate food in the context of national food security. We will strive for a world free from hunger where countries implement the “Voluntary guidelines for the progressive realization of the right to adequate food in the context of national food security” and we will support the practical application of the guidelines based on the principles of participation, transparency and accountability. Principle 4: Ensure a strong role for the multilateral system by sustained improvements in efficiency, responsiveness, coordination and effectiveness of multilateral institutions. Principle 5: Ensure sustained and substantial commitment by all partners to investment in agriculture and food security and nutrition, with provision of necessary resources in a timely and reliable fashion, aimed at multi-year plans and programmes.


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1. The right to adequate food in international human rights law 2. The right to food rediscovered 3. Three levels of obligations 4. The governance framework 5. Implications at domestic level 6. Implications for development cooperation 7. Implications for global governance


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Asbjorn Eide, The Right to Adequate Food as a Human Right, Report to the UN Sub-Commission on the Prevention of Discrimination and the Protection of Minorities (1987)


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DUTY TO RESPECT Abstain from interfering with enjoyment of the right

Evictions of farmers, destruction of crops, interruption of food aid

DUTY TO PROTECT Control private actors to ensure that they do not adopt conduct that leads to violations of the right to food

Ensure employers pay living wage, address speculation by traders, enforce prohibition of advertising breastmilk substitutes

DUTY TO FULFIL (FACILITATE AND PROVIDE)

Create conditions allowing markets to support access to food or, where people cannot have access to food for reasons beyond their control, provide them with food

Support agricultural development, social protection schemes, provision of food aid to face natural calamities…

n  UN Committee on Economic, Social and Cultural Rights, General Comment No. 12: The right to adequate food (Art.11)

n  The right to adequate food includes : n  1. A requirement of availability n  2. A requirement of accessibility (physical, legal and economic) n  3. A requirement of adequacy (not only macronutrients, also

micronutrients: essential vitamins, zinc, iron, iodine) – diversity of diets n  4. A requirement of absorption (utilization): education about nutrition

(including breastfeeding practices), health, social protection


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n  UN Committee on Economic, Social and Cultural Rights, General Comment No. 12: The right to adequate food (Art.11)

n  The right to adequate food, like any other human right, imposes three types or levels of obligations on States parties: the obligations to respect, to protect and to fulfil. In turn, the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide. The obligation to respect existing access to adequate food requires States parties not to take any measures that result in preventing such access. The obligation to protect requires measures by the State to ensure that enterprises or individuals do not deprive individuals of their access to adequate food. The obligation to fulfil (facilitate) means the State must pro-actively engage in activities intended to strengthen people's access to and utilization of resources and means to ensure their livelihood, including food security. Finally, whenever an individual or group is unable, for reasons beyond their control, to enjoy the right to adequate food by the means at their disposal, States have the obligation to fulfil (provide) that right directly. This obligation also applies for persons who are victims of natural or other disaster.


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1. The right to adequate food in international human rights law 2. The right to food rediscovered 3. Three levels of obligations 4. The governance framework : national strategies, framework laws, requirements of participation, accountability, non-discrimination, transparency, and rule of law 5. Implications at domestic level 6. Implications for development cooperation 7. Implications for global governance


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National strategies - which advantages? • turns policy objectives into duties • managing a complex process and facilitating coordination

across various departments and levels of government • ensuring appropriate earmarking of funds, creating stable

and predictable framework for private investors • allocating responsibilities between actors and ensuring

accountability, thus concretizing the right and encouraging justiciability or non-judicial monitoring of progress towards time-bound objectives, and permanent evaluation

• promoting public debate and participation in the identification of goals and means

• public statement of support by the government in favor of the fulfilment of the objective

• manages a transition from short-term to long-term objectives The added value of a framework law


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The (Brazilian) Law of 15 September 2006 establishing a National Food and Nutritional Security System (SISAN)


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CONSEA2/3 civil society1/3 government

Inter-Ministerial Chamber for food and nutritional securityAdopts national policy and plan

Indicators and benchmarks – monitoring the progressive realization of the right to adequate food


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STRUCTURAL INDICATORS

PROCESS INDICATORS OUTCOME INDICATORS

1.  Ratification of international instruments

2.  Legislative and institutional framework

Public expenditures, policies implemented

Degree to which the different normative components of the right are realized

Intentions of the State ; signs of goodwill

Efforts made by the State to effectively implement the right, to move from the framework to outcomes

Results achieved: success in meeting the targets Ensures learning about which policies work

Depends on the State Depends on the State but also on financial capacity

Depends on intentions and efforts of the State, but also on external factors or factors independent of the State


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DUTY TO RESPECT DUTY TO PROTECT DUTY TO FULFIL Constitutional and legislative safeguards

Regulatory framework to control non-State actors

National strategies developed w/ participation of CSOs / POs, with targets, timelines, allocation of responsibilities and independent monitoring

Parliaments: improve const. and legislative framework; screen new laws and policies for their implications on the right to food

Parliaments: promote competition law, regulate abuses of traders or input providers; budgets to strengthen labor inspectorates; track use of public revenues

Parliaments : promote framework laws ; ensure budgets comply with CAADP commitments Courts and NHRIs: monitor implementation of existing strategies

Use existing constitutional and legislative provisions (right to life, equality provisions, right to property…)

Develop farmers’ markets, organize farmers into cooperatives, provide information to State bodies

Convene national roundtables to identify problems and priorities



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IFPRI, 5 June 2012

Argentina : Law creating the National Nutrition and Food Program, 17 January 2003 Guatemala : National Nutrition and Food Security System Law, 6 April 2005 Ecuador : Nutrition and Food Security Law, 27 April 2006 Brazil : Law creating the National Nutrition and Food Security System, 15 September 2006 Venezuela : Nutrition and Food Security Law, Ley Orgánica de Seguridad y Soberanía Agroalimentaria, 31 July 2008 Nicaragua: Law of Food and Nutritional Security and Sovereignty (SSAN), 19 June 2009


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IFPRI, 5 June 2012

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The Role of Courts: The Example of the ‘Right to Food Case’ in India: public interest litigation Petition (Civil) No. 196/2001, People’s Union for Civil Liberties v. Union of India & Others (PUCL) -  500 affidavits by PUCL and defendants -  70 interim court orders from Supreme Court and High Courts -  Supreme Court Commissioners to monitor implementation

Commissioner of the Court with PUCL representative monitoring midday school meal program in the village of Tiua, Bihar


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Joint Statement by the UN Committee on Economic, Social and Cultural Rights and the Special Procedures on ‘The Millenium Development Goals and Economic, Social and Cultural Rights’ (29 November 2002): ... human rights, including economic, social and cultural rights help to realize any strategy to meet the MDGs for example by: (i) providing a compelling normative framework, underpinned by universally recognized human values and reinforced by legal obligations, for the formulation of national and international development policies towards achieving the MDGs ; (ii) raising the level of empowerment and participation of individuals; (iii) affirming the accountability of various stakeholders, including international organizations and NGOs, donors and transnational corporations, vis-à-vis people affected by problems related to poverty, hunger, education, gender inequality, health, housing and safe drinking water; and (iv) reinforcing the twin principles of global equity and shared responsibility which are the very foundation for the Millennium Declaration.


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The Human Rights Based Approach to Development Cooperation-Towards a Common Understanding Among UN Agencies (2003)

...the application of ‘good programming practices’ does not by itself constitute a human rights-based approach, and requires additional elements.

The following elements are necessary, specific, and unique to a human rights-based approach:

a) Assessment and analysis in order to identify the human rights claims of rights-holders and the corresponding human rights obligations of duty-bearers as well as the immediate, underlying, and structural causes of the non-realization of rights.

b) Programmes assess the capacity of rights-holders to claim their rights, and of dutybearers to fulfill their obligations. They then develop strategies to build these capacities.

...


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c) Programmes monitor and evaluate both outcomes and processes guided by human rights standards and principles.

d) Programming is informed by the recommendations of international human rights bodies and mechanisms.

Other elements of good programming practices that are also essential under a HRBA, include:

1. People are recognized as key actors in their own development, rather than passive recipients of commodities and services.

2. Participation is both a means and a goal. 3. Strategies are empowering, not disempowering. 4. Both outcomes and processes are monitored and evaluated. 5. Analysis includes all stakeholders. 6. Programmes focus on marginalized, disadvantaged, and excluded

groups. 7. The development process is locally owned.


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8. Programmes aim to reduce disparity. 9. Both top-down and bottom-up approaches are used in synergy. 10. Situation analysis is used to identity immediate, underlying, and

basic causes of development problems. 11. Measurable goals and targets are important in programming. 12. Strategic partnerships are developed and sustained. 13. Programmes support accountability to all stakeholders.


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Jeffrey Sachs, The End of Poverty (2005)

William Easterly, The Elusive Quest for Growth (2001)


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William Easterly, The Elusive Quest for Growth (2001) ‘Rather than worrying about how much investment is ‘needed’ to sustain a given growth rate [Harrod-Domar model], we should concentrate on strengthening incen- tives to invest in the future and let the various forms of investment play out how they may. (...) Giving aid on the basis of the financing gap creates perverse incenti- ves for the recipient (...). The financing gap is larger, and aid larger, the lower the saving of the recipient. This creates incen- tives against the recipient’s marshaling its own resources for development’


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William Easterly, The White Man’s Burden (2006) Planners v. Searchers The Legend of the Big Push You Can’t Plan a Market The Rich Have Markets, the Poor Have Bureaucrats


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The right to food in development cooperation

Supply-driven Demand-driven: based on a mapping of needs and co-designed by beneficiaries

Bilateral Triangular: donor-host government-local communities

Charity-based Entitlements-based: clear definition of rights and claims mechanisms

Focus on where efficiency of interventions is greatest

Focus on the needs of the marginalized groups and women

Assessment made unilaterally and based on criteria set by donors

Participatory assessment based on the normative components of the right to food

Right to Food Policy Seminar 5 June 2012

Education

Transcript of Right to Food Policy Seminar 5 June 2012