The Human Right to Food Introduction

Transcription

1 The Human Right to Food Introduction With Human Rights against Hunger!

2 HUMAN RIGHTS HISTORY 1945 Foundation of the United Nations 1946 Human Rights Commission The International Bill of Human Rights : Universal Declaration of Human Rights (1948) International Covenant on Civil and Political Rights (1966/1976) International Covenant on Economic, Social and Cultural Rights (1966/1976) 2006 International Human Rights Council

3 WHAT ARE HUMAN RIGHTS?

4 THE UNITY OF HUMAN RIGHTS Inherent and inalienable Universal Equal and non-discriminatory Indivisible and interdependent Cultural Rights

5 THE HUMAN RIGHT TO FOOD Universal Declaration of Human Rights: Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services,... (Art. 25)

6 THE HUMAN RIGHT TO FOOD International Covenant on Economic, Social and Cultural Rights (ICESCR), Art. 11: 1.The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living ( ) including adequate food 2. ( ) the fundamental right of everyone to be free from hunger

7 THE HUMAN RIGHT TO FOOD General Comment No. 12 to the ICESCR: The right to adequate food is realized when every man, woman and child, alone or in community with others, have physical and economic access at all times to adequate food or means for its procurement. (para. 6)

8 THE HUMAN RIGHT TO FOOD» adequate food and nutrition (sufficient, safe, cultural acceptable, nutritious)» availability of food (own production, markets)» access to food (economic, physical, constant )» access to land and productive resources (means for production of food: access to land, seeds, water)» access to work with just and favorable remuneration, cash transfer (means of procurement)» access to water (drinking water, sanitation, irrigation water) the right to feed oneself

9 THE HUMAN RIGHT TO FOOD People have rights, the states have obligations. A rights based approach turns people into rights-holders and does not perceive them as mere recipients of aid. The states are duty-bearers.

10 STATE OBLIGATIONS 3 Types of state obligations: 1. The obligation to respect 2. The obligation to protect 3. The obligation to fulfill

11 STATE OBLIGATIONS 1.The obligation to respect States must respect existing access to adequate food and must not take any measures preventing or destroying such access.

12 STATE OBLIGATION to RESPECT Mubende case Uganda - forced evictions of 4 villages for a coffee plantation - No compensation - State policies that cause hunger

13 STATE OBLIGATIONS 2. The obligation to protect The state must take necessary measures to ensure that a third party (e.g. enterprises or individuals) does not deprive people of their access to adequate food.

14 STATE OBLIGATION to PROTECT Case: violence against peasant communities in Honduras - Conflicts between peasants and landlords/companies growing palm oil - Repression, harassment, killing of 40 people in 1,5 years - impunity - Absence of the State to protect the peasants

15 STATE OBLIGATIONS 3. The obligation to fulfill The State must guarantee each person s access to food and food producing resources. States have to facilitate peoples abilities to meet their needs and provide goods or services for those who cannot provide for themselves. This obligation applies also for victims of natural or other disasters.

16 STATE OBLIGATIONS to FULFILL Case Vitacereal, Guatemala - Food crisis in rural areas in Guatemala - State provides Vitacereal for young children - Vitacereal contains gm soy, the children have negative reactions - State should provide adequate aid (food or cash) - Target group did not qualify for other programs (Mi familia progresa)

17 STATE OBLIGATIONS» The obligations to respect and to protect do not require major financial efforts.» The obligation to fulfill requires the investment of resources. Each state party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation ( ) to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant ( ) (Art. 2, ICESCR)

18 Extraterritorial State Obligations (ETO s) Governments must recognize their obligations to respect, protect, and support the fulfillment of the right to food in other countries. (Jean Ziegler 2005) Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights. (Sept. 2011) - Bilateral development cooperation, trade agreements, investment treaties - Multilateral institutions (WB, IMF, WTO) - Private companies, investment funds - Humanitarian aid food aid - Emergencies natural disasters, armed conflicts

19 The FAO Right to Food Guidelines Voluntary Guidelines to support the progressive realization of the right to adequate food in the context of national food security - adopted by the FAO council in 2004, by more than 190 countries - Practical guide for countries to implement and realize the right to food in their countries and to end hunger. 19 guidelines» Legal and institutional frameworks» Pro-poor economic policies reducing inequality» Agricultural and Food Policies access, participation and profit for all social groups especially vulnerable and marginalized groups

20 The FAO Right to Food Guidelines» Nutrition and Food Safety improve diets, food safety standards» Education and Awareness Raising improve education» Social Safety Nets cash or in-kind transfer programmes, unemployment insurance, maternity programmes, food baskets» Emergencies natural and human-made disasters» International measures, actions and commitments

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22 Sources The Universal Declaration of Human Rights: The International Covenant on Civil and Political Rights: The International Covenant on Economic, Social and Cultural Rights: The General Comment Nr. 12 Right to Food: mment_no.12.pdf FAO Right to Food Unit: E-Learning Course

23 Sources UN Fact sheet on the Right to Food FAO Voluntary Guidelines on the Right to Food FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights FIAN Netherlands With financial support of Oxfam Novib and the European Commission