Search Tips
sorted by
300 shown of 1073 entities
Access to justice and the right to food: the way forward
- Body
- Special Rapporteur on the right to food
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2015
- Document code
- A/HRC/28/65
Document
Access to justice and the right to food: the way forward 2015, para. 2
- Paragraph text
- The right to food was first recognized in article 25 of the Universal Declaration of Human Rights. Since then it has been recognized in a number of international instruments, with the International Covenant on Economic, Social and Cultural Rights (hereinafter "the Covenant") representing the most significant treaty on the right to food. The Covenant (to date ratified by 162 States) has been vital in shaping and developing the normative framework on the right to food. The treaty defines the right to food as a distinct and fundamental right to be free from hunger and to have sustainable access to food (art. 11). It outlines specific obligations for all States parties to take measures to progressively attain the full realization of the right to food.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 3
- Paragraph text
- In the wake of the momentum generated by the 1996 World Food Summit, which highlighted the need to further "clarify the content of the right to adequate food and the fundamental right of everyone to be free from hunger", the Committee on Economic, Social and Cultural Rights in 1999 adopted general comment No. 12 on the right to adequate food (hereinafter, "general comment No. 12") which clarifies the implications of three levels of State obligation, including the obligation to respect, protect and fulfil (paras. 14 and 15).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 4
- Paragraph text
- In addition to legally binding treaties, the right to food has also been enunciated in various international standards, the most significant of which are the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security (Right to Food Guidelines). The Right to Food Guidelines were developed as a practical tool for States to assist them in implementing their obligations at the domestic level under article 11 of the Covenant. The year 2014 marked the tenth anniversary of the guidelines and provided an opportunity to evaluate the impact thereof on national implementation. The present report will highlight some examples of good practice in that regard.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 5
- Paragraph text
- While some critics suggest that the voluntary nature of the Right to Food Guidelines limits their usefulness, they were adopted by member States of the Food and Agriculture Organization (FAO) by consensus. States cannot therefore claim to be unaware of or refuse to comply with the guidelines. Over the years, in many formal settings, the Governments have reiterated their commitment to and support for the guidelines.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 6
- Paragraph text
- The interdependence and indivisibility of economic, social and cultural rights and civil and political rights have long been asserted within international law, yet in practice economic, social and cultural rights have typically been relegated to second place within the international framework, with civil and political rights taking centre stage, particularly when it comes to implementation. While the International Covenant on Civil and Political Rights includes an explicit provision requiring States "to develop the possibilities of judicial remedy" (art. 2, para. 3 (b)), no such specific provision is explicitly mentioned in the International Covenant on Economic, Social and Cultural Rights. It should be noted, however, that the Committee has clarified that the obligation under article 2, paragraph 1, of the Covenant to "take steps … by all appropriate means" includes the provision of judicial remedies.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 7
- Paragraph text
- The reluctance of a number of States to recognize that economic, social and cultural rights are justiciable has done much to propagate unfounded misconceptions thereon. Those countries opposed to the justiciability of those rights argue that such a notion may interfere with State sovereignty claiming that it is inappropriate for courts to adjudicate on social and economic policy. There is also a perception that social and economic rights set forth political objectives and are too vague to be enforceable. The suggestion that these rights are resource-dependent and cannot be satisfied where there is a lack of capital, and the idea that these rights only impose positive obligations on States and civil and political rights give rise to negative ones, has also led to resistance from some States.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 8
- Paragraph text
- The justiciability debate continues to provoke controversy at the international level. However despite strong opposition from a number of States an Optional Protocol to the Covenant, establishing an individual complaints procedure, was finally adopted in 2008. Its subsequent entry into force in May 2013 was hailed as "potentially one of the most important developments in human rights protection at the UN level in a generation".
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 9
- Paragraph text
- The Optional Protocol is intended to complement rather than replace national legal systems and should not be considered as the principal means of seeking justice. The Optional Protocol grants individuals, or groups of individuals under the jurisdiction of a State party, the right to submit communications about alleged violations of any economic, social or cultural right to the Committee on Economic, Social and Cultural Rights (art. 2).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 10
- Paragraph text
- Article 2 of the Optional Protocol requires that authors of communications must be under the jurisdiction of the State party responsible for the violation, and that the State must have ratified both the Covenant and the Optional Protocol. However, the Covenant indicates no restriction to territorial jurisdiction and it will remain to be seen whether the cases to be examined under the Optional Protocol concentrate principally on the territorial link.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 11
- Paragraph text
- Victims of violations now have a means of making effective appeals through an international mechanism, once they have exhausted the grievance mechanisms within their own countries, or if there is an excessive delay in processing their claims through national procedures. The Optional Protocol also provides for interim measures for victims in exceptional circumstances in order to prevent irreparable damage to victims (art. 5).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 12
- Paragraph text
- The Optional Protocol also permits States to declare that they recognize the competence of the Committee on Economic, Social and Cultural Rights to review inter-State communications in cases where one State party considers that another State party has failed to fulfil its obligations under the Covenant. The Committee may also have recourse to an inquiry procedure whereby it would consider allegations from reliable sources indicating grave or systematic violations by a State party of any of the rights set forth in the Covenant. While the Covenant does not have a mechanism to enforce decisions, findings and decisions by the Committee can increase awareness and scrutiny of specific violations at the international level. An international peer review mechanism such as the universal periodic review could be employed as a means of highlighting the failure of States to implement decisions under the Covenant.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 13
- Paragraph text
- As outlined above, the right to food was once considered a controversial "positive" right, however recent years have witnessed a paradigm shift in terms of the global discourse on the right to food, with progress in jurisprudence and academic deliberations affirming that the right to food is justiciable. With the ratification of the Covenant, the right to food will have greater publicity, especially when NGOs and individuals start to use various remedies. The right to food is now a right than can be legitimately claimed. Complaint procedures remind governments of their responsibility to respect, protect and fulfil the right to adequate food. The Optional Protocol will be influential in ensuring the implementation of the right to food at the international and national level.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 14
- Paragraph text
- The Right to Food Guidelines have done much to raise awareness and increase recognition of the right to adequate food and nutrition as a human right. They have also been instrumental in promoting the importance of recognizing the right to food in national legal frameworks. Guideline 7, in particular, invites States to initiate constitutional or legislative review to facilitate the progressive realization of the right to adequate food in the context of national food security. States are also advised to envisage "administrative, quasi-judicial and judicial mechanisms to provide adequate, effective and prompt remedies accessible, in particular, to members of vulnerable groups".
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 15
- Paragraph text
- Constitutional provisions and framework laws can be effective means of promoting the progressive realization of the right to food at the domestic level. The adoption of sectoral legislation will ensure that States adequately address various sectors that impact significantly on various dimensions of food security.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 16
- Paragraph text
- Over the last few years, there has been an important increase in the number of States that have adopted provisions containing explicit recognition of the right to food or freedom from hunger. The following section will provide an overview of some recent examples of case law in relation to the justiciability of the right to food at the domestic and regional level.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 17
- Paragraph text
- Latin America has shown itself to be the region of the world that has made the most progress in terms of developing legal frameworks that promote the right to food. With more than eight countries possessing specific laws aimed at promoting and protecting the right to food and a number of bills pending in National Assemblies for consideration, the right to adequate food is also referred to or explicitly recognized in several constitutions, including those of Brazil, Colombia, Cuba, Ecuador, Guatemala, Haiti, Nicaragua and Paraguay. In some cases, the constitutional provisions refer directly to the right to food, and its applicability to the whole population. In other cases, the right is directed at specific groups, while State signatories of the Covenant provide that it be applied directly through the constitution. The following cases are examples of where the right to food has been used as a legal argument to protect social rights.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 18
- Paragraph text
- In a 2013 decision, the Constitutional Chamber of the Supreme Court of El Salvador admitted a habeas corpus writ petition against the penitentiary administration in relation to a claimant in detention suffering from diabetes and hypertension. The applicant argued that the failure to provide him with adequate food and an appropriate diet violated his right to health and physical integrity. While the detainee's petition was rejected on the grounds that medical evidence did not support the claim, the case demonstrates the willingness of the court to consider the protection of economic, Social and cultural rights under habeas corpus procedures. The judgment handed down in this case is significant on two counts: firstly, it demonstrates that all human rights are interconnected and indivisible; and, secondly, even though medical evidence was insufficient, the court makes the connection between those suffering from diabetes and their need for adequate and healthy food, which creates an important precedent for future cases.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 19
- Paragraph text
- Judicial protection of land as a source of livelihood can be seen in judgments by the Constitutional Court of Colombia. One such significant case involves the community of Las Pavas, whose members occupied unused land in 1997 and began farming activities to feed themselves. Over the years, the community had been repeatedly subjected to various forms of intimidation and harassment, including attacks by paramilitary groups and the destruction of crops and food. A formal eviction order was issued in 2009 at the request of two private companies, who claimed ownership of the land. In 2011, the Colombian Constitutional Court delivered its judgment, finding that the actions leading to the eviction of the families of Las Pavas were unlawful and violated the right to a dignified existence, among other rights.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 20
- Paragraph text
- In 2013, a coalition of NGOs Guatemala sin Hambre engaged in strategic litigation to claim the right to food of children suffering from chronic malnutrition and living in conditions of extreme poverty. The judgements were delivered in April 2013 by the Child and Adolescence Court of the Zacapa Department which, based on the facts, found violations of the right to food, the right to life, the right to housing and the right to an adequate standard of living. Specifically with regard to the right to food, the court grounded its reasoning on article 51 of the Constitution, which protects the right to food for children, as well as on article 11 of the Covenant and article 25 of the Universal Declaration. To define the right to food and the obligations that stem from it, the court cited general comment No. 12.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Poverty
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 21
- Paragraph text
- The constitutional jurisprudence of India provides for the justiciability of economic, social and cultural rights based on "the right to life". This constitutional right was central to the case of People's Union for Civil Liberties ("PUCL") v. Union of India. In mid-2001, public food and employment programmes failed to provide food to deprived people in the impoverished and drought-stricken State of Rajasthan. The Supreme Court of India was petitioned by PUCL to compel the Government to respond to the hunger emergency. In response to the submissions, the Supreme Court held that the right to food was enshrined in the Constitution under the right to life provision in article 47, which requires that the State undertake measures to improve the nutritional state of the population. The Court handed down a series of resolutions which commenced in 2001 requiring State governments in India to implement food distribution programmes for the most disadvantaged. The Court's resolution had a considerable impact on the realization of the right to food in India, and provides an example of the influential role played by the judiciary in encouraging a legislative body to develop human rights legislation.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 22
- Paragraph text
- India has led the way, not only at the regional level, but also globally, in terms of developing jurisprudence on economic, social and cultural rights. Its Constitution provides a strong legal framework for the protection and promotion of human rights, with article 47 noting that "States shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties". It has also recently joined a select group of countries that are legally obliged to ensure the distribution of subsidized food grains to its people. With the historic passing of its National Food Security Act in September 2013, India has pledged to provide heavily subsidized food grains to approximately two thirds of its population. The National Food Security Act will amount to the largest food security programme in the world, and aims to reduce malnutrition and improve food security. It also promotes gender-based rights and social inclusion of women, and includes provision for social monitoring and complaint mechanisms. While the Act has received criticism, particularly owing to its failure to address the nutritional aspect, and for placing too much emphasis on public distribution without tackling the root causes of poverty and hunger, the Special Rapporteur commends Indian efforts to address chronic malnutrition, and encourages India to work with relevant stakeholders to tackle any potential gaps that may prevent this innovative approach from achieving its full potential
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 23
- Paragraph text
- The following examples illustrate the positive role played by regional human rights mechanisms. In the case Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya, the Endorois, a primarily pastoralist indigenous community, were removed from their lands by the Government of Kenya to establish a wildlife reserve. The African Commission found Kenya to have violated articles 8, 14, 17, 21 and 22 of the African Charter. The Commission noted that, as a consequence of its removal, the community had been "relegated to semi-arid land", which was unsuitable for pastoralism. The ability to graze animals, a key means of subsistence for the community, had become impossible as a result of loss of their land and this threatened the community's survival.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 24
- Paragraph text
- In its case SERAC v. Nigeria, the African Commission held that the treatment by Nigeria of the Ogoni indigenous community violated the right to food implied in the African Charter. In their statement to the African Commission, the NGOs submitting the claim contended that: "the Nigerian government ... destroyed and threatened Ogoni food sources through a variety of means. The government ... participated in irresponsible oil development that poisoned much of the soil and water upon which Ogoni farming and fishing depended. In their raids on villages, Nigerian security forces have destroyed crops and killed farm animals. The security forces have created a state of terror and insecurity that ... made it impossible for many Ogoni villagers to return to their fields and animals. The destruction of farm lands, rivers, crops and animals created malnutrition and starvation among certain Ogoni communities."
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 25
- Paragraph text
- While on the whole European countries have been more reluctant to accept the justiciability of economic, social and cultural rights, there have been some significant cases. For example, in the 2012 German Federal Constitutional Court judgment 1 BvL 10/10, the court ruled on whether cash benefits for asylum seekers provided by the Asylum Seekers Benefit Act were compatible with its Constitution. The court relied on earlier decisions to reiterate that the State is under an obligation to ensure a "dignified minimum existence", defined as a "comprehensive fundamental rights guarantee" which includes access to food, clothing, household items, housing, heating, hygiene health and social assistance to persons in need. The benefits awarded to the asylum seekers under the law in question were deemed insufficient to guarantee a dignified minimum existence. The court also reaffirmed that benefits must be calculated on the basis of "real and actual needs" and thus be measured realistically. The court noted that the benefits prescribed under the Asylum Seekers Benefit Act had not increased since 1993, even though the cost of living in Germany had risen by 30 per cent in that period. As a result, a number of provisions of the act were declared unconstitutional. The court ordered the enactment of new legislation that would ensure a dignified minimum standard of living and introduced a transitional scheme that would provide higher cash benefits in the interim.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 26
- Paragraph text
- While there has been considerable legislative and judicial progress in many countries throughout the world since the adoption of the Right to Food Guidelines (see A/68/288), examples of cases whereby national courts have actually issued rulings on the regulations relating to the right to food are scarce. The only way that the full realization of the right to adequate food and nutrition can be achieved is by ensuring that the rights of victims are protected. Restrictions on justiciability must therefore be prevented. This section will seek to highlight some of the obstacles that continue to hamper progress in this regard.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 27
- Paragraph text
- A rights-based approach to food security is paramount to ensure that the fundamental right to be free from hunger is upheld, with States obliged to do everything in their power to guarantee that everyone has access at all times to adequate, safe and nutrient-rich food in order to lead healthy lives. Yet, despite the fact that the right to food has been enshrined in international law, many States remain reluctant to recognize it and to constitutionalize it as a basic right with justiciable effect.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 28
- Paragraph text
- While the ratification of the Optional Protocol to the Covenant represented a significant step in terms of ensuring justice for the victims of violations of economic, social and cultural rights, to date only 15 States are currently party thereto, in comparison with 115 parties to the Optional Protocol to the International Covenant on Civil and Political Rights. This in itself is representative of the fact that many States have failed to develop a judicial culture of recognition in practice, or the necessary legal frameworks required to ensure that the rights enshrined in the Covenant, including the right to food, are justiciable. In some countries, it is the case that international human rights conventions are not considered as formal sources of law and, even where they may be incorporated into national law, these rights may not provide criminal punishment or financial compensations, but rather expresses a moral conviction without legal force. In some States, even when justiciable rights are enshrined in the Constitution, there is a reluctance to acknowledge their relevance. There is also certain reluctance at the regional level, with many European States failing to recognize the direct applicability of the Covenant in domestic law. In Africa, the African Commission on Human and Peoples' Rights provides no option for complaints relating to the violation of the right to food.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 29
- Paragraph text
- Accountability at international, regional and national levels is paramount to ensuring that the right to food and its correlative obligations are being implemented. At the domestic level, it is imperative that constitutional principles and framework laws are established as a means of providing an appropriate institutional structure to ensure the progressive realization of the right to food. In some cases, however, even where States have taken the necessary steps to develop framework laws and policies in order to promote the right to food, a lack of political will has prevented implementation and enforcement of these laws.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 30
- Paragraph text
- A lack of awareness of legal rights and entitlements, as well as the State's obligations and duties to protect these rights, is a major barrier to achieving the enjoyment of the full range of rights, including economic, social and cultural rights. General knowledge and understanding of judicial and adjudicatory mechanisms as a means of enforcing basic rights is severely lacking in many countries.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 31
- Paragraph text
- Access to public information in relation to the adoption of new laws or amendments to existing legislation is crucial for ensuring justiciability. States are obliged to ensure that this information is made readily available and easily accessible for everyone without discrimination. Particular effort should be made to disseminate information in a format that is user-appropriate, taking into consideration the individual needs of persons with disabilities, and those with low levels of literacy. Migrants and minority groups should not be prevented from accessing information owing to linguistic barriers, and materials should be adapted accordingly. Logistical and financial barriers should also be addressed by taking into consideration the difficulties faced by those living in remote rural areas and those living in poverty.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 32
- Paragraph text
- Awareness of the right to food and the obligations pertaining thereto need to be heightened amongst rights holders. It is essential that lawyers receive training to enable them to argue effectively for the upholding of the right to adequate food and judges need to acquire the knowledge to grasp and accept such arguments as appropriate. Effective access to legal institutions facilitates the inclusion of marginalized people in the development process, and provides citizens with a means to file actionable grievances against the government for the failure to progressively meet economic, social and cultural rights.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 33
- Paragraph text
- Women, in particular, face significant barriers to accessing justice given their subordinate position in many societies, and the lack of information and knowledge about their rights and the ways to claim their protection. Indeed, women in rural areas often are unaware of their legal rights. In many rural areas, sociocultural norms make women fearful of retribution or ostracism if they pursue land claims or seek protection from violence. As a result, women tend to be denied access to justice more often than men, and are also more likely to be denied justice altogether.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 34
- Paragraph text
- In addition to a lack of awareness of their rights, victims of violations face considerable institutional and structural barriers. For many, particularly for those living in rural and remote areas and peri-urban settings, simply accessing a court is in itself a significant challenge. In many countries, municipal courts do not exist and the legal epicentre is located in the capital only, with logistical and monetary implications for those who live beyond the city. In countries where municipal and subnational mechanisms are available, a lack of affordable and dedicated legal assistance and judicial corruption often hinders access. In cases where rights holders have the means to submit a case, often ordinary courts, which are more accessible for families facing food security, are unaware of the issue - with the right to food not considered as related to other citizen's rights. Complex and inflexible court systems also have a significant impact on victims, often requiring a high burden of proof for applicants. Some courts may also be averse to accepting collective, or public interest mechanisms or innovative fact-gathering or remedial procedures. In such cases, victims are dissuaded from submitting claims. Some countries, however, have tackled the problem by establishing public interest litigation procedures that authorize individual and collective claims.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Families
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 35
- Paragraph text
- The role played by judges also has a significant impact on the judicial interpretation of economic, social and cultural rights. In many countries, it is often the case that judges based outside of urban area have little knowledge of human rights law, and are therefore less inclined to consider international standards when making a judgement. The reliance of the judiciary on the State for its legitimacy and the appointment of judges also has considerable influence over the decision-making process, with historical relations between the State and the judiciary often coming into play.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 36
- Paragraph text
- Ensuring justiciability of the right to food is also hindered by the fact that individual cases often end up stagnating within the court system amidst protracted, costly and bureaucratic proceedings, while in some instances collective cases influenced by politically motivated activities take precedence and serve as sensationalist media fodder. As a result, many cases have been neglected with no follow-up.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 37
- Paragraph text
- Quasi-judicial bodies, such as ombudspersons, have the potential to consider cases of human rights violations. However, more often than not, they tend to focus solely on civil and political rights, with few having taken the necessary steps to introduce complaint mechanisms for economic, social and cultural rights. A general lack of awareness by affected populations that such a mechanism for filing a grievance exists has also done little to encourage applications. However there are some examples of progress in this regard, such as the Ombudsman's Office in Ecuador that took the initiative and established a unit for economic, social and cultural rights, while the Procuradoria for Human Rights in Guatemala has been submitting reports on the right to food since 2007, in line with its Food and Nutrition Security Law of 2005.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 38
- Paragraph text
- The universality of human rights has been the underlying inspiration for all human rights law and standards. While much emphasis has been placed on achieving the universal acceptance of the content of rights, less attention has been given to attaining universality as to the content of obligations. Economic globalization and the increasing involvement of corporate entities in State affairs have challenged the traditional understanding of territoriality of human rights. The powerful influence of transnational corporations (TNCs) and international financial institutions (IFIs) has led to a marked change in the way in which the principles of territoriality intersect with international human rights standards.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 39
- Paragraph text
- Within the food and agriculture sector, approximately ten corporations control and monopolize the commercial seed and global pesticide markets, as well as food retailers. In addition to their financial power, TNCs significantly influence law and policymaking processes both at the international and national level. Similarly, IFIs exercise considerable influence over national decision-making in relation to food and agricultural policies. Many developing countries are compelled to implement projects that jeopardize economic, social, and cultural rights in return for economic and financial aid. In recent decades, there have been significant efforts to alter the policy approach undertaken by IFIs, especially the World Bank, in relation to supporting development projects that have a harmful effect on human rights and the environment. Moreover, bilateral, and regional foreign trade agreements have facilitated the privatization, deregulation and growth of extractive industries around the globe, a development that has had significant impacts on food security and health. Globalization has highlighted and exacerbated socioeconomic disparities throughout the world, with the result that global social inequality is not only expressed in terms of inter-State justice, but as implicating human rights obligations as well. States are
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 40
- Paragraph text
- often placed in a precarious situation as a result of dubious corporate activities. Developing countries are particularly vulnerable, as in an attempt to attract foreign investors they accept trade rules that adversely impact agricultural policies and follow growth-oriented economic policies to achieve short-term political and budgetary benefits.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 41
- Paragraph text
- Development-induced displacement is an increasingly widespread phenomenon with devastating impact. An estimated 15 million people each year are forced to relocate and resettle as a result of such interventions. Despite some of the more recent efforts to highlight land dispossession, as yet global institutions have been unable to discourage the practices and processes that undermine land rights, prevent equitable access and establish the context for large and small-scale displacements. The expanding mining sector has contributed to strong economic growth in some countries, with mining and oil concessions dramatically increasing in countries. The industry has however also generated social conflict in many States, particularly in rural areas, with mining activities coming into direct competition with small-scale agriculture. Indigenous peoples are particularly vulnerable as they are often forced to leave their land and sources of livelihood. A lack of engagement and opportunities for participation in decisions that affect their lives has left many communities in situations of dire poverty and without access to adequate food and nutrition.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Movement
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 42
- Paragraph text
- In recent years the scope of a State's human rights obligations has progressively evolved to include duties to exercise jurisdiction over activities that are connected to one State but have an impact in another. In principle, corporations can also be held accountable either by States responsible for regulating, monitoring and preventing human rights violations; or through intergovernmental instruments or voluntary codes of conduct.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 43
- Paragraph text
- Although international human rights law presupposes the consent of a State to establish an obligation, the evolution of human rights has included the extension of duties under international law directly to non-State actors, including individuals and business enterprises.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 44
- Paragraph text
- States should ensure that their policies and practices do not lead to violations of the right to food, either directly or indirectly, for people living in other countries, as well as their own citizens. This obligation is simply the extension of the "no harm" principle of States in international law. The extraterritorial obligations of States in relation to the right to food are referred to in general comment No. 12 which notes that "food should never be used as an instrument of political and economic pressure". States should therefore refrain from implementing food embargoes or similar measures that endanger conditions for food production and water supply, and access to goods and services essential for securing the right to food. Similarly IFIs should also refrain from taking decisions that could lead to potential violations of the right to food in other countries. As multi-State actors, IFIs should be held accountable for human rights violations by other member States that have ratified the Covenant.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 45
- Paragraph text
- The majority of extraterritorial cases derive from the host States failure to fulfil its obligation to protect where private companies are impacting upon human rights. While home States of companies operating abroad have an obligation to clearly set out the expectation that such companies respect human rights throughout their operations, it is the host States which have the primary responsibility to prevent human rights violations, including by TNCs operating within its jurisdiction. However, agreements between TNCs and host governments often limit the host State's ability to perform these duties. Indeed some States have even taken retrogressive steps in this regard. A recent study indicates that some jurisdictions have formulated laws that effectively shield business from being held accountable for human rights violation and make it difficult for victims to obtain an effective remedy. In some instances, States themselves may have been complicit in perpetrating violations. In many cases, however, TNCs also impact positively on a country's development, the political relevance of which can significantly influence the judicial process.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 46
- Paragraph text
- Implementing national legislation is essential to ensuring that States hold TNCs accountable abroad. Indeed, member countries of the Organisation for Economic Co-operation and Development (OECD) have already made voluntary commitments in this regard by developing a code of conduct. The European Union has also developed a resolution for European corporations operating in developing countries. Under international law, however, States are generally not liable for the conduct of non-State actors, unless the non-State actors are de facto agents of the State, or were acting "on the instructions of, or under the direction or control of, that State in carrying out the [wrongful] conduct". To date, there is no international jurisprudence on the issue of home State accountability for TNC actions.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 47
- Paragraph text
- Some States have failed to take vigorous steps to ensure that victims have access to judicial remedies for human rights abuses that have arisen extraterritorially owing to the activities of businesses or their subsidiaries. By creating or allowing these obstacles and barriers to remain, States have failed in their duty to protect human rights by ensuring access to effective remedy through the judicial process.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 48
- Paragraph text
- International obligations with extraterritorial dimensions are enunciated in a number of international treaties that emphasize the importance of international cooperation among States to ensure the protection of human rights. At the same time, international human rights instruments refer to how non-State actors have duties to uphold human rights standards. For example, the Universal Declaration of Human Rights states in its preamble - and binding provisions in universal and regional human rights documents also indicate - duties for private actors, while the Guiding Principles on Business and Human Rights (A/HRC/17/31), endorsed by the Human Rights Council in its resolution 17/4 in 2011, elaborate on the responsibility of business enterprises to respect human rights.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 49
- Paragraph text
- Another consideration supporting the necessity of extraterritoriality is the principle of non-discrimination. It is a fundamental part of human rights law, and the logical extension of the universality principle. If States are able to treat individuals in other countries differently from the way they may treat individuals in their own territory, this is discriminatory practice and goes against the principles of universality of rights enjoyment.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 50
- Paragraph text
- The application of extraterritorial obligations is supported indirectly by the International Court of Justice, in its advisory opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. The Court observed that: "while the jurisdiction of States is primarily territorial, it may sometimes be exercised outside the national territory". At the regional level the American Convention on Human Rights extends to persons "subject to [the] jurisdiction" of the State party, and the Inter-American Commission on Human Rights held that in relation to the American Convention, "jurisdiction [is] a notion linked to authority and effective control, and not merely to territorial boundaries". The European Court of Human Rights has also indicated that "as an exception to the principle of territoriality, a Contracting State's jurisdiction under article 1 may extend to acts of its authorities which produce effects outside its own territory".
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 51
- Paragraph text
- There are a number of cases involving TNCs and right to food violations at the domestic level; however, in many of these cases, claims are either based on tort or criminal law rather than human rights legislation, or decisions focus on the involvement of the Government in the violation of rights, and not the company. The case against Nigeria submitted through the African Commission on Human Rights is an example thereof. Another example is the case brought to the Inter-American Commission on Human Rights on behalf of indigenous Guarani people living in the Oriente region in Ecuador against the oil exploitation activities by their own Government and Texaco.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 52
- Paragraph text
- There are many relevant domestic court decisions in Brazil, India, Namibia, South Africa and Uganda. Examples can be found also from Australia, Canada and the United Kingdom of Great Britain and Northern Ireland in which TNCs were held responsible under tort law for complicity in human rights violations abroad. In the United States of America, under the Alien Tort Claims Act, TNCs can be held accountable for complicity in the violation of human rights outside of the United States. However, in 2013 the United States Supreme Court in Kiobel v. Royal Dutch Petroleum case created a most significant barrier to accessing judicial remedies for human rights violations that occur in a host State.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 53
- Paragraph text
- In the European Union, the notion of extraterritorial jurisdiction is not as problematic when businesses are domiciled in the European Union. The situation in Switzerland is similar. Barriers exist across all jurisdictions, despite differences in legislation, the approaches of courts, human rights protections at the national level and legal traditions. These barriers have been overcome in only some instances and, in those cases, usually as a result of innovative approaches adopted by lawyers, the patience of victims and responses by perceptive judges.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 54
- Paragraph text
- If TNC activities are criminally justiciable and reasonable compensation is enforceable, the issue of extraterritoriality may not arise. However, in cases of indirect violations of the right to food, for instance by way of voluntary displacement or not being able to farm because of a lack of access to necessary resources such as water because of privatization, or seeds because of a monopoly by TNCs, human rights adjudication becomes vital. Consequently, such remedies should provide enforceable compensation and restitution. The remedies currently available for individuals whose economic, social and cultural rights are violated are somewhat limited. Considerable improvements in this regard are essential for cases involving violations of the right to food to be protected from violations committed by foreign and national actors.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 55
- Paragraph text
- In relation to IFIs, private dispute mechanisms have been developed, including the establishment of an ombudsperson for international finance corporations, as have complaint mechanisms, such as the World Bank's International Centre for Settlement of Investment Disputes (ICSID) and the contact point procedure under the OECD Guidelines for Multinational Enterprises. Under these mechanisms ICSID States and private actors are on an equal footing. The flip side is that corporations are in a position to sue governments.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 56
- Paragraph text
- Developing countries are increasingly subject to dispute procedures brought by private companies. For example, high water prices and poor water quality following the privatization of the water supply in the Bolivian town of Cochabamba, culminated in protests against Aguas de Tunari, a subsidiary of the United States firm Bechtel. The Government succumbed to public pressure and reversed the decision to privatize, which prompted the company to bring the Government before ICSID. The case posed the fundamental question of whether the property rights of the company could trump the rights to food and to access water and sanitation. In the end, civil society pressure led to a settlement and, as a result, Bolivian water laws were amended with the 2009 Constitution guaranteeing the right to access to water.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Water & Sanitation
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 57
- Paragraph text
- Other examples include a lawsuit brought by the Oceana Gold mining company against El Salvador through ICSID for US$301 million for failure to grant a mining permit. It was alleged that the project posed a risk to the country's livelihood. Having failed to change the domestic law to relax regulation, the company initiated arbitration measures to pressure El Salvador into paying for lost exploration costs and future profits. These cases demonstrate how intervention is necessary to prevent democratic rights from being undermined by global norms.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 58
- Paragraph text
- In recent years, the human rights violations perpetrated by private actors, including those committed by TNCs, have been subject to several Permanent Peoples' Tribunals. Of particular relevance to the right to food are the tribunals on: Agrochemical Transnational Corporations (2001), Neoliberal Policies and European Transnationals in Latin America and the Caribbean (2008), the Role of Transnationals Corporations in Columbia (2006-2008), and Global Corporations and Human Wrongs (2000). Permanent Peoples' Tribunals are only beneficial in raising public awareness of human rights abuses that otherwise cannot be heard. They offer no legal remedy, but are important politically.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 59
- Paragraph text
- United Nations treaty bodies and special procedures have addressed extraterritorial human rights issues in their various reports, including for the universal periodic review and general comments. According to a recent report from the International Network for Economic, Social and Cultural Rights, in the last seven years the various mechanisms of OHCHR have touched upon extraterritorial obligations some 26 times. In so doing, these bodies have played an important role in developing and consolidating an understanding of how to apply the concepts of jurisdiction to the actions and omissions of States. They expressed their concerns and made recommendations on a number of issues addressing extraterritorial obligations, especially on the human rights impact of the exploitation of natural resources in third countries and the role of TNCs in large-scale development projects with respect to forced land evictions, all of which impact directly on the right to food.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 60
- Paragraph text
- General comments do not establish legal obligations, but elaborate on the practical implications of those obligations. The treaty bodies, however, have legally binding powers. In February 2013, the Committee of the Rights of the Child adopted general comment No. 16 (2013) on State obligations regarding the impact of the business sector on children's rights to elaborate on the practical implications of those obligations. The Committee also noted that the existing instruments and guidance did not sufficiently address the particular situation and needs of children. The treaty bodies have also contributed to the protection of the rights of groups such as indigenous people and small-scale farmers, whose rights are routinely disregarded by foreign States and private actors based in third countries. Moreover, in recent years a number special procedure mandate holders have sent various communications to States concerning the application of extraterritorial obligations, especially in cases involving allegations of corporate abuse of human rights in host States.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Children
- Ethnic minorities
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 61
- Paragraph text
- Recent years have witnessed various attempts to regulate the impact of business activities on human rights outside of the territorial boundaries of the home State. Notably the Guiding Principles on Business and Human Rights (2011) underlined that States "should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations" and clarified the responsibility of TNCs and other business enterprises to respect human rights. Similarly The United Nations Global Compact (2000) urges TNCs to respect workers' rights and human rights; and the OECD Guidelines call on enterprises to respect human rights. In 2011, a group of experts in international law and human rights adopted the Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights, which provide that States are responsible for violations of economic, social and cultural rights by non-State actors, including corporations in cases where these non-State actors act under the instructions or direct control of the State, or are empowered by the State to exercise elements of governmental authority.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 62
- Paragraph text
- The Guiding Principles are considered the most authoritative statement of the human rights responsibilities of corporations and corresponding State duties adopted at the United Nations level. The Guiding Principles offer a noncommittal voice on extraterritoriality but are rapidly developing and cited in established international standards, such as the revised version of the 2011 OECD Guidelines for Multinational Enterprises and the updated International Finance Corporation Performance Standards; the European Union has also cited the Guiding Principles in its latest Corporate Social Responsibility strategy, and many national governments are recognizing the need to regulate in the area of business and human rights. These rules that place obligations on corporations can develop out of the complex interplay between various States and non-State systems and this multidimensional aspects give them legitimacy.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 63
- Paragraph text
- The OECD guidelines' implementation mechanism, the "National Contact Points", emphasize due diligence responsibility for human rights. There have been more than 100 cases to date, in which different human rights organizations had approached the National Contact Points alleging violations of the guidelines by corporations and thus violations of human rights law. The Maastricht Principles are also an example of progressive development efforts of international law. A range of academic experts and non-governmental organizations endorsed the Maastricht Principles in September 2011, and they have been acknowledged in paragraph 61 of the Guiding Principles on Extreme Poverty and Human Rights, which were adopted by consensus by the Human Rights Council (resolution 21/11) in September 2012.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 64
- Paragraph text
- All of these mechanisms have the common of preventing and addressing human rights abuse by business enterprises but fail to provide sufficient monitoring mechanisms. The voluntary nature of soft law instruments is generally not sufficient to protect human rights and thus fails to close the existing "accountability gap" of extraterritorial responsibilities. However, one should not be too quick to rule out categorically the legal applicability of such declarations just because they are of a voluntary nature. Law is not limited to what States set forth. Legal norms can also be formed in society. To treat the concept of law as being entirely dependent on the State is to overlook the unique nature of social norms.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 65
- Paragraph text
- The legally binding nature of voluntary rules may also emerge with the help of national law. Voluntary standards can often be enforced in accordance with competition or consumer laws, where they include relevant representations to the consumer. Thus, a corporation's non-adherence to its own codes can be enforced before courts in the country of the corporation's headquarters.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 66
- Paragraph text
- Transnational campaigns by civil society are also important in developing good practice. For example, Oxfam's "Behind the Brands" campaign called upon TNCs to stop land grabbing. As a result PepsiCo, Coca-Cola and Nestle responded by committing to a "zero tolerance" policy within their supply chains in relation to land grabbing and protecting the land rights of rural and indigenous communities. These are important victories, yet monitoring and proper enforcement by the companies is essential to ensure that these committments are upheld.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 67
- Paragraph text
- The question of accountability in relation to TNCs and IFIs is still a grey area in international law. However, there has been significant progress on the part of some States, human rights organizations, and even some TNCs in developing guidelines to ensure the protection of human rights and the environment. Providing a uniformly enforced regulatory framework may actually encourage foreign investment in developing countries by levelling the business playing field for ethical corporations. Some companies have begun to recognize the merits of operating under enforceable standards that apply to all their competitors, rather than voluntary standards that only really influence companies with prominent public profiles.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 68
- Paragraph text
- Following the unanimous adoption of the Guiding Principles on Business and Human Rights in June 2011, the Human Rights Council subsequently called on all Member States in June 2014 to develop national action plans to further the implementation of the Guiding Principles within their respective national contexts. This development followed similar requests to Member States made by the European Union in 2011 and 2012 and Council of Europe in 2014. However, as of 1 December 2014, only six States have developed and published NAPs on business and human rights: Denmark, Italy, the Netherlands, Spain and the United Kingdom. At the same time, a number of other governments have begun the process of developing national action plans on business and human rights or have publicly announced an intention to do so. The Special Rapporteur congratulates those States which have developed plans and encourages others to do so as a matter of priority. In order to encourage more States, business enterprises and civil society actors to engage in the process, the Working Group on Business and Human Rights on 1 December launched its guidance on national action plans.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 69
- Paragraph text
- In June 2014, the Human Rights Council decided to establish an open-ended intergovernmental working group with a mandate "to elaborate an international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises" (resolution 26/9). It was decided that the open-ended intergovernmental working group would hold its first session in 2015 "to collect inputs … on possible principles, scope and elements of such an international instrument" and that the Chairperson-Rapporteur of the working group should prepare elements for the draft instrument for substantive negotiations at the commencement of the working group's third session.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 70
- Paragraph text
- The Special Rapporteur's predecessor, Olivier De Schutter, in a statement of March 2014 underlined that international human rights law has already gone a long way towards recognizing duties of States to regulate the activities of corporations, and that the negotiation of a new legally binding instrument is one among many alternative ways through which the fight against impunity for human rights violations could be further strengthened. He also suggested that States cooperate with one another in order to ensure that victims are provided with effective remedies in transnational cases. The Special Rapporteur supports the recommendations made by her predecessor and urges States to consider bringing his proposals to the Human Rights Council for further clarification on the States' obligation in relation to non-regulatory means; to identify best practices regarding cooperation between States; and for the adoption of a resolution to draw attention to the Maastricht Principles. The Special Rapporteur recommends that the Human Rights Council establish a mechanism to explore the feasibility of seeking an advisory opinion from the International Court of Justice to determine the legal obligations associated with the extraterritorial implementation of the right to food. The advisory opinion of the Court would itself have no legally binding effect, however, as the highest international court, it has an interpretative authority with respect to particular legal questions. Legal clarification would increase the influence of voluntary regulatory efforts having the goal of reaching legally binding agreements.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 71
- Paragraph text
- The question of justiciability of economic, social and cultural rights has long been debated in the international sphere. States have been reluctant to allow for individual complaint procedures before the Covenant. All human rights are indivisible, and should be protected as such. Economic, social and cultural rights are more than mere aspirations, they are necessary conditions for the stability of the democratic order, and economic power must be subject to democratic control. The newly ratified Optional Protocol is an effort to equalize and operationalize those two categories of rights and empower the justiciability of the economic, social and cultural rights. The Special Rapporteur intends to work closely with civil society and States to promote ratification and use of the Optional Protocol and bring violations to the attention of the Committee on Economic, Social and Cultural Rights as a practical means of eradicating hunger and promoting the right to adequate food. The Optional Protocol has the potential to contextualize and operationalize the right to food at international and national levels. However, we should not be complacent as much remains to be done beyond the scope of the Optional Protocol. Wealthy States not only have moral obligations to address poverty and hunger beyond their borders, they are also legally obliged to do so under international law. International cooperation and development assistance must become the legal norm in an increasingly global world. Despite established duties in a number of human rights documents and voluntary principles, significant barriers and loopholes exist in relation to the extraterritorial application of States obligations in human rights law. A coordinated international response is essential in order to maintain international peace and security and to ensure protection of the most vulnerable in times of economic globalization.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72a
- Paragraph text
- [The Special Rapporteur recommends that States:] For those that have not already done so, ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights as a matter of priority;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72b
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensure recognition of the justiciability of the right to food by judicial and quasi-judicial bodies at the national, regional and international levels;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72c
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensure renewed political commitment to the progressive realization of the right to adequate food by adopting policies, constitutional principles and framework laws that provides an appropriate institutional structure; and sectoral legislation addressing various sectors that impact significantly on levels of food security in this regard;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72d
- Paragraph text
- [The Special Rapporteur recommends that States:] Provide mechanisms that offer adequate, effective and timely remedies in cases of violations of the right to food, in particular to groups such as communities living in remote rural areas, communities living in situations of extreme poverty, persons with disabilities and indigenous communities, either through collective or public interest remedies;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72e
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensure the empowerment of women by guaranteeing their basic right to access adequate food and take steps to implement gender-mainstreaming in relation to domestic policies on agricultural, property and inheritance rights;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Gender
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72f
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensure that everyone, without discrimination, is afforded access to social protection as a means of offering economic, social, and cultural rights;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72g
- Paragraph text
- [The Special Rapporteur recommends that States:] Cooperate with civil society organizations to organize training programmes for rights holders and duty bearers in order to operationalize the justiciability of the right to food;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72h
- Paragraph text
- [The Special Rapporteur recommends that States:] Develop awareness-raising campaigns to ensure that rights holders have access to information pertaining to the right to food and the obligations pertaining thereto;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72i
- Paragraph text
- [The Special Rapporteur recommends that States:] Ensure policy coherence when implementing national food strategies, paying particular attention to the correlation between trade and investment policies, and economic development plans;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72j
- Paragraph text
- [The Special Rapporteur recommends that States:] Develop the necessary legal structure in order to protect resources directly related to the right to access adequate and nutritious food, such as water sources, access to land and seed production;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72k
- Paragraph text
- [The Special Rapporteur recommends that States:] Enable further clarification on States' extraterritorial obligations in relation to non-regulatory means; identify best practices regarding cooperation between States; and adopt within the Human Rights Council a resolution to draw attention to the Maastricht Principles;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to justice and the right to food: the way forward 2015, para. 72l
- Paragraph text
- [The Special Rapporteur recommends that States:] Consider requesting an advisory opinion from the International Court of Justice to determine the legal obligations relating to the extraterritorial implementation of the right to food.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Access to land and the right to food
- Body
- Special Rapporteur on the right to food
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2010
- Document code
- A/65/281
Document
Access to land and the right to food 2010, para. 1
- Paragraph text
- One billion people are hungry today. For the vast majority - smallholders or agricultural workers, herders, artisanal fisherfolk and members of indigenous communities - access to land is a condition for the achievement of a decent standard of living. The reason why approximately 500 million people depending on small-scale agriculture are hungry is not only that the price they receive for their crops is too low and they are less competitive than larger production units, but also that they cultivate plots that are often very small - which makes the vast majority of them net food buyers - and they are often relegated to soils that are arid, hilly or without irrigation as they compete against larger productive units for access to land and water. Whether because small-scale farming has become non-viable or because they have been expelled from the land in the absence of effective security of tenure, many such farmers become agricultural workers on large-scale plantations, where they are often paid lower than subsistence wages and left without social or legal protection. Artisanal fisherfolk pastoralists and agro-pastoralists now face a similar threat: as land becomes scarcer, they increasingly risk being excluded from the fishing and grazing grounds on which they have been able to rely for generations. And the precarious position of indigenous peoples and forest-dwelling populations may be attributed in particular to the increased pressure on the forests on which they depend for their livelihoods.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 2
- Paragraph text
- Access to land is thus closely related to the right to adequate food, as recognized under article 25 of the Universal Declaration of Human Rights and article 11 of the International Covenant on Economic, Social and Cultural Rights. The right to food requires that each individual, alone or in community with others, have physical and economic access at all times to adequate food or means for its procurement. States may be under an obligation to provide food where "an individual or group is unable, for reasons beyond their control, to enjoy the right to adequate food by the means at their disposal". Primarily, however, the right to food requires that States refrain from taking measures that may deprive individuals of access to productive resources on which they depend when they produce food for themselves (the obligation to respect), that they protect such access from encroachment by other private parties (the obligation to protect) and that they seek to strengthen people's access to and utilization of resources and means to ensure their livelihoods, including food security (the obligation to fulfil).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 3
- Paragraph text
- For some of the groups that are the most vulnerable today, this means protecting existing access to land, water, grazing or fishing grounds, or forests, all of which may be productive resources essential for a decent livelihood. In such cases, as detailed below, the right to food may complement the protection of the right to property or of indigenous peoples' relationship with their lands, territories, and resources. In other cases, because landlessness is a cause of particular vulnerability, the obligation of the State goes further: it is to strengthen such access or make it possible - for example, through redistributive programmes that may in turn result in restrictions on others' right to property. This obligation of States is especially clear in cases in which the members of such groups have no alternative means of producing food or gaining sufficient income to purchase food that is sufficient, adequate and culturally acceptable.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 4
- Paragraph text
- Access to land and security of tenure are essential to ensure the enjoyment of not only the right to food, but also other human rights, including the right to work (for landless peasants) and the right to housing. This fact led the former Special Rapporteur on the right to adequate housing to conclude that the Human Rights Council should "ensure the recognition in international human rights law of land as a human right". The present report confirms that conclusion, while taking the right to food as its departure point. It describes the increasing pressures on land. It then discusses the right of land users to be protected in terms of their existing access to natural resources, particularly land. It also argues in favour of ensuring more equitable access to land.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 5
- Paragraph text
- The conclusions presented in the present report are based on civil society consultations held in Bamako from 8 to 10 December 2009, in Kuala Lumpur on 23 and 24 March 2010, and in Chennai, India, on 28 and 29 March 2010. They also result from the analysis of 117 cases sent to the Special Rapporteur by non governmental organizations following a public appeal made by the Special Rapporteur on 15 December 2009. The Special Rapporteur expresses his deep gratitude to the Governments that responded to a questionnaire sent on 4 March 2010, including Albania, Belarus, Bolivia (Plurinational State of), Bosnia and Herzegovina, Brazil, Cameroon, Canada, Colombia, Georgia, Germany, Guyana, Jordan, Kazakhstan, Malawi, Mexico, Montenegro, Norway, Oman, Peru, the Republic of Moldova, Saudi Arabia, the Syrian Arab Republic, Switzerland, Turkmenistan, the United Kingdom of Great Britain and Northern Ireland, and Uruguay. The Special Rapporteur also benefited from expert briefs prepared at his request. Finally, the report takes into account a lesson that can be drawn from the communications sent to Governments or non-governmental entities by the Special Rapporteur and his predecessor: during the period from 2003 to 2009, as an indication of the importance of the issue of land with respect to the right to food, 115 of the 183 communications sent by the mandate-holders concerned rights related to the use of land and the right to food.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 6
- Paragraph text
- The pressures on land are increasing dramatically. As rural populations grow, plots cultivated are becoming smaller per capita and per household. In India, the average landholding size fell from 2.6 hectares in 1960 to 1.4 hectares in 2000 and continues to decline; similar evolutions have been documented in Bangladesh, the Philippines and Thailand, where the decline in the average farm size is combined with an increase in landlessness. The trend is not limited to the Asian region. In Eastern and Southern Africa, the amount of cultivated land per capita declined by half over the past generation, and in a number of countries the average cultivated area now amounts to less than 0.3 hectares per capita. This phenomenon is compounded by erosion and soil depletion: worldwide, 5 million to 10 million hectares of agricultural land are being lost annually to severe degradation. And it would be difficult to expand the areas under cultivation to the degree required to accommodate the growth of rural populations, since forests have a major role in storing carbon and deforestation is already a major contributor to greenhouse gas emissions.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 7
- Paragraph text
- These long-term trends have been exacerbated in recent years by policies that have further increased the pressures on farmland. In many regions, under export-driven agricultural policies, large-scale plantations have developed for the production of food, energy or cash crops. While the tendency towards land concentration has resulted primarily from a dominant model of agricultural development that rewards the most mechanized and capital-intensive farms, it has also been encouraged by the expansion of long supply chains. This has generally favoured large agricultural producers, which are better connected to markets and can more easily produce the volumes and meet the standards required for export. The competition among various uses of farmland has recently been increased by policies favouring the switch to biofuels in transport, which leads to competing resource claims on the part of local resource users, Governments and incoming agrofuel producers, creating the risk that poorer groups will lose access to the land on which they depend. A recent inventory by the World Bank listing 389 large-scale acquisitions or long-term leases of land in 80 countries shows that, while 37 per cent of the so-called investment projects are intended to produce food (crops and livestock), agrofuels represent 35 per cent of such projects. For all these reasons, the Special Rapporteur has insisted that investments implying a shift in land rights should be treated with great caution. At the thirty-sixth session of the Committee on World Food Security, he will detail both the risks of large-scale land investments and possible alternative business models.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 8
- Paragraph text
- Measures adopted with a view to climate change mitigation or environmental conservation, which have placed priority on technological and market-based solutions over the deconcentration of land in order to encourage more sustainable land uses, have created further conflicts with the rights of land users. Under the clean development mechanism provided for in article 12 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, annex I (industrialized) countries that have committed to reducing greenhouse gas emissions receive additional emission credits if they help to implement emissions-reducing projects in developing countries. However, the planting of forests in order to benefit from the mechanism may result in evictions, against which the local populations concerned may be insufficiently protected. The REDD (Reducing Emissions from Deforestation and Forest Degradation) scheme, launched in 2005 and strengthened at the 13th Conference of the Parties to the United Nations Framework Convention on Climate Change, convened in Bali in December 2007, may represent a threat to forest dwellers, whose customary rights over the forests on which they depend for their livelihoods are not widely recognized, if the State or other actors are tempted to appropriate the benefits derived from carbon sequestration. Governments are also working to protect natural environments by creating wildlife reserves, national parks and other protected areas. Ecosystems perform vital services for agriculture, including support of the soil structure and soil retention, nutrient cycling, dung burial and pest control, pollination, water provision and purification, biodiversity and atmospheric regulation. However, the implementation of conservation measures, including land-use planning, should take into account the right to food of people who depend on the land for their livelihoods.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 9
- Paragraph text
- Industrial uses of land and urbanization have also increased in recent years, further heightening the competition: 19.5 million hectares of farmland are converted annually into land for industrial and real estate development. Researchers have documented cases in which farmers' lands have been expropriated for mining projects or for the building of industrial plants, in conditions amounting to forced eviction with no or insufficient compensation. In certain regions, the expansion of industrial areas has taken the form of the establishment of special economic zones aimed at creating conditions favourable for the arrival of foreign investors. Large infrastructure projects such as dams and highways have also had an important impact, and a significant proportion of the communications sent to Governments by the Special Rapporteur during the period from 2003 to 2009 relates to evictions for such projects.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 10
- Paragraph text
- The pressures referred to above exacerbate conflicts over land and lead to a worrisome criminalization of social movements aimed at carrying out agrarian reforms "from below", including by claiming land that is unused and, in their view, should be distributed more equitably. As a result, serious violations of a range of human rights occur, including murders of peasants connected to such activities, which the Special Rapporteur has documented in a number of communications to States. But the increased pressures on land are also a source of concern because of the weak protection of those who depend most on the land for their survival: smallholders, traditional fisherfolk, pastoralists and peoples (including indigenous and tribal peoples) that rely on the products of the forest. The present report first addresses the situation of indigenous peoples, which is specific insofar as the right of such peoples to have their lands demarcated and protected is recognized under international law. It then considers the position of smallholders, who cultivate the land in conditions that are often insufficiently secure, and that of other land users, such as fisherfolk, pastoralists and herders, who are particularly dependent on commons. The key message is that, while security of tenure is important and should be seen as crucial to the realization of the right to food, individual titling and the creation of a market for land rights may not be the most appropriate means to achieve it.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 11
- Paragraph text
- Indigenous peoples are increasingly victims of the exploitation of natural resources on their lands, which are often regarded as belonging to the State. The demarcation of their lands and territories is a lengthy process that includes many obstacles. Participation is generally lacking. Yet, International Labour Organization (ILO) Convention No. 169, concerning indigenous and tribal peoples in independent countries, which entered into force in 1991, provides for a number of guarantees related to land. Although the Convention has been insufficiently ratified, that has been compensated for in part through the adoption on 13 September 2007 by the General Assembly, in its resolution 61/295, of the Declaration on the Rights of Indigenous Peoples, which contributes to the formation of international customary law on this issue. The Declaration provides, in its article 8 (2) (b), that States should prohibit "any action which has the aim or effect of dispossessing [indigenous peoples] of their lands, territories or resources", a requirement that replicates article 18 of ILO Convention No. 169. It also prohibits, in its article 10, any forcible removal of indigenous peoples from their lands or territories, imposing the requirements of free, prior and informed consent, agreement on just and fair compensation and, where possible, the option of return (for relocations).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 12
- Paragraph text
- In addition, the right of all peoples to freely dispose of their natural wealth and resources - as provided for in article 1 of the International Covenant on Economic, Social and Cultural Rights of 16 December 1966 and in article 1 of the International Covenant on Civil and Political Rights of 16 December 1966 - entails the protection of indigenous peoples from certain forms of dispossession from their territories or from the resources on which they depend. Article 5 (d) (v) of the International Convention on the Elimination of All Forms of Racial Discrimination also protects the right of indigenous communities to their lands. And the right of indigenous peoples to the official recognition and registration of their territories has been affirmed under relevant regional human rights instruments. The Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights consider that indigenous people's traditional possession of their lands has effects equivalent to those of a State-granted full property title: therefore, where members of indigenous peoples have unwillingly lost possession of their lands after a lawful transfer to innocent third parties, they are entitled to the restitution thereof or to obtain other lands of equal extension and quality. The right of indigenous communities to their lands includes the right to the natural resources contained therein. Property, as protected under article 21 of the American Convention on Human Rights, is considered to constitute a collective right of indigenous people, since land ownership is often centred not on the individual, but rather on the group and its community. Thus, States may have to recognize the customary systems of land tenure that protect communal property rights - for example, by giving the community a right to veto the alienation of its land by one of its constituent members, whether an individual or a clan, village or tribe.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 13
- Paragraph text
- International human rights law protects the relationship of indigenous communities with their lands, territories and resources by requiring States to demarcate such land, protect it from encroachment and respect the right of the communities concerned to manage it according to their internal modes of organization. Although sometimes those guarantees seem to be honoured more in the breach than in the observance, case law shows that use rights derived from customary tenure can be recognized and protected by the legal system; it also shows that the right to communal property - a right of the community rather than of the individual - is an alternative to individual property rights. On both counts, it can serve as a source of inspiration, in order to enhance the protection of the rights of other users of natural resources.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 14
- Paragraph text
- Access to land and security of tenure are also essential for the ability of smallholders to achieve a decent standard of living. As noted above, the right to food imposes on States an obligation not to deprive individuals of access to the productive resources on which they depend. Where a community has settled on a piece of land and depends on that land for its livelihood, the obligation to respect the right to food thus requires that eviction of the community from that land be prohibited unless certain conditions are fulfilled. No eviction should take place that does not meet the criteria set out by the Committee on Economic, Social and Cultural Rights in its general comment No. 7, on the right to adequate housing: forced evictions, and in the Basic Principles and Guidelines on Development-Based Evictions and Displacement. Those guidelines provide a practical tool to assist States and agencies in developing policies, legislation, procedures and preventive measures to ensure that forced evictions do not take place or, should prevention fail, to provide effective remedies to those whose human rights have been violated.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 15
- Paragraph text
- Under the right to property, land users are also protected from evictions in certain circumstances, as stipulated in article 17 of the Universal Declaration of Human Rights, article 14 of the African Charter on Human and Peoples' Rights, article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and article 21 of the American Convention on Human Rights. While the conditions under which eviction may take place vary from instrument to instrument, the most common requirements are the following: an eviction must have a valid (or legitimate) public purpose (a condition that should exclude eviction to serve purely private interests); it must not be discriminatory; it must meet the requirements of due process; and it must be accompanied by fair compensation. Although this protection from arbitrary expropriation does not in principle extend to all forms of illegal occupation, it generally extends to forms of land occupation that are not formally recognized through a legal title ("extra-legal") or that are based only on customary tenure.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 16
- Paragraph text
- It has been argued that improving security of tenure encourages smallholders to invest in the land, and in principle it could lower the cost of credit by increasing the use of land as collateral. It could also encourage more sustainable farming, particularly through the planting of trees and through more responsible use of the soil and water resources. The real question, however, is not whether security of tenure should be improved, but how. The classical approach has consisted of individual titling, combined with the establishment of cadastres, or land registries, to facilitate and secure transactions related to land. That approach is linked to the idea that security of tenure is primarily a means to promote integration into the market: once property has been legally recognized, it can be alienated or mortgaged so that the beneficiaries can leave agriculture or obtain cash to make the necessary investments in the land. In the late 1970s and throughout the 1980s - and more recently, under the influence of the writings of Hernando de Soto, international financial institutions promoted land registration and titling as part of their structural adjustment programmes, in the hope that successful land markets would ensure efficient land allocation and spur economic growth, which in turn was seen as the key to addressing rural poverty and food insecurity.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 17
- Paragraph text
- The effort to transplant the Western concept of property rights has created a number of problems, however. Unless it is transparent and carefully monitored, the titling process itself may be appropriated by local elites or foreign investors, with the complicity of corrupt officials. In addition, if it is based on the recognition of formal ownership, rather than on land users' rights, the titling process may confirm the unequal distribution of land, resulting in practice in a counter-agrarian reform. In particular, this will be the case in countries in which a small landed elite owns most of the available land, having benefited from the unequal agrarian structure of the colonial era. There is also a risk that titling will favour men. Any measures aimed at improving security of tenure should instead seek to correct existing imbalances, as the Land Management and Administration Project in Cambodia does.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 18
- Paragraph text
- Individual titling can also become a source of conflict and legal insecurity if it conflicts with customary rules regarding tenure, for example, as regards communal land ownership. Indeed, individual titling, combined with the marketability of land, may not be compatible with the recognization of customary forms of tenure with respect to communal land and common property resources, putting groups that do not use the land intensively or do not occupy it permanently at a particular disadvantage.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 19
- Paragraph text
- Finally, the creation of a market for land rights may itself have a series of undesirable consequences. The primary justification for the establishment of such a market is that it facilitates the reallocation of land towards more efficient users, thus providing an exit route from agriculture for rural residents for whom farming is not sufficiently profitable. Accordingly, the World Bank notes, "secure and unambiguous property rights … allow markets to transfer land to more productive uses and users". However, the impact of titling on farm productivity has often been unclear when it has not been complemented by schemes providing producers with appropriate levels of support. Land sales tend to favour not those who can make the most efficient use of land, but those who have access to capital and whose ability to purchase land is greatest. In fact, the creation of a land rights market can cause land to be taken out of production in order to be held as an investment by speculators, resulting both in decreased productivity and in increased landlessness among the rural poor. The poorest farmers could easily be induced to sell land and then be "priced out", particularly if they have fallen into debt as a result of a bad harvest or other circumstances. Thus, considered in isolation from other policies, individual titling may have counterproductive effects, increasing the vulnerability of the poor. Indeed, the idea that individual titling contributes to poverty reduction as land is transformed into capital presupposes that property is transformed into collateral, collateral into credit and credit into income. However, the poor, for whom land is an essential social safety net where no others are available, may in fact be reluctant to mortgage their land in order to gain access to credit. Nor does titling necessarily result in significantly greater access to the credit offered by private financial institutions.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 20
- Paragraph text
- Individual titling appears to matter less to the poor than security of tenure, reflecting the fact that "[a]t low levels of income and in the absence of other social security mechanisms, land serves as a social safety net for the rural poor and provides them their basic means of livelihood". In other words, while security of land tenure and recognition of land rights may correspond to strong demand, as illustrated by a number of country experiences, the same cannot be said of individual titling and the alienability of land. On the contrary, the limiting of land sales can protect smallholders from pressure to cede their land; it can also protect use rights regarding communal land and preserve communal forms of land management. There is growing experience with the use of low-cost, accessible tools for recording local land rights, or at least land transactions, to ensure security of tenure through the recognition of use rights rather than full ownership. Examples include the "Plan foncier rural", implemented in Benin and tested in Burkina Faso, and the $1 registration process leading to the issuance of certificates in some Ethiopian states. An interesting illustration of the decentralized management of land rights is Law 2005-019 of Madagascar, setting forth the status of land.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 21
- Paragraph text
- This indicates a fundamental opposition between two concepts of security of tenure; one oriented towards promoting land marketability through titling, and the other oriented towards broadening the entitlements of the relevant groups in order to ensure more secure livelihoods.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 22
- Paragraph text
- A number of countries, particularly in Africa, have extended formal legal recognition to existing customary rights, including collective rights, as an alternative to individual titling. Typically, neither individual members of households nor communities, through their representatives, can dispose of their land, for example, by selling it. Yet, the formal legal recognition of customary rights provides effective security. It favours long-term investments in the land. It may also facilitate access to credit, since creditors (although they will not be able to take possession of the land in the event of default) can be assured of the long-term viability of the investments that they help to finance. And it allows for the emergence of rental markets, which can improve access to land, particularly for land-scarce and labour-abundant households with little education. At the same time, there is a high risk that traditional, patriarchal forms of land distribution will be further legitimized through the recognition of customary forms of tenure, in violation of women's rights. Such risks should be addressed through the inclusion of strict safeguards in the process of such recognition.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 23
- Paragraph text
- As customary forms of tenure are recognized, the relationship between individual and communal rights may vary. For instance, communal land rights may be formalized as an aggregation of individual rights. In Cambodia, although land may be held by indigenous communities as a whole, the 2001 Land Law allows individual community members to leave and receive their share of communal land, subject to the agreement of the entire community. Another approach is to allow local community authorities to administer rights. In Latin American States where indigenous groups have been granted both political rights and land rights, such groups have been able to achieve a degree of autonomy over land management, while gaining tenure security.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 24
- Paragraph text
- True legal empowerment of the poor, then, should be seen as including the following: (a) a protection from eviction; (b) the provision of tools (legal aid, legal literacy training, paralegals) to ensure that formally recognized rights can be effectively defended; (c) support for land users in their utilization of the land; and (d) strengthening of the capacity of land administrations and efforts to combat corruption in those administrations. Individual titling schemes should be encouraged only where they can be combined with the codification of users' rights based on custom, and where the conditions have been created to ensure that the establishment of a land rights market will not lead to further land concentration. Customary forms of tenure, which are often perceived as highly legitimate, should be recognized although it is important that such systems be carefully scrutinized and, if necessary, amended, to bring them into line with women's rights, the use rights of those who depend on commons and the rights of the most vulnerable members of the community.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 25
- Paragraph text
- The protection of land-users' rights should not be limited to improving farmers' security of tenure. Fisherfolk need access to fishing grounds and may be severely affected by the fencing-off of land that provides access to the sea or to rivers. Pastoralists need grazing grounds for the animals that they raise. For these groups, as well as those practicing itinerant forms of agriculture, the formalization of property rights and the establishment of land registries may be the problem, not the solution: it may cause them to be fenced off from the resources on which they depend, making them victims of the vast enclosure movement that may result from titling. In Kenya, pastoralists whose rights were ignored in the formalization process have reportedly been the victims of violent land-grabbing by ranchers and others seeking scarce resources. Since they have no legal claim to the land, they cannot seek redress. In the United Republic of Tanzania, five years after a major titling effort had begun, pastoralists reported their eviction from multiple common grazing areas and were under threat of losing other grazing lands because those lands had been classified as "unused".
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 26
- Paragraph text
- For these groups, the existence of commons is vital. As noted by the Commission on Legal Empowerment of the Poor, in some legal cultures, community-based ownership of natural resources such as grazing lands, forests, water, fisheries and surface minerals is a traditional and effective way to grant control and proprietary rights to persons who have little or no other property. Such systems should be both recognized and fully protected against arbitrary seizure. Indeed, under existing international law, the requirements applicable to indigenous peoples may have to be extended to at least certain traditional communities that entertain a similar relationship with their ancestral lands, centred on the community rather than on the individual. That would encourage the management of common-pool resources at the local level by the communities directly concerned, rather than through top-down prescriptions or privatization of the commons. When such arrangements are institutionalized, the decentralized management of common-pool resources, recognizing their function as collective goods, is recognized as highly effective. Those negotiating the modalities of the use of the commons have the best information about its carrying capacity, and thus about uses that are sustainable, and the users have strong incentives to monitor the use of the commons and to report infractions.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 27
- Paragraph text
- In the presence of the sometimes highly unequal distribution of land in rural areas, strengthening security of tenure may not be sufficient; land redistribution may be required. Article 11, paragraph 2 (a), of the International Covenant on Economic, Social and Cultural Rights recognizes the connection between the right to food and the use of natural resources, committing States to "developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources". This should be understood as encouraging agrarian reform that leads to more equitable distribution of land for the benefit of smallholders, both because of the inverse relationship between farm size and productivity and because small-scale farming (and linking farmers more closely to the land) may lead to more responsible use of the soil. The Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, adopted in 2004 by the States members of the Food and Agriculture Organization of the United Nations (FAO), also encourage agrarian reform (guideline 8.1).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 28
- Paragraph text
- Agrarian reform leading to owner-operated family farms is desirable for a number of reasons. As land is transferred to family farms, idle lands of large estates are brought into production, thus increasing productivity levels. A 2003 World Bank analysis of land policies in 73 countries between 1960 and 2000 shows that countries in which the distribution of land was initially more equitable achieved growth rates two to three times higher than those in which land distribution was initially less equitable. Figure I highlights the correlation between the Gini coefficient for land and average per capita growth in gross domestic product (GDP), illustrating the link between unequal initial land distribution and slower economic growth.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 29
- Paragraph text
- The poverty-reducing potential of more equitable land distribution is further illustrated by statistical analyses showing that "a decrease of one third in the land distribution inequality index results in a reduction in the poverty level of one half in about 12-14 years. The same level of poverty reduction may be obtained in 60 years by agricultural growth sustained at an annual average of 3 per cent and without changing land distribution inequality". Land reforms in Asia following the Second World War resulted in a 30 per cent increase in the incomes of the bottom 80 per cent of households, while leading to an 80 per cent decline in the incomes of the top 4 per cent.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 30
- Paragraph text
- In addition to its economic functions of stimulating growth and reducing rural poverty, more equitable access to land for the rural poor contributes to social inclusion and economic empowerment. Access to land also improves food security, since it makes food more easily and cheaply available, providing a buffer against external shocks. Evidence resulting from land redistribution in China suggests that "even though access to land insures household income only moderately against shocks, it provides almost complete insurance against malnutrition". More equitable land distribution and the development of owner-operated family farms are thus desirable on both efficiency and equity grounds. Small family-owned farms can use the land in more sustainable ways, since sustainable farming is often more labour-intensive and requires the linking of farmers to the land. Moreover, where rural areas face high unemployment and underemployment and relative scarcity of land, it is more sensible, from both an economic perspective and a social justice perspective, to raise land productivity than to try to increase labour productivity.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Families
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 31
- Paragraph text
- Finally, land reform may be seen as an opportunity to strengthen access to land for women, particularly single women and widows. Article 14, paragraph 2 (g), of the Convention on the Elimination of All Forms of Discrimination against Women guarantees the right of women to equal treatment in land and agrarian reform as well as in land resettlement schemes. However, there remain laws and social customs such as those ensuring that the land of a deceased husband belongs to his sons, not to his widow, despite the flagrant violation of women's rights to which this leads. As a result, women still represent a significant minority of the total number of title-holders, as illustrated by the statistics set out in figure II.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 32
- Paragraph text
- Land reform may be seen as an opportunity to remedy this imbalance, either by prioritizing the needs of households headed by single women or widows, or by ensuring systematic joint titling in the reform process.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 33
- Paragraph text
- The most recent pledges to pursue land reform were made at the International Conference on Agrarian Reform and Rural Development of FAO, convened in Porto Alegre, Brazil, in March 2006. The Final Declaration adopted at the Conference encourages the holding of a national and inclusive dialogue to ensure significant progress on agrarian reform and rural development and the establishment of appropriate agrarian reform "mainly in areas with strong social disparities, poverty and food insecurity, as a means to broaden sustainable access to and control over land and related resources". The Governments represented at the Conference also recommended that the FAO Committee on World Food Security adopt of a set of reporting guidelines in order to monitor the implementation of the Declaration.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 34
- Paragraph text
- The preparation of the Voluntary Guidelines on Responsible Governance of Tenure of Land and other Natural Resources, led by FAO, is the single most important attempt to follow up on the commitments made at the Conference, and the Declaration of the World Summit on Food Security, held in 2009, underlines that link. It is too early to assess the Guidelines in the light of what they promise to achieve. At the regional level, however, the African Union's Framework and Guidelines on Land Policy in Africa are an important step in that direction, and the Latin American project to follow up on the Conference, launched in August 2009, involves a large number of countries in the operationalization of the commitments set out in the Declaration. But the overall picture remains uneven across regions.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 35
- Paragraph text
- It can be argued that part of the reason for this mixed outcome, lies in the strongly ideological overtones of the debate about how to implement land reform. Over the past generation, the major divide has been between centralized, or State-led, agrarian reform, effectuated through State land acquisitions compensated at below-market prices, and decentralized, or market-led, agrarian reform, based on the principle of a willing buyer and a willing seller. Although State-led agrarian reform has become less common, FAO continues to receive requests for assistance regarding such reform, and certain countries are still redistributing land or have committed to doing so. Since the 1990s, however, there has been a trend towards market-led agrarian reform, as illustrated by programmes such as the Cédula da Terra project, launched in Brazil during the period 1996-2001 and since renewed; the Colombian programme developed under Agrarian Law 160 of 1994; the South African Reconstruction and Development Programme, launched in 1994; the Community-Based Rural Land Development Project in Malawi; and the voluntary land transfer scheme in the Philippines.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 36
- Paragraph text
- Unfortunately, although a number of social movements are seeking to increase pressure on Governments (including by resorting to occupations of land), to address this issue, the sense of urgency regarding land redistribution has decreased, because of the end of the cold war and because of the conviction of many policymakers that technology-driven productivity improvements might be a less contentious alternative to agrarian reform.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 37
- Paragraph text
- There are strong arguments, however, in favour of land reform as contributing to the progressive realization of the human right to food, at least in contexts characterized by (a) a high degree of concentration of land ownership (such as a level of inequality higher than a Gini coefficient of 0.65), combined with (b) a significant level of rural poverty attributable to landlessness or the cultivation of excessively small plots of land by smallholders. The implication is that States should monitor existing inequalities in terms of access to land and, where both circumstances are present, should allocate the maximum available resources to agrarian reform schemes and implement those programmes in accordance with the principles of participation, transparency and accountability, to protect them from being appropriated by local elites. Where States fail to establish land redistribution schemes, they should provide justifications for not having done so.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 38
- Paragraph text
- While State-led agrarian reforms can generally be quite effective in addressing deeply entrenched inequalities in access to land provided certain conditions are met, market-led agrarian reforms have been less successful in that regard, sometimes even leading to the reconcentration of land, for reasons similar to those that explain the limits of titling as a means to ensure security of tenure. Important lessons can be drawn from past experiences: the success of State-led land reform programmes depends not only on effective land ceiling laws and other appropriate safeguards, such as legal frameworks that clearly define beneficiaries and exempted land, but also on continued social mobilization by peasant organizations, which can be vital partners in the implementation of policies to provide support to new beneficiaries. However, if the redistribution of land is to be sustainable, the beneficiaries must also be supported through comprehensive rural development policies. It has been estimated that improving access to credit and markets, as well as rural extension, can account for 60 to 70 per cent of the total costs of a land reform, exceeding the costs of acquiring and transferring the land. The failure of Latin American reforms when compared with Asian reforms has been attributed to the fact that Latin American reforms have traditionally focused solely on access to land, neglecting rural development policies. In order to be successful, land redistribution must be accompanied by broader agrarian reform policies that support smallholders and improve their ability to compete against larger farms; otherwise, there will be strong incentives for land reform beneficiaries to sell their land to large landowners. Women should be prioritized in such programmes, as under the Young Farm Women's Training Programme in the Canadian province of Manitoba or in the strategy currently being developed in Norway by the farming sector and the Ministry of Agriculture and Food, aimed at achieving 40 per cent participation by women in agriculture. Land ceiling laws can also help. Although such laws are often circumvented by large landowners - for example, by registering land under the names of proxies - they can increase the amount of land available for redistribution to the poorest households and limit the risk of land reconcentration following reform. A similar result can be achieved by subjecting land transactions to administrative authorization, which enables the administration to object to transactions that would lead to the unacceptable concentration of land, as in Germany under section 9 (1) of the Land Transactions Act.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 39
- Paragraph text
- In a context in which commercial pressures on land are increasing, it is crucial that States improve the protection of land users. The following recommendations seek to give concrete meaning to the land-related aspects of the human right to food.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 40a
- Paragraph text
- [In order to respect the right to food, States should:] Ensure security of tenure. States should take measures to confer legal security of tenure upon those persons, households and communities currently lacking such protection, including all those who do not have formal titles to home and land. The adoption of anti-eviction laws imposing strict conditions for interference with the rights of land users should be seen as a priority. This should supplement any strengthening of the regulatory framework concerning expropriation, which itself should provide clear procedural safeguards for landowners while, at the same time, providing for the possibility of agrarian reform where land concentration is excessive;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 40b
- Paragraph text
- [In order to respect the right to food, States should:] Refrain from criminalizing legitimate social protest. Where insufficient progress has been made on the implementation of the commitments set out in the Final Declaration of the International Conference on Agrarian Reform and Rural Development, and where deep land inequalities remain, the non-violent occupation of land by landless movements should not be criminalized. Human rights defenders who protest evictions and defend or promote land rights should be protected;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 40c
- Paragraph text
- [In order to respect the right to food, States should:] Respect the needs of special groups. States should implement the specific rights of indigenous peoples by demarcating their lands and territories and by providing them with specific protection. States should also protect access to fishing grounds, grazing grounds and water points for fisherfolk, herders and pastoralists, for whom the protection of commons is vital. The recognition of communal rights should extend beyond indigenous communities, at least to certain communities that entertain a similar relationship with the land, centred on the community rather than on the individual;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 40d
- Paragraph text
- [In order to respect the right to food, States should:] Prioritize development models that do not lead to evictions, disruptive shifts in land rights and increased land concentration. States should carefully consider the development models that they follow, as the mainstream agro-export-led model has major detrimental impacts on the access to land of vulnerable groups, disproportionately favouring the largest producers and landowners. Land investments implying an important shift in land rights should represent the last and least desirable option, acceptable only if no other investment model can achieve a similar contribution to local development and improve the livelihoods within the local communities concerned.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 41a
- Paragraph text
- [In order to protect the right to food, States should:] Conduct decentralized mapping of various users' land rights and strengthen customary systems of tenure. Mapping should be performed at the level of the local community and in a participatory manner. While customary systems of tenure may receive legal recognition, public authorities should ensure that appropriate safeguards are established in order to ensure that control by the community will not be exercised arbitrarily or in ways that lead to discrimination or inequitable outcomes, in keeping with international norms and standards. States should establish appropriate mechanisms for the resolution of land conflicts between landlords and tenants, between land users and the State or between private-sector entities involved in development projects;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 41b
- Paragraph text
- [In order to protect the right to food, States should:] Adopt tenancy laws, and effectively implement existing laws against the pressure to free land for private investors. The adoption of tenancy laws can protect tenants from eviction and from excessive levels of rent. Such laws can also allow a tenant's heirs to occupy the land if the tenant dies, and provide the tenant with the right to pre-emption if the landowner wishes to sell (ideally, at a below-market price); they can provide for the joint titling of husband and wife as tenants, in order to protect widows from the risk of eviction; and they can ensure that the tenant will be allowed to remain on the land if the property changes hands;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 41c
- Paragraph text
- [In order to protect the right to food, States should:] Ensure that all land investment projects are consistent with the relevant obligations under international human rights law, as reiterated in a previous contribution by the Special Rapporteur.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 42a
- Paragraph text
- [In order to ensure the enjoyment of the right to food, States should:] Implement the conclusions set out in the Final Declaration of the International Conference on Agrarian Reform and Rural Development and prioritize "improved" State-led land redistribution programmes. States should implement land redistribution programmes where a high degree of land ownership concentration (which could be defined as a level of inequality higher than a Gini coefficient of 0.65) is combined with a significant level of rural poverty attributable to landlessness or to the cultivation of excessively small plots of land by smallholders. Redistributive agrarian reforms should: (a) include comprehensive rural development policies that follow the recommendations resulting from the International Assessment of Agricultural Science and Technology for Development, including extension systems, access to credit and agricultural research and support beneficiaries, provided with sufficient budgets; (b) make use of land ceiling laws and be based on legal frameworks that clearly define beneficiaries and exempted land; (c) encourage communal ownership systems, rather than focusing solely on individual beneficiaries; (d) be implemented in accordance with the principles of participation, transparency and accountability, in order to prevent their appropriation by local elites; (e) be grounded in constitutional provisions regarding the social functions of land, where such provisions exist. All States should monitor land inequalities before and after the implementation of such programmes;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 42b (i)
- Paragraph text
- [In order to ensure the enjoyment of the right to food, States should:] Ensure that market-led land reforms are compatible with human rights. If, despite the reservations expressed in the present report, States choose to seek to improve security of tenure through titling programmes and the creation of land rights markets, they should: Regulate such markets by taking appropriate measures to prevent increased land speculation, increased land concentration, abuse of customary forms of tenure by new landowners, and distress sales by indebted farmers;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 42b (ii)
- Paragraph text
- [In order to ensure the enjoyment of the right to food, States should:] Ensure that market-led land reforms are compatible with human rights. If, despite the reservations expressed in the present report, States choose to seek to improve security of tenure through titling programmes and the creation of land rights markets, they should: Ensure that titling schemes benefit women and men equally, correcting existing imbalances if necessary;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 42b (iii)
- Paragraph text
- [In order to ensure the enjoyment of the right to food, States should:] Ensure that market-led land reforms are compatible with human rights. If, despite the reservations expressed in the present report, States choose to seek to improve security of tenure through titling programmes and the creation of land rights markets, they should: Encourage communal ownership systems (rather than individual titling) where local communities have a need for them;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 42b (iv)
- Paragraph text
- [In order to ensure the enjoyment of the right to food, States should:] Ensure that market-led land reforms are compatible with human rights. If, despite the reservations expressed in the present report, States choose to seek to improve security of tenure through titling programmes and the creation of land rights markets, they should: Prioritize the titling of land for those who are dependent on land for their livelihoods and are more vulnerable to land-grabbing, rather than for those who claim to be the formal landowners;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 42c
- Paragraph text
- [In order to ensure the enjoyment of the right to food, States should:] Establish specialized recourse mechanisms at the local level that are accessible, work transparently and include safeguards against corruption.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 43a (i)
- Paragraph text
- [The Special Rapporteur also makes the following recommendations to the international community:] Establish adequate governance instruments to operationalize the commitments set out in the Final Declaration of the International Conference on Agrarian Reform and Rural Development. The Voluntary Guidelines on Responsible Governance of Tenure of Land and other Natural Resources could make a significant contribution, provided that they: Encompass land redistribution issues in addition to land administration issues, consistent with the Conference commitments;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 43a (ii)
- Paragraph text
- [The Special Rapporteur also makes the following recommendations to the international community:] Establish adequate governance instruments to operationalize the commitments set out in the Final Declaration of the International Conference on Agrarian Reform and Rural Development. The Voluntary Guidelines on Responsible Governance of Tenure of Land and other Natural Resources could make a significant contribution, provided that they: Provide for the systematic and comprehensive interpretation of existing provisions of international human rights and environmental law that protect the rights of land users in all categories, whether indigenous peoples or other rural groups such as peasants, pastoralists and fisherfolk. The international recognition of the rights of these groups is scattered among various instruments and lacks systematic interpretation. The FAO Committee on World Food Security could also play an important role by: a. Establishing a mechanism for follow-up to the Conference commitments; b. Commissioning an independent review by the Committee's High-level Panel of Experts on Food Security and Nutrition of best practices in agrarian reform;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 43b
- Paragraph text
- [The Special Rapporteur also makes the following recommendations to the international community:] Donors should increase their support for the implementation of land redistribution programmes and the strengthening of land administrations. The importance of land administrations free from corruption and equipped with sufficient resources and well-trained officials has been and continues to be underestimated in the reinvestment in agriculture since the 2008 global food crisis;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 43c
- Paragraph text
- [The Special Rapporteur also makes the following recommendations to the international community:] Governments investing in farmland abroad should ensure that they do so in accordance with their human rights obligations. They should regulate the conduct of private actors on which they can exercise an influence, thus helping to protect the human rights of the communities concerned. Similar obligations exist for development banks funding projects that have an impact on land rights (see A/HRC/13/33/Add.2, para. 5);
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 43d
- Paragraph text
- [The Special Rapporteur also makes the following recommendations to the international community:] International human rights bodies should consolidate the right to land and take land issues fully into account when ensuring respect for the right to adequate food. The Committee on Economic, Social and Cultural Rights could play a leading standard-setting role in clarifying the issue of land as a human right by issuing a general comment in that regard. Acting in their monitoring capacity, human rights bodies should examine the justifications offered by Governments that fail to put in place land redistribution programmes or policies with similar aims, despite the existence of a high degree of concentration of land ownership, combined with a significant level of rural poverty attributable to landlessness or inequitable land distribution.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Acroecology and the right to food
- Body
- Special Rapporteur on the right to food
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2011
- Document code
- A/HRC/16/49
Document
Acroecology and the right to food 2011, para. 12
- Paragraph text
- Agroecology is both a science and a set of practices. It was created by the convergence of two scientific disciplines: agronomy and ecology. As a science, agroecology is the "application of ecological science to the study, design and management of sustainable agroecosystems." As a set of agricultural practices, agroecology seeks ways to enhance agricultural systems by mimicking natural processes, thus creating beneficial biological interactions and synergies among the components of the agroecosystem. It provides the most favourable soil conditions for plant growth, particularly by managing organic matter and by raising soil biotic activity. The core principles of agroecology include recycling nutrients and energy on the farm, rather than introducing external inputs; integrating crops and livestock; diversifying species and genetic resources in agroecosystems over time and space; and focusing on interactions and productivity across the agricultural system, rather than focusing on individual species. Agroecology is highly knowledge-intensive, based on techniques that are not delivered top-down but developed on the basis of farmers' knowledge and experimentation.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 13
- Paragraph text
- As a way to improve the resilience and sustainability of food systems, agroecology is now supported by an increasingly wide range of experts within the scientific community, and by international agencies and organizations, such as the United Nations Food and Agriculture Organization (FAO), UNEP and Biodiversity International. It is also gaining ground in countries as diverse as the United States, Brazil, Germany and France.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 14
- Paragraph text
- Agroecology is a coherent concept for designing future farming systems as it is strongly rooted both in science and in practice, and because it shows strong connections with the principles of the right to adequate food (Section III). It can be seen as encompassing - or closely related to - approaches such as "ecoagriculture" and "evergreen agriculture," while the concepts of "ecological intensification" and "conservation agriculture" often follow certain agroecological principles. Agroecology is also linked to the "ecosystem approach to sustainable crop production intensification" recently supported by the FAO Committee on Agriculture (COAG). Discussion of the detailed differences among these concepts is beyond the scope of this report.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 15
- Paragraph text
- Crop breeding and agroecology are complementary. For instance, breeding provides new varieties with shorter growing cycles, which enable farmers to continue farming in regions where the crop season has already shrunk. Breeding can also improve the level of drought resistance in plant varieties, an asset for countries where lack of water is a limiting factor. Reinvesting in agricultural research must consequently mean continued efforts in breeding. However, agroecology is more overarching as it supports building drought-resistant agricultural systems (including soils, plants, agrobiodiversity, etc.), not just drought-resistant plants.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 16
- Paragraph text
- A wide panoply of techniques based on the agroecological perspective have been developed and successfully tested in a range of regions. These approaches involve the maintenance or introduction of agricultural biodiversity (diversity of crops, livestock, agroforestry, fish, pollinators, insects, soil biota and other components that occur in and around production systems) to achieve the desired results in production and sustainability. Integrated nutrient management reconciles the need to fix nitrogen within farm systems with the import of inorganic and organic sources of nutrients and the reduction of nutrient losses through erosion control. Agroforestry incorporates multifunctional trees into agricultural systems. In Tanzania, 350,000 hectares of land have been rehabilitated in the Western provinces of Shinyanga and Tabora using agroforestry; there are similar large-scale projects developed in other countries including Malawi, Mozambique and Zambia. Water harvesting in dryland areas allows for the cultivation of formerly abandoned and degraded lands, and improves the water productivity of crops. In West Africa, stone barriers built alongside fields slow down runoff water during the rainy season, allowing an improvement of soil moisture, the replenishment of water tables, and reductions in soil erosion. The water retention capacity is multiplied five- to ten-fold, the biomass production multiplies by 10 to 15 times, and livestock can feed on the grass that grows along the stone barriers after the rains. Integration of livestock into farming systems, such as dairy cattle, pigs and poultry, provides a source of protein to the family, as well as a means of fertilizing soils; so does the incorporation of fish, shrimps and other aquatic resources into farm systems, such as irrigated rice fields and fish ponds.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- All
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 17
- Paragraph text
- Such resource-conserving, low-external-input techniques have a proven potential to significantly improve yields. In what may be the most systematic study of the potential of such techniques to date, Jules Pretty et al. compared the impacts of 286 recent sustainable agriculture projects in 57 poor countries covering 37 million hectares (3 per cent of the cultivated area in developing countries). They found that such interventions increased productivity on 12.6 millions farms, with an average crop increase of 79 per cent, while improving the supply of critical environmental services. Disaggregated data from this research showed that average food production per household rose by 1.7 tonnes per year (up by 73 per cent) for 4.42 million small farmers growing cereals and roots on 3.6 million hectares, and that increase in food production was 17 tonnes per year (up 150 per cent) for 146,000 farmers on 542,000 hectares cultivating roots (potato, sweet potato, cassava). After UNCTAD and UNEP reanalyzed the database to produce a summary of the impacts in Africa, it was found that the average crop yield increase was even higher for these projects than the global average of 79 per cent at 116 per cent increase for all African projects and 128 per cent increase for projects in East Africa.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 18
- Paragraph text
- The most recent large-scale study points to the same conclusions. Research commissioned by the Foresight Global Food and Farming Futures project of the UK Government reviewed 40 projects in 20 African countries where sustainable intensification was developed during the 2000s. The projects included crop improvements (particularly improvements through participatory plant breeding on hitherto neglected orphan crops), integrated pest management, soil conservation and agro-forestry. By early 2010, these projects had documented benefits for 10.39 million farmers and their families and improvements on approximately 12.75 million hectares. Crop yields more than doubled on average (increasing 2.13-fold) over a period of 3-10 years, resulting in an increase in aggregate food production of 5.79 million tonnes per year, equivalent to 557 kg per farming household.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 19
- Paragraph text
- Sometimes, seemingly minor innovations can provide high returns. In Kenya, researchers and farmers developed the "push-pull" strategy to control parasitic weeds and insects that damage the crops. The strategy consists in "pushing" away pests from corn by inter-planting corn with insect-repellent crops like Desmodium, while "pulling" them towards small plots of Napier grass, a plant that excretes a sticky gum which both attracts and traps pests. The system not only controls pests but has other benefits as well, because Desmodium can be used as fodder for livestock. The push-pull strategy doubles maize yields and milk production while, at the same time, improves the soil. The system has already spread to more than 10,000 households in East Africa by means of town meetings, national radio broadcasts and farmer field schools. In Japan, farmers found that ducks and fish were as effective as pesticide for controlling insects in rice paddies, while providing additional protein for their families. The ducks eat weeds, weed seeds, insects, and other pests, thus reducing weeding labour, otherwise done by hand by women, and duck droppings provide plant nutrients. The system has been adopted in China, India, and the Philippines. In Bangladesh, the International Rice Research Institute reports 20 per cent higher crops yields, and net incomes on a cash cost basis have increased by 80 per cent.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 20
- Paragraph text
- Agroecology is also gaining ground in Malawi, a country that has been at the centre of attention in recent years. Malawi successfully launched a fertilizer subsidy programme in 2005-2006, following the dramatic food crisis due to drought in 2004-2005. However, it is now implementing agroforestry systems, using nitrogen-fixing trees, to ensure sustained growth in maize production in preparation for the medium-term situation when fertilizer subsidies may have to be scaled back or withdrawn. By mid-2009, over 120,000 Malawian farmers had received training and tree materials from the programme, and support from Ireland has now enabled extension of the programme to 40 per cent of Malawi's districts, benefiting 1.3 million of the poorest people. Research shows that this results in increased yields from 1 t/ha to 2-3 t/ha, even if farmers cannot afford commercial nitrogen fertilizers. With an application of a quarter-dose of mineral fertilizer, maize yields may surpass 4 t/ha. However, this shows that, while investment in organic fertilizing techniques should be a priority, this should not exclude the use of other fertilizers. An optimal solution that could be an exit strategy from fertilizer subsidy schemes would be to link fertilizer subsidies directly to agroforestry investments on the farm in order to provide for long-term sustainability in nutrient supply, and to build up soil health as the basis for sustained yields and improved efficiency of fertilizer response. Malawi is reportedly exploring this "subsidy to sustainability" approach.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 21
- Paragraph text
- By enhancing on-farm fertility production, agroecology reduces farmers' reliance on external inputs and state subsidies. This, in turn, makes vulnerable smallholders less dependent on local retailers and moneylenders. One key reason why agroecology helps to support incomes in rural areas is because it promotes on-farm fertility generation. Indeed, supplying nutrients to the soil does not necessarily require adding mineral fertilizers. It can be done by applying livestock manure or by growing green manures. Farmers can also establish a "fertilizer factory in the fields" by planting trees that take nitrogen out of the air and "fix" it in their leaves, which are subsequently incorporated into the soil. That, in essence, is the result of planting Faidherbia albida, a nitrogen-fixing acacia species indigenous to Africa and widespread throughout the continent. Since this tree goes dormant and sheds its foliage during the early rainy season at the time when field crops are being established, it does not compete significantly with them for light, nutrients or water during the growing season; yet it allows a significant increase in yields of the maize with which it is combined, particularly in conditions of low soil fertility. In Zambia, unfertilized maize yields in the vicinity of Faidherbia trees averaged 4.1 t/ha, compared to 1.3 t/ha nearby, but beyond the tree canopy. Similar results were observed in Malawi, where this tree was also widely used. The use of such nitrogen-fixing trees avoids dependence on synthetic fertilizers, the price of which has been increasingly high and volatile over the past few years, exceeding food commodity prices, even when the latter reached a peak in July 2008. In this way, whatever financial assets the household has can be used on other essentials, such as education or medicine.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 22
- Paragraph text
- Agroforestry or comparable techniques such as the use of leguminous-cover crops to fix nitrogen also have a huge potential. This matters particularly to the poorest farmers, who are least likely to be able to afford to buy inorganic fertilizers, and whom fertilizer distribution systems often do not reach, particularly since the private sector is unlikely to invest into the most remote areas where communication routes are poor and few economies of scale can be achieved. But it is also of great importance to low-income countries, which import to meet their inorganic fertilizer needs. In sub-Saharan Africa, part of the reason why the use of fertilizers is very low (average 13 kilograms (kg) of fertilizer nutrients per hectare) is because of the considerable fiscal costs involved in the import and distribution of fertilizers.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Food & Nutrition
- Person(s) affected
- All
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 23
- Paragraph text
- Agroecological approaches can be labour-intensive during their launching period, due to the complexity of the tasks of managing different plants and animals on the farm, and recycling the waste produced. However, research shows that the higher labour-intensity of agroecology is a reality particularly in the short term. In addition, while labour-saving policies have generally been prioritized by governments, creation of employment in rural areas in developing countries, where underemployment is currently massive, and demographic growth remains high, may constitute an advantage rather than a liability and may slow down rural-urban migration. Moreover, the cost of creating jobs in agriculture is often significantly lower than in other sectors: in Brazil, data from INCRA, the agency responsible for land reform, showed that each job generated in a settlement costs the government 3.640 USD, while the cost would be 128 per cent more expensive in industry, 190 per cent more in trade, and 240 per cent more in services. According to peasant organizations, agroecology is also more attractive to farmers, because it procures pleasant features for those working the land for long hours, such as shade from trees or the absence of smell and toxicity from chemicals.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 24
- Paragraph text
- In Burkina Faso, rather than migrating, work groups of young men specialized in land rehabilitation techniques, such as tassas and zai planting pits, go from village to village to satisfy farmers' growing interest in improving their own lands. Farmers are now buying degraded land for improvement and paying these labourers to dig zai pits and construct the rock walls and half-moon structures which can transform yields. This is one of the reasons why more than 3 million hectares of land in Burkina Faso are now rehabilitated and productive.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Person(s) affected
- Youth
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 25
- Paragraph text
- Although they can create jobs, agroecological approaches are fully compatible with a gradual mechanization of farming. The need to produce equipment for conservation agricultural techniques such as no-till and direct seeding actually results in more jobs being created in the manufacturing sector. This is true in particular in Africa which still imports most of its equipment, but which increasingly manufactures simple equipment Employment could also result from the expansion of agroforestry. In Southern Africa, farmers produce trees as a business, supported by a financing facility established by the World Agroforestry Centre (ICRAF). During its first year, the Malawi Agroforestry Food Security Programme distributed tree seeds, setting up 17 nurseries that raised 2,180,000 seedlings and establishing 345 farmer groups.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Food & Nutrition
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 26
- Paragraph text
- In the past, Green Revolution approaches have focused primarily on boosting cereal crops. However, rice, wheat and maize are mainly sources of carbohydrates: they contain relatively little protein, and few of the other nutrients essential for adequate diets. The shift from diversified cropping systems to simplified cereal-based systems thus contributed to micronutrient malnutrition in many developing countries. Indeed, of the over 80,000 plant species available to humans, rice, wheat and maize supply the bulk of our protein and energy needs. Nutritionists now increasingly insist on the need for more diverse agro-ecosystems, in order to ensure a more diversified nutrient output of the farming systems.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 27
- Paragraph text
- The diversity of species on farms managed following agroecological principles, as well as in urban or peri-urban agriculture, is an important asset in this regard. For example, it has been estimated that indigenous fruits contribute on average about 42 per cent of the natural food-basket that rural households rely on in southern Africa. This is not only an important source of vitamins and other micronutrients, but it also may be critical for sustenance during lean seasons. Nutritional diversity, enabled by increased diversity in the field, is of particular importance to children and women.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 28
- Paragraph text
- Agroecology improves resilience to climate change. Climate change means more extreme weather-related events. The use of agroecological techniques can significantly cushion the negative impacts of such events, for resilience is strengthened by the use and promotion of agricultural biodiversity at ecosystem, farm system and farmer field levels, which is materialized by many agroecological approaches. Following Hurricane Mitch in 1998, a large-scale study on 180 communities of smallholders from southern to northern Nicaragua demonstrated that farming plots cropped with simple agroecological methods (including rock bunds or dikes, green manure, crop rotation and the incorporation of stubble, ditches, terraces, barriers, mulch, legumes, trees, plowing parallel to the slope, no-burn, live fences, and zero-tillage) had on average 40 per cent more topsoil, higher field moisture, less erosion and lower economic losses than control plots on conventional farms. On average, agroecological plots lost 18 per cent less arable land to landslides than conventional plots and had 69 per cent less gully erosion compared to conventional farms.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 29
- Paragraph text
- More frequent and more severe droughts and floods can be expected in the future; agroecological modes of farming are better equipped to support such shocks. The agroforestry programme developed in Malawi protected farmers from crop failure after droughts, thanks to the improved soil filtration it allowed. Indeed, on-farm experiments in Ethiopia, India, and the Netherlands have demonstrated that the physical properties of soils on organic farms improved the drought resistance of crops.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 30
- Paragraph text
- In addition, the diversity of species and of farm activities that agroecological approaches allow are ways to mitigate risks from extreme weather events, as well as from the invasion of new pests, weeds and diseases, that will result from global warming. The agroecological practice of cultivar mixtures bets on genetic diversity in the fields in order to improve crop resistance to diseases. In the Yunnan Province in China, after disease-susceptible rice varieties were planted in mixtures with resistant varieties, yields improved by 89 per cent and rice blast disease was 94 per cent less severe than when the varieties were grown in monoculture, leading farmers to abandon the use of fungicidal sprays.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 31
- Paragraph text
- Agroecology also puts agriculture on the path of sustainability by delinking food production from the reliance on fossil energy (oil and gas). It contributes to mitigating climate change, both by increasing carbon sinks in soil organic matter and above-ground biomass, and by avoiding carbon dioxide or other greenhouse gas emissions from farms by reducing direct and indirect energy use. The Intergovernmental Panel on Climate Change (IPCC) has estimated the global technical mitigation potential for agriculture at 5.5 to 6 Gt of CO2-equivalent per year by 2030. Most of this total (89 per cent) can come from carbon sequestration in soils, storing carbon as soil organic matter (humus), something which can be done through agroecology.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 32
- Paragraph text
- The participation of farmers is vital for the success of agroecological practices. So far, agroecology has been developed by grassroots organizations and NGOs, and it has spread through farmer field schools and farmers' movements, such as the Campesino a Campesino movement in Central America. Experience with agroecological techniques is growing everyday within peasant networks such as La Via Campesina and the AgriCultures Network (former LEISA) globally; Réseau des Organisations Paysannes et des Producteurs Agricoles de l'Afrique de l'Ouest (ROPPA), Eastern & Southern Africa Farmers' Forum (ESAFF), and PELUM (Participatory Ecological Land Use Management) network in Africa, MASIPAG network in the Philippines (Magsasaka at Siyentista Tungo sa Pag-unlad ng Agrikultura), or Assessoria e Serviços a Projetos em Agricultura Alternativa (AS-PTA) and Movimento dos Trabalhadores Sem Terra (MST) in Brazil.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 33
- Paragraph text
- Farmer field schools have been shown to significantly reduce the amounts of pesticides use, as inputs are being replaced by knowledge. Large-scale studies from Indonesia, Vietnam and Bangladesh recorded 35 to 92 per cent reduction in insecticide use in rice, and 34 to 66 per cent reduction in pesticide use, combined with 4 to 14 per cent better yields recorded in cotton production in China, India and Pakistan. Farmer field schools have also proven to be empowering by helping farmers to organize themselves better, and stimulating continued learning. The successful dissemination of the push-pull strategy (PPS) in East Africa, promoted by the International Centre for Insect Physiology and Ecology (ICIPE), is largely due to the demonstration of fields managed by model farmers, which attracts visits by other farmers during field days, and to partnerships with national research systems in Tanzania, Uganda, Ethiopia and other countries that have made research and development efforts to bring about the necessary adaptations such as choice of maize cultivars. The growth of the Campesino a Campesino movement in Cuba relied on technical advisers and coordinators supported by the National Association of Small Farmers (ANAB). Between 2001 and 2009, the number of "promotores" increased from 114 to 11,935, and a total of 121,000 workshops on agroecological practices were organized.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 34
- Paragraph text
- State support can build on those efforts. In Brazil, for example, the 2010 Act on extension and technical assistance for family farming and agrarian reform (Lei 12.188/2010) prioritizes support to rural extension activities in ecological agriculture. This Act will accentuate the qualitative shift in the Brazilian extension services which is parallel to quantitative changes in the last decade. Indeed, extension activities organized under the Brazilian National Rural Extension Policy (2003) have increased from an average of 2,000 activities/year in 2004-2005 to an average of close to 30,000/year in 2007-2009. Such efforts enable a rapid dissemination of best practices, including agroecological practices, especially when farmers participate in the system and are not mere receivers of trainings.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 35
- Paragraph text
- Scaling up agroecology in order to maximize its positive impacts on farmers' incomes, productivity and the environment means both (horizontally) increasing the areas cultivated by agroecological techniques and (vertically) creating an enabling framework for the farmers. Innovative ways of ensuring horizontal expansion include the "pilot scaling up" strategy such as the one successfully implemented in the Chinyanja Triangle (Mozambique, Malawi and Zambia) and West and Central Africa by the World Agroforestry Centre for tree domestication. The strategy relies on the identification of Pilot Scaling Up Areas (PSUAs) and the establishment of "scaling up platforms," the formation of "change teams" and the identification of partners: from grassroots organization to private companies. The targeting of the zones where the adoption of agroecology has the greatest potential, based on biophysical criteria, may be facilitated by Geographic Information Systems (GIS), such as those that have been used both in Europe and in Southern Africa in order to identify the suitability areas for the scaling up of agroforestry systems. As mentioned earlier, the dissemination of the push-pull strategy in East Africa by the International Centre for Insect Physiology and Ecology (ICIPE) was based both on demonstration fields managed by model farmers, which attracts visits by other farmers during field days, and on partnerships with national research systems in neighbouring countries that facilitated take-up of this approach. Localized innovations can spread rapidly through such approaches (see Figure 2 below).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 36
- Paragraph text
- This report focuses on the vertical dimension of scaling up agroecology, namely, the establishment of an enabling framework - although this is both a condition and a driver of horizontal scaling up. Governments have a key role to play in this regard, beyond supporting access to land, water and seeds for small-scale farmers. This section identifies a number of principles that could support the scaling up of agroecological practices. Encouraging a shift towards sustainable agriculture may be a delicate process associated with transition costs, since farmers must learn new techniques that move away from the current systems, which are more specialized, less adaptive, and have a lower innovation capacity. Therefore, the following principles should be applied with flexibility. The incentive structures which such policies create to encourage the shift towards sustainable farming should be regularly tested and re-evaluated with the participation of the beneficiaries, transforming policy into a mode of "social learning rather than an exercise of political authority." The move towards agroecology should be based on the farmers themselves - its main beneficiaries. Agroecological techniques are best spread from farmer to farmer, since they are often specific to an agroecological zone.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 37
- Paragraph text
- Agroecological practices require the supply of public goods such as extension services, storage facilities, rural infrastructure (roads, electricity, information and communication technologies) and therefore access to regional and local markets, access to credit and insurance against weather-related risks, agricultural research and development, education, and support to farmer's organizations and cooperatives. While this requires funding, the investment can be significantly more sustainable than the provision of private goods, such as fertilizers or pesticides that farmers can only afford so long as they are subsidized. While many efforts have been made since 2008 to reinvest in agriculture, too little attention has been paid to the differences between the various types of investment required and to understanding their impacts on the reduction of rural poverty. This has led World Bank economists to note that "underinvestment in agriculture is […] compounded by extensive misinvestment" with a bias towards the provision of private goods, sometimes motivated by political considerations. Research based on the study of 15 Latin American countries over the period 1985-2001 in which government subsidies for private goods was distinguished from expenditures in public goods indicated that, within a fixed national agriculture budget, a reallocation of 10 per cent of spending to supplying public goods increases agricultural per capita income by 5 per cent, while a 10 per cent increase in public spending on agriculture, keeping the spending composition constant, increases per capita agricultural income by only 2 per cent. In other words, "even without changing overall expenditures, governments can improve the economic performance of their agricultural sectors by devoting a greater share of those expenditures to social services and public goods instead of non-social subsidies." Thus, while the provision or subsidization of private goods may be necessary up to a point, the opportunity costs should be carefully considered.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Food & Nutrition
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 38
- Paragraph text
- Agroecology is knowledge-intensive. It requires the development of both ecological literacy and decision-making skills in farmer communities. Investments in agricultural extension and agricultural research are key in this regard. While agricultural spending is among the four top contributors to increasing rural welfare, along with public spending in education, health and roads, agricultural research has the greatest overall impact on poverty and agricultural productivity in developing countries. Agricultural research had "the largest impact on agricultural production and second-largest impact on poverty reduction (after rural education) in China, and the second-largest impact on poverty reduction in rural India (after investment in roads)." Research in agroecological practices, in particular, should be prioritized, because of the considerable and largely untapped potential of such practices. Modern science combines with local knowledge in agroecological research. In Central America for instance, the coffee groves grown under high-canopy trees were improved by the identification of the optimal shade conditions, minimizing the entire pest complex and maximizing the beneficial microflora and fauna while maximizing yield and coffee quality. However, perhaps because such practices cannot be rewarded by patents, the private sector has been largely absent from this line of research.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Poverty
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 39
- Paragraph text
- Agroecological practices are best adopted when they are not imposed top-down but shared from farmer to farmer. Extension services play a key role in favouring the scaling up of agroecology. An improved dissemination of knowledge by horizontal means transforms the nature of knowledge itself, which becomes the product of a network. It should encourage farmers, particularly small-scale farmers, living in the most remote areas to identify innovative solutions, by working with experts towards a co-construction of knowledge to ensure that advances will benefit them as a matter of priority, rather than only benefiting the better-off producers. Co-construction is key for the realization of the right to food. First, it enables public authorities to benefit from the experience and insights of the farmers. Rather than treating smallholder farmers as beneficiaries of aid, they should be seen as experts with knowledge that is complementary to formalized expertise. Second, as the Special Rapporteur has previously illustrated in describing participatory plant-breeding, participation can ensure that policies and programmes are truly responsive to the needs of vulnerable groups, who will question projects that fail to improve their situation. Third, participation empowers the poor - a vital step towards poverty alleviation. Lack of power is a source of poverty, as marginal communities often receive less support than the groups that are better connected to government. Poverty exacerbates this lack of power, creating a vicious circle of further disempowerment. Fourth, policies that are co-designed with farmers have a high degree of legitimacy and thus favour better planning of investment and production and better up-take by other farmers. Participation of food-insecure groups in the policies that affect them should become a crucial element of all food security policies, from policy design to the assessment of results to the decision on research priorities. Indeed, improving the situation of millions of food-insecure peasants cannot be done without them.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 40
- Paragraph text
- The best of what scientists can offer and the valuable experience of smallholder farmers should be brought together in order to develop participatory modes of learning. The development of participation can go beyond the field technology itself. In West Africa, for instance, citizens' juries on the governance of food and agricultural research were set up by the International Institute for Environment and Development (IIED), the Coordination Nationale des Organisations Paysannes (CNOP) and other partners, resulting in farmers formulating 100 recommendations after having heard experts on the models of agriculture, land tenure and property rights, macroeconomic issues and the governance of agricultural research. Not only research and extension services should develop into learning organisations, so too should ministries, and educational and financial institutions. Farmers' organizations and networks have accumulated experience on the dissemination of agroecological practices in the last decade, with proven results. These movements are already functioning as learning organizations; they must now be supported in this role.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 41
- Paragraph text
- Specific, targeted schemes should ensure that women are empowered and encouraged to participate in this construction of knowledge. Culturally-sensitive participatory initiatives with female project staff and all-female working groups, and an increase in locally-recruited female agricultural extension staff and village motivators facing fewer cultural and language barriers, should counterbalance the greater access that men have to formal sources of agricultural knowledge. It is a source of concern to the Special Rapporteur that, while women face a number of specific obstacles (poor access to capital and land, the double burden of work in their productive and family roles, and low participation in decision-making), gender issues are incorporated into less than 10 per cent of development assistance in agriculture, and women farmers receive only 5 per cent of agricultural extension services worldwide. In principle, agroecology can benefit women most, because it is they who encounter most difficulties in accessing external inputs or subsidies. But their ability to benefit should not be treated as automatic; it requires that affirmative action directed specifically towards women be taken.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Food & Nutrition
- Gender
- Person(s) affected
- Men
- Women
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 42
- Paragraph text
- In previous reports, the Special Rapporteur has insisted on the need to facilitate the ability of small-scale farmers to join supply chains. Farmers should also be encouraged to move up the value chain by adding value to raw products through assuming increased roles in packaging, processing, and marketing their produce. Cooperatives can help them achieve economies of scale to facilitate adding value. This can also be supported by novel types of partnerships with the private sector. However, improved access to markets is essential if this is to happen. Better access to markets requires the development of communication routes, particularly rural feeder roads. The marginal returns to public spending on feeder roads for agriculture output and poverty reduction has been estimated to be "three to four times larger than the return to public spending on murram and tarmac roads." In addition, support for agroecological practices will fail to achieve the desired results if markets are not organized to protect farmers from volatile prices and the dumping of subsidized products on their local markets, which can seriously disrupt local production. Similarly, public procurement systems, fiscal incentives and credit, and land tenure policies - all areas on which the Special Rapporteur has made contributions in the past - must be aligned with the need to make the transition towards low-carbon and low-external-input modes of production in which farmers co-design the policies that affect them. The school-feeding programme in Brazil for instance, has been used as a leverage to support family farming through its public procurement scheme; future public procurements schemes should promote agroecological practices.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 43
- Paragraph text
- Moving towards sustainability is vital for future food security and an essential component of the right to food. But in order to succeed in this transformation, consistency will be required across a variety of areas. States will need to invest in multi-year efforts, based on strategies identifying the measures that should be adopted in order to make this transition.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 44
- Paragraph text
- [As part of their obligation to devote the maximum of their available resources to the progressive realization of the right to food, States should implement public policies supporting the adoption of agroecological practices by:] reorienting public spending in agriculture by prioritizing the provision of public goods, such as extension services, rural infrastructures and agricultural research, and by building on the complementary strengths of seeds-and-breeds and agroecological methods, allocating resources to both, and exploring the synergies, such as linking fertilizer subsidies directly to agroecological investments on the farm ("subsidy to sustainability");
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 44
- Paragraph text
- [As part of their obligation to devote the maximum of their available resources to the progressive realization of the right to food, States should implement public policies supporting the adoption of agroecological practices by:] making reference to agroecology and sustainable agriculture in national strategies for the realisation of the right to food and by including measures adopted in the agricultural sector in national adaptation plans of action (NAPAs) and in the list of nationally appropriate mitigation actions (NAMAs) adopted by countries in their efforts to mitigate climate change;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 44
- Paragraph text
- [As part of their obligation to devote the maximum of their available resources to the progressive realization of the right to food, States should implement public policies supporting the adoption of agroecological practices by:] supporting decentralized participatory research and the dissemination of knowledge about the best sustainable agricultural practices by relying on existing farmers' organisations and networks, and including schemes designed specifically for women;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Gender
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 44
- Paragraph text
- [As part of their obligation to devote the maximum of their available resources to the progressive realization of the right to food, States should implement public policies supporting the adoption of agroecological practices by:] improving the ability of producers practicing sustainable agriculture to access markets, using instruments such as public procurement, credit, farmers' markets, and creating a supportive trade and macroeconomic framework.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 45
- Paragraph text
- [Donors should:] engage in long-term relationships with partner countries, supporting ambitious programs and policies to scale up agroecological approaches for lasting change, including genuine multi-polar engagement with public authorities and experts and existing local organizations of food providers (farmers, pastoralists, forest dwellers) and the networks they form, such as ROPPA, ESAFF, La Via Campesina, and PELUM, which have accumulated experience that could be the basis for rapid scaling-up of best practices;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 45
- Paragraph text
- [Donors should:] fund regional and national knowledge platforms to gather and disseminate best practices in agroecology from the field to landscape levels.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 45
- Paragraph text
- [Donors should:] encourage South-South and North-South cooperation on the dissemination and adoption of agroecological practices;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 45
- Paragraph text
- [Donors should:] support agricultural development by investing in public goods rather than private goods, and encourage participatory approaches and co-construction in research, extension and public policies;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 46
- Paragraph text
- [The research community, including centres of the Consultative Group on International Agricultural Research and the Global Forum on Agricultural Research, should:] increase the budget for agroecological research at the field level (design of sustainable and resilient agroecological systems), farm and community levels (impacts of various practices on incomes and livelihoods), and national and sub-national levels (impact on socio-economic development, participatory scaling-up strategies, and impacts of public policies), and develop research with the intended beneficiaries according to the principles of participation and co-construction;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 46
- Paragraph text
- [The research community, including centres of the Consultative Group on International Agricultural Research and the Global Forum on Agricultural Research, should:] assess projects on the basis of a comprehensive set of performance criteria (impacts on incomes, resource efficiency, impacts on hunger and malnutrition, empowerment of beneficiaries, etc.) with indicators appropriately disaggregated by population to allow monitoring improvements in the status of vulnerable populations, taking into account the requirements of the right to food, in addition to classical agronomical measures.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 46
- Paragraph text
- [The research community, including centres of the Consultative Group on International Agricultural Research and the Global Forum on Agricultural Research, should:] train scientists in the design of agroecological approaches, participatory research methods, and processes of co-inquiry with farmers, and ensure that their organizational culture is supportive of agroecological innovations and participatory research;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Acroecology and the right to food 2011, para. 47
- Paragraph text
- At its 36th session, the Committee on World Food Security (CFS) requested its High-Level Panel of Experts (HLPE) to examine the respective roles of large-scale plantations and small-scale farming, and to review existing assessments and initiatives on the effects of climate change on food security and nutrition, with a view to informing the 37th CFS session. The HLPE and the CFS should assess the potential of agroecology to meet the current challenges in the areas of food security and nutrition, with a view to informing the preparation of the Global Strategic Framework for Food and Nutrition Security (GSF) in 2012, and to strengthening the consistency between the international agendas in the areas of climate change and agricultural development respectively.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Addendum - Mission to Azerbaijan: comments by the State on the report of the Special Rapporteur
- Body
- Special Rapporteur on the right to food
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/HRC/43/44/ADD.3
Document
Addendum - Mission to Zimbabwe: comments by the State on the report of the Special Rapporteur
- Body
- Special Rapporteur on the right to food
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/HRC/43/44/ADD.4
Document
Addendum- Report on mission to Zambia
- Body
- Special Rapporteur on the right to food
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/HRC/37/61/Add.1
Document
Assessing a decade of progress on the right to food
- Body
- Special Rapporteur on the right to food
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2013
- Document code
- A/68/288
Document
Assessing a decade of progress on the right to food 2013, para. 6
- Paragraph text
- The right to food has more to do with modes of production and issues of distribution than with levels of food production alone. It primarily aims to guarantee to each person, individually or as part of a group, permanent and secure access to diets that are adequate from the nutritional point of view, sustainably produced and culturally acceptable. Such access can be ensured through three channels that often operate in combination: (a) self-production; (b) access to income-generating activities; and (c) social protection, whether informally through community support or through State-administered redistributive mechanisms. As such, depending on the population concerned, the right to food is closely related to the right of access to resources such as land, water, forests and seeds, that are essential to those who produce food for their own consumption; the right to work, guaranteed under article 6 of the International Covenant on Economic, Social and Cultural Rights; and the right to social security, protected under article 9 of the Covenant.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 7
- Paragraph text
- The right to food seeks to ensure access to adequate diets. Although access is necessary for individuals to be adequately nourished, it is not the only requirement. Obviously, food availability is also required (which necessitates appropriate functioning of markets to ensure that foodstuffs can travel from the producers to the markets and from food-surplus regions to food-deficit regions). Access to health-care services and sanitation, as well as adequate feeding practices, are also essential. In this regard, the right to food is also closely connected to the right to health and to what is described as adequate "utilization".
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 8
- Paragraph text
- The contribution of the right to adequate food to the eradication of hunger and malnutrition operates at three levels. First, as a self-standing right recognized in international law and in a range of domestic constitutions, it imposes on States obligations to respect, protect and fulfil the right to adequate food. Second, the right to food encourages the transformation into legal entitlements of social welfare benefits that individuals or households receive under governmental food security schemes. Third, the right to food requires that States adopt national strategies to progressively realize the components of the right to food that cannot be immediately guaranteed. The significant progress achieved at each of these levels in recent years has been brought about by the interplay of different actors, including courts, parliaments, governments, national human rights institutions, civil society and social movements.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 9
- Paragraph text
- The right to food is increasingly stipulated in domestic constitutions, as recommended by Guideline 7 of the Right to Food Guidelines. In 1994, South Africa included the right to food in article 27 of the post-apartheid Constitution. Other countries have followed suit. The new Constitution of Kenya, approved by a popular referendum in 2010, states the right of every person "to be free from hunger and to have adequate food of acceptable quality"; like that of South Africa, the Constitution imposes on the State a duty to respect, protect, promote and fulfil that right. A 2011 study identified 24 States in which the right to food was explicitly recognized, although in about half of them, it was recognized for the benefit of a particular segment of the population only, such as children, and sometimes through another human right such as the right to life. Since that study was completed, articles 4 and 27 of the Constitution of Mexico were amended in order to insert the right to food. In El Salvador, Nigeria, and Zambia, processes of constitutional revision are under way that may lead to insertion of the right to food in the respective Constitutions. In other countries, such as Uganda and Malawi, ensuring access to adequate food and nutrition is defined as a principle of State policy. In Germany, the right to food is indirectly protected by the guarantee to a decent subsistence minimum so that everyone may live in dignity. In addition, among the countries that replied to the Special Rapporteur's questionnaire, a number, including Argentina and Norway, implicitly guarantee the right to food by granting constitutional rank or a rank superior to the Constitution to the International Covenant on Economic, Social and Cultural Rights and other international human rights treaties ratified by the State.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 10
- Paragraph text
- These are not symbolic advances. Victims of violations are entitled to "adequate reparation, which may take the form of restitution, compensation, satisfaction or guarantees of non-repetition" (see E/C.12/1999/5, para. 32). The recognition of the right to food in domestic law empowers courts or other independent monitoring bodies to impose compliance with the obligations of the State to respect, to protect and to fulfil the right to food. Significant progress has been made in this regard in recent years.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 11
- Paragraph text
- The obligation to respect requires that the State refrain from interfering with the existing levels of enjoyment of the right to food and that it guarantee existing entitlements, for instance, by ensuring that those who produce their own food be secure in their access to the resources, including land and water, on which they depend, or by ensuring that those who could have access to income-generating activities allowing them to purchase food are not denied such access.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 12
- Paragraph text
- Courts are generally well-equipped to enforce this obligation. In the case of Kenneth George and Others v. Minister of Environmental Affairs and Tourism, the High Court of South Africa ordered a revision of the Marine Living Resources Act, requiring the development of a new framework taking into account "international and national legal obligations and policy directives to accommodate the socioeconomic rights of [small-scale] fishers and to ensure equitable access to marine resources for those fishers". This resulted in the adoption of a new Small-Scale Fisheries Policy in May 2012, which recognizes the importance of small-scale fisheries in contributing to food security and as serving as a critical safety net against poverty. In Honduras, the Sectional Court of Appeal in San Pedro Sula granted a constitutional remedy in the Brisas del Bejuco case in order to prevent the eviction of a group of small-scale farmers, referring to the obligation of the State to protect the right to food under the International Covenant on Economic, Social and Cultural Rights. The African Commission on Human and Peoples' Rights has protected the resources on which the Ogoni people depend for their livelihoods against the damage caused by oil companies operating on their territories, a position reaffirmed in 2012 by the Court of Justice of the Economic Community of West African States. In all these cases, courts or quasi-judicial bodies have protected the right to food by prohibiting actions that would undermine the ability of individuals and communities to produce their own food.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 13
- Paragraph text
- The obligation to protect requires that the State protect individuals' enjoyment of the right to food against violations by third parties (namely, by other individuals or groups or private enterprises), including by establishing an adequate regulatory framework. Courts too may play a role by intervening where private actors violate the right to food. For instance, in a case on which the Special Rapporteur wrote a letter of allegation, the High Court of Uganda at Kampala ordered on 28 March 2013 that compensation be paid to 2,041 individuals who had been evicted from their land in August 2001, when the Government of Uganda gave the land to a German company to establish a coffee plantation. The Court not only held agents of the State liable but also stated that the investors "had a duty to ensure that our indigenous people were not exploited. They should have respected the human rights and values of people and as honourable businessmen and investors they should have not moved into the lands unless they had satisfied themselves that the tenants were properly compensated, relocated and adequate notice was given to them." This illustrates how courts are in a position to protect individuals against the action of third parties and how private enterprises also have a responsibility to respect human rights and to carry out human rights due diligence to identify, prevent, mitigate and account for how they address their impacts on human rights, as stipulated in the Guiding Principles on Business and Human Rights (see A/HRC/17/31, annex, paras. 6 and 17-21).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 14
- Paragraph text
- The obligation to fulfil has two components. First, States must "proactively engage in activities intended to strengthen people's access to and utilization of resources and means to ensure their livelihood, including food security" (see E/C.12/1999/5, para. 15).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 15
- Paragraph text
- It is sometimes believed that, owing to the fact that certain dimensions of the right to adequate food can be realized only progressively, courts have no role to play in adjudicating claims concerning the alleged insufficiency of measures adopted by the State to discharge this third-level obligation. This betrays a fundamental misunderstanding about the notion of progressive realization. Progressive realization is the opposite of passivity. It requires immediate steps that are deliberate, concrete and targeted and that aim to "move as expeditiously and effectively as possible" towards the full realization of economic, social and cultural rights (see E/1991/23-E/C.12/1990/8, annex III, paras. 2, 8 and 9).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 16
- Paragraph text
- Moreover, while the notion of progressive realization acknowledges that some aspects of the right to food may be realized only over time owing to resource constraints, including budgetary constraints, States still have a core obligation "to ensure for everyone under its jurisdiction access to the minimum essential food which is sufficient, nutritionally adequate and safe, to ensure their freedom from hunger" (see E/1991/23-E/C.12/1990/8, annex III, para. 10 and E/C.12/1999/5, para. 14). This obligation is immediate, as also reflected in the wording of article 11 (2) of the International Covenant on Economic, Social and Cultural Rights, referring to "the fundamental right of everyone to be free from hunger".
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 17
- Paragraph text
- Lastly, there are a range of measures that, in the circumstances of each case, may be identified as measures that are available to the State and that it therefore must take in order to discharge its duties to fulfil the right to food. For instance, recognizing that "illicit capital flight undermines the capacity of States parties to implement the African Charter on Human and Peoples' Rights and to attain the Millennium Development Goals", the African Commission on Human and Peoples' Rights has called upon States parties to that Charter "to examine their national tax laws and policies towards preventing illicit capital flight in Africa". Similarly, insufficiently progressive levels of taxation or the failure to adopt certain practices that have proved to be effective in comparable contexts may be considered a violation of the duty to fulfil. This would be the case, for example, if a State fails to call upon international assistance in situations of natural disaster or where, for whatever reason, it is unable with its own resources to guarantee the basic freedom from hunger. There is a growing consensus on the appropriate methodologies for concretely identifying when the resources dedicated to the fulfilment of economic and social rights are insufficient. The duty to move "as expeditiously as possible" towards that end is increasingly considered to lend itself to independent monitoring, including by courts.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 18
- Paragraph text
- Second, in situations of natural disaster or conflict, or "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" (see E/C.12/1999/5, para. 15). This component of the right to food has been invoked successfully before courts in recent years. In Nepal, the Supreme Court issued an interim order in 2008 for the immediate provision of food in a number of districts that food distribution programmes were not reaching, confirming and extending its initial order on 19 May 2010. It acted at the request of the non governmental organization Pro Public, which invoked the provisions of the 2007 interim Constitution of Nepal guaranteeing the fundamental right to food sovereignty and the right to a dignified life, as well as the international obligations of Nepal to fulfil the right to food. In Mexico, relying on the recent amendment to article 4 of the Constitution and the 2009 Food and Nutrition Security Law of the Federal District, one homeless person obtained on 22 March 2012 an injunction from the First District Administrative Judge of the Federal District, directed in particular against the Secretariat for Social Development and the National Coordination Office of the "Desarrollo Humano Oportunidades" programme for a failure of the authorities to comply with their obligation to protect the rights to health, to food and to housing. In May 2013, a juvenile court in Guatemala ordered 10 Government institutions to adopt a set of 26 specific measures to compensate damages caused to five children in two villages of Camotán, who were left malnourished as a result of the State's failure to provide support. The order was based on the 2005 Food and Nutrition Security Law and Guatemala's obligations under the International Covenant on Economic, Social and Cultural Rights. It included such restitution and compensation measures as food assistance, land distribution, water access, agricultural training and seed provision. Where the situation of individuals or communities is so desperate as to condemn them to hunger unless they are given support, courts routinely have relied on the right to life to impose such obligations to provide.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 19
- Paragraph text
- Despite the significant progress made in recent years, some dimensions of the right to food remain underdeveloped. This is especially the case as regards its extraterritorial dimensions. According to the Committee on Economic, Social and Cultural Rights, the duties associated with the right to food extend to all situations, whether located on a State's national territory or abroad, over which a State may exercise influence without infringing on the sovereignty of the territorial State (see E/C.12/2000/4, para. 39, E/C.12/2002/11, para. 31 and E/C.12/2011/1). This is reaffirmed in the Maastricht Principles on the extraterritorial obligations of States in the area of economic, social and cultural rights, adopted by a group of international law experts on 28 September 2011, as well as in the Guiding Principles on Extreme Poverty and Human Rights, endorsed by the Human Rights Council on 27 September 2012 (see A/HRC/21/39, para. 61). Yet, the mechanisms allowing victims of violations of the right to food in extraterritorial situations are often non-existent or hardly accessible in practice. On the whole, however, the examples above show a remarkable progress of the right to food since the Right to Food Guidelines were adopted.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 20
- Paragraph text
- Policies aimed at eradicating hunger and malnutrition that are grounded in the right to food shall redefine as legal entitlements benefits that have traditionally been seen as voluntary handouts from States. The right to food requires that schemes providing benefits, whether guaranteeing access to food or promoting agricultural and rural development and national social protection floors, be consolidated into legal entitlements, clearly identifying the beneficiaries and providing them with access to redress mechanisms if they are excluded. In the same spirit, paragraph 7 of International Labour Organization (ILO) Recommendation No. 202 concerning national floors of social protection provides that "national laws and regulations [establishing basic social security guarantees] should specify the range, qualifying conditions and levels of the benefits giving effect to these guarantees. Impartial, transparent, effective, simple, rapid, accessible and inexpensive complaint and appeal procedures should also be specified. Access to complaint and appeal procedures should be free of charge to the applicant. Systems should be in place that enhance compliance with national legal frameworks".
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 21
- Paragraph text
- This transforms the relationship between the authorities in charge of delivering the benefits and the beneficiaries into a relationship between duty-bearers and rights-holders. The institutionalization of social protection schemes facilitates decentralized monitoring of their implementation and broader accountability. It acts as a safeguard against elite capture, corruption, political clientelism or discrimination. Various studies also show that, in the absence of such safeguards, farm inputs as well as extension services may benefit primarily the elites or the best-connected households, leaving aside the poorest producers or those living in remote areas, as well as women.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 22
- Paragraph text
- Such institutionalization will be effective provided a number of conditions are fulfilled: the beneficiaries must be informed about their rights under the programme; the claims mechanisms that they must have access to should be established at a decentralized level and should be free and accessible without excessive formalities and without language barriers for ethnic groups; the claims mechanisms must have the capacity to process these claims and the power to prescribe remedies; they must act in ways that are independent and impartial; and the claimants should not be exposed to retaliation for exercising their rights.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 23
- Paragraph text
- Courts may contribute to strengthening benefits into legal entitlements. Following the filing of the public interest litigation Petition (Civil) No. 196/2001, People's Union for Civil Liberties v. Union of India and Others (PUCL), the Supreme Court of India derived from the right to life mentioned in article 21 of the Constitution a series of requirements articulating how various social programmes should be expanded and implemented in order to ensure that the population is guaranteed a basic nutritional floor. This is to this date the most spectacular case of a court protecting the right to food. The Court prohibited the withdrawal of the benefits provided under existing schemes, including feeding programmes for infants, pregnant and nursing mothers and adolescent girls; midday school meal programmes; pensions for the aged; and a cash-for-work programme for the able-bodied, thus converting such benefits into legal entitlements. Moreover, the Court expanded on and strengthened existing schemes, to ensure that they provide effective protection against hunger. For instance, it ordered that school meals be locally produced and be cooked and hot, whereas in the past children were fed with dry snacks or grain, and that preference be given, in the hiring of cooks, to Dalit women; it raised the level of old-age pensions; and, consistent with the idea that the schemes implement a constitutional right, it ordered their universalization, significantly expanding the number of beneficiaries. To supervise the implementation of its orders, the Court also established two independent Commissioners to monitor the implementation of programmes fulfilling the right to food throughout the country.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Person(s) affected
- Adolescents
- Children
- Girls
- Women
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 24
- Paragraph text
- Providing a legal framework to public programmes that aim to ensure food security may strengthen these programmes and ensure that they are maintained across time. The recent developments following the "right to food case" in India provide an example. On 5 July 2013, the Government adopted the National Food Security Ordinance, based on a legislative bill initially tabled in 2011. This new legislation is aimed at ensuring access to food throughout the life cycle for two thirds of the population of India through a combination of a variety of programmes that will henceforth be considered legal entitlements, making their removal unlikely even if political winds change.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 25
- Paragraph text
- From the point of view of the right to food, the provisions that ensure transparency and accountability in the implementation of the programmes are particularly noteworthy. As part of the reform of the Targeted Public Distribution System, all transactions relating to the distribution of foodgrains will be computerized, from the stage of procurement to the stage of delivery, "in order to ensure transparent recording of transactions at all levels and to prevent diversion" (sect. 12 (2) (b)); and the records are to be made available to the public (sect. 27). Periodic social audits must be performed on the functioning of the fair price shops, Targeted Public Distribution System and other welfare schemes and the findings will be publicized and lead to improvements (sect. 28 (1)). State governments are to put in place grievance redressal mechanisms, "which may include call centres, helplines, designation of nodal officers, or such other mechanism as may be prescribed" (sect. 14). Grievance Redressal Officers will be appointed at the level of each district, with a power to "hear complaints regarding non-distribution of entitled foodgrains or meals" and provide redress (sect. 15). Appeals against decisions by these officers may be filed before State Food Commissions established, within each State of the Union of India, to monitor and review implementation of the Ordinance (sect. 16). In addition to hearing appeals against decisions by District Grievance Redressal Officers, their powers include inquiring about implementation of the Ordinance, whether upon receiving complaints or at their own initiative; making recommendations for improvements; and preparing annual reports to the State Legislature. Finally, vigilance committees are to be established at the various levels, from the fair price shop level to the state level, with a view to ensuring proper implementation and alerting the District Grievance Redressal Officer to any violation (sect. 29).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 26
- Paragraph text
- The National Food Security Ordinance could be further improved. Questions relating to access to productive resources for food producers are omitted, and too little attention has been paid to issues of nutrition. For destitute persons, Grievance Redressal Officers established at the District level may be, in fact, inaccessible. Although they are to exercise quasi-judicial investigatory powers (sect. 20), the State Food Commissions, whose six members are to be appointed as provided by each State government, may not present the required guarantees of independence and impartiality to function effectively as monitoring bodies. The Ordinance nevertheless provides an example of a food security law that defines as legal entitlements a large range of benefits that are aimed at ensuring that people are not denied access to food simply because they are poor, and establishes a set of accountability mechanisms at different levels.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 27
- Paragraph text
- Although remarkable, the example is of course not isolated. In fact, in most countries, social protection schemes and support to food producers are provided for in the law, and lack of implementation can be remedied by courts. However, formal redress mechanisms through the judicial system may be inaccessible to the destitute, who lack any legal literacy and have no support, or to communities who fear all organs of the State. Such groups must have access to alternative redress mechanisms.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 28
- Paragraph text
- Social audits, in particular, have proved to be particularly useful to the poor and illiterate, both because they are more proximate and because they involve communities rather than individuals acting alone. They may take different forms. Government officials may have to report publicly to village assemblies on the use of funds allocated to certain programmes and on the allocations received by each of the beneficiaries. The revenues of and disbursements by public authorities at all levels may have to be published on the Internet, allowing non-governmental organizations to track instances of misuse or diversion of funds. In Rajasthan, the 2012 Right to Hearing Act and the accompanying Orders of 9 April 2013 provide that the filing of claims at the panchayat level will be facilitated through a Hearing Officer; the claimants must be given a receipt and strict deadlines apply for a written response to be provided by the administration; regular public hearings are organized at various levels, obliging officials to provide justifications in public and ensuring that claimants will not be intimidated as in face-to-face meetings.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 29
- Paragraph text
- Other examples include the parallel vigilance committees set up in 1992 by women from low-income neighbourhoods in Mumbai to monitor the fair price shops under the Public Distribution System; the public expenditure tracking surveys in Ghana, Uganda and the United Republic of Tanzania to identify diversion of funds in the health and education sectors; citizens' report cards in India, the Philippines and a range of African countries, through which citizens rate the quality of the public services they are provided; community score cards in the Gambia, Kenya and Malawi, which combine report cards with public meetings between communities and public service providers; participatory audits in the Philippines or as conducted by Javanese farmers in Indonesia. Beyond post hoc accountability, participation may extend to the design of policies and the ranking of budgetary priorities: in Brazil, following the example of Porto Alegre, a number of cities have elaborated participatory budgets.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 30
- Paragraph text
- Social audits can also be an effective means of empowering women within the local communities, if their views are sought expressly and if the community auditing exercise is considered valid only once they are adequately represented. Importantly, such social audits can go beyond the local-level service provider. Where the reason for faulty delivery resides in inadequate allocations from the centre, social audits can strengthen the position of local service providers vis-à-vis other levels of government.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 31
- Paragraph text
- Social audits can be effective provided a number of conditions are met, including: (a) adequate information to beneficiaries on the entitlements they have a right to claim; (b) wide publicity to ensure broad participation across all segments of the community; (c) adequate information on inputs or expenditures, making it possible to track discrepancies with actual delivery of services; (d) technical competence of an intermediary group to facilitate the process; and (e) choice of indicators and appropriate level of the community involved.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 32
- Paragraph text
- Laws guaranteeing a right to information can also contribute to improving accountability in the delivery of public programmes and may be key to social audits. Research shows the effectiveness of freedom of information or transparency laws in ensuring access by citizens to entitlements, as well as the benefits of such laws for the poor or those without political connections. Right to information acts, such as those in Bangladesh, Brazil, Chile, India, Norway and Pakistan, may be used by beneficiaries to access information by filing an application to demand copies of records or by visiting a public office in order to examine the records and files. For example, in India, under the National Rural Employment Guarantee Act, the attendance sheet details the names of workers, how many days of work they have completed, and the quantity of work completed (on the basis of which payment is calculated), while under the Targeted Public Distribution System, beneficiaries can tally the distribution register with their ration card to prove that rations meant for them have been sold in the black market, allowing the detection of fraudulent practices.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 33
- Paragraph text
- The right to food also contributes to policies aimed at eradicating hunger and malnutrition by ensuring that such policies comply with the principles of participation, accountability, non-discrimination, transparency, human dignity, empowerment and the rule of law. Each of these principles has a foundation in international human rights law, particularly in the right to participate in public affairs, in the right to an effective remedy, and in the prohibition of discrimination. Together, they serve to address the political economy questions that play such an important part in explaining the failure to achieve durable success in tackling hunger and malnutrition. Framework laws designed in conformity with these principles allow those affected by hunger and malnutrition to co-design the policies that seek to support them. National right to food strategies ensure that the efforts made are adequately coordinated and responsibilities for implementation properly allocated.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 34
- Paragraph text
- Latin America has been leading the movement towards the adoption of framework laws in support of the realization of the right to food. Food and nutrition security laws grounded in the right to food have been adopted in rapid succession in Argentina (2003), Guatemala (2005), Ecuador (2006 and 2009), Brazil (2006), Venezuela (2008), Colombia (2009), Nicaragua (2009) and Honduras (2011). Most recently, following the launch in Mexico of the "Crusade against Hunger" - itself anchored in the right to food as inserted in the Constitution in 2011 - and after the Legislative Assembly of the Federal District of Mexico adopted a framework law in 2009, a decree adopted on 22 January 2013 by the Secretariat of Social Development established the National System for the Crusade against Hunger. The decree creates the Interministerial Commission for the Implementation of the Crusade against Hunger (composed of 19 ministerial departments/institutions); establishes a National Council of the Crusade against Hunger, an inclusive body allowing for a permanent dialogue with the private and social sectors, the academic community and international actors; and creates community committees composed of beneficiaries of social programmes.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 35
- Paragraph text
- This wave of legislative reforms is continent-wide. Similar laws are currently being considered in Bolivia (Plurinational State of), Costa Rica, the Dominican Republic, El Salvador, Haiti, Panama, Paraguay and Peru. To further promote these developments, the Latin American Parliament (PARLATINO), of which 23 Latin American countries are members, adopted a model Framework Law on the Right to Food, Food Security and Food Sovereignty on 1 December 2012 at its XVIIIth General Assembly. The Framework Law underlines the duty of the State to respect, protect and promote the enjoyment of the human right to food and to guarantee the mechanisms to make the right justiciable.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 36
- Paragraph text
- The remarkable progress achieved over the past decade in Latin America is the result of the combined efforts of civil society, social movements, parliamentarians and national human rights institutions. FAO support to the Hunger-Free Latin America and the Caribbean Initiative played a major role, together with the support given to this process by the FAO Right to Food Unit and OHCHR, including through its country and subregional offices in the region.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 37
- Paragraph text
- The dedication of parliamentarians is particularly noteworthy. The Parliamentary Front against Hunger serves as a network for sharing best practices among national parliaments to encourage the drafting and adoption of legislation that improves the protection of the right to food. A number of parliamentary fronts have also been established at the national level. These fronts have been strengthened by initiatives taken by such regional parliamentary institutions as PARLASUR, PARLATINO, the Andean Parliament, the Central American Parliament and the Forum of Presidents of Legislative Powers of Central America and the Caribbean. In November 2011, the Central American Parliament also created a Subregional Front.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 38
- Paragraph text
- Progress is being made on this front in other regions as well. The 2011 Zanzibar Food Security and Nutrition Act affirms the obligations to respect, protect and fulfil the right to food; establishes a National Food Security and Nutrition Council; and instructs sector ministers to account for food security and nutrition concerns in their policies and programmes and to include adequate resources in their budgets. In Malawi, a proposal was made by civil society organizations in 2010 for a national food security bill. In Mozambique, the Technical Secretariat for Food and Nutritional Security, an interministerial coordination body, led an inclusive process to the same effect. In Uganda, the Nutrition Action Plan 2011-2016 mentions the need to fast-track the adoption of the Food and Nutrition Bill, which should lead to the adoption of a Food and Nutrition Council. Senegal and Mali, in 2004 and 2006, respectively, adopted framework laws that are centred on the establishment of agricultural policies, allowing farmers' organizations to contribute to the design of such policies. Although restricted to the agricultural sector and not extending to food security policies as a whole, they are a first and promising attempt to improve accountability and participation. In Indonesia, a Food Law (18/2012) was passed in November 2012 where the right to food, food sovereignty and food self-sufficiency are important pillars; a national food security agency should be established before 2015. Thailand adopted the 2008 National Food Committee Act, establishing a body composed of 11 ministers and four secretariats, as well as seven independent experts, tasked in particular to promote the adoption of food security strategies and to "control, monitor and evaluate the outcomes of policies and strategies" adopted in this area (section 10 (5)).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 39
- Paragraph text
- Such framework laws may set targets for Governments to achieve, allocating responsibilities for taking action to different branches of government and coordinating their action. Typically, however, these framework laws are procedural in nature: they establish institutions and define a process, without prejudging the outcome, and leaving it to the actors involved to design a cross-sectoral right to food strategy. These framework laws ensure that such strategies are designed and continuously monitored through an inclusive and participatory process involving government and civil society organizations. They do so by establishing national food security councils, often linked to the highest level of government and including as members both representatives from relevant ministerial departments and civil society. It is not unusual for such councils to provide recommendations to an interministerial task force, ensuring intersectoral coordination across departments. In Brazil, the National Council on Food and Nutrition Security, two thirds of the members of which represent civil society organizations, has a consultative nature, addressing recommendations to the Inter-Ministry Chamber of Food and Nutrition Security, the interdepartmental task force in charge of implementing the national food security strategy (see A/HRC/13/33/Add.6, para. 14). In other countries, such as Guatemala and Ecuador, the body can make binding decisions (for Guatemala, see A/HRC/13/33/Add.4).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 40
- Paragraph text
- The involvement of civil society and farmers' organizations in the design and implementation of policies aiming at the eradication of hunger and malnutrition ensures that such policies will not be driven by political expediency. However, one of the shortcomings of current food and nutrition security systems and legal frameworks is that they do not designate the judicial, quasi-judicial and administrative bodies to which claims relating to the violation of the right to food can be presented, nor are sanctions for non-compliance set out in national law. Framework laws could be strengthened by providing recourse mechanisms to the individuals or organizations aggrieved by their lack of implementation, for instance if the Food and Nutrition Security Council does not meet as provided or if its recommendations receive no response.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 41
- Paragraph text
- Such a legal framework may allow for the ring-fencing of resources, ensuring that the policies that are integrated within food security strategies will be funded, without being taken hostage by changing political majorities. In Argentina, for instance, Law No. 25.724 establishing the National Programme for Food and Nutrition Security sets up a Special Food and Nutrition Fund for the implementation of the Programme. The Fund is financed through annual budget allocations from the national budget and contributions from external donors. However, the Fund is of "intangible character": if the funds available appear insufficient to achieve the objectives of the Programme, the Chief of the Cabinet of Ministers may reallocate any additional funds needed. Similarly, the draft national food security bill prepared by civil society in Malawi anticipates the creation of a specific trust fund to finance food security policies placed under the umbrella of the council that the bill aims to create. In Mali, the 2006 Law on Agricultural Policy created a National Fund for Agricultural Development, to ensure adequate financing of agricultural policies. Similar provisions for special Funds are included in Nicaragua's 2009 Law on Food and Nutritional Security and Sovereignty, although implementation measures still must be adopted.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 42
- Paragraph text
- The Committee on Economic, Social and Cultural Rights recommends that States parties to the International Covenant on Economic, Social and Cultural Rights work towards "the adoption of a national strategy to ensure food and nutrition security for all, based on human rights principles that define the objectives, and the formulation of policies and corresponding benchmarks" (see general comment No. 12, para. 21). Similarly, Guideline 3 of the FAO Right to Food Guidelines encourages the adoption of "a national human-rights based strategy for the progressive realization of the right to adequate food … [which] could include objectives, targets, benchmarks and time frames; and actions to formulate policies, identify and mobilize resources, define institutional mechanisms, allocate responsibilities, coordinate the activities of different actors, and provide for monitoring mechanisms".
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 43
- Paragraph text
- Such strategies fulfil three key functions. First, they identify the measures to be adopted, assigning responsibilities across different departments and imposing deadlines. This increases accountability: failure to deliver will be noticed and will be imputable to specific bodies that will be called upon to justify lack of implementation; and monitoring by independent bodies, including courts, national human rights institutions or food and nutrition security councils, is facilitated. Such monitoring and evaluation of food security policies ensure permanent feedback and thus learning from experience, so that the policies are constantly improved in the light of successes and failures in implementation.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 44
- Paragraph text
- Second, they allow for a whole-of-government approach, in which various policies in the areas of health care, education, employment and social protection, agriculture and rural development are coordinated. This favours the identification of synergies among programmes that fall under the responsibility of different departments, such as school-feeding programmes that source from local small-scale producers or food-for-work programmes that improve rural infrastructures. This coordinating function is also important in States with a federal structure, to improve alignment among policies pursued at different levels of government: in Mexico, one of the tasks of the Interministerial Commission for the Implementation of the Crusade against Hunger is to promote integrated agreements between entities at the federal and municipal level. Similarly, in an increasing number of States, food policy councils are being established at the local level, either at the initiative of municipalities or by citizens. These multi-stakeholder councils have a key role to fulfil in democratizing the food systems and in identifying synergies among different policy sectors at the local level: national-level strategies can support this by ensuring that such local-level initiatives are strengthened, rather than undermined, by various sectoral policies.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 45
- Paragraph text
- Third, multi-year strategies make it possible to combine short-term approaches (that prioritize access to food for the hungry) and long-term concerns (removing the structural causes of hunger), building bridges across them. This is especially important where, as is often the case for low-income countries, years of underinvestment in agriculture has led them to increase their dependency on food imports and food aid, leading to a vicious cycle in which imports and aid discourage local production, which in turn increases dependency, increasing vulnerability in a context of higher and more volatile prices on international markets. Such countries must gradually reinvest in local production and social protection, but the transition from a high dependency on food aid and imports must be managed across time: a multi-year strategy facilitates the management of such a transition.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 46
- Paragraph text
- Providing such a predictable framework is essential to attract investors and to allow the private sector to adapt to what the strategy entails. It is also important for public programmes to bridge the gap between short-term and ad hoc approaches and longer-term objectives. For instance, it has been found that school-feeding programmes work best when they are part of multi-year strategies, with predictable and secured funding. This favours investment in local food producers supplying the programme and in the skills required to implement it, including cooking skills that must be mobilized within schools or community kitchens serving schools.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 47
- Paragraph text
- The increasing recognition of the importance of a legal and policy framework grounded in the right to food reflects a growing understanding that hunger is not simply a problem of supply and demand, but primarily a problem of a lack of access to productive resources such as land and water for small-scale food producers; limited economic opportunities for the poor, including through employment in the formal sector; a failure to guarantee living wages to all those who rely on waged employment to buy their food; and gaps in social protection.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Poverty
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 48
- Paragraph text
- The remarkable success of Brazil in reducing child malnutrition rates over the past 15 years bears witness to the power of strategies such as "Zero Hunger" and participatory approaches. Beyond that example, recent research shows that countries that have made significant progress in reducing malnutrition present a number of common characteristics. First, they sought to adopt a multisectoral approach to combating hunger and malnutrition. Their strategies combined attention to agriculture, with the mainstreaming of nutrition in health-care policies, and coordinated policies in the areas of education, gender, water, sanitation and habitat, pro-poor economic development (both through employment and income generation for the poor and through social development), and trade. Second, in almost all cases, the political impetus at the highest level of government was a key factor. Change was achieved after Governments placed food and nutrition security at the top of the political agenda and adopted strategies specifically aimed at combating hunger and poverty. Third, civil society participation and empowerment were essential, contributing to the sustainability of policies across time and improving their acceptance and impact among affected populations. Fourth, multiphased approaches were the most effective, as allowed by multi-year national strategies combining both short-term interventions and long-term approaches to nutrition. Fifth, the establishment of institutions monitoring progress ensured that the political pressure remained present throughout the implementation phase of the strategy and that the resources were committed. Sixth, the continuity of financial investment from national resources, supplemented with external matching funds, was vital: one-time efforts, over short periods, failed to achieve significant impact.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Poverty
- Person(s) affected
- Children
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 49
- Paragraph text
- These are the ingredients of success that approaches grounded in the right to food provide. All branches of government - legislative, executive and judiciary - have a responsibility to contribute to this implementation. As illustrated by the range of examples above, the protection of the right to food requires a legislative framework, policies implementing food security strategies, and enforcement through judicial means. Yet, even that may not suffice. Various veto points may make it difficult for political systems to create the requisite conditions for accountability. The poor are often a constituency that matters less to politicians. The poor may experience considerable difficulties in accessing judicial redress mechanisms, which is why social audits matter. The role of other actors, national human rights institutions and civil society, is therefore essential.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 50
- Paragraph text
- National human rights institutions established in conformity with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles; see General Assembly resolution 48/134, annex) can play a crucial role in monitoring compliance with the right to adequate food and, where they have such competence, to examine complaints filed by aggrieved individuals. In India, investigations by the National Human Rights Commission facilitated the work of the Supreme Court and that of the Commissioners of the Court by inquiring into the implementation of schemes securing livelihoods. In Colombia, the Office of the Public Defender presented a report on the implementation of the 2008 National Food and Nutrition Security Policy, recommending improvements to the legal framework and to mechanisms ensuring coordination. In Guatemala, the Office of the Human Rights Ombudsman has a specific mandate to monitor the implementation of the national food and nutrition security policy. Its 2011 report regretted persistent coordination failures despite the establishment of the National Council on Food and Nutrition Security, and its 2012 report encouraged improved funding for food and nutrition security programmes, which remain highly dependent on foreign aid. In El Salvador, the Office of the Human Rights Ombudsman has prepared three national reports since 2007 proposing the development of an appropriate legal and political food and nutrition security framework to guarantee the right to food. National human rights institutions in a range of other countries, including Cameroon, Honduras, Malawi, Slovenia, South Africa and Venezuela (Bolivarian Republic of), monitor violations of the right to food. In Norway, an important function of the Parliamentary Ombudsman is to investigate complaints concerning social security benefits.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 51
- Paragraph text
- National human rights institutions, ombuds institutions or human rights ombudsmen may go beyond monitoring violations and reporting. They occasionally may seize judicial authorities or trigger action by food and nutrition security councils established under framework laws on the right to food. In Argentina, the National Ombudsman requested in 2007 that the Supreme Court order the national State and the Government of Chaco Province to provide food and drinking water to the province's indigenous Toba communities. In Brazil, a similar role can be played by the Public Ministry, which is composed of independent public prosecutors that can hold public authorities accountable in the implementation of programmes relating to food and nutrition.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 52
- Paragraph text
- The major advantages of national human rights institutions or equivalent institutions are their independence and the flexibility with which they can exercise their mandates. This allows innovative solutions to develop. For instance, the South African Human Rights Commission supported the Southern Africa Food Security Change Lab, linking the various actors of the food chain with non-governmental organizations, academics, and Government officials in the search for innovative solutions that can improve the sustainability of the food chains (see A/HRC/19/59/Add.3, para. 32). National human rights institutions can also recommend the adoption of legislation protecting the right to food or ensure that national food security policies adopt a rights-based approach, as was done by the Uganda Human Rights Commission with regard to the Nutrition Action Plan 2011-2016.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 53
- Paragraph text
- The mobilization of civil society and social movements has played a key role in support of the legal developments described in the present report. The 2011 reform that led to the insertion of the right to food in the Constitution of Mexico followed 20 years of advocacy by civil society groups, initiated in 1992 when 130 organizations forming the Mexican Front for the Right to Food presented to the national Chamber of Deputies a petition for the constitutional recognition of the right to food; the same coalition is now actively preparing a food and nutrition security framework law. Similarly, in Brazil, the proposal that led to the 2010 constitutional amendment recognizing the right to food was initially presented by a member of Parliament in 2003 and subsequently promoted by the President of the national Parliamentary Front for Food and Nutrition Security, Mr. José Nazareno Fonteles, with the support of various civil society organizations. In India, the right to food case before the Supreme Court led to the emergence of a broad network of individuals and organizations, the Right to Food Campaign, which has played an essential role in providing the court with information about the implementation of social programmes and in monitoring compliance with its orders.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 54
- Paragraph text
- In Haiti, a national platform of civil society organizations was a major driving force behind the adoption in March 2010 of the National Plan for Food Security and Nutrition elaborated by the National Food Security Council. In Nepal, the non governmental organization Pro Public was instrumental in the right to food case brought before the Supreme Court, mentioned in paragraph 18 above. The Bangladesh Rehabilitation Assistance Committee, a well-known non-governmental organization, has also been instrumental in scaling up the anti-hunger social protection network. In the Dominican Republic and Paraguay, civil society organizations are playing an active role in support of the adoption of food and nutrition security laws.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 55
- Paragraph text
- Civil society actors can develop their own, original monitoring methods, as in Brazil where they established a National Rapporteur for the Human Right to Land, Territory and Food, whose legitimacy allows him/her to become an interlocutor with the authorities. A growing number of civil society organizations such as FIAN International, the International Federation for Human Rights, Rights and Democracy, the Center for Economic and Social Rights or the Social Collective for the Right to Food have produced reports assessing the implementation of the right to food reports in various countries.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 56
- Paragraph text
- The launch of the Global Network on the Right to Food and Nutrition in Vienna on 24 June 2013, on the occasion of the twentieth anniversary of the Vienna Declaration and Programme of Action, further confirms the strength of the right to food movement, across different components of society and across regions.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 57
- Paragraph text
- The emergence of a global right to food movement is an opportunity to be seized. Together with the adoption of framework laws on the right to food and of rights-based national food strategies, it represents a chance to move towards policies that are designed in a more participatory fashion and are therefore better informed and reach all intended beneficiaries; that guarantee legal entitlements and are therefore monitored by the beneficiaries themselves; that ensure the appropriate coordination and synergies - between the short-term aim of eradicating hunger and the long-term objective of removing its causes, between different sectors of government, and between the local and the national levels. The right to food has come to the fore as Governments realize that their efforts to combat food insecurity and hunger have been failing and realize the urgent need to strengthen national legal, institutional and policy frameworks. As the examples highlighted in the present report show, the tools are starting to be put into use. However, additional steps must be taken to make effective and sustainable progress in the fight against hunger and malnutrition.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58a
- Paragraph text
- [In particular, the Special Rapporteur encourages:] Governments and parliaments, at the national level, to work towards the adoption of right to food framework laws and to explore the option of including the right to food in national constitutions, seeking inspiration from the experiences of other countries, including the best practices identified in the present report;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58b
- Paragraph text
- [In particular, the Special Rapporteur encourages:] Governments to design multi-year, multisectoral national strategies for the realization of the right to food that are adequately funded and involve all relevant sectors and departments and are designed on the basis of inclusive and participatory processes;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58c
- Paragraph text
- [In particular, the Special Rapporteur encourages:] Civil society and social movements to form broad-based national networks to enable them to contribute more effectively to policymaking and monitoring, including through their representation in inclusive national right to food/food and nutrition security councils;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58d
- Paragraph text
- [In particular, the Special Rapporteur encourages:] Courts to recognize the justiciable nature of the right to food, in all its dimensions, as illustrated by the examples collected in the present report;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58e
- Paragraph text
- [In particular, the Special Rapporteur encourages:] States to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the entry into force of which will further encourage the development of a jurisprudence protecting the right to food;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58f
- Paragraph text
- [In particular, the Special Rapporteur encourages:] National human rights institutions and other comparable independent mechanisms to integrate more fully the right to food in their work, assigning human and financial resources to that endeavour;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58g
- Paragraph text
- [In particular, the Special Rapporteur encourages:] Non-judicial accountability mechanisms to be established in the form of social audits that can operate through community-based monitoring at the local level;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58h
- Paragraph text
- [In particular, the Special Rapporteur encourages:] National social protection systems to redefine benefits as legal entitlements so that individual beneficiaries are informed about their rights under social programmes and have access to effective and independent grievance redressal mechanisms;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58i
- Paragraph text
- [In particular, the Special Rapporteur encourages:] The FAO Committee on World Food Security to serve as a catalyst to accelerate progress towards the establishment of legal, institutional and policy frameworks that are conducive to the full realization of the right to food for all, and to use the review of the implementation of the Right to Food Guidelines at its forty-first session in 2014 to encourage all member States to make effective use of the right to food to eradicate hunger and malnutrition;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2013
Paragraph
Assessing a decade of progress on the right to food 2013, para. 58j
- Paragraph text
- [In particular, the Special Rapporteur encourages:] States, in order to ensure consistency between domestic policies aimed at the full realization of the right to food and external policies in the areas of trade, investment, development and humanitarian aid, and in accordance with the Guiding Principles on Extreme Poverty and Human Rights, to develop mechanisms that ensure that the right to food is fully taken into account in those policies.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Conflict and the right to food
- Body
- Special Rapporteur on the right to food
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/HRC/52/40
Document
Effects of pesticides on the right to food
- Body
- Special Rapporteur on the right to food
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/34/48
Document
Effects of pesticides on the right to food 2017, para. 1
- Paragraph text
- The present report of the Special Rapporteur on the right to food was written in collaboration with the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes. Pesticides, which have been aggressively promoted, are a global human rights concern, and their use can have very detrimental consequences on the enjoyment of the right to food. Defined as any substance or mixture of substances of chemical and biological ingredients intended to repel, destroy or control any pest or regulate plant growth, pesticides are responsible for an estimated 200,000 acute poisoning deaths each year, 99 per cent of which occur in developing countries, where health, safety and environmental regulations are weaker and less strictly applied. While records on global pesticide use are incomplete, it is generally agreed that application rates have increased dramatically over the past few decades.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 2
- Paragraph text
- Despite the harms associated with excessive and unsafe pesticide practices, it is commonly argued that intensive industrial agriculture, which is heavily reliant on pesticide inputs, is necessary to increase yields to feed a growing world population, particularly in the light of negative climate change impacts and global scarcity of farmlands. Indeed, over the past 50 years, the global population has more than doubled, while available arable land has only increased by about 10 per cent. Evolving technology in pesticide manufacture, among other agricultural innovations, has certainly helped to keep agricultural production apace of unprecedented jumps in food demand. However, this has come at the expense of human health and the environment. Equally, increased food production has not succeeded in eliminating hunger worldwide. Reliance on hazardous pesticides is a short-term solution that undermines the rights to adequate food and health for present and future generations.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 3
- Paragraph text
- Pesticides cause an array of harms. Runoff from treated crops frequently pollute the surrounding ecosystem and beyond, with unpredictable ecological consequences. Furthermore, reductions in pest populations upset the complex balance between predator and prey species in the food chain, thereby destabilizing the ecosystem. Pesticides can also decrease biodiversity of soils and contribute to nitrogen fixation, which can lead to large declines in crop yields, posing problems for food security.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 4
- Paragraph text
- While scientific research confirms the adverse effects of pesticides, proving a definitive link between exposure and human diseases or conditions, or harm to the ecosystem presents a considerable challenge. This challenge has been exacerbated by a systematic denial, fuelled by the pesticide and agroindustry, of the magnitude of the damage inflicted by these chemicals, and aggressive, unethical marketing tactics remain unchallenged.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 5
- Paragraph text
- Exposure to pesticides can have severe impacts on the enjoyment of human rights, in particular the right to adequate food, as well as the right to health. The right to food obligates States to implement protective measures and food safety requirements to ensure that food is safe, free from pesticides and qualitatively adequate. Furthermore, human rights standards require States to protect vulnerable groups, such as farm workers and agricultural communities, children and pregnant women from the impacts of pesticides.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 6
- Paragraph text
- Although certain multinational treaties and non-binding initiatives offer some limited protections, a comprehensive treaty that regulates highly hazardous pesticides does not exist, leaving a critical gap in the human rights protection framework.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 7
- Paragraph text
- Without or with minimal use of toxic chemicals, it is possible to produce healthier, nutrient-rich food, with higher yields in the longer term, without polluting and exhausting environmental resources. The solution requires a holistic approach to the right to adequate food that includes phasing out dangerous pesticides and enforcing an effective regulatory framework grounded on a human rights approach, coupled with a transition towards sustainable agricultural practices that take into account the challenges of resource scarcity and climate change.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 8
- Paragraph text
- Hazardous pesticides impose substantial costs on Governments and have catastrophic impacts on the environment, human health and society as a whole, implicating a number of human rights and putting certain groups at elevated risk of rights abuses.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 9
- Paragraph text
- Few people are untouched by pesticide exposure. They may be exposed through food, water, air, or direct contact with pesticides or residues. However, given that most diseases are multi-causal, and bearing in mind that individuals tend to be exposed to a complex mixture of chemicals in their daily lives, establishing a direct causal link between exposure to pesticides and their effects can be a challenge for accountability and for victims seeking access to an effective remedy. Even so, persistent use of pesticides, in particular agrochemicals used in industrial farming, have been connected to a range of adverse health impacts, both at high and low exposure levels.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 10
- Paragraph text
- Pesticide poisonings remain a serious concern, especially in developing countries, even though these nations account for only 25 per cent of pesticide usage. In some countries, pesticide poisoning even exceeds fatalities from infectious diseases. Tragic accidents involving poisoning include an incident in 1999 in Peru, where 24 schoolchildren died following the consumption of the highly toxic pesticide parathion, which had been packaged so that it was mistaken for powdered milk. Other cases include the deaths of 23 children in India in 2013 after consuming a meal contaminated with the highly hazardous pesticide monocrotophos; the poisoning of 39 preschool children in China in 2014 from consumption of food containing residues of the pesticide TETs; and the deaths of 11 children in Bangladesh in 2015 after eating fruits laced with pesticides.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 11
- Paragraph text
- Unfortunately, there are no reliable, global statistics on the number of people who suffer from pesticide exposure. Recently, the non-profit organization Pesticide Action Network estimated that the number of people affected annually by short- and long-term pesticide exposure ranged between 1 million and 41 million.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 12
- Paragraph text
- Of grave concern are the impacts of chronic exposure to hazardous pesticides. Pesticide exposure has been linked to cancer, Alzheimer’s and Parkinson’s diseases, hormone disruption, developmental disorders and sterility. They can also cause numerous neurological health effects such as memory loss, loss of coordination, reduced visual ability and reduced motor skills. Other possible effects include asthma, allergies and hypersensitivity. These symptoms are often very subtle and may not be recognized by the medical community as a clinical effect caused by pesticides. Furthermore, chronic effects of pesticides may not manifest for months or years after exposure, presenting a significant challenge for accountability and access to an effective remedy, including preventive interventions.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 13
- Paragraph text
- Despite grave human health risks having been well established for numerous pesticides, they remain in use. Even where pesticides have been banned or restricted, the risk of contamination can persist for many decades and they may continue to accumulate in food sources. In many cases, possible health impacts have not been extensively studied before pesticides are placed on the market. This is particularly true for “inactive” ingredients that are added to enhance the effectiveness of the pesticide’s active ingredient and that may not be tested and are seldom disclosed on product labels. Moreover, the combination effects of exposure to multiple pesticides in food, water, soil and air have not been adequately studied.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 14
- Paragraph text
- Certain groups are at substantially higher risk of pesticide exposure, as detailed below.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 15
- Paragraph text
- Agricultural workers are routinely exposed to toxic pesticides via spray, drift or direct contact with treated crops or soil, from accidental spills or inadequate personal protective equipment. Even when following recommended safety precautions, those applying pesticides are subject to higher exposure levels. Families of agricultural workers are also vulnerable, as workers bring home pesticide residues on their skin, clothing and shoes.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- Families
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 16
- Paragraph text
- Studies in developed countries show that annual acute pesticide poisoning affects nearly 1 in every 5,000 agricultural workers. Globally, however, it is unknown what percentage of farmworkers experience acute pesticide poisoning owing to a lack of standardized reporting. Poor enforcement of labour regulations and lack of health and safety training can elevate exposure risks, while many Governments lack the infrastructure and resources to regulate and monitor pesticides.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 17
- Paragraph text
- The exposure risk of children engaged in agricultural work is particularly alarming. Although little data are available, the International Labour Organization estimates that about 60 per cent of child labourers worldwide work in agriculture, and children often make up a substantial portion of the agricultural workforce in developing countries. Their increased sensitivity to the hazards of pesticides, the inadequacy of protective equipment and their lack of experience may leave them particularly exposed.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 18
- Paragraph text
- Seasonal and migrant workers are also more vulnerable, as they may work temporarily at various agricultural sites, multiplying their exposure risk to pesticides. Language barriers may further prevent these workers from understanding labels and safety warnings, they may experience poor working conditions without access to adequate safety equipment and they may have difficulty accessing medical care and compensation for pesticide-related diseases. Workers may also have little control over the types of pesticides used.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 19
- Paragraph text
- Those living close to industrial agricultural lands and plantations may also be at grave risk of pesticide exposure. Aerial pesticide spraying is particularly dangerous, as chemicals can drift to nearby locations. Communities may be forced to reside closer to pesticide use areas owing to financial or other constraints, and the malnutrition that may accompany extreme poverty can exacerbate the adverse health effects of toxic pesticides. For example, low levels of protein, resulting in low enzyme levels, enhance vulnerability to organophosphate insecticides.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 20
- Paragraph text
- Examples of exposure owing to proximity to plantations include Costa Rica, where children living close to banana plantations were found to be exposed to high levels of insecticides. In India, inhabitants of the Padre village in the State of Kerala, located near cashew plantations, were found to suffer from high rates of illness and death that have been linked to the highly hazardous pesticide endosulfan; disability rates among inhabitants are reportedly 73 per cent higher than the overall rates for the entire state.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 21
- Paragraph text
- During the 1970s, the pesticide DCBP was used extensively on banana and pineapple plantations around the world. In Davao, the Philippines, where the pesticide was used in the 1980s, high levels of sterility were scientifically proven to have resulted from exposure. Other conditions, including cancer, asthma, tuberculosis and skin disease, were also detected, but a linkage was not scientifically proven. While local authorities banned aerial spraying following community protests, the Supreme Court of the Philippines reversed the ban, allegedly under pressure from banana corporations. Further, suits brought by plantation workers have been dismissed, leaving victims without compensation. Twenty years on, despite a global ban on DBCP, soils and water sources remain contaminated.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 22
- Paragraph text
- In various countries, agribusinesses have taken over lands belonging to indigenous and minority communities and instituted pesticide-dependent intensive agriculture. As a result, communities may be forced to live in marginal situations alongside such farms, regularly exposing them to pesticide drift.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 23
- Paragraph text
- Traditional food sources of indigenous peoples are regularly found to contain high levels of pesticides. This is also true in the Arctic, because chemicals travel northward through long-range environmental transport in wind and water, bioaccumulating and biomagnifying in traditional foods such as marine mammals and fish. Indigenous peoples in the Arctic are found to have hazardous pesticides in their bodies that were never used near their communities, and suffer from above average rates of cancer and other diseases.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 24
- Paragraph text
- Children are most vulnerable to pesticide contamination, as their organs are still developing and, owing to their smaller size, they are exposed to a higher dose per unit of body weight; the levels and activity of key enzymes that detoxify pesticides are much lower in children than in adults. Health impacts linked to childhood exposure to pesticides include impaired intellectual development, adverse behavioural effects and other developmental abnormalities. Emerging research is revealing that exposure to even low levels of pesticides, for example through wind drift or residues on food, may be very damaging to children’s health, disrupting their mental and physiological growth and possibly leading to a lifetime of diseases and disorders.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 25
- Paragraph text
- Pregnant women who are exposed to pesticides are at higher risk of miscarriage, pre-term delivery and birth defects. Studies have regularly found a cocktail of pesticides in umbilical cords and first faeces of newborns, proving prenatal exposure. Exposure to pesticides can be transferred from either parent. The most critical period for exposure for the father is three months prior to conception, while maternal exposure is most dangerous from the month before conception through the first trimester of pregnancy. Recent evidence suggests that pesticide exposure by pregnant mothers leads to higher risk of childhood leukaemia and other cancers, autism and respiratory illnesses. For example, neurotoxic pesticides can cross the placental barrier and affect the developing nervous system of the fetus, while other toxic chemicals can adversely impact its undeveloped immune system.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Health
- Person(s) affected
- Infants
- Women
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 26
- Paragraph text
- Pesticides can also pass through breast milk. This is particularly worrying, as breast milk is the only source of food for many babies and their metabolism is not well developed to fight against hazardous chemicals. Pesticides are also found in baby formula, or in the water with which it is mixed.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- Infants
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 27
- Paragraph text
- Pesticide residues are commonly found in both plant and animal food sources, resulting in significant exposure risks for consumers. Studies indicate that foods often contain multiple residues, thereby resulting in the consumption of a “cocktail” of pesticides. Although the harmful effects of pesticide mixtures are still not fully understood, it is known that in some cases, synergistic interactions can occur that lead to higher toxicity levels. High cumulative exposure of consumers to pesticides is particularly worrying, especially with lipophilic pesticides, which bind with fats and bioaccumulate in the body.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 28
- Paragraph text
- Traces may remain on fruits and vegetables that are extensively treated with pesticides before they reach the consumer. The highest levels of pesticides are often found in legumes, leafy greens and fruits such as apples, strawberries and grapes. While washing and cooking produce reduces residue levels, food preparation can sometimes increase these levels. Also, many pesticides used today are systemic — taken up through the roots and distributed throughout the plant — and therefore washing will have no effect.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 29
- Paragraph text
- Pesticides may also bioaccumulate in farmed animals through contaminated feed. Insecticides are often used in poultry and eggs, while milk and other dairy products may contain a range of substances through bioaccumulation and storage in the fatty tissues of the animals. This is of particular concern as cow’s milk is often a staple component of human diets, especially for children.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 30
- Paragraph text
- Certain pesticides, such as organotins, accumulate and magnify through marine food web systems. As a result, people who depend on or consume greater amounts of seafood tend to have particularly high concentrations in their blood, causing significant health risks.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 31
- Paragraph text
- Pesticides also present a serious threat to drinking water, particularly in agricultural areas, which often depend on groundwater. While it can take several decades before pesticides applied in fields appear in water wells, high levels of herbicides in agricultural areas have already caused health problems for some communities. For example, in the United States of America, where over 70 million pounds of atrazine are used annually, runoff into water supplies has been linked to increased risk of birth defects. While atrazine was banned in the European Union in 2004, some European countries still detect it in groundwater today.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Health
- Water & Sanitation
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 32
- Paragraph text
- Pesticides can persist in the environment for decades and pose a global threat to the entire ecological system upon which food production depends. Excessive use and misuse of pesticides result in contamination of surrounding soil and water sources, causing loss of biodiversity, destroying beneficial insect populations that act as natural enemies of pests and reducing the nutritional value of food.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 33
- Paragraph text
- Pesticides contaminate and degrade soil to varying degrees. In China, recent studies released by the Government show moderate to severe contamination from pesticides and other pollutants on 26 million hectares of farmland, to the extent that farming cannot continue on approximately 20 per cent of arable land.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 34
- Paragraph text
- Water contamination can be equally damaging. In Guatemala, for example, contamination of the Pasión River with the pesticide malathion, used on palm oil plantations, killed thousands of fish and affected 23 species of fish. This in turn deprived 12,000 people in 14 communities of their primary source of food and livelihood.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Water & Sanitation
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 35
- Paragraph text
- While regulators are mostly concerned about health risks through pesticide residues, their effects on non-target organisms are hugely underestimated. For example, neonicotinoids, a commonly used class of systemic insecticides, are causing soil degradation and water pollution and endangering vital ecosystem services such as biological pest control. Designed to damage the central nervous system of target pests, they can also cause harm to beneficial invertebrates as well as to birds, butterflies and other wildlife.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 36
- Paragraph text
- Neonicotinoids are accused of being responsible for “colony collapse disorder” of bees worldwide. For example, heavy use of these insecticides has been blamed for the 50 per cent decline over 25 years in honeybee populations in both the United States and the United Kingdom of Great Britain and Northern Ireland. This decline threatens the very basis of agriculture, given that wild bees and managed honeybees play the greatest role in pollinating crops. According to estimates from the Food and Agriculture Organization of the United Nations (FAO), of some 100 crop species (which provide 90 per cent of global food), 71 per cent are pollinated by bees. The European Union, unlike the United States, restricted the use of certain neonicotinoids in 2013.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 37
- Paragraph text
- Many of the pesticides used today, accounting for approximately 60 per cent of dietary exposure, are systemic. Seeds treated with systemic pesticides are commonly used in soybean, corn and peanut production. Similarly, crops may be genetically engineered (so-called GMOs) to produce pesticides themselves. Proponents of systemic pesticides and genetically engineered crops claim that by eliminating liquid spraying, the risk of exposure to farm workers and other non-target organisms is greatly reduced. However, further studies of chronic exposure are needed to determine the extent of the impact of systemic pesticides and genetically engineered crops on human health, beneficial insects, soil ecosystems and aquatic life. For example, transgenic corn and soybean varieties have been developed that are capable of producing Bacillus thuringiensis (Bt) endotoxins that act as insecticides. While the use of Bt crops has led to a reduction in conventional synthetic insecticide use, controversy remains about the possible risks posed by these crops.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 38
- Paragraph text
- The prime example of controversy around genetically engineered crops is glyphosate, the active ingredient of some herbicides, including Roundup, that allow farmers to kill weeds but not their crops. While presented as less toxic and persistent compared to traditional herbicides, there is considerable disagreement over the impact of glyphosate on the environment: studies have indicated negative impacts on biodiversity, wildlife and soil nutrient content. There are also concerns regarding human health. In 2015, WHO announced that glyphosate was a probable carcinogen.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 39
- Paragraph text
- In Europe, genetically engineered crop regulations exemplify the precautionary principle. If an action or policy has a suspected risk of causing harm to the public or the environment, in the absence of scientific consensus, the burden of proof falls on those taking the action or policy to demonstrate that it is not harmful. In contrast, in the United States, the biggest producer of genetically engineered crops, regulations have generally followed the concept of “substantial equivalence”, whereby a novel crop or food is compared to an existing one and if judged adequately similar, it falls under existing regulations. Considering their probable grave effects on health and the environment, there is an urgent need for holistic regulation on the basis of the precautionary principle to address the genetically engineered production process and other new technologies at the global level.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 40
- Paragraph text
- The right to adequate food provides a guarantee for food that is necessary to achieve an adequate standard of living. In addition to the Universal Declaration of Human Rights, it has been codified in article 11 of the International Covenant on Economic, Social and Cultural Rights. The Committee on Economic, Social, and Cultural Rights, in its general comment No. 12 (1999) on the right to adequate food, substantiates the right to adequate food, stating that it must not be construed in a narrow or restrictive sense, and declaring that adequacy denotes not just quantity but also quality. The Committee further considers that the right implies food that is free from adverse substances, and asserts that States must implement food safety requirements and protective measures to ensure that food is safe and qualitatively adequate. Under even the narrowest interpretation of article 11 and general comment No. 12, food that is contaminated by pesticides cannot be considered as adequate food.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 41
- Paragraph text
- In its general comment, the Committee furthermore asserts that sustainability is intrinsically linked to the notion of adequate food, implying that food must be accessible for both present and future generations. As outlined in the present report, pesticides are responsible for biodiversity loss and water and soil contamination and for negatively affecting the productivity of croplands, thereby threatening future food production.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 42
- Paragraph text
- The right to adequate food embraces the notion that its realization must not interfere with the enjoyment of other human rights. Therefore, arguments suggesting that pesticides are needed to safeguard the right to food and food security clash with the right to health, in view of the myriad negative health impacts associated with certain pesticide practices.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 43
- Paragraph text
- Indeed, article 12 of the International Covenant provides a right to the highest attainable level of health and obligates States to take measures to improve all aspects of environmental and industrial hygiene. In its general comment No. 14 (2000) on the right to the highest attainable standard of health, the Committee embraces the notion that the right extends to the underlying determinants of health, such as safe food, potable water, safe and healthy working conditions and a healthy environment. It also notes that the obligation to improve industrial and environmental hygiene essentially entails the right to a healthy workplace, including the prevention and reduction of exposure to harmful substances, and the minimization of the causes of health hazards inherent in the workplace. With regard to pesticide exposure, human rights law underlines the obligation on States to ensure that people live and work in safe and healthy environments and have access to safe and clean food and water. As such, exposure to pesticides, whether at work, as a bystander or via residue found on food or in water, would violate a person’s right to the highest attainable level of health.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 44
- Paragraph text
- Moreover, articles 11 and 12 of the Convention on the Elimination of All Forms of Discrimination against Women address women’s right to protection of health and safety, including the safeguarding of the function of reproduction, and call for special protections to be accorded to mothers before and after childbirth. The Committee on the Elimination of Discrimination against Women also calls on States to take appropriate measures to provide special protection to women during pregnancy. Such obligations clearly extend to minimizing the risks of maternal exposure to pesticides.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 45
- Paragraph text
- The Convention on the Rights of the Child also includes specific provisions to protect children from environmental contaminants and supports childhood development. Article 6 highlights the obligation of Governments, to the maximum extent possible, to ensure that children survive and develop in a healthy manner.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Health
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Effects of pesticides on the right to food 2017, para. 46
- Paragraph text
- Appropriately, article 24 (2) (c) of the Convention makes the explicit link between food, water and the right to the highest attainable standard of health. States must combat disease and malnutrition through the provision of adequate, nutritious foods and clean drinking water, taking into consideration the dangers and risks of environmental pollution. In articles 24 (4) and 32 (1), the Convention also calls for international cooperation to help developing countries achieve this, and requires States to protect children from work that may be hazardous to their health or physical or mental development, such as work where they use or may otherwise be exposed to hazardous pesticides. It is clear that ensuring protection from pesticides falls within the parameters of the Convention.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Year
- 2017
Paragraph