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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. 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. 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. 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. 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 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. 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. 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
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
Agenda setting of the work of the Special Rapporteur 2015, para. 14
- Paragraph text
- Violent conflicts and humanitarian crises fuel trafficking in persons. Situations such as the persecution of minorities, arbitrary detention, torture, rape, kidnapping and enforced disappearance, the destruction of homes, increased food prices and progressively scarce access to water and sanitation, which increase the risk of illness and starvation, lead to forced internal and international displacement of the population and forced migration. In their search for a safer and better life, many fall prey to traffickers and exploiters.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Humanitarian
- Movement
- Poverty
- Violence
- Water & Sanitation
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Agriculture development and food security (2010), para. 26
- Original document
- Paragraph text
- 4. Also stresses that achieving food security for all has as its core element the strengthening and revitalizing of the agricultural sector in developing countries, where it has been identified as a priority by Governments, including through enhanced international support, an enabling environment at all levels and the empowerment of small-scale farmers, indigenous peoples and other rural communities, and stresses the need for the involvement of women, in particular in decision- making;
- Topic(s)
- Food & Nutrition
- Gender
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
Paragraph
Agriculture development and food security (2010), para. 49
- Original document
- Paragraph text
- 27. Notes the challenges faced by indigenous peoples in the context of food security, and in this regard calls upon States to take special actions to combat the root causes of the disproportionately high level of hunger and malnutrition among indigenous peoples;
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- Ethnic minorities
Paragraph
Agriculture development and food security (2013), para. 13
- Original document
- Paragraph text
- Reaffirming the right of everyone to have access to safe, sufficient and nutritious food, consistent with the right to adequate food and the fundamental right of everyone to be free from hunger, so as to be able to fully develop and maintain his or her physical and mental capacities, and underlining the need to make special efforts to meet the nutritional needs, especially, of women, children, older persons, indigenous peoples and persons with disabilities, as well as those living in vulnerable situations,
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Women
Paragraph
Agriculture development and food security (2013), para. 42
- Original document
- Paragraph text
- 20. Notes the challenges faced by indigenous peoples in the context of food security, and in this regard calls upon States to take special actions to combat the root causes of the disproportionately high level of hunger and malnutrition among indigenous peoples;
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- Ethnic minorities
Paragraph
Agriculture development, food security and nutrition (2014), para. 15
- Original document
- Paragraph text
- Reaffirming also the right of everyone to have access to safe, sufficient and nutritious food, consistent with the right to adequate food and the fundamental right of everyone to be free from hunger, so as to be able to fully develop and maintain his or her physical and mental capacities, and underlining the need to make special efforts to meet the nutritional needs, especially of women, children, older persons, indigenous peoples and persons with disabilities, as well as those living in vulnerable situations,
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Ethnic minorities
- Older persons
- Persons with disabilities
- Women
Paragraph
Agriculture development, food security and nutrition (2014), para. 23
- Original document
- Paragraph text
- Recognizing also the importance of smallholder and family farmers, including women, cooperatives, indigenous peoples and local communities in developing countries, and their knowledge and practices, in the conservation and sustainable use of traditional crops and biodiversity, as well as livestock management, which play a positive role in contributing to the achievement of food security and improved nutrition outcomes, as well as in the implementation of development goals in such fields as employment policy, social integration, regional and rural development, agriculture and environmental protection,
- Topic(s)
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Women
Paragraph
Agriculture development, food security and nutrition (2014), para. 42
- Original document
- Paragraph text
- 11. Welcomes the activities of the International Year of Quinoa, 2013, which have focused attention on the important role of quinoa, its biodiversity and nutritional value, as a way of promoting the traditional knowledge of the Andean and other indigenous peoples, contributing to the achievement of food security, improved nutrition and poverty eradication, raising awareness of their contribution to social, economic and environmental development and sharing good practices in the implementation of the International Year;
- Topic(s)
- Environment
- Food & Nutrition
- Person(s) affected
- Ethnic minorities
Paragraph
Agriculture development, food security and nutrition (2014), para. 57
- Original document
- Paragraph text
- 26. Notes the challenges faced by indigenous peoples in the context of food security and nutrition, and in this regard calls upon States to take special actions to combat the root causes of the disproportionately high level of hunger and malnutrition among indigenous peoples;
- Topic(s)
- Food & Nutrition
- Health
- Person(s) affected
- Ethnic minorities
Paragraph
Agriculture development, food security and nutrition (2014), para. 58
- Original document
- Paragraph text
- 27. Recognizes the role of indigenous peoples and small farmers and their traditional seed supply systems in the conservation of biodiversity and food security;
- Topic(s)
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
Paragraph
Agriculture development, food security and nutrition (2016), para. 14
- Original document
- Paragraph text
- Reaffirming also the right of everyone to have access to safe, sufficient and nutritious food, consistent with the right to adequate food and the fundamental right of everyone to be free from hunger, so that they may be able to fully develop and maintain their physical and mental capacities, and underlining the need to make special efforts to meet nutritional needs, especially of women, children, older persons, indigenous peoples and persons with disabilities, as well as of those living in vulnerable situations,
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Ethnic minorities
- Older persons
- Persons with disabilities
- Women
Paragraph
Agriculture development, food security and nutrition (2016), para. 47
- Original document
- Paragraph text
- 20. Recognizes the important role of indigenous peoples and small-scale farmers and their traditional knowledge and seed supply systems in the conservation of biodiversity and in aiming to ensure food security and improved nutrition;
- Topic(s)
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
Paragraph
Agriculture development, food security and nutrition (2016), para. 49
- Original document
- Paragraph text
- 22. Emphasizes the need to revitalize the agriculture sector, promote rural development and aim for ensuring food security and nutrition, notably in developing countries, in a sustainable manner, which will lead to rich payoffs across the Sustainable Development Goals, and underlines the importance of taking the necessary actions to better address the needs of rural communities by, inter alia, enhancing access for agricultural producers, in particular small producers, women, youth, indigenous peoples and people living in vulnerable situations, to credit and other financial services, markets, secure land tenure, health care, social services, education, training, knowledge and appropriate and affordable technologies, including for efficient irrigation, reuse of treated wastewater and water harvesting and storage;
- Topic(s)
- Economic Rights
- Food & Nutrition
- Water & Sanitation
- Person(s) affected
- Ethnic minorities
- Women
- Youth
Paragraph
Agriculture development, food security and nutrition (2017), para. 17
- Original document
- Paragraph text
- Reaffirming also the right of everyone to have access to safe, sufficient and nutritious food, consistent with the right to adequate food and the fundamental right of everyone to be free from hunger, so as to be able to fully develop and maintain their physical and mental capacities, and underlining the need to make special efforts to meet nutritional needs, especially of women, children, older persons, indigenous peoples and persons with disabilities, as well as of those living in vulnerable situations,
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Ethnic minorities
- Older persons
- Persons with disabilities
- Women
Paragraph
Agriculture development, food security and nutrition (2017), para. 45
- Original document
- Paragraph text
- 15. Also recognizes the critical role and contribution of rural women, including smallholders and women farmers, and indigenous women and women in local communities, and their traditional knowledge in enhancing agricultural and rural development, improving food security and eradicating rural poverty, and in this regard stresses the importance of reviewing agricultural policies and strategies to ensure that the critical role of women in food security and nutrition is recognized and addressed as an integral part of both short- and long-term responses to food insecurity, malnutrition, potential excessive price volatility and food crises in developing countries;
- Topic(s)
- Food & Nutrition
- Poverty
- Person(s) affected
- Ethnic minorities
- Women
Paragraph
Agriculture development, food security and nutrition (2017), para. 49
- Original document
- Paragraph text
- 20. Recognizes the important role of indigenous peoples, local communities, small-scale farmers, small-scale fishers and fish workers and their traditional knowledge and seed supply systems, as well the important role of new technologies in the conservation of biodiversity and in aiming to ensure food security and improved nutrition;
- Topic(s)
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
Paragraph
Agriculture development, food security and nutrition (2017), para. 50
- Original document
- Paragraph text
- 21. Emphasizes the need to revitalize the agriculture sector, promote rural development and aim for ensuring food security and nutrition, notably in developing countries, in a sustainable manner, which will contribute to achieving the Sustainable Development Goals, and underlines the importance of taking the necessary actions to better address the needs of rural communities by, inter alia, enhancing access for agricultural producers, in particular small producers, women, youth, indigenous peoples and local communities, in conflict and post -conflict situations and in vulnerable situations, to credit and other financial services, markets, secure land tenure, health care, social services, education, training, knowledge and appropriate and affordable technologies, including for development of local crops, efficient irrigation, reuse of treated wastewa ter and water harvesting and storage;
- Topic(s)
- Environment
- Food & Nutrition
- Water & Sanitation
- Person(s) affected
- Ethnic minorities
- Women
- Youth
Paragraph
Agriculture development, food security and nutrition (2018), para. 22
- Original document
- Paragraph text
- Reaffirming also the right of everyone to have access to safe, sufficient and nutritious food, consistent with the right to adequate food and the fundamental right of everyone to be free from hunger, so as to be able to fully develop and maintain their physical and mental capacities, and underlining the need to make special efforts to meet nutritional needs, especially of women, children, older persons, indigenous peoples and persons with disabilities, as well as of those living in vulnerable situations,
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- Children
- Ethnic minorities
- Older persons
- Persons with disabilities
- Women
Paragraph
Agriculture development, food security and nutrition (2018), para. 56
- Original document
- Paragraph text
- 17. Also recognizes the critical role and contribution of rural women, including smallholders and women farmers, and indigenous women and women in local communities, and their traditional knowledge in enhancing agricultural and rural development, improving food security and eradicating rural poverty, and in this regard stresses the importance of reviewing agricultural policies and strategies to ensure that the critical role of women in food security and nutrition is recognized and addressed as an integral part of both short- and long-term responses to food insecurity, malnutrition, potential excessive price volatility and food crises in developing countries;
- Topic(s)
- Food & Nutrition
- Poverty
- Person(s) affected
- Ethnic minorities
- Women
Paragraph
Agriculture development, food security and nutrition (2018), para. 60
- Original document
- Paragraph text
- 22. Recognizes the important role of indigenous peoples and local communities, small-scale farmers, livestock farmers, small-scale fishers and fish workers and their traditional knowledge and seed supply systems, as well the important role of new technologies in the conservation of biodiversity and in aiming to ensure food security and improved nutrition;
- Topic(s)
- Environment
- Food & Nutrition
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
Paragraph