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The Right to Adequate Food




                        The Contribution of the
                        Right to Adequate Food to
                        Combating Global Hunger

                        Olivier De Schutter



IFPRI, 5 June 2012
The Right to Adequate Food -

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




  IFPRI, 5 June 2012
The Right to Adequate Food -

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




  IFPRI, 5 June 2012
The Right to Adequate Food -

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




  IFPRI, 5 June 2012
The Right to Adequate Food -

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

   IFPRI, 5 June 2012
The Right to Adequate Food -
Declaration of the World Summit on Food Security (Rome, 16-18 November
2009) (continued)
Principle 3: Strive for a comprehensive twin-track approach to food security
that consists of … medium- and long-term sustainable agricultural, food
security, nutrition and rural development programmes to eliminate the root
causes of hunger and poverty, including through the progressive realization of
the right to adequate food.
16. We affirm the right of everyone to have access to safe, sufficient and nutritious
food, consistent with the progressive realization of the right to adequate food in the
context of national food security. We will strive for a world free from hunger where
countries implement the “Voluntary guidelines for the progressive realization of the
right to adequate food in the context of national food security” and we will support
the practical application of the guidelines based on the principles of participation,
transparency and accountability.
Principle 4: Ensure a strong role for the multilateral system by sustained
improvements in efficiency, responsiveness, coordination and effectiveness of
multilateral institutions.
Principle 5: Ensure sustained and substantial commitment by all partners to
investment in agriculture and food security and nutrition, with provision of
necessary resources in a timely and reliable fashion, aimed at multi-year plans
and programmes.
    IFPRI, 5 June 2012
The Right to Adequate Food -


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




  IFPRI, 5 June 2012
The Right to Adequate Food -


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




  IFPRI, 5 June 2012
The Right to Adequate Food -



DUTY TO RESPECT          Abstain from interfering        Evictions of farmers,
                         with enjoyment of the right     destruction of crops,
                                                         interruption of food aid

DUTY TO PROTECT Control private actors to                Ensure employers pay living
                ensure that they do not adopt            wage, address speculation by
                conduct that leads to                    traders, enforce prohibition of
                violations of the right to               advertising breastmilk
                food                                     substitutes


DUTY TO FULFIL           Create conditions allowing      Support agricultural
(FACILITATE AND          markets to support access to    development, social protection
PROVIDE)                 food or, where people cannot    schemes, provision of food aid
                         have access to food for         to face natural calamities…
                         reasons beyond their control,
                         provide them with food




  IFPRI, 5 June 2012
The Right to Adequate Food -


n     UN Committee on Economic, Social and Cultural Rights, General
       Comment No. 12: The right to adequate food (Art.11)
n     The right to adequate food includes :
n     1. A requirement of availability
n     2. A requirement of accessibility (physical, legal and economic)
n     3. A requirement of adequacy (not only macronutrients, also
       micronutrients: essential vitamins, zinc, iron, iodine) – diversity of diets
n     4. A requirement of absorption (utilization): education about nutrition
       (including breastfeeding practices), health, social protection




      IFPRI, 5 June 2012
The Right to Adequate Food -


n     UN Committee on Economic, Social and Cultural Rights, General
       Comment No. 12: The right to adequate food (Art.11)
n     The right to adequate food, like any other human right, imposes three types
       or levels of obligations on States parties: the obligations to respect, to
       protect and to fulfil. In turn, the obligation to fulfil incorporates both an
       obligation to facilitate and an obligation to provide. The obligation to
       respect existing access to adequate food requires States parties not to take
       any measures that result in preventing such access. The obligation to
       protect requires measures by the State to ensure that enterprises or
       individuals do not deprive individuals of their access to adequate food. The
       obligation to fulfil (facilitate) means the State must pro-actively engage in
       activities intended to strengthen people's access to and utilization of
       resources and means to ensure their livelihood, including food security.
       Finally, whenever an individual or group is unable, for reasons beyond
       their control, to enjoy the right to adequate food by the means at their
       disposal, States have the obligation to fulfil (provide) that right directly.
       This obligation also applies for persons who are victims of natural or other
       disaster.


      IFPRI, 5 June 2012
The Right to Adequate Food -


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




  IFPRI, 5 June 2012
The Right to Adequate Food -


National strategies - which advantages?
•    turns policy objectives into duties
•    managing a complex process and facilitating coordination
     across various departments and levels of government
•       ensuring appropriate earmarking of funds, creating stable
        and predictable framework for private investors
•       allocating responsibilities between actors and ensuring
        accountability, thus concretizing the right and encouraging
        justiciability or non-judicial monitoring of progress towards
        time-bound objectives, and permanent evaluation
•       promoting public debate and participation in the
        identification of goals and means
•    public statement of support by the government in favor of the
     fulfilment of the objective
•    manages a transition from short-term to long-term objectives
The added value of a framework law

    IFPRI, 5 June 2012
The Right to Adequate Food


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




                CONSEA           Inter-Ministerial Chamber for food and nutritional security
             2/3 civil society                 Adopts national policy and plan
             1/3 government




  IFPRI, 5 June 2012
The Right to Adequate Food


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

STRUCTURAL                     PROCESS INDICATORS OUTCOME
INDICATORS                                        INDICATORS
1.     Ratification of         Public expenditures,           Degree to which the
       international           policies implemented           different normative
       instruments                                            components of the right are
2.     Legislative and                                        realized
       institutional
       framework
Intentions of the State ;      Efforts made by the State to   Results achieved: success in
signs of goodwill              effectively implement the      meeting the targets
                               right, to move from the        Ensures learning about
                               framework to outcomes          which policies work
Depends on the State           Depends on the State but       Depends on intentions and
                               also on financial capacity     efforts of the State, but also
                                                              on external factors or factors
                                                              independent of the State
      IFPRI, 5 June 2012
The Right to Adequate Food


DUTY TO RESPECT                DUTY TO PROTECT               DUTY TO FULFIL
Constitutional and             Regulatory framework to       National strategies developed
legislative safeguards         control non-State actors      w/ participation of CSOs /
                                                             POs, with targets, timelines,
                                                             allocation of responsibilities
                                                             and independent monitoring
Parliaments: improve const.    Parliaments: promote          Parliaments : promote
and legislative framework;     competition law, regulate     framework laws ; ensure
screen new laws and            abuses of traders or input    budgets comply with
policies for their             providers; budgets to         CAADP commitments
implications on the right to   strengthen labor              Courts and NHRIs: monitor
food                           inspectorates; track use of   implementation of existing
                               public revenues               strategies
Use existing constitutional    Develop farmers’ markets,     Convene national
and legislative provisions     organize farmers into         roundtables to identify
(right to life, equality       cooperatives, provide         problems and priorities
provisions, right to           information to State bodies
property…)


    IFPRI, 5 June 2012
The Right to Adequate Food


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




  IFPRI, 5 June 2012
The Right to Adequate Food




Argentina : Law creating the National Nutrition and Food Program, 17
January 2003
Guatemala : National Nutrition and Food Security System Law, 6 April
2005
Ecuador : Nutrition and Food Security Law, 27 April 2006
Brazil : Law creating the National Nutrition and Food Security System,
15 September 2006
Venezuela : Nutrition and Food Security Law, Ley Orgánica de
Seguridad y Soberanía Agroalimentaria, 31 July 2008
Nicaragua: Law of Food and Nutritional Security and Sovereignty
(SSAN), 19 June 2009
  IFPRI, 5 June 2012
The Right to Adequate Food

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IFPRI, 5 June 2012
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IFPRI, 5 June 2012
The Right to Adequate Food

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



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



    IFPRI, 5 June 2012
The Right to Adequate Food



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




 IFPRI, 5 June 2012
The Right to Adequate Food


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




   IFPRI, 5 June 2012
The Right to Adequate Food


The Human Rights Based Approach to Development
    Cooperation-Towards a Common Understanding Among UN
    Agencies (2003)
...the application of ‘good programming practices’ does not by itself
    constitute a human rights-based approach, and requires additional
    elements.
The following elements are necessary, specific, and unique to a
    human rights-based approach:
a) Assessment and analysis in order to identify the human rights
    claims of rights-holders and the corresponding human rights
    obligations of duty-bearers as well as the immediate, underlying,
    and structural causes of the non-realization of rights.
b) Programmes assess the capacity of rights-holders to claim their
    rights, and of dutybearers to fulfill their obligations. They then
    develop strategies to build these capacities.
...
      IFPRI, 5 June 2012
The Right to Adequate Food


c) Programmes monitor and evaluate both outcomes and processes
   guided by human rights standards and principles.
d) Programming is informed by the recommendations of
   international human rights bodies and mechanisms.
Other elements of good programming practices that are also
   essential under a HRBA, include:
1. People are recognized as key actors in their own development,
   rather than passive recipients of commodities and services.
2. Participation is both a means and a goal.
3. Strategies are empowering, not disempowering.
4. Both outcomes and processes are monitored and evaluated.
5. Analysis includes all stakeholders.
6. Programmes focus on marginalized, disadvantaged, and excluded
   groups.
7. The development process is locally owned.


   IFPRI, 5 June 2012
The Right to Adequate Food


8. Programmes aim to reduce disparity.
9. Both top-down and bottom-up approaches are used in synergy.
10. Situation analysis is used to identity immediate, underlying, and
   basic causes of development problems.
11. Measurable goals and targets are important in programming.
12. Strategic partnerships are developed and sustained.
13. Programmes support accountability to all stakeholders.




   IFPRI, 5 June 2012
The Right to Adequate Food


Jeffrey Sachs, The End of Poverty (2005)




                                           William Easterly, The
                                           Elusive Quest for Growth
                                           (2001)


   IFPRI, 5 June 2012
The Right to Adequate Food

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




    IFPRI, 5 June 2012
The Right to Adequate Food

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




    IFPRI, 5 June 2012
The Right to Adequate Food

The right to food in development cooperation
            Supply-driven                  Demand-driven: based on a
                                           mapping of needs and co-
                                           designed by beneficiaries
            Bilateral                      Triangular: donor-host
                                           government-local
                                           communities
            Charity-based                  Entitlements-based: clear
                                           definition of rights and
                                           claims mechanisms
            Focus on where efficiency      Focus on the needs of the
            of interventions is greatest   marginalized groups and
                                           women
            Assessment made                Participatory assessment
            unilaterally and based on      based on the normative
            criteria set by donors         components of the right to
                                           food


    IFPRI, 5 June 2012

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Right to Food Policy Seminar 5 June 2012

  • 1. The Right to Adequate Food The Contribution of the Right to Adequate Food to Combating Global Hunger Olivier De Schutter IFPRI, 5 June 2012
  • 2. The Right to Adequate Food - 1. The right to adequate food in international human rights law Article 25 of the Universal Declaration of Human Rights Article 11 of the International Covenant on Economic, Social and Cultural Rights Article 24(2) and 27(3) of the Convention on the Rights of the Child 2. The right to food rediscovered 3. Three levels of obligations 4. The governance framework 5. Implications at domestic level 6. Implications for development cooperation 7. Implications for global governance IFPRI, 5 June 2012
  • 3. The Right to Adequate Food - 2. The right to food rediscovered The new understanding of hunger and malnutrition The World Food Summit 1996 – commitment 5.2 of the Rome Plan of Action: 1° to clarify the content of the right to adequate food; 2° to give particular attention to implementation General Comment No. 12 of the Committee on Economic, Social and Cultural Rights on the right to adequate food (1999) The World Food Summit, five years later 2002 Voluntary Guidelines in support of the progressive realization of the right to adequate food in the context of national food security (FAO Council, 23 Nov. 2004) Rome Declaration of the World Summit on Food Security (16-18 November 2009) IFPRI, 5 June 2012
  • 4. The Right to Adequate Food - The new understanding of hunger and malnutrition: the question of entitlements -  Access, not mere availability -  The importance of accountability -  Adopting the perspective of the poorest IFPRI, 5 June 2012
  • 5. The Right to Adequate Food - Declaration of the World Summit on Food Security (Rome, 16-18 November 2009) While strides have been made, the overall efforts so far have fallen short of achieving the Millennium Development Goals and the commitments of the World Food Summits. We must collectively accelerate steps to reverse this trend and to set the world on a path to achieving the progressive realization of the right to adequate food in the context of national food security. Principle 1: Invest in country-owned plans, aimed at channelling resources to well- designed and results-based programmes and partnerships. Principle 2: Foster strategic coordination at national, regional and global level to improve governance, promote better allocation of resources, avoid duplication of efforts and identify response-gaps. Principle 3: Strive for a comprehensive twin-track approach to food security that consists of: 1) direct action to immediately tackle hunger for the most vulnerable and 2) medium- and long-term sustainable agricultural, food security, nutrition and rural development programmes to eliminate the root causes of hunger and poverty, including through the progressive realization of the right to adequate food. IFPRI, 5 June 2012
  • 6. The Right to Adequate Food - Declaration of the World Summit on Food Security (Rome, 16-18 November 2009) (continued) Principle 3: Strive for a comprehensive twin-track approach to food security that consists of … medium- and long-term sustainable agricultural, food security, nutrition and rural development programmes to eliminate the root causes of hunger and poverty, including through the progressive realization of the right to adequate food. 16. We affirm the right of everyone to have access to safe, sufficient and nutritious food, consistent with the progressive realization of the right to adequate food in the context of national food security. We will strive for a world free from hunger where countries implement the “Voluntary guidelines for the progressive realization of the right to adequate food in the context of national food security” and we will support the practical application of the guidelines based on the principles of participation, transparency and accountability. Principle 4: Ensure a strong role for the multilateral system by sustained improvements in efficiency, responsiveness, coordination and effectiveness of multilateral institutions. Principle 5: Ensure sustained and substantial commitment by all partners to investment in agriculture and food security and nutrition, with provision of necessary resources in a timely and reliable fashion, aimed at multi-year plans and programmes. IFPRI, 5 June 2012
  • 7. The Right to Adequate Food - 1. The right to adequate food in international human rights law 2. The right to food rediscovered 3. Three levels of obligations 4. The governance framework 5. Implications at domestic level 6. Implications for development cooperation 7. Implications for global governance IFPRI, 5 June 2012
  • 8. The Right to Adequate Food - Asbjorn Eide, The Right to Adequate Food as a Human Right, Report to the UN Sub-Commission on the Prevention of Discrimination and the Protection of Minorities (1987) IFPRI, 5 June 2012
  • 9. The Right to Adequate Food - DUTY TO RESPECT Abstain from interfering Evictions of farmers, with enjoyment of the right destruction of crops, interruption of food aid DUTY TO PROTECT Control private actors to Ensure employers pay living ensure that they do not adopt wage, address speculation by conduct that leads to traders, enforce prohibition of violations of the right to advertising breastmilk food substitutes DUTY TO FULFIL Create conditions allowing Support agricultural (FACILITATE AND markets to support access to development, social protection PROVIDE) food or, where people cannot schemes, provision of food aid have access to food for to face natural calamities… reasons beyond their control, provide them with food IFPRI, 5 June 2012
  • 10. The Right to Adequate Food - n  UN Committee on Economic, Social and Cultural Rights, General Comment No. 12: The right to adequate food (Art.11) n  The right to adequate food includes : n  1. A requirement of availability n  2. A requirement of accessibility (physical, legal and economic) n  3. A requirement of adequacy (not only macronutrients, also micronutrients: essential vitamins, zinc, iron, iodine) – diversity of diets n  4. A requirement of absorption (utilization): education about nutrition (including breastfeeding practices), health, social protection IFPRI, 5 June 2012
  • 11. The Right to Adequate Food - n  UN Committee on Economic, Social and Cultural Rights, General Comment No. 12: The right to adequate food (Art.11) n  The right to adequate food, like any other human right, imposes three types or levels of obligations on States parties: the obligations to respect, to protect and to fulfil. In turn, the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide. The obligation to respect existing access to adequate food requires States parties not to take any measures that result in preventing such access. The obligation to protect requires measures by the State to ensure that enterprises or individuals do not deprive individuals of their access to adequate food. The obligation to fulfil (facilitate) means the State must pro-actively engage in activities intended to strengthen people's access to and utilization of resources and means to ensure their livelihood, including food security. Finally, whenever an individual or group is unable, for reasons beyond their control, to enjoy the right to adequate food by the means at their disposal, States have the obligation to fulfil (provide) that right directly. This obligation also applies for persons who are victims of natural or other disaster. IFPRI, 5 June 2012
  • 12. The Right to Adequate Food - 1. The right to adequate food in international human rights law 2. The right to food rediscovered 3. Three levels of obligations 4. The governance framework : national strategies, framework laws, requirements of participation, accountability, non-discrimination, transparency, and rule of law 5. Implications at domestic level 6. Implications for development cooperation 7. Implications for global governance IFPRI, 5 June 2012
  • 13. The Right to Adequate Food - National strategies - which advantages? • turns policy objectives into duties • managing a complex process and facilitating coordination across various departments and levels of government • ensuring appropriate earmarking of funds, creating stable and predictable framework for private investors • allocating responsibilities between actors and ensuring accountability, thus concretizing the right and encouraging justiciability or non-judicial monitoring of progress towards time-bound objectives, and permanent evaluation • promoting public debate and participation in the identification of goals and means • public statement of support by the government in favor of the fulfilment of the objective • manages a transition from short-term to long-term objectives The added value of a framework law IFPRI, 5 June 2012
  • 14. The Right to Adequate Food The (Brazilian) Law of 15 September 2006 establishing a National Food and Nutritional Security System (SISAN) CONSEA Inter-Ministerial Chamber for food and nutritional security 2/3 civil society Adopts national policy and plan 1/3 government IFPRI, 5 June 2012
  • 15. The Right to Adequate Food Indicators and benchmarks – monitoring the progressive realization of the right to adequate food STRUCTURAL PROCESS INDICATORS OUTCOME INDICATORS INDICATORS 1.  Ratification of Public expenditures, Degree to which the international policies implemented different normative instruments components of the right are 2.  Legislative and realized institutional framework Intentions of the State ; Efforts made by the State to Results achieved: success in signs of goodwill effectively implement the meeting the targets right, to move from the Ensures learning about framework to outcomes which policies work Depends on the State Depends on the State but Depends on intentions and also on financial capacity efforts of the State, but also on external factors or factors independent of the State IFPRI, 5 June 2012
  • 16. The Right to Adequate Food DUTY TO RESPECT DUTY TO PROTECT DUTY TO FULFIL Constitutional and Regulatory framework to National strategies developed legislative safeguards control non-State actors w/ participation of CSOs / POs, with targets, timelines, allocation of responsibilities and independent monitoring Parliaments: improve const. Parliaments: promote Parliaments : promote and legislative framework; competition law, regulate framework laws ; ensure screen new laws and abuses of traders or input budgets comply with policies for their providers; budgets to CAADP commitments implications on the right to strengthen labor Courts and NHRIs: monitor food inspectorates; track use of implementation of existing public revenues strategies Use existing constitutional Develop farmers’ markets, Convene national and legislative provisions organize farmers into roundtables to identify (right to life, equality cooperatives, provide problems and priorities provisions, right to information to State bodies property…) IFPRI, 5 June 2012
  • 17. The Right to Adequate Food 1. The right to adequate food in international human rights law 2. The right to food rediscovered 3. Three levels of obligations 4. The governance framework 5. Implications at domestic level 6. Implications for development cooperation 7. Implications for global governance IFPRI, 5 June 2012
  • 18. The Right to Adequate Food Argentina : Law creating the National Nutrition and Food Program, 17 January 2003 Guatemala : National Nutrition and Food Security System Law, 6 April 2005 Ecuador : Nutrition and Food Security Law, 27 April 2006 Brazil : Law creating the National Nutrition and Food Security System, 15 September 2006 Venezuela : Nutrition and Food Security Law, Ley Orgánica de Seguridad y Soberanía Agroalimentaria, 31 July 2008 Nicaragua: Law of Food and Nutritional Security and Sovereignty (SSAN), 19 June 2009 IFPRI, 5 June 2012
  • 19. The Right to Adequate Food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une 2012
  • 20. The Right to Adequate Food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une 2012
  • 21. The Right to Adequate Food The Role of Courts: The Example of the ‘Right to Food Case’ in India: public interest litigation Petition (Civil) No. 196/2001, People’s Union for Civil Liberties v. Union of India & Others (PUCL) -  500 affidavits by PUCL and defendants -  70 interim court orders from Supreme Court and High Courts -  Supreme Court Commissioners to monitor implementation Commissioner of the Court with PUCL representative monitoring midday school meal program in the village of Tiua, Bihar IFPRI, 5 June 2012
  • 22. The Right to Adequate Food 1. The right to adequate food in international human rights law 2. The right to food rediscovered 3. Three levels of obligations 4. The governance framework 5. Implications at domestic level 6. Implications for development cooperation 7. Implications for global governance IFPRI, 5 June 2012
  • 23. The Right to Adequate Food Joint Statement by the UN Committee on Economic, Social and Cultural Rights and the Special Procedures on The Millenium Development Goals and Economic, Social and Cultural Rights (29 November 2002): ... human rights, including economic, social and cultural rights help to realize any strategy to meet the MDGs for example by: (i) providing a compelling normative framework, underpinned by universally recognized human values and reinforced by legal obligations, for the formulation of national and international development policies towards achieving the MDGs ; (ii) raising the level of empowerment and participation of individuals; (iii) affirming the accountability of various stakeholders, including international organizations and NGOs, donors and transnational corporations, vis-à-vis people affected by problems related to poverty, hunger, education, gender inequality, health, housing and safe drinking water; and (iv) reinforcing the twin principles of global equity and shared responsibility which are the very foundation for the Millennium Declaration. IFPRI, 5 June 2012
  • 24. The Right to Adequate Food The Human Rights Based Approach to Development Cooperation-Towards a Common Understanding Among UN Agencies (2003) ...the application of ‘good programming practices’ does not by itself constitute a human rights-based approach, and requires additional elements. The following elements are necessary, specific, and unique to a human rights-based approach: a) Assessment and analysis in order to identify the human rights claims of rights-holders and the corresponding human rights obligations of duty-bearers as well as the immediate, underlying, and structural causes of the non-realization of rights. b) Programmes assess the capacity of rights-holders to claim their rights, and of dutybearers to fulfill their obligations. They then develop strategies to build these capacities. ... IFPRI, 5 June 2012
  • 25. The Right to Adequate Food c) Programmes monitor and evaluate both outcomes and processes guided by human rights standards and principles. d) Programming is informed by the recommendations of international human rights bodies and mechanisms. Other elements of good programming practices that are also essential under a HRBA, include: 1. People are recognized as key actors in their own development, rather than passive recipients of commodities and services. 2. Participation is both a means and a goal. 3. Strategies are empowering, not disempowering. 4. Both outcomes and processes are monitored and evaluated. 5. Analysis includes all stakeholders. 6. Programmes focus on marginalized, disadvantaged, and excluded groups. 7. The development process is locally owned. IFPRI, 5 June 2012
  • 26. The Right to Adequate Food 8. Programmes aim to reduce disparity. 9. Both top-down and bottom-up approaches are used in synergy. 10. Situation analysis is used to identity immediate, underlying, and basic causes of development problems. 11. Measurable goals and targets are important in programming. 12. Strategic partnerships are developed and sustained. 13. Programmes support accountability to all stakeholders. IFPRI, 5 June 2012
  • 27. The Right to Adequate Food Jeffrey Sachs, The End of Poverty (2005) William Easterly, The Elusive Quest for Growth (2001) IFPRI, 5 June 2012
  • 28. The Right to Adequate Food William Easterly, The Elusive Quest for Growth (2001) ‘Rather than worrying about how much in- vestment is ‘needed’ to sustain a given growth rate [Harrod-Domar model], we should concentrate on strengthening incen- tives to invest in the future and let the va- rious forms of investment play out how they may. (...) Giving aid on the basis of the financing gap creates perverse incenti- ves for the recipient (...). The financing gap is larger, and aid larger, the lower the saving of the recipient. This creates incen- tives against the recipient’s marshaling its own resources for development’ IFPRI, 5 June 2012
  • 29. The Right to Adequate Food William Easterly, The White Man’s Burden (2006) Planners v. Searchers The Legend of the Big Push You Can’t Plan a Market The Rich Have Markets, the Poor Have Bureaucrats IFPRI, 5 June 2012
  • 30. The Right to Adequate Food The right to food in development cooperation Supply-driven Demand-driven: based on a mapping of needs and co- designed by beneficiaries Bilateral Triangular: donor-host government-local communities Charity-based Entitlements-based: clear definition of rights and claims mechanisms Focus on where efficiency Focus on the needs of the of interventions is greatest marginalized groups and women Assessment made Participatory assessment unilaterally and based on based on the normative criteria set by donors components of the right to food IFPRI, 5 June 2012