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Right to Food Policy Seminar 5 June 2012
 

Right to Food Policy Seminar 5 June 2012

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Right to Food Policy Seminar at IFPRI on 5 June 2012 by Olivier de Schutter, United Nations Special Rapporteur on the Right to Food.

Right to Food Policy Seminar at IFPRI on 5 June 2012 by Olivier de Schutter, United Nations Special Rapporteur on the Right to Food.

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    Right to Food Policy Seminar 5 June 2012 Right to Food Policy Seminar 5 June 2012 Presentation Transcript

    • The Right to Adequate Food The Contribution of the Right to Adequate Food to Combating Global Hunger Olivier De SchutterIFPRI, 5 June 2012
    • The Right to Adequate Food -1. The right to adequate food in international human rights lawArticle 25 of the Universal Declaration of Human RightsArticle 11 of the International Covenant on Economic, Social andCultural RightsArticle 24(2) and 27(3) of the Convention on the Rights of the Child2. The right to food rediscovered3. Three levels of obligations4. The governance framework5. Implications at domestic level6. Implications for development cooperation7. Implications for global governance IFPRI, 5 June 2012
    • The Right to Adequate Food -2. The right to food rediscoveredThe new understanding of hunger and malnutritionThe World Food Summit 1996 – commitment 5.2 of the Rome Plan ofAction: 1° to clarify the content of the right to adequate food; 2° to giveparticular attention to implementationGeneral Comment No. 12 of the Committee on Economic, Social andCultural Rights on the right to adequate food (1999)The World Food Summit, five years later 2002Voluntary Guidelines in support of the progressive realization of theright to adequate food in the context of national food security (FAOCouncil, 23 Nov. 2004)Rome Declaration of the World Summit on Food Security (16-18November 2009) IFPRI, 5 June 2012
    • The Right to Adequate Food -The new understanding of hunger and malnutrition: the question ofentitlements-  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, 16-18November 2009)While strides have been made, the overall efforts so far have fallen short ofachieving the Millennium Development Goals and the commitments of theWorld Food Summits. We must collectively accelerate steps to reverse thistrend and to set the world on a path to achieving the progressive realization ofthe right to adequate food in the context of national food security.Principle 1: Invest in country-owned plans, aimed at channellingresources to well- designed and results-based programmes andpartnerships.Principle 2: Foster strategic coordination at national, regional and globallevel to improve governance, promote better allocation of resources, avoidduplication of efforts and identify response-gaps.Principle 3: Strive for a comprehensive twin-track approach to foodsecurity that consists of: 1) direct action to immediately tackle hunger forthe most vulnerable and 2) medium- and long-term sustainableagricultural, food security, nutrition and rural development programmesto eliminate the root causes of hunger and poverty, including through theprogressive 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 November2009) (continued)Principle 3: Strive for a comprehensive twin-track approach to food securitythat consists of … medium- and long-term sustainable agricultural, foodsecurity, nutrition and rural development programmes to eliminate the rootcauses of hunger and poverty, including through the progressive realization ofthe right to adequate food.16. We affirm the right of everyone to have access to safe, sufficient and nutritiousfood, consistent with the progressive realization of the right to adequate food in thecontext of national food security. We will strive for a world free from hunger wherecountries implement the “Voluntary guidelines for the progressive realization of theright to adequate food in the context of national food security” and we will supportthe 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 sustainedimprovements in efficiency, responsiveness, coordination and effectiveness ofmultilateral institutions.Principle 5: Ensure sustained and substantial commitment by all partners toinvestment in agriculture and food security and nutrition, with provision ofnecessary resources in a timely and reliable fashion, aimed at multi-year plansand programmes. IFPRI, 5 June 2012
    • The Right to Adequate Food -1. The right to adequate food in international human rights law2. The right to food rediscovered3. Three levels of obligations4. The governance framework5. Implications at domestic level6. Implications for development cooperation7. 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 tothe UN Sub-Commission on the Prevention of Discrimination and theProtection 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 aidDUTY 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 substitutesDUTY TO FULFIL Create conditions allowing Support agricultural(FACILITATE AND markets to support access to development, social protectionPROVIDE) 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 availabilityn  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 dietsn  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 peoples 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 law2. The right to food rediscovered3. Three levels of obligations4. The governance framework : national strategies, framework laws,requirements of participation, accountability, non-discrimination,transparency, and rule of law5. Implications at domestic level6. Implications for development cooperation7. 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 objectivesThe added value of a framework law IFPRI, 5 June 2012
    • The Right to Adequate FoodThe (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 foodSTRUCTURAL PROCESS INDICATORS OUTCOMEINDICATORS INDICATORS1.  Ratification of Public expenditures, Degree to which the international policies implemented different normative instruments components of the right are2.  Legislative and realized institutional frameworkIntentions of the State ; Efforts made by the State to Results achieved: success insigns of goodwill effectively implement the meeting the targets right, to move from the Ensures learning about framework to outcomes which policies workDepends 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 FoodDUTY TO RESPECT DUTY TO PROTECT DUTY TO FULFILConstitutional and Regulatory framework to National strategies developedlegislative safeguards control non-State actors w/ participation of CSOs / POs, with targets, timelines, allocation of responsibilities and independent monitoringParliaments: improve const. Parliaments: promote Parliaments : promoteand legislative framework; competition law, regulate framework laws ; ensurescreen new laws and abuses of traders or input budgets comply withpolicies for their providers; budgets to CAADP commitmentsimplications on the right to strengthen labor Courts and NHRIs: monitorfood inspectorates; track use of implementation of existing public revenues strategiesUse existing constitutional Develop farmers’ markets, Convene nationaland legislative provisions organize farmers into roundtables to identify(right to life, equality cooperatives, provide problems and prioritiesprovisions, right to information to State bodiesproperty…) IFPRI, 5 June 2012
    • The Right to Adequate Food1. The right to adequate food in international human rights law2. The right to food rediscovered3. Three levels of obligations4. The governance framework5. Implications at domestic level6. Implications for development cooperation7. Implications for global governance IFPRI, 5 June 2012
    • The Right to Adequate FoodArgentina : Law creating the National Nutrition and Food Program, 17January 2003Guatemala : National Nutrition and Food Security System Law, 6 April2005Ecuador : Nutrition and Food Security Law, 27 April 2006Brazil : Law creating the National Nutrition and Food Security System,15 September 2006Venezuela : Nutrition and Food Security Law, Ley Orgánica deSeguridad y Soberanía Agroalimentaria, 31 July 2008Nicaragua: Law of Food and Nutritional Security and Sovereignty(SSAN), 19 June 2009 IFPRI, 5 June 2012
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    • The Right to Adequate FoodThe 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 Food1. The right to adequate food in international human rightslaw2. The right to food rediscovered3. Three levels of obligations4. The governance framework5. Implications at domestic level6. Implications for development cooperation7. Implications for global governance IFPRI, 5 June 2012
    • The Right to Adequate FoodJoint 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 FoodThe 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 Foodc) 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 Food8. 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 FoodJeffrey Sachs, The End of Poverty (2005) William Easterly, The Elusive Quest for Growth (2001) IFPRI, 5 June 2012
    • The Right to Adequate FoodWilliam 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 FoodWilliam Easterly, The White Man’s Burden (2006)Planners v. SearchersThe Legend of the Big PushYou Can’t Plan a MarketThe Rich Have Markets, the Poor Have Bureaucrats IFPRI, 5 June 2012
    • The Right to Adequate FoodThe 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