The Right to Food

1
The Right to Food

• An Illustration of Poverty and Human Rights in
  Action
• Daniel Gustafson
• FAO Representative in India and Bhutan

2
Importance of the RtF in relation to themes of
the Conference

• Specific application within the concept of
  poverty and HR concrete operational
  implications.
• Complex issues, ideological disputes -- the RtF
  is an exciting arena of current action (globally
  and in India).
• Example of how the law can support implementation
  of abstract rights.

3
Poverty and Hunger

• Amartya Sen Starvation is the characteristic
  of some people not having enough food to eat. It
  is not the characteristic of there not being
  enough food to eat.
• Hunger is both an effect and a cause of poverty.
• Anti-hunger programme requires both improved
  production and improved access.
• Econ. growth contributes to progressive
  realization of the RtF and vice versa.

4
The efficiency cost of hunger a quantitative
assessment(Undernourishment and Economic Growth
Jean-Louis Arcand)
5
Why Use a Human Rights Approach?

• UDHR and ICESCR right to adequate standard of
  living.
• Secretary-Generals call in 1997 for integration
  of HR in all of areas of UN.
• Most important Shift from basic human needs and
  view of quantitative deficit to next frontier
  where burden of proof shifts and beneficiaries
  become active subjects and claim holders.

6
World Food Summit

• Leaders considered levels of hunger intolerable
  hunger seen as morally unacceptable.
• Problem not quantity of food but lack of
  political will and insufficient resources
  mobilised.
• HR approach builds on this conviction,
  introducing accountability dimension and
  implementation concerns.

7
Normative Content

• General Comment 12 of CESCR
• The right to adequate food is realised when
  every man, women and child, alone or in community
  with others, have physical and economic access at
  all times to adequate food or means for its
  procurement.
• Obligation of state is to take steps to achieve
  progressively the full realisation of the right
  to adequate food.

8
Contention/Confusion/Complexity

• Common misunderstanding that RtF means state
  needs to provide food i.e., right to be fed.
• Food is a private good, unlike other rights.
• Depends on myriad actors production,
  distribution, safety, etc.
• Complex set of transactions between impersonal
  market and free individual.
• Multiple levels of government involved.

9
Areas of Consensus

• State has obligations and responsibilities
  regarding food, which HR approach helps spell
  out.
• Right to be fed is recognized when necessary to
  save livesas last resort.
• Judgements about policy measures and
  effectiveness of programmes are necessary.
• Poverty reduction requires more productive
  households social safety nets.
• Roles for government, private sector, civil
  society and partnerships amongst them.

10
Levels of State Obligations

• To respect limits on state power (e.g., not to
  interfere in livelihoods).
• To protect regulate conduct of non-state actors
  (e.g., food safety, environment, land tenure).
• To fulfil positive actions by state to identify
  vulnerable groups, facilitate access, provide
  safety net (e.g., India Supreme Court case, KBK
  districts).

11
Utility of a Framework Law on the Right to Food

• Constitutional guarantees in some countries
  (e.g., South Africa, India), but little on who
  has responsibility for what.
• Legal/Regulatory framework could be useful to
• Set principles, targets and benchmarks
• Assign responsibility to various levels
• Improve accountability through more precise
  responsibility and information
• Formalise participation and roles of NGOs and
  civil society in general.

12
Inter-Governmental Working Group

• 1996 WFS request to OHCHR for better definition
  of Right to Food.
• 2002 request to FAO to set up IGWG to elaborate
  voluntary guidelines to achieve progressive
  realisation of the right to adequate food in
  context of national food security.
• March 2003 first session workshop in Oct.
• Case studiesincluding India.
• Guidelines to be completed within two years,
  based on best practice, consultations.

13
Conclusions

• Human rights and poverty approach provides
  critical value
• Perspective Active subjects with claims
• Need to consider obligations perfor-mance of
  government programmes
• Right to Food is a human right that can be
  realised and implemented.
• Legal/judicial perspective adds value.
• India is among those at the forefront.