Right to Food Margret Vidar, LEGA TCO In-Service Workshop on Food Security, Jan. 2004

Overview Why FAO should work on Right to Food What Right to Food Means What Rights Based Approaches are What To Do

FAO Mandate FAO Constitution: –Ensuring Humanity’s Freedom From Hunger  Right to Food Participation in UNDG, CCA, UNDAF –Human Rights Mainstreaming All Human Rights are Interrelated –Participation, Assembly, Opinion, Association, Labour Rights, Health, Education

World Food Summit Rome Declaration on World Food Security WFS Plan of Action: Objective 7.4 –Commission on Human Rights Resolutions –Special Rapporteur on the Right to Food –General Comment 12 of CESCR –Expert Consultations of OHCHR –NGO Code of Conduct WFS: five years later –IGWG/RTFG

Right to Food Guidelines Voluntary Guidelines to Support Member States in Progressive Realization of the Right to Adequate Food Voluntary Guidelines to Support Member States in Progressive Realization of the Right to Adequate Food IGWG Report to Council in Nov Meetings in March & October 2003, February & July 2004 Difficult Negotiations Ahead –

Related FAO Activities Information Papers –Recognition of the Right to Food at the National Level –Safety Nets & Right to Food –International Trade & Right to Food –Justiciability Country Case Studies/Country Projects –Sierra Leone, Uganda, South Africa –India, Orissa –Brazil, Honduras –Canada

FAO’s Vision for RTFGs Bring human rights and food security expertise together Guidelines for States that want to apply rights based approaches Practical tool to use when adapting legislation, institutions, policies  Avoid Lowest Common Denominator

Treaties re Right to Food UN Charter –Universal Declaration of Human Rights Economic, Social & Cultural Civil & Political Geneva Conventions, ICC Statute GenocideRefugees Women - CEDAW The Child

ICESCR Art 11 No 1 Right to Food Provision  Right to Adequate Standard of Living Including Food  Fundamental Right to be Free from Hunger CESCR General Comment 12  Interpretation “Bible”

Definition –Every Man, Woman And Child –Alone or in Community with Others –Physical and Economic Access –Produce or Procure –All Times –Adequate Quantity & Quality –Culturally Acceptable –Not Interfere with other Human Rights

State Obligations –Conduct & Results –Negative & Positive –Commission & Omission –Levels RespectProtectFulfil –Facilitate –Provide

Implementation Recognition Art. 2 ICESCR  Take Steps  Progressively Realize  Maximum of Available Resources  All Appropriate Means  Legislative Measures Other measures: Administrative, policy

Rights Based Approaches Main Principles  Participation  Accountability  Non-discrimination  Empowerment  Legal framework: Human rights

P articipation Who participates? –How to reach the excluded –Getting beyond local power structures In what do they participate? –From capacity and needs assessment to evaluation Voice and Leverage –Participation must be active, free and meaningful  Taken into account

A ccountability Main elements Standards Duty bearer - responsible actor Rights holders Mechanisms for redress, delivery and accountability States responsibility in human rights international accountability –human rights machinery, diplomacy national accountability –democracy, courts, ombudsmen, legislation

N on-Discrimination Key Prohibited Grounds Under Human Rights Law: –Race, Colour, Sex, Language, Religion, Political or Other Opinion, National or Social Origin, Property, Birth or Other Status  Disability, Age, HIV/AIDS Status, Sexual Orientation, Migratory or Displacement Status Special attention to vulnerable and excluded groups

E mpowerment In an Accountable System People Can Claim their Rights Make Demands on Duty-Bearers Complain & Get Redress Participation Should be Empowering  Means Relinquishing Control

L egal framework Human Rights = Point of Reference Prioritisation in spending, activities –implementation of key human rights: food, housing, water, other livelihood rights –priority to the poorest –measuring impact on realization of key rights for all process/civil rights in programming Advocacy, constructive engagement with governments

Integrating Rights in FAO’s work Assess & Evaluate PANEL Use PANEL in FAO Projects Encourage –Involvement of Human Rights Institutions Refer to: –Incorporation of Right to Food in Food Security Strategies and PRSPs –ICESCR –General Comment 12 –Rights Based Approaches

Check: Right to Food Strategy Explicit Recognition of Right to Food National Strategies, Targets & Benchmarks Coordinated Sector Policies & Institutions Public Participation Administrative Responsibility Legal Reform Monitoring Progress & Results Individual & Group Recourse Reporting to National & International HR Bodies

Links & Resources

Conclusion FAO Should Mainstream Right to Food Right to Food Strengthens Food Security PANEL Start Today!