The Voluntary Guidelines on the Progressive Realization of the Right to Adequate Food in the Context of National Food Security Margret Vidar Legal Officer FAO International Workshop on Right to Food Framework Law Brasilia December 2004

Overview Right to Food Milestones Right to Food Milestones Intergovernmental Working Group on Right to Food Guidelines Intergovernmental Working Group on Right to Food Guidelines Content of Right to Food Guidelines Content of Right to Food Guidelines Legal Framework Legal Framework

Freedom from Want Four Freedoms Speech: Four Freedoms Speech: Foundations of UNFoundations of UN Universal Declaration of Human Rights Universal Declaration of Human Rights Article 25Article 25 Adequate Standard of LivingAdequate Standard of Living Including FoodIncluding Food Possible Customary International Law Possible Customary International Law Links to UN CharterLinks to UN Charter

Treaties Economic, Social & Cultural Economic, Social & Cultural Civil & Political Civil & Political Geneva Conventions, ICC Statute Geneva Conventions, ICC Statute Genocide Convention Genocide Convention Refugee Convention Refugee Convention Women’s Rights - CEDAW Women’s Rights - CEDAW Rights of the Child Rights of the Child

Implementation & Interpretation Sub-Commission on Human Rights - Asbjorn Eide, (1980s) Sub-Commission on Human Rights - Asbjorn Eide, (1980s) World Food Summit (1996) World Food Summit (1996) NGO Code of Conduct (1997) NGO Code of Conduct (1997) High Commissioner for Human Rights: Expert Consultations (1997, 1998, 2001) High Commissioner for Human Rights: Expert Consultations (1997, 1998, 2001) General Comment 12 of CESCR (1999) General Comment 12 of CESCR (1999) Special Rapporteur (2000) Special Rapporteur (2000) World Food Summit: Five Years Later (2002) World Food Summit: Five Years Later (2002)

WFS: fyl (June 2002) Reaffirmed Right of Everyone to Adequate Food and Fundamental Right to be Free From Hunger Reaffirmed Right of Everyone to Adequate Food and Fundamental Right to be Free From Hunger Asked FAO to Establish an Intergovernmental Working Group to Elaborate Voluntary Guidelines on Progressive Realization of the Right to Adequate Food Asked FAO to Establish an Intergovernmental Working Group to Elaborate Voluntary Guidelines on Progressive Realization of the Right to Adequate Food

IGWG Process 2 years 2 years Participation of Stakeholders Participation of Stakeholders Brazilian Special RapporteurBrazilian Special Rapporteur IGWG: Four Sessions IGWG: Four Sessions One Inter-Session Working Group One Inter-Session Working Group Bureau: Two Drafting Sessions Bureau: Two Drafting Sessions Friends of Chair: Negotiation Session Friends of Chair: Negotiation Session Voluntary Guidelines Adopted by FAO Council in November 2004 Voluntary Guidelines Adopted by FAO Council in November 2004 Brazil: Brazil: Bureau member for GRULACBureau member for GRULAC Very Active in NegotiationsVery Active in Negotiations

FAO Activities Providing Negotiation Forum Providing Negotiation Forum Preparation of First Draft Preparation of First Draft Information Papers Information Papers Case Studies – Including Brazil Case Studies – Including Brazil Support to Country Activities – Including Brazil Special Rapporteur Support to Country Activities – Including Brazil Special Rapporteur

Right to Food Guidelines Voluntary – Not Legally Binding Voluntary – Not Legally Binding Addressed to All States Addressed to All States Parties and Non-Parties to ICESCRParties and Non-Parties to ICESCR Role of Stakeholders AcknowledgedRole of Stakeholders Acknowledged Practical Tool: What to Do Practical Tool: What to Do Consensus by All States on Meaning of Right to Food and Ways of Implementation Consensus by All States on Meaning of Right to Food and Ways of Implementation Principles: Principles: Universality – Developed & Developing CountriesUniversality – Developed & Developing Countries Non-DiscriminationNon-Discrimination Interdependence of All Human RightsInterdependence of All Human Rights Rule of LawRule of Law ParticipationParticipation Protection of Vulnerable Groups & IndividualsProtection of Vulnerable Groups & Individuals

Voluntary Guidelines – Contents Section I: Preface and Introduction Section I: Preface and Introduction Including What are Food Security, Right to Food, Rights Based ApproachesIncluding What are Food Security, Right to Food, Rights Based Approaches Section II: Enabling Environment, Assistance and Accountability Section II: Enabling Environment, Assistance and Accountability Guidelines Guidelines Section III: International Measures, Actions and Commitments Section III: International Measures, Actions and Commitments

Section II: Guidelines : Democracy, Good Governance, Human Rights and the Rule of Law 2: Economic Development Policies 3: Strategies 4: Market Systems 5: Institutions 6: Stakeholders 7: Legal Framework 8: Access to Resources and Assets 9: Food Safety and Consumer Protection 10: Nutrition

Guidelines : Education and Awareness Raising 12: National Financial Resources 13: Support for Vulnerable Groups 14: Safety Nets 15: International Food Aid 16: Natural and Human-Made Disasters 17: Monitoring, Indicators and Benchmarks 18: National Human Rights Institutions 19: International Dimension

Guideline 18: National Human Rights Institutions Establish National Human Rights Institutions Establish National Human Rights Institutions Commissions, Ombudspersons, etc.Commissions, Ombudspersons, etc. Independence: Paris Principles Independence: Paris Principles Mandate to Include Right to Food Mandate to Include Right to Food Civil Society Participation Civil Society Participation

Paris Principles Principles Relating to the Status and Functioning of National Institutions for Protection and Promotion of Human Rights Principles Relating to the Status and Functioning of National Institutions for Protection and Promotion of Human Rights Commission on Human Rights Resolution 1992/54Commission on Human Rights Resolution 1992/54 General Assembly Resolution A/RES/48/134General Assembly Resolution A/RES/48/134 Composition and Guarantees of Independence and Pluralism Composition and Guarantees of Independence and Pluralism

Guideline 7: Legal Framework Domestic Legal and Constitutional Provisions Domestic Legal and Constitutional Provisions Brazil: ConstitutionBrazil: Constitution Direct Incorporation of Right to Food Direct Incorporation of Right to Food Adequate, Prompt, Effective Remedies Adequate, Prompt, Effective Remedies Public Information on Rights Public Information on Rights

Inherent Difficulties w/RtF Complex & Cross Cutting Complex & Cross Cutting Ideology Ideology Hunger Hunger Agency Agency Asymmetry Asymmetry Private Goods Private Goods Legislative Framework Can Address Legislative Framework Can Address

Framework Law Explicit Obligation in ICESCR Art. 2: Legislative Measures Explicit Obligation in ICESCR Art. 2: Legislative Measures General Comment 12 Recommendation General Comment 12 Recommendation GoalsGoals TimeframeTimeframe Civil Society ParticipationCivil Society Participation MonitoringMonitoring RecourseRecourse

Advantages of Clear Legal Framework Transparency & Accountability Transparency & Accountability Define Rights Define Rights Set Principles for Policies Set Principles for Policies Spell Out Obligations Spell Out Obligations Define Violations Define Violations Assign Responsibility Assign Responsibility Strengthen Coordination Strengthen Coordination Vertical: Federal, State, Regional, CommunityVertical: Federal, State, Regional, Community Horizontal: Between Sectors of GovernmentHorizontal: Between Sectors of Government

What Else Can Law Do? Ensure Participation Ensure Participation Entitlements Entitlements Benchmarks Benchmarks Recourse Recourse Monitoring Monitoring Role of Human Rights Institutions Role of Human Rights Institutions Priority Priority

Content of Law Everyone’s Right to Food Everyone’s Right to Food Obligations to Respect, Protect, Fulfil Obligations to Respect, Protect, Fulfil Institutional Responsibilities Institutional Responsibilities Entitlements Entitlements Recourse & Remedies Recourse & Remedies Monitoring & Benchmarks Monitoring & Benchmarks Set Agenda for Further Legislative Review Set Agenda for Further Legislative Review Revoke Contrary Laws Revoke Contrary Laws

Right to Food Obligations Obligations of All to Respect the Right to Food of Individuals Obligations of All to Respect the Right to Food of Individuals Obligation of All Organs of State to Protect the Right to Food (Legislature, Judiciary, Executive) Obligation of All Organs of State to Protect the Right to Food (Legislature, Judiciary, Executive) Obligation of Specific Organs to Facilitate & Provide the Right to Food Obligation of Specific Organs to Facilitate & Provide the Right to Food Justiciability of Obligations Justiciability of Obligations

Institutional Responsibilities Role of Different Ministries Role of Different Ministries Responsibility & Authority of Coordination Bodies Responsibility & Authority of Coordination Bodies CONSEA, etc.CONSEA, etc. Responsibility of Local Government Responsibility of Local Government FinancingFinancing Accountability Mechanism Accountability Mechanism

Benchmarks & Targets Not Appropriate for Law to Establish Specific Benchmarks or Targets Not Appropriate for Law to Establish Specific Benchmarks or Targets Law Could Stipulate Law Could Stipulate Who Sets the BenchmarksWho Sets the Benchmarks Participatory Process for Establishing TargetsParticipatory Process for Establishing Targets Periodicity of Updating Benchmarks & TargetsPeriodicity of Updating Benchmarks & Targets What Happens if Targets Not Met?What Happens if Targets Not Met?

Right to Food Monitoring Role of Human Rights Commissions Role of Human Rights Commissions Role of Special Rapporteur Role of Special Rapporteur Responsibilities of Information Providers and Collectors Responsibilities of Information Providers and Collectors Public Participation Public Participation

Sectoral Legislation Various Areas Impact Right to Food Various Areas Impact Right to Food Cannot All Be Covered in One Law Cannot All Be Covered in One Law Legislative Review Assessment Legislative Review Assessment Identification of Laws Needing Revision Identification of Laws Needing Revision Legislative Reform Agenda Legislative Reform Agenda

Areas of Legal Assessment Food Safety & Control; Consumer ProtectionFood Safety & Control; Consumer Protection Food Fortification & Nutritional QualityFood Fortification & Nutritional Quality Drinking Water & SanitationDrinking Water & Sanitation Access to Land and Natural ResourcesAccess to Land and Natural Resources Social Safety NetsSocial Safety Nets Emergency Food Assistance, School Feeding, Nutrition Supplements, Food for Work/Training Emergency Food Assistance, School Feeding, Nutrition Supplements, Food for Work/Training Public Education in NutritionPublic Education in Nutrition Special Protection of Vulnerable GroupsSpecial Protection of Vulnerable Groups Trade, Taxes, Tariffs, SubsidiesTrade, Taxes, Tariffs, Subsidies Market & Price MonitoringMarket & Price Monitoring Food StocksFood Stocks Etc.Etc.

Minas Gerais Draft Law Covered Right to Food Right to Food Principles of Policy Principles of Policy CONSEA-MG CONSEA-MG Links to Local Government Links to Local Government Civil Society Participation Civil Society ParticipationMissing Role of Ministries Role of Ministries Monitoring Monitoring Remedies Remedies Ensuring Compliance Ensuring Compliance More Clarity More Clarity

Conclusion Right to Food: Long Recognized - Now Meaningful Implementation? Right to Food: Long Recognized - Now Meaningful Implementation? Right to Food Guidelines: New Tool in Fighting Hunger Right to Food Guidelines: New Tool in Fighting Hunger Legislative Framework Should be Developed Legislative Framework Should be Developed FAO Looks Forward to Learning from Brazil’s Legislative Experience FAO Looks Forward to Learning from Brazil’s Legislative Experience

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