Rights-based approach to development - The Human Right to Adequate Food Frank Mischler Right to Food Unit Economic and Social Department FAO, Rome

Overview 1.What is the right to food? 2.How can it be put into practice? 3.Could it yield better results?

The Right to Food “Every human being has the right to adequate food and the fundamental right to be free from hunger” FOOD is a HUMAN RIGHT

§ Right to Food § 852 million hungry

The Right to Food in international law Binding obligation of international law Universal Declaration of Human Rights International Covenant on Economic, Social and Cultural Rights Convention of the Rights of the Child  States MUST realize the right to food!

Art 11 ICESCR Right to Food Provision Right to Adequate Standard of Living Including Food Fundamental Right to be Free from Hunger

Normative Content 6. The right to adequate food is realized when every man, woman and child, alone or in community with others, has physical and economic access at all times to adequate food or means for its procurement. (General Comment No. 12, CESCR)

The RtF in Development World Food Summit 1996 General Comment No. 12 by CESCR World Food Summit: five years later, 2002 IGWG, Voluntary Guidelines

Rtf Guidelines Practical instrument based on human rights (not a recipe!) Guidance to fulfil the obligations under the ICESCR Tool to pursue the right to food in order to achieve the MDG

Levels of Obligation Respect: Limits on state power (e.g. not to interfere in livelihoods) Protect: Regulate conduct of non-state actors (e.g. food safety, environment, land tenure) Fulfil/Facilitate: Create an enabling environment (e.g. targeted policies) Fulfil/Provide: Provide safety nets, food aid

RtF = Food Security Right holders – not “beneficiaries” Duty bearers – not matter of choise Human rights – not charity Human Rights principles (Participation, Non-discrimination, transparency, equity) Accountability Empowerment NO!

First Conclusion The right to food is not a right to be fed! It’s a right to feed oneself in dignity

Implementation at national level How to translate RtF into policies? What is the difference between food security and right to food in practice? How to progressively implement RtF? Necessary resources?

Implementation steps (1) 1.Identifying the hungry and the underlying causes 2.Assessment of legal, institutional and policy framework 3.Formulation of implementation strategy

Implementation steps (2) 4.Identifying obligations and responsibility 5.Including recourse and complaint mechanisms 6.Monitoring

Legal framework Constitutional recognition Framework Law –Set principles, targets and benchmarks; –Assign responsibility to various levels; –Improve accountability through more precise responsibility and information; –Formalize participation and roles of NGOs and civil society in general.

Accountability Define role of different state actors Define rules for violation of right to food Mechanisms for redress, delivery and accountability Provide access to judicial system Establish quasi-judicial mechanisms (e.g. Ombudsmen)

Priority setting The “fundamental right to be free from hunger” is top priority Pro-poor budget allocation Public policies with special attention to vulnerable and excluded groups Balance economic growth, trade and RtF RtF not a sectorial issue

Capacity building Enable people to claim their rights Awareness Raising Public Hearings Human Rights Education (School and University curricula) Information about public policies

Participation and social inclusion Involvement of rights holders in policy planning and design Civil Society representation in government institutions In what do they participate? –From capacity and needs assessment to evaluation Voice and Leverage –Participation must be active, free and meaningful

Empowerment of Rights Holders Satisfying peoples’ basic food needs is a right rather than an act of benevolence. Invest in social capital Establishment of Rapporteurship (UN, Brazil), Ombudsmen, etc.

Transparency Information, Awareness Raising, Education Publicize government action in a comprehensive way Public hearing and debates Publicize outcome of Monitoring and Evaluation System

Learning by doing Establish a system of exchange of best practices National network of relevant stakeholders Publish success stories Bring Actors together

Country Example: Brazil National Rapporteur on right to food National food security council, incl Right to food WG School feeding programme Commission to monitor violations of the right to food Right to food framework law

Country Example: Sierra Leone President’s pledge Right to food Secretariat one of 3 pillars of PRSP

Second conclusion Cross-cutting issue - integration into all sectors Gives reason to economic growth and development Targets the root causes of hunger

Why implement the right to food?

Legal Obligation Customary Law (UDHR) Article 11 of International Covenant on Economic, Social and Cultural Rights (152 countries ratified) Other treaties (CEDAW, CRC, regional)

Economically sound Reducing hunger fosters economic growth Food secure people are more productive Malnourished loose in lifetime earning

Empowering Participation in decision-making Subsidiary Reduces invisibility Accountability

Third conclusion (I) There is an international obligation (hard law!) to act Economically, it makes a lot of sense Social and political reasons (not analyzed good enough)

Third conclusion (II) Right to a right  reduction of hunger a priority Gives people voice  better results Holistic approach (interdependency of rights) Efficiency gains by better monitoring

Frank Mischler Right to Food Unit Tel: Fax: Thank you