Globalization and marginalization: Implementing Human Rights Challenges for the Implementation of the Right to Adequate Food Carlos Lopez Ad hoc Unit Right to Food Guidelines FAO- OHCHR

Brief History 1996 World Food Summit (WFS) recognized the right to have access to food, and called for clarification of normative content of Right to Adequate Food. 1997 First expert consultation- OHCHR 1998 Second expert consultation- OHCHR General Comment 12- CESCR 2001 Third expert consultation: call for implementation 2002 WFS fyl declaration on “Alliance Against Hunger” called for elaboration of Right to Adequate Food Guidelines. 2003- Intergovernmental Working Group (IGWG) with Bureau established. Ad hoc Unit: Right to Food Guidelines (FAO) put in place to service IGWG and Bureau. FAO website: www.fao.org/righttofood

IGWG Structure and process (1) IGWG - Objective “….to elaborate, with the participation of stakeholders, in a period of two years, a set of voluntary guidelines to support Member Nations’ efforts to achieve the progressive realization of the right to adequate food in the context of national food security.” 1. Voluntary (cannot “dilute” existing obligations) 2. Operational (not normative) 3. Practical tool to help states (not developing or adopting progressively operationalize new legal standards) existing right to food norms 4. In the context of national (with necessary food security international linkages)

IGWG Structure and process (2) IGWG - Participants Members of FAO and all member nations of the UN. Stakeholders – relevant international organizations, regional institutions, NGOs and academic institutions. Stakeholders participate fully in discussions.

IGWG Structure and process (3) IGWG - Meetings IGWG I (March 2003) – General debate on basis of Synthesis Report of submissions and views. Bureau tasked to prepare first draft of Voluntary Guidelines. IGWG II (October 2003) – Bureau’s first draft examined and summary prepared of main comments. Intersessional meeting (Open-ended Working Group) scheduled to start negotiations. OEWG (February 2004) – specific proposals made to modify draft Voluntary Guidelines; no negotiations. Bureau tasked to consolidate proposals (438). Bureau (May 2004) – second draft of Voluntary Guidelines prepared to serve as basis for negotiations at last meeting of IGWG. IGWG III (4-9 July 2004) – final negotiation of Voluntary Guidelines.

IGWG Structure and process (4) IGWG – Intersessional activities (1) Information papers prepared to help clarify issues relevant to elaboration of the Voluntary Guidelines Recognition of the Right to Food at the National Level. Safety Nets and the Right to Food. Implications of the Voluntary Guidelines for parties and non-parties to the International Covenant on Economic, Social and Cultural Rights. Justiciability of the Right to Adequate Food. Right to Food principles vis-à-vis Rules Governing International Trade. Food Aid and Right to Adequate Food. Identifying and Targeting Vulnerable Groups and the Right to Food. Monitoring the Right to Adequate Food.

IGWG Structure and process (5) IGWG – Intersessional activities (2) Case Studies To gather information on practical in-country experience in implementing the right to adequate food in Brazil, Canada India, South Africa and Uganda. Projects Support to Brazil to Monitor the Operalization of the Right to Adequate Food Support for Honduras Seminar on Right to Adequate Food Support to Sierra Leone on Right to Adequate Food Coordination

Results/Observations (1) Voluntary Guidelines: Contents, Bureau Draft Part I: Introduction Part II: Enabling Environment GUIDELINE 1: DEMOCRACY, INDIVIDUAL FREEDOMS AND HUMAN RIGHTS GUIDELINE 2: ECONOMIC DEVELOPMENT POLICIES GUIDELINE 3: STRATEGIES GUIDELINE 4: MARKET SYSTEMS GUIDELINE 5: INSTITUTIONS GUIDELINE 6: LEGAL FRAMEWORK GUIDELINE 7: ACCESS TO RESOURCES AND ASSETS Guideline 7a: Labour Guideline 7b: Land Guideline 7c: Water Guideline 7d: Genetic Resources for Food and Agriculture

Results/Observations (2) Voluntary Guidelines: Contents, Bureau Draft GUIDELINE 8: FOOD SAFETY AND CONSUMER PROTECTION GUIDELINE 9: NUTRITION GUIDELINE 10: EDUCATION AND AWARENESS RAISING GUIDELINE 11: NATIONAL FINANCIAL RESOURCES Part III: Assistance GUIDELINE 12: TARGETING VULNERABLE GROUPS GUIDELINE 13: SAFETY NETS GUIDELINE 14: INTERNATIONAL FOOD AID GUIDELINE 15: EMERGENCIES Part IV: Accountability and Rule of Law GUIDELINE 16: MONITORING, INDICATORS AND BENCHMARKS GUIDELINE 17: NATIONAL HUMAN RIGHTS INSTITUTIONS Part V: International Framework

Results/Observations (3) Challenges: obstacles (1) ICESCR not universally ratified. Different opinions about nature and level of obligations of States Parties: respect, protect and fulfil Coverage: armed conflicts Legal mechanisms/actions at national level e.g. Legislation on right to food Judicial and other recourses International Dimension Nevertheless, there is substantial consensus on many issues (most guidelines).

Results/Observations (3) Challenges: contributions (2) Important step in the incorporation of human rights in FAO First time FAO Members discuss human rights issues in a FAO forum Opportunity for concerted action FAO-OHCHR Mobilization of coalition: countries, NGOs-CSOs, and agencies for the right to food Basis to move forward in implementation

Future plans Conclude Voluntary Guidelines. Continue cooperation with countries implementing right to food at national level. Integrate right to food norms and principles into FAO analysis, programming and implementation. Continue/expand cooperation with other bodies (e.g. UNHCHR, UNESCO, WHO, UN-WIDER, NGOs) in normative and operational exercises to strengthen understanding of implementing right to adequate food at national level.

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