1. The Right to Food in Practice Margret Vidar, Legal Office IGWG-RTFG Bureau, 12 June 2003

2. Overview National Constitutions General India South Africa National Dialogues Uganda Sierra Leone Brazil

3. National Constitutions Advantages Highest Law Reaffirms Importance Above Politics Policy Guidance Reality Vague Short Not Justiciable Ignored  A Good Start, But Rarely Enough

4. Ways of Addressing Weaknesses Constitutional Amendments Direct Applicability of International Agreements Incorporating International Agreements by Law Framework Law

5. State of National Constitutions Direct Mention21 Implicit Protection17 Elements/Dimensions7 Social Security49 Minimum Wages22 Other Implicit2 TOTAL118

6. Examples Everyone has the Right to Adequate Standard of Living, Including Food. State Must Ensure Good Nutrition Everyone has the Right to a Dignified Life Food Safety Shall Be Ensured Agriculture Shall Have High Priority

7. Caveats Questionable Justiciability Explicitly Non-Justiciable Little Jurisprudence Details Under Research

8. Justiciability Pioneering Cases South Africa India

9. Supreme Court Case Confirmed Violation of the Right to Food Art. 47 Constitution Duty of the State to Raise Level of Nutrition Previously Considered Non-Justiciable Interim Orders to States to Take Action No Final Verdict Yet

10. South Africa Three Constitutional Provisions General Right to Food and Water Progressive Implementation Reasonable Legislative and Other Measures Right of the Child Right of Prisoners Immediate Implementation Duty of State to Respect, Protect, Fulfil

11. Justiciability Clear Constitutional Provision Class, Group, Individual Approach Competent Court Alleging Infringement, Threat to Right Court May Grant Appropriate Relief Including Declaration of Rights

12. Jurisprudence Grootboom Case: Right to Adequate Housing Illegal Squatters Evicted: Constitutional Challenge Supreme Court Referred to ICESCR for Interpretation Applied a Test of Reasonableness Recognized State Generally Taking Reasonable Steps for Progressive Realization Not Reasonable to Evict These Illegal Squatters Because People in Desperate Need Justiciability of ESCR Confirmed

13. South African Human Rights Commission - SAHRC Established in Accordance with Paris Principles on National Human Rights Institutions Independence Constitutionally Ensured Objectives Develop Awareness Recommendations to State Organs Report to Parliament Investigate Complaints

14. Monitoring SAHRC Annual Report to National Assembly on Progressive Realisation of ESCR in Bill of Rights Questionnaires – Protocols Sent to National & Provincial Government Relevant Departments for Each Right Legislative, Policy Measures, Programmes Budgets, Monitoring & Outcome Measures

15. Vulnerable Groups Rural Areas Informal Settlements Homeless Female-Headed Women Children Disabilities Older HIV/AIDS Previously Disadvantaged Racial Groups, Indigenous

16. National Dialogues - Seminars South Africa Brazil Norway Uganda Mali Sierra Leone Nepal - Forthcoming

17. General Outcomes Primacy of Right to Adequate Food Accountability, Transparency, Participation, Non-Discrimination, Rule of Law, Justice Monitoring Mechanisms Policy, Legislative Reviews Identify Food Insecure Framework Law

18. Uganda Seminar Recommendations Legislative Framework Constitution, Comprehensive Legal Review Policies Food & Nutrition Policy Amended Monitoring UHRC Lead Monitoring Task Force Awareness Raising Research & Information Institutional Framework Coordination – Steering Committee Strengthen Secretariat of Food & Nutrition Council

19. Sierra Leone President’s Commitment Symposium Recommendations RTF Coordination Committee + Secretariat Independent Monitoring Mechanism Constitutional Amendment Legislative Action Germany Committed € 250.000

20. Brazil President Lula’s Zero Hunger Programme Long Social Activism National Rapporteur on Right to Food Advisory Council on Right to Food Coordination Mechanism Monitoring Project

21. Final Remarks More Details in Future Country Case Studies Constitutional Study Further Legal Studies