Background Briefing

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VI. APPENDIX
The right to food: obligations under international law

Both the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights guarantee the right to food. Adopted in 1948 by the General Assembly, Article 25 of the Universal Declaration couches the right within the broader context of an adequate standard of living that includes health, food, medical care, social services, and economic security.50

In 1991, Zimbabwe acceded to the International Covenant on Economic, Social and Cultural Rights (CESCR), which contains specific and detailed provisions about the right to food. Zimbabwe thus recognizes the right of everyone to adequate food, and as a State Party to the Covenant, agrees to “take appropriate steps to ensure the realization of this right…”51 The Covenant further binds Zimbabwe to work cooperatively with the international community to alleviate hunger within its borders; Article 11 (2) states:

The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international cooperation, the measures, including specific programs, which are needed:

(a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;

(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.52

Article 2(1) similarly states, “Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and cooperation, …, to the maximum of its available resources …”53 Regarding the nature of States’ obligations under the covenant, General Comment 3 specifies:

The Committee notes that the phrase: to the maximum of its available resources” was intended by the drafters to refer to both the resources existing within a State and those available from the international community through international cooperation and assistance.54

Thus, the government of Zimbabwe has a legal obligation to utilize available international resources. If, with knowledge of need, the government failed to take advantage of these resources or took actions—such as undermining the CFSAM—that impeded the availability of international assistance, then the government would be violating its citizens’ right to food. Likewise, the international community must make the maximum possible level of assistance available.

In 1999, the U.N. Committee on Economic, Social and Cultural Rights provided comment on the right to food, clarifying State Party duties. General Comment 12 defines the “core content” of the right to food as “the availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals …; the accessibility of such food in ways that are sustainable…”55 Thus, for both the government of Zimbabwe and the international community, fulfilling this obligation means providing not only food but also agricultural inputs and technical assistance, which are essential to sustaining adequate availability of food in Zimbabwe.

General Comment 12 further defined the State’s obligation to provide a right to food as tripartite,

[A state has] the obligations to respect, to protect and to fulfill… The obligation to respect existing access to adequate food requires States parties not to take any measures that result in preventing such access. The obligation to protect requires measures by the State to ensure that enterprises or individuals do not deprive individuals of their access to adequate food. The obligation to fulfill (facilitate) means the State must pro-actively engage in activities intended to strengthen people's access to and utilization of resources and means to ensure their livelihood, including food security. Finally, whenever an individual or group is unable, for reasons beyond their control, to enjoy the right to adequate food by the means at their disposal, States have the obligation to fulfill (provide) that right directly. This obligation also applies for persons who are victims of natural or other disasters.56

General Comment 12 stresses the need for accountability and transparency in implementing national strategies for the right to food:

The formulation and implementation of national strategies for the right to food requires full compliance with the principles of accountability, transparency, people’s participation … Appropriate institutional mechanisms should be devised to secure a representative process towards the formulation of a strategy, drawing on all available domestic expertise relevant to food and nutrition.57

It is not sufficient for the government to assert that it will provide food should food shortages materialize. Rather, the government has an obligation to justify and support its capacity to do so. While the government continues to obscure the GMB’s operations, the sources of GMB grain, and the size of the government’s strategic maize reserve, it is difficult for Zimbabweans, let alone the international community, to plan appropriately for the future and to ensure access to sufficient quantities of food.

To the extent that the government’s strategy involves a decentralized approach, the national government remains accountable under the Covenant for the actions of its agents who are implementing that strategy.58 Such accountability includes responsibility for any arbitrary or discriminatory actions that deprive those in need of access to food, whether by village heads, other local community leaders, or ZANU PF supporters.59

The CESCR warns State Parties against discrimination.60 General Comment 12 specifies that it is a violation of the CESCR to discriminate with respect to “access to food, as well as to means and entitlements for its procurement, on the grounds of race, color, sex, language, age, religion, political or other opinion, national or social origin, property, birth or other status…”61 Inequitable distribution of the right to food breaches the Covenant62 and a state violates its obligations as a State Party when it allows or engages in distribution practices designed to consolidate control, or further political goals.

Furthermore, primary responsibility for preventing and remedying hunger lies with the State Party. When financial constraints prevent action, the State Party must take the lead in seeking international assistance.63 The comment states, “States parties should recognize the essential role of international cooperation and comply with their commitment to take joint and separate action to achieve the full realization of the right to adequate food.”64

As a member of the United Nations, and as a State Party to the CESCR, Zimbabwe recognizes the right to adequate food for its people. When it does not fully disclose information vital to ensuring Zimbabweans’ access to food or consistently tolerates opportunistic abuse, Zimbabwe abrogates its international legal and treaty obligations.

The CESCR also binds donor countries and international humanitarian organizations. They must not politicize aid. Paragraph 37 of General Comment 12 specifically forbids conditional food assistance, and/or embargoes that use food as an economic or political lever:

States parties should refrain at all times from food embargos or similar measures which endanger conditions for food production and access to food in other countries. Food should never be used as an instrument of political and economic pressure.65

In fact, parties to the CESCR agree to help other state parties in need. The General Comment reminds States of their commitment to

Take joint and separate action to achieve the full realization of the right to adequate food. … States parties should take steps to respect the enjoyment of the right to food in other countries, to protect that right, to facilitate access to food and to provide the necessary aid when required.66

Organizations, such as the WFP also play a special role in setting the example for proper protection of economic and social rights when implementing their programs. Paragraph 40 of General Comment 12 specifically calls upon U.N. humanitarian agencies to promote and realize the right to food in places where they intervene.67





[50] Art. 25, Universal Declaration of Human Rights, Resolution 217 A (III), December 10, 1948

[51] Art. 11 (1), International Covenant on Economic, Social and Cultural Rights (CESCR), Resolution 2200 A (XXI), 16 December, 1966. Acceded to by Zimbabwe on May 13, 1991.

[52] Art. 11 (2), CESCR.

[53] Art. 2 (1), CESCR.

[54] ‘The nature of States parties obligations (Art. 2, par.1)’: .14/12/90. CESCR General Comment 3 (13). (General Comments).

[55] ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (8). (General Comments).

[56] ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (15). (General Comments).

[57] ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (23) and (24). (General Comments).

[58] ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (20). (General Comments).

[59] ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 19. (General Comments). “Violations of the right to food can occur through the direct action of States or other entities insufficiently regulated by States. These include … denial of access to food to particular individuals or groups, whether the discrimination is based on legislation or is pro-active; the prevention of access to humanitarian food aid in internal conflicts or other emergency situations; … and failure to regulate activities of individuals or groups so as to prevent them from violating the right of food of others ….”

[60] Art. 3, CESCR.

[61] ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (18) and (37). (General Comments).

[62] ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (26). (General Comments).

[63] ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (17). (General Comments).

[64] ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (36). (General Comments).

[65] ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (37). (General Comments).

[66] ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment (36). (General Comments).

[67] ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (40). (General Comments). “The role of the United Nations agencies, including through the . . . UNDAF at the country level, in promoting the realization of the right to food is of special importance. Coordinated efforts for the realization of the right to food should be maintained to enhance coherence and interaction among all the actors concerned, including the various components of civil society.” It further called upon the UN agencies such as UNICEF, the WFP, and the UNDP to cooperate more fully, and focus their efforts with the needs of the recipients in mind, rather than their own narrow mandates.


<<previous  |  indexAugust 12, 2004