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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 actionssuch as
undermining the CFSAMthat 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 States 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, peoples 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 GMBs operations, the sources of
GMB grain, and the size of the governments 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 governments
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.