The Right to Food in Practice Margret Vidar

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

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

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

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

State of National Constitutions Direct Mention n Implicit Protection n Elements/Dimensions n Social Security n Minimum Wages n Other Implicit n TOTAL n 21 17 7 49 22 2 118

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

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

Justiciability n Pioneering Cases n South n India Africa

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

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

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

Jurisprudence n Grootboom Case: Right to Adequate Housing n Illegal Squatters Evicted: Constitutional Challenge n Supreme Court n n Referred to ICESCR for Interpretation Applied a Test of Reasonableness n n n 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

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

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

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

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

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

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

Sierra Leone President’s Commitment n Symposium Recommendations n n n RTF Coordination Committee + Secretariat Independent Monitoring Mechanism Constitutional Amendment Legislative Action Germany Committed € 250. 000

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

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