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December 12, 2004 

A human rights approach to control over food

Shaila Shahid

Food-the basic and fundamental need of life is organically connected to the most basic right to life. The concept of the right to food has been formally recognised since the adoption of the United Nations Universal Declaration of Human Rights (UDHR) in 1948.

United Nations has identified access to adequate food as both an individual right and a collective responsibility.

The 1948 Universal Declaration of Human Rights proclaimed that "everyone has the right to a standard of living adequate for the health and well being of himself and his family, including food…." Nearly 20 years later, the International Covenant on Economic, Social and Cultural Rights (1966) developed these concepts more fully, stressing "the right of everyone to …
adequate food" and specifying "the fundamental right of everyone to be free from hunger." A further recommitment to the right to adequate food came in 1999 from the United Nations Committee on Economic, Social and Cultural Rights. An authoritative statement, General Comment 12 also seeks to clarify the substance of the right to adequate food, stating that the right is realised "when every man, woman and child alone or in community with others (has) physical and economic access at all times to adequate food or means of its procurement". This implies the availability of food in a quantity and of a quality sufficient to satisfy the dietary needs of individuals, free from adverse substances and acceptable within a given culture. Also the accessibility of such food should be in a ways that are sustainable and that do not interfere with the enjoyment of other human rights.

The General Comment further identifies three types of obligations emanating from the International Covenant. That is like other economic and social rights, the right to adequate food confers an obligation over states to respect, protect and fulfilment of that right. This emphasises that states should not adopt measures that could ultimately prevent access to adequate food, rather state should adopt measures to ensure that no individuals are deprived of their access to adequate food and they should proactively engage in activities to strengthen peoples access to and use of resources, including means to ensure their livelihood and food security. Thus the livelihood and food security can be met by effective implementation of land laws, labour laws, humanitarian laws and genuine agrarian reform. Whenever an individual or group is unable for reasons beyond their control to obtain adequate food through the means at their disposal, states have the obligation to fulfil that right directly. The right to freedom from hunger is fundamental. This means that the state has an obligation to ensure, at the very least, that people do not starve. As such, this right is intrinsically linked to the right to life. Subsequently, its provision should not interfere with the enjoyment of other human rights -- for example, the acquisition of sufficient food for an adequate diet should not be so costly as to threaten the satisfaction of other socio-economic, civil and political rights.

Eradicating hunger is not merely a lofty ideal. Ensuring the right to adequate food and the fundamental right to be free from hunger is a matter of international law specifically enshrined in a number of human rights instruments to which states around the world have committed themselves.

Many existing multilateral agreements and Conventions addressed the right to food and enshrine utmost importance to get freedom from chronic hunger and malnutrition. A short list includes:
*Universal Declaration of Human Rights
*The International Covenant on Economic, Social and Cultural Rights
*Universal Declaration on The Eradication of Hunger and Malnutrition
*Convention on the Rights of The Child
*The Convention on Biological Diversity
*World Food Summit Plan of Action
*Beijing Platform for Action
*Habitat Agenda
*Agenda 21

It is to be mentioned that more than 40 countries of the world already have the right to food entrenched in their constitution though very few countries however elaborated the constitutional provisions into domestic legislation as required by the International Covenant. At present, there is no internationally binding instruments to recognise and guarantee the peoples and communities right to food. Nationally and internationally a binding instrument is urgently needed to guarantee and safeguard peoples and communities right to food, which can assure and provide the freedom and power to exercise the rights by the people.

A rights-based approach can provide to ensuring adequate food by empowering poor people who are food insecure. Empowerment also removes the full burden of states for providing food. When people enjoy food security they are also better able to participate in the civic life of their community and nation. The rights-based approach introduces the well-established principles in international human rights law and nondiscrimination and equality.

It is obvious that when we recognise peoples right to food then we must also recognise the right to produce food and assure the access to the productive resources like land, water and technology. Furthermore, mere recognition of rights cannot bring any changes until we realise and take necessary step towards achieving those. It assumes the recognition and empowerment of people and communities to realise their economic, social, cultural and political rights regarding the choice of food, access to food and to produce food of their culture. Hence a single and narrow approach of right to food cannot address and give the solutions of overcoming the problems of freedom from hunger. A more comprehensive approach from "Food security" to "Food sovereignty" can bring a pro-people movement where farmer has the control over their land and has access to resources to ensure food production.

The author is a Law Desk Assistant of The Daily Star.