164
(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.
Further, the World Conference on Human Rights declared that “human rights
derive from the dignity and worth inherent in the human person.”
While these statements provide an important foundation for international FEW
governance, it is important to note that energy and water were not explicitly recognized, and that no enforceable obligations are included (i.e., they constitute soft law).
In the 1990s, it was observed that the increase in global food production per
person made possible by the Green Revolution had not reduced the total number of
people without adequate food supplies. Amartya Sen (see Sect. 3.4) and others
argued that the problem was a result of poor governance associated with social
injustice, and failures in governments and other important institutions. The 1996
World Summit of Food Security prosed that tools be created to allow people to force
their governments to take concrete steps to enforce the right to food.
In 1999, the UN Committee on Economic, Social and Cultural Rights (CESCR),
a group of experts that monitored implementation of the Covenant by countries that
were parties to the Covenant issued statement on what the right entailed. They stated,
States have a core obligation to take the necessary action to mitigate and alleviate hunger as
provided for in paragraph 2 of article 11, even in times of natural or other disasters…
Every State is obliged to ensure for everyone under its jurisdiction access to the minimum essential food which is sufficient, nutritionally adequate and safe, to ensure their
freedom from hunger…
The right to adequate food, like any other human right, imposes three types or levels of
obligations on States parties: the obligations to respect, to protect and to fulfil. In turn, the
obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide.
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 fulfil (facilitate) means the State must proactively 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 fulfil (provide)
that right directly. This obligation also applies for persons who are victims of natural or
other disasters.
The obligations to respect, protect, and fulfill form the core obligations of governments. These obligations were elaborated upon in a 2004 FAO document titled
Voluntary Guidelines to support the Progressive Realization of the Right to Adequate
Food in the Context of National Food Security (also called “Right to Food
Guidelines”, Food and Agricultural Organization 2005).
A. Belinskij et al.
Précédent

- 176/686

Suivant