Condensed: States should promote the access of vulnerable groups to and the sustainable use of food producing resources, such as land and water and their allocation among users giving due regard to efficiency and the satisfaction of basic human needs in an equitable manner and that balances the requirement of preserving or restoring the functioning of ecosystems with domestic, industrial and agricultural needs, including safeguarding drinking water quality. Land and water pollution can result for example from activities such as gold mining, industrial processes such as paper production and from chemicals used in fumigation processes that destroy unwanted plants. Violations of the right to food related to these activities occur when people are unable to feed themselves because agricultural land is no longer able to produce crops or due to lack of good quality water.
Comprehensive: For the right to food the destruction of food producing resources is relevant to the extent that it prevents people’s access to such resources and hence to food. The destruction of access to food producing resources is therefore included in this category of violations. The voluntary guidelines on the right to food developed by the Food and Agricultural Organisation (FAO) provide that states should adopt measures that promote conservation and sustainable use of land.[1] Similarly, states should promote access to and the sustainable use of water resources, ‘and their allocation among users giving due regard to efficiency and the satisfaction of basic human needs in an equitable manner and that balances the requirement of preserving or restoring the functioning of ecosystems with domestic, industrial and agricultural needs, including safeguarding drinking water quality’.[2] The CESCR similarly recognises the importance of water to the production of food and therefore the realisation of the right to food.[3] (See *safe drinking water and sanitation*) States should take measures to prevent the erosion of and ensure the conservation and sustainable use of genetic resources for food and agriculture.[4] In order to maintain the sustainability of food production, states are required to protect ecological sustainability, prevent water pollution, protect the fertility of the soil, and promote the sustainable management of fisheries and forestry.[5] Land and water pollution can result for example from activities such as gold mining, industrial processes such as paper production and from chemicals used in fumigation processes that destroy unwanted plants.[6] (See *pollution of water resources*) States are required to protect food producing resources by ensuring that activities of third parties such as the private business sector are in conformity with the right to food.[7]In the SERAC case, the African Commission found the Nigerian government in violation of its obligations in relation to the right to food because it had destroyed food sources through its security forces and the state oil company, and had also allowed private oil companies to destroy food sources.[8] Such breaches of states obligations amount to violations of the right to food if these breaches incapacitate people from feeding themselves because agricultural land is no longer able to produce crops due to erosion or destruction of topsoil, or because they lack good quality water with which to grow their food, or due to displacement resulting from the granting of mining concessions, land grabbing for agrofuel and other activities people lose access to productive agricultural land or water sources for fishing.[9] The destruction of agricultural land, water resources, irrigation works amongst other things during conflict situations in order to deny the population sustenance is prohibited.[10] Forcibly evicting peasants, nomadic people, fisherfolk or indigenous people from their land, fishing grounds or forests as food resources, amounts to a violation of the right to food (among other human rights). Moreover, violations in this category include the destruction of people’s access to essential inputs such as seeds. Access to markets is sometimes essential for vulnerable persons and communities to satisfy their food needs. Preventing or destroying their access to markets for vulnerable implies violations of their right to food. A notorious example of such violations is the dumping food on a local market of vulnerable farming or herding communities.
Additional references A Eide ‘The right to an adequate standard of living including the right to food’ in A Eide et al (eds) Economic, Social and Cultural Rights (2001) 133-148 J Ziegler et al The fight for the right to food: Lessons learned (2011) FAO Right to food and access to natural resources: Using human rights arguments and mechanisms to improve resource access for the rural poor (2009)
[1] FAO Voluntary guidelines to support the progressive realisation of the right to adequate food in the context of national food security (2005) guideline 8B. [2] Voluntary guidelines 8C. [3] CESCR, General Comment 15 para 6. [4] Voluntary guidelines 8D. [5] Voluntary guidelines 8E. [6] See discussion in R Künnemann & S Epal-Ratjen ‘Starving the future: Ecodestruction and the human right to food’ FIAN (2001) 121-128. [7] CESCR General Comment 15 para 27. [8]Social and Economic Rights Action Centre (SERAC) & Another v Nigeria (2001) AHRLR 60 (ACHPR 2001) para 66. [9]R Künnemann & S Epal-Ratjen, 121-128. [10]Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) art 54; Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) art 14.
States should promote the access of vulnerable groups to and the sustainable use of food producing resources, such as land and water and their allocation among users giving due regard to efficiency and the satisfaction of basic human needs in an equitable manner and that balances the requirement of preserving or restoring the functioning of ecosystems with domestic, industrial and agricultural needs, including safeguarding drinking water quality.
Land and water pollution can result for example from activities such as gold mining, industrial processes such as paper production and from chemicals used in fumigation processes that destroy unwanted plants. Violations of the right to food related to these activities occur when people are unable to feed themselves because agricultural land is no longer able to produce crops or due to lack of good quality water.
Comprehensive:
For the right to food the destruction of food producing resources is relevant to the extent that it prevents people’s access to such resources and hence to food. The destruction of access to food producing resources is therefore included in this category of violations. The voluntary guidelines on the right to food developed by the Food and Agricultural Organisation (FAO) provide that states should adopt measures that promote conservation and sustainable use of land.[1] Similarly, states should promote access to and the sustainable use of water resources, ‘and their allocation among users giving due regard to efficiency and the satisfaction of basic human needs in an equitable manner and that balances the requirement of preserving or restoring the functioning of ecosystems with domestic, industrial and agricultural needs, including safeguarding drinking water quality’.[2] The CESCR similarly recognises the importance of water to the production of food and therefore the realisation of the right to food.[3] (See *safe drinking water and sanitation*)
States should take measures to prevent the erosion of and ensure the conservation and sustainable use of genetic resources for food and agriculture.[4] In order to maintain the sustainability of food production, states are required to protect ecological sustainability, prevent water pollution, protect the fertility of the soil, and promote the sustainable management of fisheries and forestry.[5]
Land and water pollution can result for example from activities such as gold mining, industrial processes such as paper production and from chemicals used in fumigation processes that destroy unwanted plants.[6] (See *pollution of water resources*) States are required to protect food producing resources by ensuring that activities of third parties such as the private business sector are in conformity with the right to food.[7] In the SERAC case, the African Commission found the Nigerian government in violation of its obligations in relation to the right to food because it had destroyed food sources through its security forces and the state oil company, and had also allowed private oil companies to destroy food sources.[8]
Such breaches of states obligations amount to violations of the right to food if these breaches incapacitate people from feeding themselves because agricultural land is no longer able to produce crops due to erosion or destruction of topsoil, or because they lack good quality water with which to grow their food, or due to displacement resulting from the granting of mining concessions, land grabbing for agrofuel and other activities people lose access to productive agricultural land or water sources for fishing.[9] The destruction of agricultural land, water resources, irrigation works amongst other things during conflict situations in order to deny the population sustenance is prohibited.[10] Forcibly evicting peasants, nomadic people, fisherfolk or indigenous people from their land, fishing grounds or forests as food resources, amounts to a violation of the right to food (among other human rights). Moreover, violations in this category include the destruction of people’s access to essential inputs such as seeds.
Access to markets is sometimes essential for vulnerable persons and communities to satisfy their food needs. Preventing or destroying their access to markets for vulnerable implies violations of their right to food. A notorious example of such violations is the dumping food on a local market of vulnerable farming or herding communities.
Additional references
A Eide ‘The right to an adequate standard of living including the right to food’ in A Eide et al (eds) Economic, Social and Cultural Rights (2001) 133-148
J Ziegler et al The fight for the right to food: Lessons learned (2011)
FAO Right to food and access to natural resources: Using human rights arguments and mechanisms to improve resource access for the rural poor (2009)
[1] FAO Voluntary guidelines to support the progressive realisation of the right to adequate food in the context of national food security (2005) guideline 8B.
[2] Voluntary guidelines 8C.
[3] CESCR, General Comment 15 para 6.
[4] Voluntary guidelines 8D.
[5] Voluntary guidelines 8E.
[6] See discussion in R Künnemann & S Epal-Ratjen ‘Starving the future: Ecodestruction and the human right to food’ FIAN (2001) 121-128.
[7] CESCR General Comment 15 para 27.
[8] Social and Economic Rights Action Centre (SERAC) & Another v Nigeria (2001) AHRLR 60 (ACHPR 2001) para 66.
[9]R Künnemann & S Epal-Ratjen, 121-128.
[10]Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) art 54; Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) art 14.