Condensed: The term food supplies in the current context refers to the destruction of vulnerable people’s access to adequate food in general and in particular to stocks of food (either stored or in production) essential to them. Access to food and food supplies must not be destroyed either in time of peace or in time of conflict. If such destruction implies the non-enjoyment of the right to food, it amounts to a violation of this right. Destruction of food supplies can occur for example by destroying storage facilities, burning down crops or using chemical defoliants to the same effect, or by polluting drinking water sources.
Comprehensive: The ICESCR recognises the fundamental right of everyone to be free from hunger and the right to adequate food.[1]Food supply refers to access to adequate food including in particular the stock of food (either stored or in production) or the production of food and the way in which it gets to the consumer.[2] The prohibition from destruction of food supplies and access to food applies both in times of peace and in times of conflict.[3] (See *destruction or appropriation of property (including pillaging, destruction of harvest)*). Destruction of food supplies could lead to *starvation*. Destruction of food crops for example by using chemical defoliants or by polluting water sources, or by placing landmines in agricultural land thus rendering it useless for vulnerable people’s supply of food violates their right to food.[4] (See also *destruction of food producing resources*). These actions can lead to the destruction of existing food stocks, for example crops in agricultural land, or result in the inability of resources such as land and water to produce crops, for example, where hazardous chemicals pollute soils. 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.[5] The CERD Committee has expressed concern over information that the military and police force in Ethiopia had targeted certain communities, in particular the Anuak and Oromo peoples and had amongst other violations, destroyed the crops of members of those communities.[6] The United Nations Fact Finding Mission on the Gaza Conflict concluded that the destruction of food supply installations among other facilities made the daily process of living and dignified living more difficult for the civilian population.[7] Distributing nutritionally inadequate food that displaces adequate food may amount to a violation of the right to food.[8] Allowing food prices for vulnerable groups to rise to a level that makes food inaccessible to them violates their right to adequate food. Retrogressive measures in social cash transfer programmes or food transfer programmes or laws (unless forced to do so by lack of resources) depriving vulnerable groups’ access to adequate food amounts to a violation of the right to food. 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] ICESCR art 11. [2] See ‘Food supply’ www.agriculturedictionary.com (accessed 20 June 2011). [3]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 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) art 14. [4] Special Rapporteur on the right to food E/CN.4/2002/58 (2002) para 76. [5] Social and Economic Rights Action Centre (SERAC) & another v Nigeria (2001) AHRLR 60 (ACHPR 2001) para 66. [6] CERD Committee, Concluding Observations: Ethiopia CERD/C/ETH/CO/15 (2007) para 19. [7] UN Fact Finding Mission on the Gaza Conflict: Part five – Conclusions and Recommendations A/HRC/12/48 (ADVANCE 2) (2009) para 1891. [8]FAO Guidelines on the Right to Food, guidelines 9 and 10.
The term food supplies in the current context refers to the destruction of vulnerable people’s access to adequate food in general and in particular to stocks of food (either stored or in production) essential to them. Access to food and food supplies must not be destroyed either in time of peace or in time of conflict. If such destruction implies the non-enjoyment of the right to food, it amounts to a violation of this right. Destruction of food supplies can occur for example by destroying storage facilities, burning down crops or using chemical defoliants to the same effect, or by polluting drinking water sources.
Comprehensive:
The ICESCR recognises the fundamental right of everyone to be free from hunger and the right to adequate food.[1] Food supply refers to access to adequate food including in particular the stock of food (either stored or in production) or the production of food and the way in which it gets to the consumer.[2] The prohibition from destruction of food supplies and access to food applies both in times of peace and in times of conflict.[3] (See *destruction or appropriation of property (including pillaging, destruction of harvest)*). Destruction of food supplies could lead to *starvation*.
Destruction of food crops for example by using chemical defoliants or by polluting water sources, or by placing landmines in agricultural land thus rendering it useless for vulnerable people’s supply of food violates their right to food.[4] (See also *destruction of food producing resources*). These actions can lead to the destruction of existing food stocks, for example crops in agricultural land, or result in the inability of resources such as land and water to produce crops, for example, where hazardous chemicals pollute soils.
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.[5] The CERD Committee has expressed concern over information that the military and police force in Ethiopia had targeted certain communities, in particular the Anuak and Oromo peoples and had amongst other violations, destroyed the crops of members of those communities.[6] The United Nations Fact Finding Mission on the Gaza Conflict concluded that the destruction of food supply installations among other facilities made the daily process of living and dignified living more difficult for the civilian population.[7]
Distributing nutritionally inadequate food that displaces adequate food may amount to a violation of the right to food.[8] Allowing food prices for vulnerable groups to rise to a level that makes food inaccessible to them violates their right to adequate food. Retrogressive measures in social cash transfer programmes or food transfer programmes or laws (unless forced to do so by lack of resources) depriving vulnerable groups’ access to adequate food amounts to a violation of the right to food.
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] ICESCR art 11.
[2] See ‘Food supply’ www.agriculturedictionary.com (accessed 20 June 2011).
[3]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 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) art 14.
[4] Special Rapporteur on the right to food E/CN.4/2002/58 (2002) para 76.
[5] Social and Economic Rights Action Centre (SERAC) & another v Nigeria (2001) AHRLR 60 (ACHPR 2001) para 66.
[6] CERD Committee, Concluding Observations: Ethiopia CERD/C/ETH/CO/15 (2007) para 19.
[7] UN Fact Finding Mission on the Gaza Conflict: Part five – Conclusions and Recommendations A/HRC/12/48 (ADVANCE 2) (2009) para 1891.
[8]FAO Guidelines on the Right to Food, guidelines 9 and 10.