Condensed: States have joint and individual obligations to cooperate in providing disaster relief and humanitarian assistance in accordance with each State’s ability. The prevention of access to humanitarian food aid in internal conflicts or other emergency situations constitutes a violation of the right to food. International cooperation under the human right to food consists of a wide range of measures including – in some emergency situations – food aid. Food should not be used as a means to apply economic or political pressure on individuals or countries. States have the obligation to provide safe and unimpeded access to populations in need of food aid. Obligations in international cooperation under the right to food include the non-discriminatory use of direct assistance, the duty to prioritize the most vulnerable persons and communities, and to avoid the negative interference of food aid with local or regional food production for example dumping food on a local market of vulnerable farming or herding communities. . Comprehensive: The ICESCR recognises the fundamental right of everyone to be free from hunger and to this end states ‘[t]ake steps, individually and through international assistance and cooperation’ towards the full realisation of the right to food.[1] Moreover States have to introduce programmes ‘[t]aking 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’.[2] In light of the right to self-determination[3] this requires an equitable distribution of world food production among peoples safeguarding local availability of foods – and international assistance and cooperation to this effect, including in the regulation of food markets. ‘States have a joint and individual responsibility, in accordance with the Charter of the United Nations, to cooperate in providing disaster relief and humanitarian relief in times of emergency, including assistance to refugees and internally displaced persons. Each state should contribute to this task in accordance with its ability.’[4] In view of ICESCR article 2(1) a state denying international cooperation in food emergencies – unless this state is not in a position to assist – violates the right to food. State parties to the Food Aid Convention commit themselves to providing a minimum amount of food aid or the cash equivalent to developing countries.[5] The prevention of access to humanitarian food aid in internal conflicts or other emergency situations constitutes a violation of the right to food.[6] In addition, such actions may lead to *starvation* and thus constitute a serious violation of international humanitarian law.[7] In response to allegations that during the last months of the armed conflict in 2009 in Sri Lanka, civilians were deliberately deprived of food, medical care and humanitarian assistance, the CESCR Committee noted that such actions were a violation of the right to food and could also amount to a grave violation of international humanitarian law.[8] (See *starvation of civilians and denial of humanitarian assistance*). International assistance and cooperation should be made available without discrimination, though the most vulnerable populations should be accorded priority.[9] For example, the CEDAW Committee has expressed concern at the discriminatory treatment of women heads of households who tried to access food aid provided to male heads of households.[10] Food should not be used as a means to apply economic or political pressure on individuals or countries.[11] States have the obligation to provide safe and unimpeded access to persons in need of international assistance. The Special Rapporteur on the right to food reiterated this principle in the context of food aid arising from allegations that the threat to withhold food aid was used against members of opposition parties in Ethiopia.[12] The Special Rapporteur recommended investigations in a transparent process and that remedies be made available for substantiated claims.[13] 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) OHCHR/FAO ‘The right to adequate food’ Fact Sheet No 34
[1]ICESCR art.2.1 [2] ICESCR art 11(2)(b). [3] ICESCR art 1. [4]CESCR General Comment 12, para 38 [5] Food Aid Convention art 3(a). [6] CESCR General Comment 12 para 19. [7] Art 8(2)(b)(xxv) of the Rome Statute of the International Criminal Court. See also Geneva Convention (III) relative to the Treatment of Prisoners of War Art 26; Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War art 55; Protocol Additional to the Geneva Conventions of 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. [8] CESCR, Concluding Observations: Sri Lanka (2010) para 28. [9] CESCR General Comment 12 para 38. [10] CEDAW Committee, Concluding Comments: Indonesia (2007) para 38. [11] CESCR General Comment 12 para 37; FAO Voluntary guidelines to support the progressive realisation of the right to adequate food in the context of national food security (2005) guideline 16.1. [12] Report of the Special Rapporteur on the right to food: Mission to Ethiopia E/CN.4/2005/47/Add.1 (2005) paras 48, 60(k). [13] Report of the Special Rapporteur on the right to food: Mission to Ethiopia para 60(k).
States have joint and individual obligations to cooperate in providing disaster relief and humanitarian assistance in accordance with each State’s ability. The prevention of access to humanitarian food aid in internal conflicts or other emergency situations constitutes a violation of the right to food. International cooperation under the human right to food consists of a wide range of measures including – in some emergency situations – food aid. Food should not be used as a means to apply economic or political pressure on individuals or countries. States have the obligation to provide safe and unimpeded access to populations in need of food aid. Obligations in international cooperation under the right to food include the non-discriminatory use of direct assistance, the duty to prioritize the most vulnerable persons and communities, and to avoid the negative interference of food aid with local or regional food production for example dumping food on a local market of vulnerable farming or herding communities.
.
Comprehensive:
The ICESCR recognises the fundamental right of everyone to be free from hunger and to this end states ‘[t]ake steps, individually and through international assistance and cooperation’ towards the full realisation of the right to food.[1] Moreover States have to introduce programmes ‘[t]aking 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’.[2] In light of the right to self-determination[3] this requires an equitable distribution of world food production among peoples safeguarding local availability of foods – and international assistance and cooperation to this effect, including in the regulation of food markets.
‘States have a joint and individual responsibility, in accordance with the Charter of the United Nations, to cooperate in providing disaster relief and humanitarian relief in times of emergency, including assistance to refugees and internally displaced persons. Each state should contribute to this task in accordance with its ability.’[4] In view of ICESCR article 2(1) a state denying international cooperation in food emergencies – unless this state is not in a position to assist – violates the right to food. State parties to the Food Aid Convention commit themselves to providing a minimum amount of food aid or the cash equivalent to developing countries.[5]
The prevention of access to humanitarian food aid in internal conflicts or other emergency situations constitutes a violation of the right to food.[6] In addition, such actions may lead to *starvation* and thus constitute a serious violation of international humanitarian law.[7] In response to allegations that during the last months of the armed conflict in 2009 in Sri Lanka, civilians were deliberately deprived of food, medical care and humanitarian assistance, the CESCR Committee noted that such actions were a violation of the right to food and could also amount to a grave violation of international humanitarian law.[8] (See *starvation of civilians and denial of humanitarian assistance*).
International assistance and cooperation should be made available without discrimination, though the most vulnerable populations should be accorded priority.[9] For example, the CEDAW Committee has expressed concern at the discriminatory treatment of women heads of households who tried to access food aid provided to male heads of households.[10] Food should not be used as a means to apply economic or political pressure on individuals or countries.[11] States have the obligation to provide safe and unimpeded access to persons in need of international assistance. The Special Rapporteur on the right to food reiterated this principle in the context of food aid arising from allegations that the threat to withhold food aid was used against members of opposition parties in Ethiopia.[12] The Special Rapporteur recommended investigations in a transparent process and that remedies be made available for substantiated claims.[13]
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)
OHCHR/FAO ‘The right to adequate food’ Fact Sheet No 34
[1]ICESCR art.2.1
[2] ICESCR art 11(2)(b).
[3] ICESCR art 1.
[4]CESCR General Comment 12, para 38
[5] Food Aid Convention art 3(a).
[6] CESCR General Comment 12 para 19.
[7] Art 8(2)(b)(xxv) of the Rome Statute of the International Criminal Court. See also Geneva Convention (III) relative to the Treatment of Prisoners of War Art 26; Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War art 55; Protocol Additional to the Geneva Conventions of 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.
[8] CESCR, Concluding Observations: Sri Lanka (2010) para 28.
[9] CESCR General Comment 12 para 38.
[10] CEDAW Committee, Concluding Comments: Indonesia (2007) para 38.
[11] CESCR General Comment 12 para 37; FAO Voluntary guidelines to support the progressive realisation of the right to adequate food in the context of national food security (2005) guideline 16.1.
[12] Report of the Special Rapporteur on the right to food: Mission to Ethiopia E/CN.4/2005/47/Add.1 (2005) paras 48, 60(k).
[13] Report of the Special Rapporteur on the right to food: Mission to Ethiopia para 60(k).