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III STATES OBLIGATIONS

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III STATES OBLIGATIONS ...

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     A/HRC/AC/2/CRP.2

     19 January 2009

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Human Rights Council

    Advisory Committee

    Second session

    26 30 January 2009

    Working paper by Mr. Jean Ziegler

“Preliminary report to the drafting droup of the Human Rights Council Advisory

    Committee on the Right to Food”

CONTENTS OF THE REPORT

Introduction

I. STRUCTURAL HUNGER

II. THE RIGHT TO FOOD AND THE CURRENT FOOD CRISIS

    A. THE CURRENT FOOD CRISIS

    i) Increase in food prices

    ii) Increase in poverty

    B. CAUSES OF THE CURRENT FOOD CRISIS

    i) Speculation on food and agricultural commodities

    ii) The conversion of food into agrofuels

    iii) Agricultural liberalization and export subsidies

    iv) Financial measures made by certain international financial agencies

    (such as the International Monetary Fund)

    C. CONSEQUENCES

    i) Countries in danger

    ii) The negative impact on the situation of peasants

    iii) Hunger refugees

    iv) Hunger in refugee camps

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III. STATES‟ OBLIGATIONS

IV. RECOMMENDATIONS ON MEASURES

     ***

1. In its resolution 7/14, the Human Rights Council requested the Advisory

    Committee :

    “to consider potential recommendations for approval by the Council on possible

    further measures to enhance the realization of the right to food, bearing in mind the

    priority importance of promoting the implementation of existing standards”.

    2. In response to this request, the Advisory Committee, during its first session in

    August 2008, created a Drafting Group on the Right to Food (hereinafter, DGRtF). The

    members of the DGRtF are: Mr. Bengoa (Chile), Ms. Chung (Republic of Korea), Mr.

    Hüseynov (Azerbaijan), Mr. Ziegler (Switzerland) and Ms. Zulficar (Egypt). The

    DGRtF held three initial meetings, on 6, 12 and 15 August 2008 (see

    A/HRC/AC/2008/1/L.10, par. 43-60). The DGRtF met with representatives of Member

    States, the United Nations Conference on Trade and Development (UNCTAD), the

    Office of the United Nations High Commissioner for Refugees (UNHCR) and the civil

    society. Staff from the United Nations Office of the High Commissioner for Human

    Rights (OHCHR) also participated in these meetings.

    3. Jean Ziegler was mandated to draft a preliminary report on the right to food and the

    current food crisis. This preliminary report will begin by presenting the causes and

    figures of structural hunger (Section I). The causes and figures will then be addressed,

    as well as the consequences of the rise of hunger due to the recent world food crisis

    (Section II). The report then describes the States‟ legal obligations (Section III) and it

    proposes recommendations on measures to be taken by States and the Human Rights

    Council (Section IV).

    I. STRUCTURAL HUNGER

    4. In the world today, it is an affront to human dignity that many people starve to

    death, or live a life not worthy of the name, in conditions of squalor and unable to

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    escape, with minds and bodies that are not whole. In the period 1997-1999, there were

    815 million undernourished people in the world mainly in the 122 third world

    1countries. The shocking news is that in the last decade global hunger continued to

    increase. The Food and Agricultural Organization‟s (FAO) 2006 report, The State of

    Food Insecurity in the World, showed that structural hunger had increased to 852

    million gravely undernourished children, women and men, compared to 842 million the

    previous year, despite already warning in 2003 of a “setback in the war against hunger”. Important progress in reducing hunger had been made in few countries. The FAO‟s 2006 report estimates that in 19 developing countries, the number of hungry people

    dropped by 80 million over ten years. Yet the FAO found that in developing nations

    overall, hunger is on the rise. The overall trend is one of regression, rather than the

    progressive realization of the right to food. Every seven seconds a child under the age

    2of 10 dies, directly or indirectly, of hunger somewhere in the world. 5. 34 million of the structurally undernourished people in the world live in the

    economically developed countries of the North. The countries worst affected by

    structural hunger are mostly in sub-Saharan Africa (18 countries), the Caribbean (Haiti)

    and Asia (Afghanistan, Bangladesh, the Democratic People‟s Republic of Korea, and

    Mongolia). Most of the victims live in Asia 515 million, or 24 per cent of the total population of the continent. However, if we look at the number of victims relative to

    the size of the population, sub-Saharan Africa is worst affected: there, 186 million

    women, men and children, or 34 per cent of the region‟s population, are permanently

    and seriously undernourished. More than 33 per cent of Africa‟s youngest children

    suffer from the effects of permanent, severe, chronic undernourishment in the form of

    stunted physical growth. In South Asia, almost one in every four Asians suffers from

    chronic malnourishment, and 70 per cent of the world‟s stunted children live in Asia.

    6. Structural hunger, like poverty, is still a predominantly rural problem. Of the 1.4

    billion people who suffer from extreme poverty in the developing countries today, 75

    3per cent live and work in rural areas. The rural poor suffer from hunger because they

    lack access to resources such as land, do not hold secure tenure, are bound by unjust

    sharecropping contracts, or have properties that are so small that they cannot grow

    enough food to feed themselves. It is clear that reducing structural hunger does not

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    mean increasing the production of food in rich countries, but rather in finding ways of

    increasing access to resources for the poor in the poorest countries.

    7. A distinction should be drawn between two concepts: hunger or undernourishment on the one hand, and malnutrition on the other. Hunger or undernourishment refers to

    an insufficient supply or, at worst, a complete lack of calories. Malnutrition, on the

    other hand, is characterized by the lack or shortage of micronutrients in food which

    otherwise provides sufficient calories. These important micronutrients are vitamins

    (organic molecules) and minerals (inorganic molecules). These micronutrients are vital

    for the functioning of cells and especially of the nervous system. Many of the women,

    men and children suffering from chronic undernourishment suffer from what the FAO

    calls „extreme hunger‟. This means that their daily ration of calories is well below the minimum necessary for survival. Many people die on a daily basis from starvation.

    8. Malnutrition handicaps people for life. It can retard mental and physical development. Malnourishment also heightens vulnerability to other illnesses and almost

    always has serious physical and mental effects. Brain cells do not develop, bodies are

    stunted, blindness, and diseases become rife, limiting potential and condemning the

    hungry to a marginal existence. Children are stunted and do not grow properly if they

    do not receive adequate food, in terms of both quantity and quality. A child may be

    receiving sufficient calories, but if he lacks micronutrients, he will suffer from stunted

    4 growth, infections and other disabilities, including impaired mental development.

    What the United Nations Children‟s Fund (UNICEF) calls “hidden hunger” is

    undernourishment and/or malnutrition between birth and the age of five, and it has

    disastrous effects: a child suffering from undernourishment and/or malnutrition in the

    first years of life will never recover. He cannot catch up later and will be disabled for

    5life.

    9. Hunger and malnutrition pass on from generation to generation over the life cycle, as malnourished mothers give birth to babies who are themselves physically and

    6mentally retarded and then pass these problems onto their own children. Every year,

    tens of millions of seriously undernourished mothers give birth to tens of millions of

    7seriously affected babies Régis Debray has called these babies “crucified at birth”.

    This leads to a vicious cycle of poverty and underdevelopment. The impacts of hunger

    and malnutrition therefore affect the very possibility of a country to develop. Children

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    cannot concentrate at school without food in their stomachs. No one can do a

    productive day‟s work, physically or mentally, if they are hungry. This means that poor

    countries can be trapped in a cycle of underdevelopment.

    II. THE RIGHT TO FOOD AND THE CURRENT FOOD CRISIS 10. The right to food is a human right that protects the right of all human beings to live in dignity, free from hunger. It is protected under international human rights and

    humanitarian law. As defined by the United Nations Committee on Economic, Social

    and Cultural Rights in its General Comment No. 12 (1999), “(t)he right to adequate

    food is realized 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 for its

    8 Inspired by this definition, the right to food has been defined as: procurement”.

    “the right to have regular, permanent and unrestricted access, either directly or by means of financial purchases, to quantitatively and qualitatively adequate and

    sufficient food corresponding to the cultural traditions of the people to which the consumer belongs, and which ensures a physical and mental, individual and collective, fulfilling and dignified life free of fear.” (A/HRC/7/5, par. 17)

    11. The right to food is, above all, the right to be able to feed oneself in dignity. The right to food includes the right to have access to resources and to the means to ensure

    and produce one‟s own subsistence, including land, small scale irrigation and seeds,

    credit, technology and local and regional markets, especially in rural areas and for

    vulnerable and discriminated groups, traditional fishing areas, a sufficient income to

    enable one to live in dignity, including for rural and industrial workers, and access to

    social security and social assistance for the most deprived.

    12. The current food crisis leads to violations of the right to food in many ways, by threatening all kinds of means by which vulnerable people have access to food. It

    destroys in particular their economic access to food, as increases in food prices are

    often not compensated by an increase of their income. It also destroys the possibility for

    international organizations, in particular the World Food Program (WFP), to ensure that

    sufficient food will reach the people most in need.

    A. The current food crisis

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    13. The current world food crisis is characterized by a rapid increase in food prices, which led to an additional 75 million people being severely undernourished in 2008.

    According to Jacques Diouf, Director-General of the FAO, 925 million people are

    9 Most of therefore gravely undernourished in 2008, compared to 852 million in 2007.

    the 75 million people affected by the food crisis are living in urban areas and have been

    at the center of the attention since the beginning of 2008. But many small peasants, as

    well as refugees and internally displaced persons (IDPs) living in camps, are also

    suffering from the consequences of the current food crisis.

    i) Increase in food prices

    14. According to the FAO, between February 2007 and February 2008 the price of wheat on the international market rose by 130%, the price of rice rose by 74%, the price

    of soya by 87%, and the price of maize rose by 31%. On average, the price of staple

    foods has risen more than 40% in the same period. According to the International

    Monetary Fund (IMF), food prices continued to increase significantly in the first six

    10months of 2008, reaching a 56% increase from January 2007 to June 2008. The main

    problem is that this rise in prices is structural. According to the World Bank, the price

    of food products increased 83% between February 2005 and February 2008, and the

    11price of wheat rose 181% during the same period. According to the IMF, the price of

    internationally traded food commodities increased by 130 % from January 2002 to June

    122008.

    15. There are two important preliminary aspects to note. First, powerful countries like India, China, Egypt and others are, for the time being, able to subsidize the staple foods

    for their people and so alleviate the worst impacts of the price explosion. But this

    cannot continue in the long term. Many of the poorer countries do not have this

    possibility. Haiti, for instance, normally consumes 200,000 tons of flour and 320,000

    tones of rice per year. 100% of the flour consumed is imported and 75% of the rice.

    Between January 2007 and January 2008 the price of flour in Haiti increased by 83%,

    and the price of rise increased by 69%. 6 million out of 9 million Haitians are living in

    extreme poverty. Many of them are reduced to eating mud-pies.

    16. Secondly, approximately 90% of the staple food export agreements provide that food products are sold „free on board‟ (FOB). There are some that are sold „Cost

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    Insurance Freight‟ (CIF) but these are in the minority. This means that generally you

    have to add the transport cost to the exploding world food prices, which is making the

    situation much worse because of petrol costs etc. For example, many of the West

    African countries, Mali, Senegal, etc, import up to 80% of their food from overseas,

    mostly rice from Thailand and Vietnam.

    ii) Increase in poverty

    17. The number of poor people in the world increased significantly in the last years.

    According to a study of the World Bank released in August 2008, 1.4 billion people in

    the developing world were living in extreme poverty in 2005, on less than US$ 1.25 a

    13 The report shows that extreme poverty is more widespread than previously day.

    thought, as the previous figures 985 million people living below the former poverty line of US$ 1 a day in 2004 were based on the cost of living in developing countries in 1993, which is totally inadequate to reflect the real cost of living in these countries

    today. 400 million more people therefore lived in extreme poverty in 2005, as

    compared to 2004 statistics. The number of people living in extreme poverty has almost

    doubled in Africa over 1981-2005, from 200 million to 380 million.

    18. The situation worsened during the current food crisis. According to the World

    Bank, the food crisis has pushed 105 million people back into poverty in 2008, in urban

    14as well as rural areas. As the UN Standing Committee on Nutrition stated, this increase in poverty erases any progress that could have been made towards the

    15Millennium Development Goal (MDG) 1 target for the reduction of poverty.

    B. Causes of the current food crisis 19. The causes of the current food crisis are multiple. Many people cite the increasing

    demand for food, such as the sudden shift to produce agrofuels, or a decrease in food

    availability. But the increase in food prices in 2007 and 2008 cannot be explained

    16without taking due account to the speculation on food and agricultural commodities.

    i) Speculation on food and agricultural commodities

    20. One of the first causes of the world food crisis is speculation on food and

    agricultural commodities, mainly at the Chicago Commodity Stock Exchange where

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    most of the world food staple prices are negotiated. In November and December 2007,

    the worldwide financial markets crashed and over 1,000 billion dollars worth of

    investments were lost. Consequently, most of the big speculators, for example hedge

    funds, shifted to investing in options and futures for agricultural raw materials and

    staple foods. For Heiner Flassbeck, Director of the Globalization and Development

    Strategies Division at UNCTAD:

    “the recent price hike cannot be satisfactory explained by changed in the fundamentals of global supply and demand. It may be more than a mere coincidence

    that the recent price surge started exactly at the same time when the financial turmoil

    related to subprime mortgage lending in the United States entered the stage and house

    prices there began to collapse. Speculators looking for assets with rising prices may

    well have sensed arising strains in world food markets and, based on the expectation

    of further rising prices, re-oriented their portfolios towards a greater share of future

    17 contracts in food commodity exchanges”.

    21. The increase in speculation on food commodities is massive. In the year 2000, the volume of trade in agricultural products at the various stock exchanges was

    approximately 10 billion dollars. It was 175 billion dollars in May 2008. During just

    one month in January 2008, when the transfer to these markets really started, 3 billion

    new dollars were invested at the Chicago Commodity Stock Exchange.

    22. If it is difficult to calculate exactly the impact of speculative gains in the explosion of staple food prices. World Bank economists estimate that around 37% of the price

    18explosion is due to speculation. Heiner Flassbeck evaluates this amount to be

    19double. Jaques Carles, Executive Vice President of the Mouvement pour une

    agriculture mondiale (Momagri), has claimed that “on the agricultural markets, 95% of

    the operators are purely financial analysts. This financialisation is a true drama for

    20humanity.”

    ii) The conversion of food into agrofuels

    23. The very first cause of the world food price explosion is the massive burning of food, wheat, maize, amongst others, into bioethanol and biodiesel (agrofuels).

    According to Donald Mitchell, lead Economist at the World Bank:

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    “The increase in internationally traded food prices from January 2002 to June 2008

    was caused by a confluence of factors, but the most important was the large increase

    in agrofuels production from grains and oilseeds in the U.S. and EU. Without theses

    increases, global wheat and maize stocks would not have declined appreciably and

    21 price increases due to other factors would have been moderate”.

    24. Donald Mitchell estimates that 70 to 75 % of the increase in food commodity

    prices was due to agrofuels and the related consequences of low grain stocks, large land

    22use shifts, speculative activity and export bans. John Lipsky, the second in charge of

    the International Monetary Fund, estimates that the use of food crops, especially maize,

    23to make bioethanol is responsible for at least 40% of the price explosion.

    25. The sudden explosion of interest in agrofuels is evident in massive increases in

    investment and the setting of ambitious renewable-fuel targets across Western countries.

    The United States of America in 2007 alone burned 138 million tones of maize to be

    transformed into bioethanol, which means one third of the annual harvest, and it set

    targets to increase usage of agrofuels for energy to 35 billion gallons per year. The

    European Union requires that agrofuels provide 5.75 per cent of Europe‟s transport

    24power by 2010 and 10 per cent by 2020. But these targets cannot be met by

    agricultural production in the industrialized countries. Therefore, the Northern

    industrialized countries are very interested in production of agrofuels in the countries of

    the southern hemisphere, as the key to meeting these needs.

    26. This conversion of food into agrofuels has been described as a recipe for disaster

    (see A/HRC/7/5, par. 53-58). It is estimated that it takes about 200kg of maize to fill

    one tank of a car with agrofuels (about 50 liters), which is enough food to feed one

    25person for one year. Producing agrofuels therefore creates a battle between food and fuel, leaving the poor and hungry in developing countries at the mercy of rapidly rising

    prices for food, land and water. If agro-industrial methods are pursued to turn food into

    fuel, then there are also risks that unemployment and violations of the right to food may

    result, unless specific measures are put in place to ensure that agrofuels contribute to

    the development of small-scale peasant and family farming.

    27. The rapid increase in the prices of food crops also intensifies competition over

    land and other natural resources. This pits peasant farmers and indigenous communities

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    against massive agribusiness corporations and large investors who are already buying up large swathes of land or forcing peasants off their land. The Belgian human rights organization Human Rights Everywhere (HREV) has, for example, documented forced evictions, the appropriation of land and other violations of human rights against communities of indigenous people and people of African descent living in the palm oil

    26 In this country, an ever increasing number of peasants‟ plantations in Colombia.

    families continue to be illegally displaced from their land by paramilitary units which often act in conjunction with the army and the police. Often these paramilitary units are working for large agro-industry and livestock companies. The situation is particularly severe in the Colombian region of Chocó where the recent massacres of Brias and Pueblo Nuevo have taken place. With the help of the Interecclesiastical Commission for Justice and Peace, an international ethics commission has been created to ensure minimal protection for peasants threatened by eviction and displacement in declared

    27humanitarian zones. Forced evictions constitute clear violations of the obligations to

    respect and protect people‟s existing access to food, and all corporations involved in the

    production of agrofuels should avoid complicity in these violations.

    28. Increasingly unconvinced of the positive net impact of the production of agrofuels on carbon dioxide emissions and food security, non-governmental organizations have started to call for a global moratorium on the expansion of agrofuels until the potential social, environmental and human rights impacts can be fully examined and appropriate regulatory structures put in place to prevent or mitigate any negative impacts. The former UN Special Rapporteur on the Right to Food, Jean Ziegler, called for a five year worldwide moratorium concerning the production of agrofuels and of agrofuels diesel. The objective of the moratorium was to improve research on agrofuels made from non-food plants, particularly those that can be grown in semi-arid and arid regions, and agricultural waste, reducing competition for food, land and water. The Director General of the IMF, Dominique Strauss-Kahn, and many experts, including Asbjørn Eide,

    28supported the idea of the moratorium. For Asbjørn Eide:

    “The moratorium should be used to pursue four different objectives: the first would be energy saving measures by developing better understanding of ways and methods to reduce overall energy consumption and to improve energy efficiency; the second would be to move as quickly as possible to “second generation” technologies for

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