RES/28/10 The right to food

GE.General Assembly resolution 69/2. 5-07084 (E)

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Human Rights Council Twenty-eighth session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Resolution adopted by the Human Rights Council

28/10. The right to food

The Human Rights Council,

Recalling all previous resolutions of the General Assembly and the Human Rights

Council on the right to food, as well as all resolutions of the Commission on Human Rights

on the issue,

Recalling also the seventh special session of the Human Rights Council, at which

the Council analysed the negative impact of the worsening of the world food crisis on the

realization of the right to food for all, and Council resolutions S-7/1 of 22 May 2008, 9/6 of

18 September 2008 and 12/10 of 1 October 2009,

Recalling further the Universal Declaration of Human Rights, which provides that

everyone has the right to a standard of living adequate for her or his health and well-being,

including food, the Universal Declaration on the Eradication of Hunger and Malnutrition

and the United Nations Millennium Declaration, in particular Millennium Development

Goal 1 on eradicating extreme poverty and hunger by 2015,

Recalling the provisions of the International Covenant on Economic, Social and

Cultural Rights, in which the right of everyone to adequate food, including the fundamental

right of every person to be free from hunger, is recognized,

Bearing in mind the Rome Declaration on World Food Security and the World Food

Summit Plan of Action, adopted at the World Food Summit in November 1996, the

Declaration of the World Food Summit: five years later, adopted on 13 June 2002, the

Declaration of the World Summit on Food Security, adopted on 16 November 2009, and

the Marrakesh Ministerial Decision on Measures Concerning the Possible Negative Effects

of the Reform Programme on Least Developed and Net Food-importing Countries, adopted

on 15 April 1994,

Reaffirming the concrete recommendations contained in the Voluntary Guidelines to

Support the Progressive Realization of the Right to Adequate Food in the Context of

3 United Nations A/HRC/RES/28/10

National Food Security, adopted by the Council of the Food and Agriculture Organization

of the United Nations in November 2004,

Acknowledging that the right to food is the right of every individual, alone or in

community with others, to have physical and economic access at all times to sufficient,

adequate and culturally acceptable food that is produced and consumed sustainably,

preserving access to food for future generations,

Reaffirming the Five Rome Principles for Sustainable Global Food Security

contained in the Declaration of the World Summit on Food Security,

Reaffirming also that all human rights are universal, indivisible, interdependent and

interrelated, and that they must be treated globally, in a fair and equal manner, on the same

footing and with the same emphasis,

Reaffirming further that a peaceful, stable and enabling political, social and

economic environment, at both the national and international levels, is the essential

foundation that will enable States to give adequate priority to food security and poverty

eradication,

Reiterating, as in the Rome Declaration on World Food Security and the Declaration

of the World Food Summit: five years later, that food should not be used as an instrument

of political or economic pressure, and reaffirming in this regard the importance of

international cooperation and solidarity as well as the necessity of refraining from unilateral

measures that are not in accordance with international law and the Charter of the United

Nations and that endanger food security,

Convinced that each State must adopt a strategy consistent with its resources and

capacities to achieve its individual goals in implementing the recommendations contained

in the Rome Declaration on World Food Security and the World Food Summit Plan of

Action and, at the same time, cooperate regionally and internationally in order to organize

collective solutions to global issues of food security in a world of increasingly interlinked

institutions, societies and economies, where coordinated efforts and shared responsibilities

are essential,

Reaffirming that food security is a national responsibility and that any plan for

addressing food security challenges must be nationally articulated, designed, owned and

led, and built on consultation with all key stakeholders, and recognizing the commitment to

strengthening the multilateral system in the channelling of resources and in the promotion

of policies dedicated to fighting hunger and malnutrition,

Recognizing that, despite the efforts made, the problems of hunger, food insecurity

and malnutrition have a global dimension and that there has been insufficient progress

made in reducing hunger, and that they could increase dramatically in some regions unless

urgent, determined and concerted action is taken,

Recognizing also the complex character of the global food crisis, in which the right

to food is threatened to be violated on a substantial scale, as a combination of several major

factors, such as the global financial and economic crisis, environmental degradation,

desertification and the impact of global climate change, as well as natural disasters and the

lack of development in many countries and transfer of relevant technology to address this

issue, particularly in developing countries, least developed countries and small island and

vulnerable developing States, that are having a negative impact on the realization of the

right to food, in particular in the said countries,

Convinced that the elimination of the current distortions in the agricultural trading

system will allow local producers and poor farmers to compete and to sell their products,

thereby facilitating the realization of the right to adequate food,

Resolved to act to ensure that the full realization of all human rights, including the

right to development, is taken into account at the national, regional and international levels

in addressing the global food crisis,

Recognizing the importance and positive role of smallholder and subsistence

farmers, including women farmers, young farmers, family farmers and farmers in less

favoured areas, cooperatives and indigenous and local communities in developing

countries,

Expressing its deep concern at the number and scale of natural disasters, diseases

and pests and their increasing impact in recent years, which have resulted in massive loss of

life and livelihood and threatened agricultural production and food security, in particular in

developing countries,

Stressing the need to increase official development assistance devoted to agriculture,

both in real terms and as a share of total official development assistance,

Recognizing the need to increase sustainable private and public investments in

agriculture from all relevant sources for the realization of the right to food,

Recalling the endorsement of the Voluntary Guidelines on the Responsible

Governance of Tenure of Land, Fisheries and Forests in the Context of National Food

Security by the Committee on World Food Security at its thirty-eighth session, held on 11

May 2012, and by the Council of the Food and Agriculture Organization of the United

Nations at its 144th session,

Recalling also the Principles for Responsible Investment in Agriculture and Food

Systems, which were transmitted to the governing bodies of the Food and Agriculture

Organization of the United Nations for consideration by the Committee on World Food

Security at its forty-first session, held in October 2014,

Recalling further the tenth anniversary in 2014 of the adoption of the Voluntary

Guidelines to Support the Progressive Realization of the Right to Adequate Food in the

Context of National Food Security and the reaffirmation by the Committee on Food

Security at its forty-first session of the commitment to implement the Guidelines and to

strive for the realization of the right to adequate food for all in the years to come,

Stressing the importance of the second International Conference on Nutrition, hosted

by the World Health Organization and the Food and Agriculture Organization of the United

Nations in Rome from 19 to 21 November 2014, at which the two main outcome

documents, namely, the Rome Declaration on Nutrition and the Framework for Action,

were endorsed, committing States to eradicate hunger and to prevent all forms of

malnutrition worldwide, particularly undernourishment, through national and international

actions.

Recognizing the importance of the protection and preservation of agrobiodiversity in

guaranteeing food security and the right to food for all,

Recognizing also the role of the Food and Agriculture Organization of the United

Nations as the key United Nations agency for rural and agricultural development and its

work in supporting the efforts of Member States to achieve the full realization of the right

to food, including through its provision of technical assistance to developing countries in

support of the implementation of national priority frameworks,

Recalling the outcome document of the United Nations Conference on Sustainable

Development, entitled “The future we want”, endorsed by the General Assembly in its

resolution 66/288 on 27 July 2012, and reaffirming the principles contained therein,

1. Reaffirms that hunger constitutes an outrage and a violation of human dignity

and therefore requires the adoption of urgent measures at the national, regional and

international levels for its elimination;

2. Also reaffirms the right of everyone to have access to safe, sufficient and

nutritious food, consistent with the right to adequate food and the fundamental right of

everyone to be free from hunger, so as to be able to fully develop and maintain his or her

physical and mental capacities;

3. Considers it intolerable that, as estimated by the United Nations Children’s

Fund, more than one third of the children who die every year before the age of 5 die from

hunger-related illness, and that, as estimated by the Food and Agriculture Organization of

the United Nations, about 805 million people worldwide suffer from chronic hunger,

including as one of the effects derived from the global food crisis, while, according to the

latter organization, the planet could produce enough food to feed everyone around the

world;

4. Expresses its deep concern that, according to the report of the Food and

Agriculture Organization of the United Nations entitled The State of Food Insecurity in the

World 2013, the number of hungry people in the world remains unacceptably high and the

vast majority of hungry people live in developing countries;

5. Expresses its concern at the fact that the effects of the world food crisis

continue to have serious consequences for the poorest and most vulnerable people,

particularly in developing countries, which have been further aggravated by the world

financial and economic crisis, and at the particular effects of this crisis on many net food-

importing developing countries, especially on least developed countries;

6. Also expresses its concern that women and girls are disproportionately

affected by hunger, food insecurity and poverty, in part as a result of gender inequality and

discrimination, that in many countries girls are twice as likely as boys to die from

malnutrition and preventable childhood diseases, and that it is estimated that almost twice

as many women as men suffer from malnutrition;

7. Encourages all States to take action to address de jure and de facto gender

inequality and discrimination against women, in particular where they contribute to the

malnutrition of women and girls, including measures to ensure the full and equal realization

of the right to food and ensuring that women and girls have equal access to social

protection and resources, including income, land and water and their ownership, as well as

full and equal access to health care, education, science and technology, to enable them to

feed themselves and their families, and in this regard stresses the need to empower women

and to strengthen their role in decision-making;

8. Recognizes the importance of smallholder and subsistence farmers in

developing countries, including women and local and indigenous communities, in ensuring

food security, reducing poverty and preserving ecosystems, and the need to assist their

development;

9. Encourages the Special Rapporteur on the right to food to continue to

mainstream a gender perspective in the fulfilment of her mandate, and encourages the Food

and Agriculture Organization of the United Nations and all other United Nations bodies and

mechanisms that address the right to food and food insecurity to integrate and effectively

implement a gender perspective in their relevant policies, programmes and activities

regarding access to food;

10. Reaffirms the need to ensure that programmes delivering safe, sufficient,

nutritious and culturally accepted food are inclusive and accessible to persons with

disabilities;

11. Encourages States to take steps with a view to progressively achieve the full

realization of the right to food for all, and to take steps to promote the conditions for

everyone to be free from hunger and, as soon as possible, to enjoy fully the right to food

and, where appropriate, to consider establishing appropriate institutional mechanisms and

to adopt national plans to combat hunger;

12. Underlines the significance of national government policies and strategies in

food production, poverty alleviation and social protection;

13. Recognizes the advances made through South-South cooperation in

developing countries and regions in connection with food security and the development of

agricultural production for the full realization of the right to food, and encourages States to

increase such cooperation as a complement to North-South cooperation and to promote

triangular cooperation further;

14. Also recognizes the importance of traditional sustainable agricultural

practices, inter alia, traditional seed supply systems, including for many indigenous peoples

and local communities;

15. Stresses that the primary responsibility of States is to promote and protect the

right to food and that the international community should provide, through a coordinated

response and upon request, international cooperation in support for national and regional

efforts by providing the assistance necessary to increase food production and access to

food, particularly through agricultural development assistance, the transfer of technology,

food crop rehabilitation assistance and food aid ensuring food security, with special

attention to the specific needs of women and girls, support for the development of adapted

technologies, research on rural advisory services and support for access to financing

services, and ensure support for the establishment of secure land tenure systems;

16. Calls upon States parties to the International Covenant on Economic, Social

and Cultural Rights to fulfil their obligations under article 2, paragraph 1 and article 11,

paragraph 2 thereof, in particular with regard to the right to adequate food;

17. Calls upon States, individually and through international cooperation and

assistance, relevant multilateral institutions and other relevant stakeholders, to take all the

measures necessary to ensure the realization of the right to food as an essential human

rights objective, and to consider reviewing any policy or measure that could have a negative

impact on the realization of the right to food, particularly the right of everyone to be free

from hunger, before instituting such a policy or measure;

18. Stresses that improving access to productive resources and investment in

rural development is essential for eradicating hunger and poverty, in particular in

developing countries, through, inter alia, the promotion of investments in appropriate small-

scale irrigation and water management technologies in order to reduce vulnerability to

droughts, as well as in programmes, practices and policies to scale up agroecological

approaches;

19. Recognizes that 70 per cent of hungry people live in rural areas and 50 per

cent are small-scale farm-holders, and that these people are especially vulnerable to food

insecurity given the increasing cost of inputs and the fall in farm incomes; that access to

land, water, seeds and other natural resources is an increasing challenge for poor producers;

that sustainable and gender-sensitive agricultural policies are important tools for promoting

land and agrarian reform, rural credit and insurance, technical assistance and other

associated measures to achieve food security and rural development; and that support by

States for small farmers, fishing communities and local enterprises, including through the

facilitation of access of their products to national and international markets and

empowerment of small producers, particularly women, in value chains, is a key element for

food security and the provision of the right to food;

20. Stresses the importance of fighting hunger in rural areas, including through

national efforts supported by international partnerships to stop desertification and land

degradation and through investments and public policies that are specifically appropriate to

the risk of drylands, and in this regard calls for the full implementation of the United

Nations Convention to Combat Desertification in Those Countries Experiencing Serious

Drought and/or Desertification, Particularly in Africa;

21. Recalls the United Nations Declaration on the Rights of Indigenous Peoples,

and acknowledges that many indigenous organizations and representatives of indigenous

peoples have expressed in different forums their deep concern over the obstacles and

challenges to the full enjoyment of the right to food that indigenous peoples face, and calls

upon States to take special actions to combat the root causes of the often disproportionately

high level of hunger and malnutrition among indigenous peoples and the continuous

discrimination against them;

22. Welcomes the outcome document of the high-level plenary meeting of the

General Assembly known as the World Conference on Indigenous Peoples,1 held on 22 and

23 September 2014, and the commitment to developing, in conjunction with the indigenous

peoples concerned and where appropriate, policies, programmes and resources to support

indigenous peoples’ occupations, traditional subsistence activities, economies, livelihoods,

food security and nutrition;

23. Requests all States and private actors, and international organizations and

agencies within their respective mandates, to take fully into account the need to promote the

effective realization of the right to food for all, including in ongoing negotiations in

different fields;

24. Encourages all relevant international organizations and agencies to bring a

human rights perspective and the need for the realization of the right to food for all to their

studies, research, reports and resolutions on the issue of food security;

25. Recognizes the need to strengthen national commitment and international

assistance, upon the request of and in cooperation with affected countries, towards the full

realization and protection of the right to food and, in particular, to develop national

protection mechanisms for people forced to leave their homes and land because of hunger

or humanitarian emergencies affecting the enjoyment of the right to food;

26. Notes with appreciation the growing movement, in different regions of the

world, towards the adoption of framework laws, national strategies and measures in support

of the full realization of the right to food for all;

27. Stresses the need to make efforts to mobilize and optimize the allocation and

utilization of technical and financial resources from all sources, including external debt

relief for developing countries, and to reinforce national actions to implement sustainable

food security policies;

28. Encourages States to consider developing their legal structures in order to

protect resources directly related to the right to food, such as water resources, access to land

and seed production;

29. Calls for the early conclusion to and a successful, development-oriented

outcome of the Doha Round of trade negotiations of the World Trade Organization as a

contribution to creating international conditions permitting the full realization of the right to

food;

30. Stresses that all States should make every effort to ensure that their

international policies of a political and economic nature, including international trade

agreements, do not have a negative impact on the right to food in other countries;

31. Encourages the Special Rapporteur to continue to cooperate with States in

order to enhance the contribution of development cooperation and food aid to the

realization of the right to food, within existing mechanisms, taking into account the views

of all stakeholders;

32. Recalls the importance of the New York Declaration on Action against

Hunger and Poverty, and recommends the continuation of efforts aimed at identifying

additional sources of financing for the fight against hunger and poverty;

33. Recognizes that the commitments made at the World Food Summit in 1996 to

halve the number of people who are undernourished are not being fulfilled, while

recognizing the efforts of Member States in that regard, and urges all States and

international financial and development institutions, as well as relevant United Nations

agencies and funds, to give priority to and provide the necessary funding to realize the aim

of halving by 2015 the number, or at least the proportion, of people who suffer from

hunger, as stated in Millennium Development Goal 1, as well as the right to food, as set out

in the Rome Declaration on World Food Security and the United Nations Millennium

Declaration;

34. Reaffirms that integrating food and nutritional support, with the goal that all

people at all times will have access to sufficient, safe and nutritious food to meet their

dietary needs and food preferences for an active and healthy life, is part of a comprehensive

effort to improve public health, including the response to the spread of HIV/AIDS,

tuberculosis, malaria and other diseases;

35. Calls upon all States and, where appropriate, relevant international

organizations:

(a) To combat the different forms of malnutrition as a means to realize the right

to adequate food, including, if appropriate, by adopting a national strategy in this regard;

(b) To take measures and support programmes that are aimed at combating the

irreversible effects of chronic undernutrition in early childhood, in particular by targeting

the first thousand days of a child’s life;

(c) To support the national plans and programmes of States to improve nutrition

in poor households, in particular plans and programmes that are aimed at combating

undernutrition in mothers and children, and those targeting the irreversible effects of

chronic undernutrition in early childhood, from gestation to the age of 2 years;

(d) To implement policies and programmes to reduce and eliminate preventable

mortality and morbidity, as a result of malnutrition, of children under 5 years of age;

36. Urges States to give adequate priority in their development strategies and

expenditures to the realization of the right to food;

37. Stresses the importance of international cooperation and development

assistance as an effective contribution to both the expansion and improvement of

agriculture and its environmental sustainability, and the provision of humanitarian food

assistance in activities relating to emergency situations for the realization of the right to

food and the achievement of sustainable food security, while recognizing that each State

has the primary responsibility for ensuring the implementation of national programmes and

strategies in this regard;

38. Invites all relevant international organizations, including the World Bank and

the International Monetary Fund, to promote such policies and projects that have a positive

impact on the right to food, to ensure that partners respect the right to food in the

implementation of common projects, to support strategies of Member States aimed at the

fulfilment of the right to food and to avoid any actions that could have a negative impact on

the realization of the right to food;

39. Encourages the Special Rapporteur on the right to food and the Working

Group on the issue of human rights and transnational corporations and other business

enterprises to cooperate on the subject of the contribution of the private sector to the

realization of the right to food, including the importance of ensuring sustainable water

resources for human consumption and agriculture;

40. Encourages the Special Rapporteur to continue her collaboration with

relevant international organizations and United Nations agencies, programmes and funds, in

particular the Rome-based ones, including the Food and Agriculture Organization of the

United Nations, the International Fund for Agricultural Development and the World Food

Programme, in order to contribute to ensuring that the right to food is promoted further

within these organizations, in accordance with their respective mandates, including for the

advancement of smallholders and agricultural workers in both developing and least

developed countries;

41. Reaffirms that all States should take steps, individually and through

international assistance and cooperation, especially economic and technical, to the

maximum of available resources, with a view to achieving progressively the full realization

of the right to food by all appropriate means, including particularly the adoption of

legislative measures;

42. Encourages all States to consider developing awareness-raising campaigns to

ensure that rights holders have access to information pertaining to the right to food and any

obligation pertaining thereto;

43. Underlines the importance of effective remedies for violations of the right to

food;

44. Encourages the Special Rapporteur, within her existing mandate, to explore,

in consultation with Member States and relevant stakeholders, ways and means of raising

the capacity of States, particularly developing countries, including least developed and net

food-importing developing countries, to ensure the realization and protection of the right to

adequate food for their populations, and to report on her findings to the Human Rights

Council;

45. Takes note with appreciation of the report of the Special Rapporteur;A/HRC/28/65.

46. Supports the fulfilment of the mandate of the Special Rapporteur, as

established by the Human Rights Council in its resolution 6/2 of 27 September 2007;

47. Requests the Special Rapporteur, as part of the mandate, to continue to

monitor the evolution of the world food crisis and, in the context of the mandate and regular

reports, to keep the Human Rights Council informed of the impact of the crisis on the

enjoyment of the right to food and to alert it to possible further actions in this regard;

48. Requests the Secretary-General and the United Nations High Commissioner

for Human Rights to continue to provide all the human and financial resources necessary

for the continuation of the effective fulfilment of the mandate of the Special Rapporteur;

49. Welcomes the continued cooperation of the High Commissioner, the

Advisory Committee and the Special Rapporteur, and encourages them to continue their

cooperation;

50. Calls upon all Governments to cooperate with and assist the Special

Rapporteur in her task by supplying all necessary information requested by the mandate

holder and to give serious consideration to responding favourably to the requests of the

Special Rapporteur to visit their countries to enable her to fulfil her mandate more

effectively;

51. Recalls the request made by the General Assembly in its resolution 69/177 of

18 December 2014 that the Special Rapporteur submit to the Assembly an interim report at

its seventieth session on the implementation of that resolution, and to continue her work,

including by examining emerging issues with regard to the realization of the right to food

within her existing mandate;

52. Invites Governments, relevant United Nations agencies, funds and

programmes, treaty bodies and civil society actors, including non-governmental

organizations, and the private sector to cooperate fully with the Special Rapporteur in the

fulfilment of her mandate through, inter alia, the submission of comments and suggestions

on ways and means of realizing the right to food;

53. Requests the Special Rapporteur to submit a report on the implementation of

the present resolution to the Human Rights Council at its thirty-first session;

54. Decides to continue consideration of this matter under the same agenda item

at its thirty-first session.

55th meeting

26 March 2015

[Adopted without a vote.]