On the question of Economic, Social and Cultural Rights

Written statement submitted by the International Centre for Human Rights and Democratic Development (Rights & Democracy), a non-governmental organization in special consultative status

International Trade and the Human Right to Adequate Food

1. In a world that has more than enough food to feed itself, the number of people who suffer from hunger and malnutrition is increasing. According to the UN Food and Agriculture Organization, more than 850 million lack adequate food. Every five seconds a child under the age of five dies of hunger or hunger-related disease. Eighty percent of people suffering from hunger live in rural areas and derive their livelihood from agriculture.

2. The ability of States to meet domestic obligations related to the human right to food is inextricably linked to the international trade in agriculture. For example, national agriculture policies in one country can result in over-production and the export of surpluses to another country at prices below their cost of production. This process, known as dumping, disrupts local markets and affects livelihoods, living standards and access to adequate food, particularly in developing countries. As the economies of the world integrate, more attention should be given to the responsibility to promote and protect human rights beyond national borders.

3. The human right to adequate food cannot be separated from the human right to water. Over-production in the agricultural sector results in wasteful water use and increased non -point source pollution of water resources, affecting the quantity and quality of water availability. The quantity and quality of water affects both agriculture-based livelihoods and food security.

4. Current negotiations at the World Trade Organization (WTO) are supposed to address livelihood and food security concerns by establishing flexibilities within new rules for trade in agriculture. The WTO Doha Declaration affirmed that "non-trade concerns will be taken into account in the negotiations" and that special and differential treatment would become an "integral part of all elements of the negotiations" (paragraph 13). Nevertheless, the framework now governing the negotiations (known as the "WTO July Framework") offers little hope to millions of poor farmers around the world that their livelihoods and food security will be addressed. The framework fails to provide rules to discipline the causes of overproduction and the defence mechanisms it proposes for use by developing countries are inadequate to allow them to meet their human rights obligations including the human right to adequate food. Moreover, negotiations on services oiented towards increased private sector ownership of water sources and distribution networks may affect the human right to water in both rural and urban areas.

5. The International Covenant on Economic, Social and Cultural Rights requires that States Parties "take steps, individually and through international cooperation" in order to achieve the full realization of human rights (Article 2). At the minimum, this should require States to ensure that their international policies and practices do not undermine domestic implementation of human rights obligations or the ability of other sovereign states to do the same. While domestic obligations of States are the primary basis for human rights protection, "extra-territorial obligations" are emerging as a key issue for consideration within economic policy making. These require that States not only give prior consideration to the potential impact of trade rules and practices on the human rights of their own people, but also that they assess their impact on the human rights of the people living in the countries with which they trade.

Recommendations:

1. The UNCHR should request that the Office of the High Commissioner for Human Rights undertake research, including multi-stakeholder consultations, with a view to clarifying the nature of extra-territorial human rights obligations as they apply to the international trade in agriculture and respect for the human right to adequate food, including the right to water.

2. Member states of the United Nations should develop inter-departmental processes at the national level in order to ensure coherence between human rights treaty obligations and proposals for new trade rules in the area of agriculture. With regard to the human right to adequate food, this will require the consideration of sufficient flexibility and safeguard measures within the WTO Agreement on Agriculture.

3. Member states of the United Nations should ensure that achievement of human rights, including the human right to adequate food and the human right to water, form the framework for trade negotiations and practices. This might require, but not be limited to, human rights impact assessments for existing trade agreements and also for proposed revisions to existing commitments prior to their adoption.

This (oral) statement is presented in conjunction with:

Féderation International des Droits de l'Homme (FIDH), France
Food First Information & Action Network (FIAN), Germany
Franciscans International, Switzerland
Greenpeace International, Netherlands
Institute for Agriculture & Trade Policy (IATP), USA
Lutheran World Federation (LWF), Switzerland
World Young Women's Christian Association (YWCA), Switzerland

and with the support of:

Afrika-Europa Network, Netherlands
Anglican Church of Canada, Canada
Board of Social Responsibility, United Kingdom
Bread for All, Switzerland
Bridge Africa, Kenya
Canadian Council for International Cooperation, Canada
Canadian Foodgrains Bank, Canada
Center for Human Rights & Environment, Argentina
Centre for Studies for Food Security, Ryerson University, Canada
Center for Sustainable Agriculture, India
Centro de Derechos Humanos, Mexico
Council for World Mission, UK
Ecumenical Advocacy Alliance, Switzerland
European Anti Poverty Network (EAPN) Ireland
Fellowship of Christian Churches, West Africa
Forum for Child Rights, India
Interchurch Organization for Development Cooperation (ICCO), Netherlands
Kiryowa Anglican Church of Uganda, Uganda
Muti Wedzidzo, Zimbabwe
Oakland Institute, USA
Presentation Justice Network, Ireland
Sisters of the Holy Cross, USA
Toronto Food Policy Council, Canada
Uganda Fisheries Development Association (UFDA), Uganda
United Church of Christ, USA
Women Working Worldwide (WWW), USA
Xminus Y Solidarity Fund, Netherlands

March 30, 2005