A/HRC/43/44
of deliberate starvation as a war crime or a crime against humanity. The most serious
alleged violations should be referred to the International Criminal Court for investigation
and prosecution. Formal recognition of famine as a crime will discourage the tendency of
Governments “to hide behind a curtain of natural disasters and state sovereignty when using
hunger as a genocidal weapon” (A/72/188, para. 92).
63.
The Special Rapporteur reiterates her call for a global convention that gives States
and the international community clear legal mandates to prevent famine and protect the
right to adequate food before situations reach a critical stage (see A/72/188). A binding
agreement should cover the essential elements of conflict prevention, prohibition and postconflict rehabilitation of the agricultural sector, prioritizing local producers and women
farmers. Steps should be taken to maximize local and regional sourcing of food for aid,
including increasing developmental assistance for long-term recovery.
B.
Implement a human rights-based approach
64.
Effectively implementing the right to food requires adopting a human rights-based
approach to governance. Such an approach reinforces the concept that all human rights are
interdependent, interrelated and indivisible. Human rights should always be interpreted and
applied holistically. The International Covenant on Economic, Social and Cultural Rights
recognizes that it is impossible to advance the right to food without addressing the rights to
housing (art. 11), health (art. 12) and social security (art. 9). Instruments that advance the
human rights of specific groups, such as the Convention on the Rights of the Child, the
Convention on the Elimination of All Forms of Discrimination against Women and the
Convention on the Rights of Persons with Disabilities, also need to align with the right to
adequate food.
65.
Accepting that the right to food is inseparable from other human rights has been
overwhelmingly adopted by Member States, but the principle has failed to be implemented.
A human rights-based approach reminds States to focus on the most marginalized, excluded
or discriminated-against segments of the population and to account for power imbalances
that undermine governance. The Covenant insists that States should exercise rights
“without discrimination of any kind as to race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status” and calls on States to
take account of the needs of the poor and vulnerable.
C.
Monitor rights and guarantee access to justice for extraterritorial
violations
66.
It is critical that States adopt the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights to ensure that avenues to justice are available and
known, especially in relation to the most vulnerable populations. Holding States and
transnational corporations accountable for violations of economic, social and cultural rights
must also extend beyond national borders (see A/73/164). In 2017, the Committee on
Economic, Social and Cultural Rights confirmed in its general comment No. 24 (2017) on
State obligations under the Covenant that States parties are required to take the necessary
steps to prevent human rights violations abroad by corporations domiciled in their territory
and/or jurisdiction without infringing the sovereignty of other countries. The Extraterritorial
Obligations Consortium, a global network of over 140 civil society organizations and
academics, has produced several reports on and raised awareness of the extraterritorial
obligations of States, including those arising from the Covenant.59
67.
Owing to the unrestrained power of corporate actors in the global food chain,
voluntarism does not work. Businesses are merely encouraged to act according to
“corporate social responsibility”, without providing accountability and monitoring
mechanisms. Voluntary guidelines, including the Principles for Responsible Investment in
59
The main terms of reference are the Maastricht Principles on Extraterritorial Obligations of States in
the Area of Economic, Social and Cultural Rights.
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