A/HRC/9/23
page 15
adequate food on their national territories; they are also under an obligation to contribute to the
realization of the right to food in other countries and to shape an international environment
enabling national Governments to realize the right to food under their jurisdiction.30 It is in this
light that we should understand the commitment of States under the Covenant, “taking 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’ (art. 11.2 (b)). It follows from
Article 56 of the Charter of the United Nations that they must cooperate in the identification and
elimination of the obstacles to the full realization of the right to food. Although it does not
provide a catalogue of measures which might constitute ‘international assistance and
cooperation” as required by the Covenant, it is clear at least from article 23 of the Covenant that
such an obligation is not limited to the provision of financial assistance.31 Rather, it should be
understood as having three implications, corresponding respectively to (a) an obligation not to
pursue policies which have a negative impact on the right to adequate food; (b) an obligation to
ensure that third parties, including private actors, do not interfere with the enjoyment of the right
to food; and (c) an obligation to cooperate internationally in order to contribute to the fulfilment
of the right to food. Whether or not they belong to the United Nations system, international
agencies are also under an obligation to respect the human right to adequate food, under general
public international law; and the member States of these organizations have a due diligence
obligation to ensure that international organizations to which they delegate powers exercise them
in conformity with their human rights obligations.32
A. The obligation not to pursue policies that have a negative impact
on the right to adequate food: the example of agrofuels
25. International law imposes on all States an obligation to re-examine, with a view to its
modification, any policy which has been proven to have a negative impact on the right to
adequate food or on the right of every individual to be free from hunger and malnutrition. It does
not matter whether such impact is documented within the State which has taken the measure, or
whether the impact is seen outside the national territory of that State, as long as there exists a
clear causality link between the policy in question and the enjoyment of the right to adequate
food.
30
See also United Nations Conference on Trade and Development, São Paulo Consensus,
(TD/410, 25 June 2004), para. 5.
31
This article states that ‘international action for the achievement of the rights recognized in the
present Covenant includes such methods as the conclusion of conventions, the adoption of
recommendations, the furnishing of technical assistance and the holding of regional meetings
and technical meetings for the purpose of consultation and study organized in conjunction with
the Governments concerned’.
32
The preliminary report of the Special Rapporteur to the UN General Assembly contains more
detailed normative references on these issues.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents