A/HRC/7/5
page 24
these provisions, the Supreme Court of India has found that the Government has a constitutional
obligation to take steps to fight hunger and extreme poverty and to ensure a life with dignity for
all individuals.
68. In South Africa, all economic and social rights have been declared justiciable under
South African law. The South African Bill of Rights, incorporated into the 1996 Constitution,
explicitly provides (sect. 27, para. 1 (b)) that every person has the right to have access to
sufficient food and water, subject to progressive realization. This legal recognition of the right to
food allowed, for example, non-governmental fishing organizations in South Africa to initiate
and win a case before the High Court of Cape Town in 2007.67
D. Global commitments to fight hunger
69. The Special Rapporteur is impressed by the global campaign to fight hunger and poverty
worldwide spearheaded by the President of Brazil and by the commitments made in the
New York Declaration on Action against Hunger and Poverty. With the help of a Quadripartite
Group of Brazil, France, Chile and Spain, an international fund to fight hunger has been created
drawing on the groundbreaking Landau report which proposes innovative financing mechanisms
for development aid.68
70. At the regional level, the Special Rapporteur welcomes the dynamism of the
Latin American and Caribbean regions in general, and particularly the adoption of the regional
initiative to eradicate hunger and guarantee food security under the “Iniciativa América Latina y
Caaribe sin Hambre”, which makes the realization of the right to adequate food for all and at all
levels a key priority in the region.
E. The food sovereignty strategy
71. Several States and civil society organizations have been active in questioning the whole
paradigm of free trade in agriculture, as they believe that the inequities of the global agricultural
trade system are a disaster for food security, particularly for poor countries and poor people.
Today, States such as Germany, Norway, Switzerland and others and civil society organizations
are calling for a new focus on “food sovereignty” that challenges the current model of
agricultural trade, which they see as promoting an export-oriented, industrial agriculture that is
displacing peasants and destroying family agriculture.69
67
FIAN, Decision by South African High Court ends long lasting fight of fishermen,
www.fian.org.
68
J-P. Landau, “New International Financial Contributions for Development”, 2004.
69
See E/CN.4/2004/10.
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