A/HRC/42/CRP.1
particular that have contributed to the depreciation of the Yemeni currency. They have all
contributed to depriving large parts of the population in Yemen of a decent living.
The right to food
803. The right to food is guaranteed by Article 11 of the ICESCR as part of the right of
everyone to an adequate standard of living. The Committee on Economic Social and
Cultural Rights considers that the core content of the right to adequate food implies the
availability and accessibility of food, i.e. “the availability of food in a quantity and quality
sufficient to satisfy the dietary needs of individuals, free from adverse substances, and
acceptable within a given culture; and the accessibility of such food in ways that are
sustainable and that do not interfere with the enjoyment of other human rights”. 1296 It
further explains that “availability refers to the possibilities either for feeding oneself
directly from productive land or other natural resources, or for well-functioning
distribution, processing and market systems that can move food from the site of production
to where it is needed in accordance with demand”1297, while accessibility encompasses both
economic and physical accessibility. 1298 The right to adequate food may be realized
progressively. However, States have the obligation to take the necessary action to mitigate
and alleviate hunger as provided for in Article 11, paragraph 2, even in times of natural or
other disasters.1299
804. Article 11 would be violated “when a State fails to ensure the satisfaction of, at the
very least, the minimum essential level required to be free from hunger”. 1300 Should a State
claim that it is unable to fulfil this obligation for reasons beyond its control, it would have
to be proven that this is the case, and also that “it has unsuccessfully sought to obtain
international support to ensure the availability and accessibility of the necessary food”.1301
For example, the prevention of access to humanitarian food aid in a non-international
conflict can constitute a violation of the right to food. Other States “should refrain at all
times from food embargoes or similar measures which endanger conditions for food
production and access to food in other countries. Food should never be used as an
instrument of political and economic pressure.”1302
805. Based on the above, the Group of Experts has reasonable grounds to believe that all
parties to the conflict are violating the right to food. In view of the pervasive food
insecurity, the Government of Yemen has failed to respect, protect and fulfil the right to
food, in coordinating with the coalition to actively block imports, in impeding the prompt
delivery of humanitarian relief, and through all other measures that exacerbate the
economic and humanitarian crisis. This includes measures taken within the scope of the
conduct of hostilities, such as siege-like warfare and the damage to objects essential to the
survival of the population. The coalition, in imposing a blockade and related import
restrictions, as well as through the destruction of objects necessary to ensure essential food
production, is also infringing upon the right to food of the population of Yemen, in
violation of international human rights law. Finally, the de facto authorities are also
violating their obligations as regards the right to food, in impeding the delivery of
humanitarian assistance, and through all other measures taken that exacerbate the economic
and humanitarian crisis, including the destruction of farmland and food production
facilities.
The right to water
1296
General Comment No. 12 (1999) on the right to adequate food, para. 8.
General Comment No. 12, para. 12.
1298 General Comment No. 12, para. 13.
1299 General Comment No. 12, para. 6.
1300 General Comment No. 12, para. 17
1301 General Comment No. 12, para. 17.
1302 General Comment No. 12, para. 37.
1297
193
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