HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUE WITH SPECIAL RAPPORTEURS ON THE RIGHT TO FOOD AND ON ADEQUATE HOUSING

The Human Rights Council at its midday meeting held a clustered interactive dialogue with the Special Rapporteur on the right to food, Hilal Elver, and with the Special Rapporteur on the right to adequate housing, Leilani Farha. The Minister of Foreign Affairs of Finland, Erkki Tuomioja, also addressed the Council with a statement marking International Women’s Day.

Erkki Tuomioja, Minister of Foreign Affairs of Finland, in a joint cross-regional statement with Mexico and 97 co-sponsors, said that International Women’s Day provided an opportunity to take stock of the implementation of women’s rights. Gender equality and empowerment of women and girls as effective means to promote and protect human rights should be reflected as a stand-alone goal in the post-2015 development agenda. Gender discrimination was deeply rooted in societies, and women’s rights and lives were too often depending on arbitrary decisions, lack of access to justice and biased governance institutions. Girls were too often subjected to harmful practices and too many women still lived in fear, or fell victims to violence, discrimination, child, early and forced marriage, female genital mutilation, human trafficking and sexual exploitation.

Ms. Elver said her thematic report explored the obstacles faced by those wishing to seek remedy for violations related to the right to food by analysing the current international legal framework and identifying examples of good practice as a means of encouraging States to develop judicial remedies in accordance with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The report also addressed extraterritorial obligations in relation to the right to food. Immediate humanitarian aid should be provided by the international community to conflict zones and refugee camps throughout the Middle East and Africa where innocent women and children were suffering from hunger, sickness and lack of shelter.

Ms. Farha was concerned about the large and ever-widening gap between the standards developed over the past decades on the right to adequate housing, and the realities of daily life for millions of people, what she called the “implementation gap”. The right to housing was often obscured by, rather than integrated into, housing, land and related policies, urban and regional planning, and economic policy. The trend toward decentralization, combined with rapid urbanization and human mobility, meant that local governments had critical responsibilities in housing and related areas, not only for the prevention of evictions, but also for positive measures required for the progressive realization of the right to adequate housing.

In the interactive dialogue on the right to food, speakers said multinational companies and financial institutions exercised great influence on the adoption of national policies with respect to agricultural production. The importance of introducing laws on operationalizing the right to food into laws and policies, as a buffer against land-grabbing and over-exploitation was stressed. Some delegations also underlined the importance of advancing gender equality and recognizing women as key drivers for combatting hunger and malnutrition. States had an international obligation to fight poverty and hunger beyond their national borders, and there was a need to develop political and legal measures for the development of an institutional framework for food security. Climate change was a major threat to the right to food. Delegations also raised concerns over food prices, especially for net import countries.

During the interactive dialogue on adequate housing, speakers underlined a direct link between inadequate housing and discrimination, noting that minorities and marginalized communities often were the primary victims of violations of the right to adequate housing. In that respect local authorities held particular responsibility because forced evictions and discriminatory exclusion from housing was often result of decisions or policies adopted at the local or subnational levels. It was important to ensure that decentralization was guided by human rights. Subnational governments faced considerable challenges in realizing the right to adequate housing in times of disasters. Inadequate resources, insufficient knowledge and capacity, and overlapping mandates could result in severe delays and inaction in the provision of shelter to the most vulnerable.

Representatives of non-governmental organizations underlined the importance of connecting the local with the international in the full realization of the right to adequate housing. It was important to guarantee access to justice at the local level to ensure accountability and effective remedies for rights holders, as well as mechanisms to challenge local government decisions. They also stressed the need to strengthen the justiciability of the right to food through an international legal framework to complement national legal systems. Small-scale farmers held the key to the realization of the right to food in an era of climate change, and their active participation in the development of legal frameworks was a prerequisite to having their voices heard.

States and organizations participating in the dialogue were: European Union; Ecuador on behalf of the Community of Latin American and Caribbean Countries; Pakistan on behalf of the Organization of Islamic Cooperation; France, Namibia, Niger, Bahrain, speaking on behalf of the Arab Group; Algeria, speaking on behalf of the African Group; India, Norway, Mexico, Brazil, Venezuela, El Salvador, Sierra Leone, Turkey, Egypt, Food and Agricultural Organization of the United Nations, Cuba, Ireland, Qatar, Burkina Faso, Thailand, Paraguay, Portugal, Germany, Ethiopia, Switzerland, Eritrea, China, Luxembourg, Finland, Togo, Sweden, Bolivia, South Africa, Saudi Arabia, Iran, Malaysia, Indonesia, Serbia, Algeria, Morocco and Bangladesh. A Representative of the International Committee of the Red Cross also spoke.

The following non-governmental organizations also took the floor: Action Canada for Population and Development, speaking together with the Sexual Rights Initiative; Centre Europe – Tiers Monde; International Youth and Student Movement for the United Nations; Friends World Committee for Consultation (Quakers); International Buddhist Relief Organization; Global Initiative for Economic, Social and Cultural Rights; Indian Council of South America; Al-Khoei Foundation; Franciscans International; BADIL Resource Centre for Palestinian Residency and Refugee Rights; Foodfirst Information and Action Network; Human Rights Advocated Inc.; Maarij Foundation for Peace and Development; Lutheran World Federation; and Hope International.

At the beginning of the meeting, the Council saw a video prepared by the Office of the High Commissioner for Human Rights on the role of the women’s rights defenders, in observance with International Women’s Day.

The Council is holding a full day of meetings today. At 4:30 p.m., the Council will hear the Special Rapporteur on torture and the Special Rapporteur on human rights defenders present their reports and will then hold a clustered interactive dialogue with them.

Statement by the Minister of Foreign Affairs of Finland

ERKKI TUOMIOJA, Minister of Foreign Affairs of Finland, in a joint cross-regional statement with Mexico and 97 co-sponsors, said that International Women’s Day provided an opportunity to take stock of the implementation of women’s rights: This year marked a particularly important year for women’s rights and gender equality: the world celebrated 40 years of the first world conference on the status of women in Mexico, 20 years of the Beijing Declaration and Platform for Action, and 15 years of the resolution on women, peace and security. The post-2015 development agenda was being negotiated this year, and the Minister stressed that every agenda in the world should ensure the participation and leadership of women in securing effective solutions to global problems; investing in women was a very smart investment. Gender discrimination was deeply rooted in societies, and women’s rights and lives were too often depending on arbitrary decisions, lack of access to justice and biased governance institutions. Girls were too often subjected to harmful practices and too many women still lived in fear, or fell victims to violence, discrimination, child, early and forced marriage, female genital mutilation, human trafficking and sexual exploitation. All too often, the violation of women’s rights went unpunished, said Mr. Tuomioja, adding that achieving gender equality was not possible without the participation of men and boys as male role models and agents of change. Gender equality and empowerment of women and girls as effective means to promote and protect human rights should be reflected as a stand-alone goal in the post-2015 agenda.

Documentation

The Council has before it the report of the Special Rapporteur on the right to food, Hilal Elver (A/HRC/28/65)

The Council has before it the report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, Leilani Farha (A/HRC/28/62)

Presentation of the Reports

HILAL ELVER, Special Rapporteur on the right to food, said her thematic report explored the obstacles faced by those wishing to seek remedy for violations related to the right to food by analysing the current international legal framework and identifying examples of good practice as a means of encouraging States to develop judicial remedies in accordance with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The report also addressed extraterritorial obligations in relation to the right to food. The reluctance of a number of States to recognize that economic, social and cultural rights were justiciable and equal in legal stature to civil and political rights had done much to cause unfounded misconceptions about them, said the Special Rapporteur, noting that her report dealt with obstacles placed by many States in preventing the right to food from being recognized as a human right. Although Latin America as a region had made the most impressive progress in terms of developing legal frameworks there had also been significant developments in Africa and South Asia. States should implement gender mainstreaming in relation to domestic policies on agricultural land property and inheritance rights to ensure the empowerment of women by guaranteeing their basic rights to access resources to produce and consume adequate and healthy food.

The food security situations in Syria, South Sudan and Gaza were highlighted as particularly worrisome by the Special Rapporteur who spoke about the need for a coordinated international response to maintain peace and human security and protect innocent people in times of armed conflict. Immediate humanitarian aid should be provided by the international community to conflict zones and refugee camps throughout the Middle East and Africa where innocent women and children were suffering from hunger, sickness and lack of shelter. The Special Rapporteur spoke about how economic globalization and the increasing involvement of corporate entities in State affairs had challenged the traditional understanding of territoriality of human rights. The powerful influence of transnational corporations and international financial institutions had changed the way the principles of territoriality intersected with international human rights standards. Bilateral and regional foreign trade agreements had facilitated the privatization, deregulation and growth of extractive industries around the globe, with significant impact on food security and trade.

LEILANI FARHA, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, was concerned with the large and ever-widening gap between the standards developed over the past decades on the right to adequate housing, and the realities of daily life for millions of people, what she called the “implementation gap”. The right to housing was often obscured by, rather than integrated into, housing, land and related policies, urban and regional planning, and economic policy. Because they played such a significant role in housing and related programmes, the Special Rapporteur had focused her report on local and other subnational governments. The trend toward decentralization, combined with rapid urbanization and human mobility, meant that local governments had critical responsibilities in housing and related areas, not only for the prevention of evictions, but also for positive measures required for the progressive realization of the right to adequate housing. Resources to meet these obligations had however not been sufficient, and local government officials were often unaware of their obligations under international human rights law with respect to adequate housing. In addition, international human rights mechanisms were not always helpful in ensuring that local and subnational governments were held accountable to human rights obligations.

On a positive note, Ms. Farha noted a number of constitutional claims on the right to housing from diverse jurisdictions which had focused on the role of local or subnational level governments. Cases from Argentina, Colombia, Egypt, India and South Africa had held subnational governments responsible for failing to implement some aspect of the right to adequate housing. Each case had articulated important standards and structural remedies which had already started to inform emerging international human rights norms. Also, some initiatives had aimed at engaging local governments, in particular through the movements focused on the “human rights city,” and “the right to the city”, and had led to the adoption of a number of measures related to the right to adequate housing. Other creative initiatives included those where local governments and community groups were trying to ensure access to justice and remedies for violations of the right to adequate housing at the local level through independent mechanisms such as ombudspersons offices, local human rights commissions, and elected councils.

Interactive Dialogue

European Union noted that all levels of Government had to be involved in the progressive realization of the right to housing as a component of the right to an adequate standard of living. The European Union asked the Special Rapporteur to suggest practical recommendations on how States could avoid lack of clarity and overlapping responsibilities where those in need of housing were caught in the middle. As for the right to food, could the Special Rapporteur provide further best practice examples of remedies in cases of violations of the right to food.

Ecuador, speaking on behalf of the Community of Latin American and Caribbean Countries, said that Latin American and Caribbean countries had already reached their goals in reducing hunger. The Community emphasized the importance of family farming in further work in that respect. As for the right to housing, it was necessary to come up with a new housing planning framework in Latin America, namely a new generation of housing policies that would be equitable and sustainable. Finally, public policies in that respect had to be participative.

Pakistan, speaking on behalf of the Organization of Islamic Cooperation, underlined that the right to food was one of the fundamental human rights, and that it was crucial for the realization of other civil, political, economic, social and cultural rights, including the right to development. In developing countries the realization of that right was challenged by the lack of capacities due to socio-economic and environmental problems. As for the right to housing, the involvement of local governments was pivotal.

Bahrain, speaking on behalf of the Arab Group, said that both the right to food and the right to adequate housing were fundamental rights recognized in the Arab Charter. The Arab Group agreed that there remained obstacles with regards to the implementation of the right to adequate housing, including with regard to access to funding and to the issue of foreign debt. Turning to the report of the Special Rapporteur on the right to food, the Arab Group underlined the importance of linking the work on this matter with issues of international investments and of climate change.

Algeria, speaking on behalf of the African Group, welcomed that the Special Rapporteur on adequate housing had emphasized the role and responsibilities of local and national authorities. The African Charter on Human and People’s Rights guaranteed this right and a number of initiatives had been taken to implement the right to adequate housing. The right to food was a top priority for African countries, and the African Group called for international solidarity and cooperation for economic, social and cultural rights, including the right to development.

India said that its constitution guaranteed the right to food as a part of the right to life. The development of legislative norms had to be accompanied by implementation programmes. With regard to housing, India underlined that minorities and marginalized communities often were the primary victims of violations of the right to adequate housing, and welcomed the Special Rapporteur’s emphasis on the responsibility of local authorities in that regard.

Norway welcomed the emerging consensus on the need for efforts to enhance food and nutrition security. It asked the Special Rapporteur to share examples of laws on operationalizing the right to food into laws and policies, as a buffer against land-grabbing and over-exploitation. It also asked that the Special Rapporteur on the right to adequate housing elaborate on possible synergies with the realization of the right to food.

Mexico said it would continue working to strengthen the right to housing. In Mexico, each state propagated its own housing state law, pursuant to what was defined in the Constitution. The authorities provided subsidies, mortgages and loans, and the National Housing Policy aimed to enhance sustainable housing. Mexico asked the Special Rapporteur to share the best practices in coordinating national and subnational policies.

Brazil commended the Special Rapporteur for having brought to the attention of the Council the role of subnational governments in the realization of the right to adequate housing. The Brazilian Government would participate in the elaboration of the new agenda at the Third United Nations Conference on Housing and Sustainable Urban Development in Ecuador in October 2016. As for the right to food, Brazil noted its progress in fighting and reducing hunger.

Venezuela agreed that States had an international obligation to fight poverty and hunger beyond their national borders and underlined the need to develop political and legal measures for the development of an institutional framework for food security. Venezuela had doubled its efforts to progressively realize the right to adequate housing and was implementing measures to permanently address structural lack of adequate housing in the country.

El Salvador was in the process of approving an amendment to the Constitution referring to the right to food and water for all, and said that the action so far at the international level was not enough. Increasing food prices had a negative impact on small economies that depended on food imports for their food security. Access to information and technical and specialized knowledge offered farmers the possibility of choosing between different methods of bringing about sustainable agricultural production.

Sierra Leone stressed that the proactive participation of local governments was critical to the effective implementation of the right to adequate housing and that resources needed to be made available. Ebola had escalated the food crisis and led to food shortages and price increases. While every step was being taken to progressively realize the right to adequate food, Sierra Leone still needed the support of the international community to realize this objective.

Turkey attached great importance to the right to food, and would, as President this year, include it in the G20 discussions. Turkey also strongly supported the important work of the Food and Agriculture Organization, and had increased its financial contribution to it. Turkey looked forward to the panel discussion on this issue to be held during this session, which would focus on participatory development and poverty eradication at the national level.

Egypt said the establishment of judicial remedies for violations of the right to food was essential to its implementation. Egypt was the first country in the region to have the right to food enshrined in its constitution as a stand-alone right. Egypt underlined the importance of local authorities in the realisation of the right to adequate housing, and emphasized also the importance of effective remedies for enforcing this right.

Food and Agriculture Organization of the United Nations considered that the right to food was at the heart of hunger eradication, and underlined the importance of a consensual approach towards its progressive realization. There had been progress on the implementation of the right to food guidelines over the past years. States were growingly committed to implement this right at the international, national and regional levels. The Food and Agriculture Organization welcomed that the Special Rapporteur had underlined the importance of the justifiability of the right to food.

Cuba noted that multinational companies and financial institutions exercised great influence on the adoption of national policies with respect to agricultural production. It was thus important to address the question of unequal distribution of wealth at the international level, and the unjust economic system. As for the right to adequate housing, Cuba called for the creation of a housing system that avoided social exclusion.

Ireland said that the eradication of hunger was a corner stone of Ireland’s development aid and a pillar of its foreign policy. A particular focus was placed on advancing gender equality and recognizing women as key drivers for combating hunger and malnutrition. It asked the Special Rapporteur to provide concrete examples of ways in which international cooperation could contribute to ensure the empowerment of women and their access to food.

Qatar reiterated the importance attached to affordable housing, which was equally important to citizens of Qatar and foreigners. The national housing law facilitated access to loans and ownership, in particular for those persons who had modest incomes. It also introduced penalties for those who violated the provisions of the said law. Qatar reiterated its commitment to continuing to further discussions in that respect.

Burkina Faso said that the right to food was a precondition to the enjoyment of all other rights and the Government had adopted in 2014 the national policy for food security and nutrition which had led to an excess production of grains, which were sold at subsidized prices. Development assistance had a very important role to play in ensuring the enjoyment of the right to food.

Thailand said that food and housing were life essentials and Thailand urged all States to step up efforts to enhance the overall well-being of people, including through the use of new agricultural technology to improve food production. Thailand believed that the construction of affordable housing, the provision of financial assistance and the readjustment of land were of particular importance for the vulnerable and disadvantaged in all communities.

Paraguay said that the effective implementation of the right to food was protected at the constitutional level; the international instruments for the eradication of hunger were in force, while the Food Security and Nutritional Bill were being considered. Paraguay further said that strengthening of the right to adequate housing was of vital importance and was part of its national development plan. More efforts must be made by States to address this problem worldwide.

France noted the Special Rapporteur’s recommendation that it should be possible to bring the right to food before courts. France would continue to promote this right through its development cooperation and policies. On adequate housing, France welcomed that the Special Rapporteur had linked this right to adequate standards of living and to the right to non-discrimination. France agreed that local authorities had a key role to play in identifying and implementing solutions to better guarantee the right to adequate housing.

Namibia said the right to food was a basic human right, and that a rights-based approach to food security was crucial. The Namibian constitution protected the right to food indirectly, and could be invoked before the courts. The most effective way to address food insecurity was through strengthening the agricultural sector. Namibia supported efforts by the African Union on the right to food. Namibia also supported the call from the Special Rapporteur that international cooperation had to become the norm in a globalized world.

Niger said its domestic law required investments in priority areas, including food. Niger had a lot of desert and was vulnerable to climate change. Its government had therefore taken measures to implement the right to food. The “Nigerians Feed Nigerians” initiative had resulted in a significant increase in cereal production in only two years. To face food crises, the Government had adopted a prevention and catastrophe-management plan, which allowed it to face food shortages and support displaced persons in cases of floods.

Portugal said that both reports stressed the potential of communication procedures in bringing about positive changes in the realization of human rights. It asked both Special Rapporteurs to elaborate on their vision concerning the post-2015 development agenda and to share possible recommendations on the upcoming final stages of negotiations. It also asked what suggestions could be put forward with respect to the active participation of local and subnational governments in the work of all relevant international human rights mechanisms.

Germany underlined the direct link between inadequate housing and discrimination. It was thus important to underline the importance of ensuring that decentralization was guided by human rights. It asked the Special Rapporteur to share best practices to ensure that local and other subnational levels of Government were cognizant of human rights. It also asked for elaboration on constructive forms of engagement between Governments at the local level and civil society, as well as on new approaches for government accountability.

Ethiopia said it had been implementing housing programmes for low-income people for more than a decade. More than 100,000 new housing units had been transferred to the beneficiaries in Addis Ababa in the past five years. More than 26 per cent of the beneficiaries were women. The integrated housing programme also had recorded an impressive result in terms of job creation, amounting to more than 500,000 job opportunities. Addis Ababa had also taken various measures to downsize the number of slums to 60 per cent.

Switzerland thanked the Special Rapporteur on the right to food for highlighting a very relevant issue in the domain of extraterritorial obligations. Human rights violations committed outside of the territory of State of origin and the impunity that often followed were becoming an important topic in international human rights discussions. This was an important discussion to be followed and should be supported by all stakeholders.

Eritrea said that the right to food was mainstreamed into national development and that food security continued to be an integral part of the social sector policy. Eritrea had improved its food security and, despite the recurrent cycles of drought, the lack of resources and capacity, and the environment of insecurity, no hunger or starvation had been witnessed in the past 15 years. Eritrea had also been free from food aid during this period.

Remarks by the Special Rapporteurs

HILAL ELVER, Special Rapporteur on the right to food, said that the right to food was considered as a major, fundamental right for many countries. Climate change was a major threat to the right to food, and regulations for disasters were very important. Food prices, especially for net import countries, were another issue of concern expressed by the delegations. This had been an issue since 2007, but the international community still had not provided any definitive solution to this problem; everybody must work together to address this issue. When the human rights principles had been established in the 1940s, transnational corporations and international financial institutions were not a major player and were not considered to have human rights obligations; that had changed and there was a need for all to work together to ensure that they behaved responsibly. A number of countries had developed policies, such as human rights impact assessments that ensured more responsible behaviour. Land grabbing must be seriously regulated by domestic and national laws, while an international framework should be in place as guidance in this matter, because of its direct impact on the right to food and food security of the local people. The Special Rapporteur stressed that in making the right to food a reality, legislative actions were the first step.

LEILANI FARHA, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, on the clarification of roles between national and local authorities, said that it was not her role to define that, and that it was up to States themselves. There was no one good answer as to how to divide roles and responsibilities. She underlined however the importance of communication between the different levels of government. International technical cooperation was essential to the implementation of the right to adequate housing. International technical cooperation was not only about the transfer of money, but also about the transfer of knowledge. She underlined the importance of involving subnational level governments in international human rights mechanisms, for example in the redaction of periodic reports to treaty bodies. Ms. Farha was concerned that the post-2015 discussions would not incorporate the right to adequate housing appropriately. With respect to the development of international norms in this area, she said that the notion of progressive realization would have to be further focused on.

Interactive Dialogue

China noted that food for all was the most important human right and an essential priority for China. With only 17 per cent of arable land, China managed to feed a considerable percentage of the entire world population. It aimed to improve its agricultural production and share food production technologies with the world. Housing was very important for the stability of the country, particularly providing housing for the most vulnerable. Regional authorities were putting in place housing plans with the support of the central Government.

Luxembourg reiterated its engagement in the fight against hunger, malnutrition and food insecurity. Achieving the right to food for all was possible, but its implementation had to be provisioned through adequate legal systems. In some countries that right existed, but nevertheless numerous people faced institutional obstacles in achieving it. Luxembourg asked the Special Rapporteur to elaborate on the ways in which most vulnerable populations could fully access their right to food.

Finland said that social renting was a key housing policy tool to guarantee housing for all in Finland. The State subsidized renting of municipal or non-profit organizations’ apartment buildings, and it placed great importance on the right of tenants to be informed about matters related to renting conditions. It asked the Special Rapporteur to share her views on good practices to best ensure the participation of those affected by housing-related decisions at the local level.

Togo took note of the analysis and conclusions in the report on the right to food and said that the enjoyment of this right depended on the resources available to States. Togo had launched the national food security programme, thanks to which it was able to produce surplus which was then sold to the World Food Programme and distributed to other countries in need. Togo had also adopted a national strategy on housing, and would build 1,000 social housing units.

Sweden shared the Special Rapporteur’s concerns regarding the large and widening gap between the adopted housing standards and the realities of daily life of hundreds of millions of people across the world. Individuals deprived of the right to adequate housing were often the most marginalized in society due to the intersection of discriminatory factors; what was the role of local governments in bringing forward their experiences?

Bolivia established through its Constitution that the right to food was a fundamental right and was one of the first to ratify the International Covenant on Economic, Social and Cultural Rights. Bolivia was concerned about transnational corporations which had significant influence on national and international agricultural and food policies and decision-making. National food security strategies must pay particular attention to the intersection of food and trade policies.

International Committee of the Red Cross said that subnational governments faced considerable challenges in realizing the right to adequate housing in times of disasters. Inadequate resources, insufficient knowledge and capacity, and overlapping mandates could result in severe delays and inaction in the provision of shelter to the most vulnerable. A holistic settlement approach had the potential to strengthen the safety of many of the most vulnerable and would ensure a most progressive right to adequate housing.

South Africa said that the International Covenant on Economic, Social and Cultural Rights was vital in shaping and developing the normative framework on the right to food. As for housing, local and subnational governments were central actors in the realization of the right to adequate housing. The Government of South Africa therefore remained committed to developing more equitable and sustainable cities.

Saudi Arabia said that the right to food and security of nutrition had to be guaranteed. The Government of Saudi Arabia was actively contributing to the achievement of that goal through various policies and activities. As for the right to adequate housing, local authorities should participate very broadly in those efforts, along with public and private sector actors. To that end the Government had increased housing credit for the construction of new housing units.

Iran said that a growing number of people across the world remained unable to meet their basic food needs. Iran was working towards ensuring the empowerment of women by guaranteeing their access to adequate food, and was taking steps to engage them in all related domestic policies. Iran noted that forced evictions and discriminatory exclusion from housing was often the result of decisions or policies adopted at the local or subnational levels.

Serbia stressed its dedication to the right to adequate housing, as well as its commitment to strengthening the role of local authorities for its realization. In Serbia, vulnerable groups in dire need for adequate housing were not only from the Roma community and displaced person. They also included disaster related beneficiaries as well as all people concerned with the issue of affordability. As for food security, Serbia was committed to further improve its legislation and to implement it in light of international and European standards.

Indonesia welcomed recommendations to develop judicial remedies to enforce the right to food, and underlined the importance of national cooperation and capacity building for the realization of the right to food. On adequate housing, Indonesia took note of the challenges faced by local governments, and remained committed to addressing them. Involving local governments in international reporting efforts would complicate States’ cooperation with international mechanisms.

Malaysia asked how to balance States’ sovereignty and extraterritorial obligations referred to by the Special Rapporteur on the right to food. On the right to adequate housing, Malaysia agreed that involving local and subnational governments was important towards effective implementation. Malaysia remained committed to ensuring this right at the federal level.

Algeria said that the implementation of the right to food still faced obstacles; it required further support by the international community and developed countries needed to face their international obligations. Algeria continued to attach major importance to housing and was building new units with national funds, in cooperation with local and regional authorities.

Morocco had in place the National Nutrition Strategy which had enabled it to reduce infant mortality by 45 per cent. The realization of the right to adequate housing required the involvement of national authorities. Morocco had a plan for decent housing, which was also enshrined in the 2011 Constitution.

Bangladesh expressed support for the two mandate holders and said that the right to food was not only a distinct right to be free from hunger, but also to have sustainable access to food. The report had identified two areas for further reflection, one was disaster-induced displacement and the second was intellectual property. Intellectual property could not be the pretext to deny access to seeds and different varieties of plants.

Global Initiative for Economic, Social and Cultural Rights noted that in many cities and urban contexts the policies and decisions of subnational governments impacted the housing rights of very large numbers of people. Connecting the local with the international was vital for the full realization of the right to adequate housing. It was important to guarantee access to justice at the local level to ensure accountability and effective remedies for rights holders, as well as mechanisms to challenge local government decisions.

International Buddhist Relief Organization noted that the right to food was a fundamental human right. It warned that India had one of the highest numbers of children suffering from malnutrition, adding that almost 50 per cent of Indian children were underweight and more than 70 per cent of the women and children had serious nutritional deficiencies, such as anaemia. The International Buddhist Relief Organization urged the Council to look into that matter.

Friends World Committee for Consultation (Quakers) welcomed the Special Rapporteur’s work on strengthening the justiciability of the right to food through an international legal framework to complement national legal systems. Small-scale farmers held the key to the realization of the right to food in an era of climate change because they employed diverse farm management practices to suit local needs and changes. Their active participation in the development of legal frameworks was a prerequisite to having their voices heard.

Indian Council of South America said that Alaska and Hawaii were working to address the violations of their right to self-determination and were diplomatically protesting the illegal occupation and annexation. The Human Rights Council and its Special Procedures should address those urgent issues to restore Indigenous Alaskans and Hawaiians’ right as peoples to their traditional foods.

Al-Khoei Foundation said that the three million Iraqi Turkmen had historically been subject to an aggressive assimilation programme. The invasion of terrorist groups such as ISIS had forced more than a million Turkmen from their homes and thousands had been killed. The Iraqi Turkmen should not be seen as a danger to Iraqi sovereignty but as an asset to stability and a valuable member of national unity.

Franciscans International commended India for the adoption of the National Food Security Act of 2013 and noted that ration cards did not consistently reach the most marginalized populations, many of whom were unable to benefit from this Act. India was replacing its public distribution system with cash transfers, which would not guarantee access to food and would have the greatest impact on vulnerable groups.

Action Canada for Population and Development, speaking together with the Sexual Rights Initiative, said that the biggest challenges to the right to food were the impact of laws and policies hostile to food security, and the negative contribution of the corporate sector. Addressing barriers to equitable and just sharing of resources, such as land, housing and livelihoods was an obligation of States and they had to take urgent action to end hunger and ensure sustainable access to food by the poorest.

Centre Europe – Tiers Monde said that the difficulty in holding corporations accountable for their human rights violations showed the necessity to put in place relevant international norms. The inclusion of peasants in the social security system was vital for the realization of the right to food. It was also important to introduce specific measures to protect marginalized groups.

International Youth and Student Movement for the United Nations stressed the central role of the right to food in the realization of social and economic rights, as well as the need to identify those who violated essential human rights. In view of the many victims of violations of the right to food, in particular in developing countries, the Movement asked the Special Rapporteur to elaborate on how States could assist victims to take judicial actions at the international and national levels.

BADIL Resource Centre for Palestinian Residency and Refugee Rights said that the report was not easily applied to Israel’s belligerent military occupation of the West Bank. Israel had assumed the role of de facto sovereign power in Area C, leading to a relentless assault upon the fundamental human rights of the Palestinians living there.

Foodfirst Information and Action Network stated that a holistic understanding of the right to adequate food and nutrition that recognized women’s rights and food sovereignty was essential for adopting appropriate policies. The extraterritorial obligation of States in relation to the right to food and nutrition was also applicable in the frame of trade and investment.

Human Rights Advocated Inc. said that mega-events, such as the Olympics and the FIFA World Cup, were often breeding grounds for blatant violations of the right to adequate housing. Displacement through forced evictions had been carried out through the use of violence and harassment against residents of local communities, sometimes leading to homelessness.

Maarij Foundation for Peace and Development expressed concern about the widening gap in the realization of the right to adequate housing and called upon States to take positive measures to realize this right. There was a need for more clarity about critical obligations, such as to address homelessness and allocate resources to ensure adequate housing for vulnerable and marginalized groups.

Lutheran World Federation, speaking in a joint statement, said that it was intolerable that one billion people today suffered from malnutrition, and that hunger was not a question of scarcity but a matter of injustice. At the core of food security in many places was lack of access to land and insecurity of tenure. Eighty per cent of the hungry lived in rural areas where the right to land was not recognized or respected.

Hope International said that every day 25,000 people died of hunger, including 16,000 children, and noted that the Special Rapporteur only considered law as a solution, and that not once had she spoken about training, agricultural inputs, access to water, energy or the right to land.

Concluding Remarks

HILAL ELVER, Special Rapporteur on the right to food, in her concluding remarks thanked representatives of non-governmental organizations for their comments and remarks. Speaking about family farming, she said family farming was at the forefront of the global food policy. Small farm-holders were those who prepared food for everyone. However, they needed to secure access to water, land and other resources, and to be protected from the impact of climate change. That should be the priority in States’ policies. The sustainable development goals should pay attention to human rights, such as the empowerment of women and the right to food. Without those the realization of the sustainable development goals would not be possible. The Ebola epidemic had demonstrated the importance for States and the international community to be prepared and to guarantee food security in the face of such disasters and emergencies. The response of States in the post-disaster period was as important, and they should be given adequate support to that end. The eradication of hunger was the principal goal in the realization of the right to food, and India, Brazil and China had demonstrated success in that respect. Women’s rights and empowerment in the realization of the right to food was vital, and Governments had to make concrete steps in that direction, such as for example achieving women’s ownership of land. Investment in agriculture was important in order to improve relevant policies.

LEILANI FARHA, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, in her closing remarks said that vulnerable groups were the ones who experienced marginalization and discrimination in the matters of housing and reaffirmed that in the implementation of her mandate, she would focus on specific vulnerable groups such as women, migrants, elderly and persons with disabilities. Community-based groups were often very inclusive of vulnerable groups, and the Special Rapporteur noted the examples of litigation groups in Latin America who included vulnerable individuals, or the representation of vulnerable groups for their inclusion in national housing strategies. The Special Rapporteur noted that women and girls experienced inadequate housing more than men, for example in the matter of lack of water and sanitation facilities or experience of forced eviction. Those differences needed to be included in the interpretation of the right to adequate housing and especially in the housing policies. Concerning mega-events and forced evictions, Ms. Farha pointed to the 2010 report by the previous mandate-holder, whose recommendations she strongly endorsed.

Violations of the right to adequate housing and impunity for those violations were an issue of concern and the Special Rapporteur said that there were a number of interesting initiatives at the local level to ensure access to justice for those whose right to adequate housing was being violated. There were innovative approaches to incorporate sub-national and local governments in the international law, and the international community should not shy away from exploring and innovating in this regard, especially given the unique and critical role those authorities played in the realization of the right to adequate housing; it was important that they knew their international obligations and felt engaged and responsible. The realization of the right to adequate housing at the local level required a holistic approach, support to local governments in grappling with the diverse challenges they faced, and it was about relationship building between different levels of the Government.


For use of the information media; not an official record

HRC15/021E