The Role of FAO and the Intergovernmental Process to Develop Voluntary Guidelines for the Right to Adequate Food Kerstin Mechlem Development Law Service Legal Office FAO

Outline I. FAO and the Right to Adequate Food II. The Rationale of Developing Voluntary Guidelines I. The Intergovernmental Working Group on the Right to Adequate Food (IGWG)

FAO Primary provider of global information and technical assistance in matters related to food and agriculture Mandate ( Preamble FAO Constitution): raise levels of nutrition and standards of living improvements in the efficiency of the production and distribution of all food and agricultural products better the conditions of rural people contribute towards an expanding world economy

FAO and Art. 11 II ICESCR 1963: DG Sen‘s speech to the UN on draft ICESCR: regretted the absence of an „urgent call to mankind... to regard freedom from hunger as one of mankind‘s first freedoms. His draft became basis of Art. 11 II ICESCR In turn, in 1965, FAO Conference: right to freedom from hunger as the ultimate aim of FAO’s work Amendment of the FAO Constitution: to contribute to ensure humanity‘s freedom from hunger

World Food Summit Interest in food as a human right was renewed around the World Food Summit NGOs had begun to call for a rights-based approach to food security NGOs promoted idea of a Code of Conduct. Idea was not endorsed in the final declaration, but some steps were taken.

World Food Summit 1996 – 2- Rome Declaration on World Food Security: „reaffirm the right of everyone to have access to safe and nutritious food, consistent with the right to adequate food ….“ Plan of Action, Objective 7.4 „invite the UN High Commissioner for Human Rights … to better define the rights... and to propose ways to implement (them) … taking into account the possibility of formulating voluntary guidelines for food security for all“

Between the Summits Three Expert Consultations NGOs drafted a Code of Conduct General Comment No. 12 Special Rapporteur on the Right to Food

We, the Heads of State and Government “invite the FAO Council to establish at its 123rd Session an Intergovernmental Working Group, with the participation of stakeholders, …, to elaborate, in a period of two years, a set of voluntary guidelines to support Member States’ efforts to achieve the progressive realisation of the right to adequate food in the context of national food security” (operative paragraph 10) Declaration of the WFS:fyl

Why Voluntary Guidelines? complement the General Comment No. 12 give guidance on implementation to already duty- bound States specific and general enough enhance ownership and renew self-commitment (General Comment by UN Expert Committee) involve a wide range of stakeholders generate greater understanding of the RtAF and its implementation

Why Voluntary Guidelines? Reason: in may cases implementation lacking, e.g. Constitutional recognition not sufficient, necessary framework law and/or national legislation in line with the RtAF in a number of fields General Comment: FAO‘s legal advisory services (food safety, land tenure, water, irrigation, agriculture...)

Are Voluntary Guidelines Suitable? Outcome of process cannot be foreseen In other fields voluntary instruments were successful (Code of Conduct on Responsible Fisheries, International Code of Conduct on the Distribution and Use of Pesticides) Ideally: Vehicle to bridge the gap between the abstract international obligation and the multifaceted realities at national level

The Intergovernmental Working Group on the Right to Adequate Food Established by FAO Council at its 123rd session as a subsidiary body of the Committee on World Food Security on 29 October 2002 Members:Member States of FAO and of the UN Observers: – relevant International and Regional Institutions – NGOs, if: work related to food security and International in character Members  make decisions Observers  participate fully in debate

The Intergovernmental Working Group on the Right to Adequate Food Bureau: chair and six vice-chairs FAO provides secretariat FAO will assist the IGWG in close collaboration with, in particular, the UNHCHR, the Committee on ESCR, the Special Rapporteur, IFAD and WFP

Calendar: 3 Sessions 1st session: 24. – : proposals for elements Submission until 40 days before: synthesis report Submission until 10 days before: made available 2nd Session: September 2003: continue debate and seek consensus on specific issues 3rd Session: February/March 2004: finalise draft Possibly other specialised, thematic and/or regional consultations or meetings

Information and Contact Information and Call to Stakeholders Requests for Registration and Submissions: Ad Hoc Unit for the IGWG for the Elaboration of a Set of Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security Economic and Social Department, FAO Viale delle Terme di Caracalla Rome, Italy or electronically to