Questions
FOOD
FOR THOUGHT
This
new approach to dealing with a widespread, historical problem
is of great importance not only for India but also for the
world. This case in India shows that a poor person, or some organization acting on her or his behalf, can sue the local or national government for allowing him and his family to go hungry. This radical change alters our ways of thinking
about people"s relationships to their governments.
- Should
people to be able to sue their government if they are starving?
If they lack food for an extended period? What advantages
and disadvantages lie in having government take the responsibility
for making sure citizens do not starve? Whose responsibility
is it to make sure that we do not let people starve? What
does history show us about governments responding to this
need for food.
- What might this claim for the right to food in India mean for the way India is governed? If one country enforces a right to food, what might that mean for other countries?
- What
does the claim for the human right to food say about
- existing
diplomatic and trade relationships between countries? The
willingness of nations to enforce the Universal Declaration
of Human Rights which they have signed?
- What
implications does the claim for a right to food have
for the United Nations-affiliated agencies such as the World
Food Program, the Food and Agriculture Organization of the
United Nations, the United Nations Children"s Fund,
and the United Nations High Commissioner for Refugees?
What might it mean for the World Bank? The International
Monetary Fund? NAFTA?
- What
implications might a right to food have for nation
states having to acknowledge international responsibilities
as superseding national or local laws? For example, if a
right to food were enforced internationally, and it led
to the transfer of food or money from wealthy nations to
underdeveloped countries, what might it mean for tax rates,
property rights, local laws being superseded, elected officials
lacking power to legislate and enforce the laws of the governments
they are elected to serve?
- At
what point might the right to food lead to some kind of
requirement for regional or global population control or
wealth redistribution?
Research
Questions
The following subsections name specific themes, comment on
them, and then pose some questions. A few relevant readings materials are suggested, but other materials should be
sought as well. The bibliography in the essay on "The Human Right to Food in India" suggests many useful
background pieces. Each of these themes can be used as a basis for research and writing, and also for group discussion.
A. INDIA"S GRAIN DRAIN
(^click to enlarge
)
With
a population of over 800 million, India prides itself
on being the largest democracy in the world. Like many
developing countries, it focuses much of its productive
resources on exports. Many international agencies, such
as the World Bank, urge them to do this as a way of becoming
more fully engaged in the global marketplace. Critics
say that focusing on exports means neglecting needs at
home, but the advocates of the export orientation say
that selling products outside, to those who have the most
money, will strengthen the economy at home, and thus eventually
benefit everyone back home. The patterns of agricultural
production and marketing in India illustrate the dilemma.
QUESTIONS:
An Indian magazine posed a good question:
"Godowns" are warehouses.
Questions
need to be raised not only with respect to grain, and
not only for India. What are the implications of the Indian
grain storage case for the ways in which other food issues
should be handled by the governments in India and other
countries? Should the government of India promote agriculture
production for export or for domestic consumption? Why?
What role should international agencies take with regard
to the patterns of international trade?
SOURCES:
Kent,
George, "Globalization and Food Security in Africa",
African Journal of Food & Nutritional Sciences,
Vol. 1, No. 2 (2001), pp. xx-xx.
Madeley,
John, Hungry for Trade: How the Poor Pay for Free Trade
(New York: Zed Books, 2000).
Pinstrup-Andersen,
Per and Babinard, Julie, "Globalization and Human
Nutrition: Opportunities and Risks for the Poor in Developing
Countries", African Journal of Food & Nutritional
Sciences , Vol. 1, No. 1 ( August 2001), pp. 9-18.
Tully,
Mark, "How Global Reform Failed India"s Poor",
CNN.com/ World. http://asia.cnn.com/2001/WORLD/asiapcf/south/07/28/tully.column/
Shiva,
Vendana, Stolen Harvest: The Hijacking of the Global
Food Supply(Cambridge, Massachusetts: South End Press,
2000).
World
Bank, Globalization, Growth and Poverty: Building
an Inclusive World Economy (Washington, D.C.: World
Bank, 2001).
http://econ.worldbank.org/prr/structured_doc.php?sp=2477&st= &sd=2857
B.
FOUNDATIONS OF HUMAN RIGHTS
In
terms of the law, the human right to adequate food is
a part of the right to an adequate livelihood, which is
a part of economic rights, which is a part of human rights
generally, which is a part of international law. Thus,
to get an appreciation of the context, we need to develop
at least a broad understanding of how human rights work.
The
core idea underlying human rights is simple. There are
some fundamental things that people require if they are
to live in dignity, and therefore they should be recognized
as having rights to those things. These rights are spelled
out in international human rights law. While every individual
and every organization has certain obligations with regard
to the human rights of the people they affect, it is national
governments that carry the primary obligation to assure
that people are able to live in dignity.
QUESTIONS:
What are human rights, and how do they work, both globally
and within particular countries? What difference is there
between a moralistic statement such as "Everyone
should have x", and a legalistic statement such as,
"Everyone has the right to x"?
SOURCES:
Buergenthal,
Thomas, International Human Rights in a Nutshell,
Third Edition (St. Paul, Minnesota: West Publishing
Company, 2000).
Convention
on the Rights of the Child.
http://www.unhchr.ch/html/menu3/b/k2crc.htm
International
Covenant on Civil and Political Rights.
http://www.unhchr.ch/html/menu3/b/a_ccpr.htm
International
Covenant on Economic, Social and Cultural Rights.
http://www.unhchr.ch/html/menu3/b/a_cescr.htm
Office
of the High Commissioner for Human Rights, United Nations,
Human Rights: A Basic Handbook for UN Staff(Geneva:
United Nations Staff College Project, 2001).
http://www.itcilo.it/unscp/programmefocus/hrt/handbook.zip
C. THE
HUMAN RIGHT TO ADEQUATE FOOD AND NUTRITION
Understandings
of the human right to adequate food and nutrition have
been greatly strengthened since the World Food Summit
of 1996 called upon the United Nations High Commissioner
for Human Rights to clarify the meaning of the right and
the means for its implementation. There is still a long
way to go to assure the universal realization of that
right.
QUESTIONS:
What is the human right to adequate food and nutrition,
and what needs to be done to assure its realization? How
can the concepts be applied where you live? How could
new legislation be used to strengthen food rights where
you live?
SOURCES:
Food
and Agriculture Organization of the United Nations. Website
on the Right to Food. www.fao.org/Legal/Rtf/rtfood-e.htm
Robinson,
Mary, The Human Right to Food and Nutrition (Geneva:
High Commissioner for Human Rights, 1999).
http://www.unhchr.ch/huricane/huricane.nsf/ FramePage/Statements?OpenDocument
United
Nations. Economic and Social Council. Committee on Economic,
Social and Cultural Rights. Substantive Issues Arising
in the Implementation of the International Covenant on
Economic, Social and Cultural Rights: General Comment
12 (Twentieth Session, 1999) The Right to Adequate Food
(art. 11) (Geneva: ECOSOC E/C.12/1999/5). http://www.unhchr.ch/tbs/doc.nsf/MasterFrameView/ 3d02758c707031d58025677f003b73b9?Opendocument
United
Nations. General Assembly. Preliminary Report of the
Special Rapporteur of the Commission on Human Rights on
the Right to Food, Jean Ziegler (New York: United
Nations General Assembly A/56/210, 23 July 2001.
http://www.unhchr.ch/huridocda/huridoca.nsf/2848af408d01ec0ac 1256609004e770b/569b727953a8c72bc1256ace0050d7d4? OpenDocument&Highlight=2,ziegler
D. CULTURAL
FOUNDATIONS OF HUMAN RIGHTS
Human
rights are universal, by definition. They reflect a global
consensus, identified through a process of international
discussion, the drafting of proposed international agreements,
and the signing and ratification of these agreements.
However, this consensus emerges from varied roots, in
different cultures, religious beliefs, and moral codes.
The right to food, for example, shows up in some form
in the basic texts of many different religions. The historical
roots of the right to food in India have been analyzed
in R. S. Khare"s study, "The Issue of "Right
to Food" Among the Hindus: Notes and Comments".
QUESTIONS:
How does the historical understanding of the right to
food in India compare with the universal consensus that
is now emerging in the international community? Concretely,
how does the historic Hindu understanding, as described
by Khare, compare with the Committee on Economic, Social
and Cultural Rights authoritative account of the right
to food as described in General Comment 12?
What are the major points of similarity and difference?
Are there points on which they conflict with one another?
SOURCES:
Khare,
R. S., "The Issue of "Right to Food" Among
the Hindus: Notes and Comments", Indian Sociology,
Vol. 32, No. 2 (1998), pp. 253-278.
United
Nations. Economic and Social Council. Committee on Economic,
Social and Cultural Rights. Substantive Issues Arising
in the Implementation of the International Covenant on
Economic, Social and Cultural Rights: General Comment
12 (Twentieth Session, 1999) The Right to Adequate Food
(art. 11) (Geneva: ECOSOC E/C.12/1999/5). www.unhchr.ch/tbs/doc.nsf/MasterFrameView/ 3d02758c707031d58025677f003b73b9?Opendocument
E. INTERNATIONAL
OBLIGATIONS
So
far our discussion has raised questions about the obligations
of the national government, but the grain storage case
in India also implies questions about the obligations
of the international community. These questions can be
framed in at least three different ways: (1) What are
the obligations of other national governments with regard
to the food rights of their own people; (2) What obligations
do individual countries have with regard to the people
of other countries; and (3) What obligations are there
for the international community taken as a whole? Let
us focus here on the third of these.
QUESTIONS:
In the India grain case, the implication is that when
resources are abundant, there is a positive obligation
to provide life-saving assistance to the needy. In the
world taken as a whole, there is abundant wealth. Does
this mean that there should be a positive obligation on
the international community to provide life-saving assistance
to those who are extremely needy? There are several countries
that are now very generous when it comes to international
humanitarian assistance, and several United Nations agencies,
such as the World Food Program, that provide such assistance.
However, that assistance is now voluntary. Should it be
obligatory? If so, how should it be managed?
If
an individual country with surpluses is obligated to feed
its poor, shouldn"t the same apply for the world
as a whole? Should there be such an obligation even if
there are no surpluses in the warehouses, but there is
wealth in other forms that would allow them to provide
assistance?
SOURCES:
There
are many good sources that discuss international humanitarian
assistance, and international food assistance in particular,
but none of them explores the idea that international
assistance should be obligatory. However, the following
essay, published in a highly conservative newsletter a
long time ago, suggests that, at least at some times,
the world as a whole has held agricultural surpluses that
could be seen as analogous to the surpluses held in India.
Rose,
Suzanne, "Food Available, But Not for the Needy",
Executive Intelligence Review, November 27, 1992,
p. 19. http://www.aboutsudan.com/issues/food/food_not_for_needy.htm
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