ON THE
VOLUNTARY GUIDELINES TO SUPPORT
THE PROGRESSIVE REALIZATION OF THE
RIGHT TO ADEQUATE FOOD IN THE
CONTEXT OF NATIONAL FOOD SECURITY
INTRODUCTION
RIGHT TO FOOD AS A HUMAN RIGHT
The right to food is a human right, protected under international human rights and humanitarian laws. Relevant international instruments include the following:
Article 25, Universal Declaration of Human Rights
1. Everyone has the right to standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 11, International Covenant on Economic, Social and Cultural Rights
1. The State Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The State Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent.
2. The State Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international cooperation, the measures, including specific programmes, which are needed:
(a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;
(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.
Article 14, Convention on the Elimination of All Forms of Discrimination Against Women
2. State Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right;
x x x
(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.
Article 27, Convention on the Rights of the Child
3. State Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.International Humanitarian Law
Part IV - Civilian Population
Article 14 - Protection of objects indispensable to the survival of the civilian population
Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, remove or render useless, for that purpose, objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works.
Part II - Humane Treatment
Article 5 - Persons whose liberty has been restricted
1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard to persons deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained;
(a) the wounded and the sick shall be treated in accordance with Article 7;
(b) the persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the rigours of the climate and the dangers of armed conflict;
Additionally, General Comment No. 12 and General Comment No. 15 offer precise legal interpretation describing the normative content and the respective state obligations under the right to adequate food and water, respectively.
SPECIAL RAPPORTEUR ON THE RIGHT TO FOOD REPORT
However, as the Special Rapporteur on the right to food has reported, despite the numerous commitments of Governments to eradicate malnutrition, widespread hunger and malnutrition persist throughout the world, as do violations of the right to food. The Food and Agricultural Organization of the United Nation (FAO) shows that progress in reducing world hunger has virtually come to a halt. In fact, data from 1998 to 2000 estimate that the number of undernourished people around the world increased to 840 million. Promises made by Government at the World Food Summit in 1996 to halve the number of victims of undernourishment are not being met. Few countries have been able to report progress. It is still a tragedy that every seven seconds a child under the age of 10 dies directly or indirectly of hunger somewhere in the world and more than two (2) billion people worldwide suffer from "hidden hunger", or micronutrient malnutrition. Children and adults are left mentally and physically stunted, deferred or blind, condemning them to marginal existence. Hunger repeats itself through the generations, as undernourished mothers give birth to children who will never fully develop, condemning whole countries to underdevelopment. All this in a world which, according to FAO, already produces more than enough to food to feed its population. (February 2004 Report submitted by Jean Ziegler, in accordance with CHR Resolution 2003/25).
COMMENTS AND OBSERVATIONS
The Commission on Human Rights of the Philippines, under this existing environment with its corresponding implications, lends reference to the objective of the Voluntary Guidelines which is to support Member States' efforts to achieve the progressive realization of the right to adequate food in the context of national security in the following observations;
FIRST. In so far as the use of permissive language, the voluntary guidelines may speak well in instances where rights are derogable. But the right to food of individual is a mandatory obligation of Member States and "is indivisibly linked to the inherent dignity of the human person and is indispensable for the fulfillment of other human rights x x x. It is also inseparable from social justice, requiring the adoption of appropriate economic, environmental and social policies, at both the national and international levels, oriented to the eradication of poverty and the fulfillment of all human rights for all. (Committee of Economic, Social and Cultural Rights, 12-05-99,E/C.12/1999/5, ECSCR General Comment 12)."
SECOND. International standards set the rules for the progressive realization of human rights. Institutionalizing optional implementation, through the voluntary guidelines, of the international human rights standards is prejudicial to the right against discrimination, especially the right of women and children.
THIRD. In essence, the adoption of the rights based approach as a strategy empowers Member States to integrate human rights perspective in resource management for the
progressive realization of the right to adequate food. The Voluntary Guidelines should not be a contradiction to the rights based approach (RBA) framework in governance by making it optional.
FOURTH. The principles involved in the justiciability of human rights are necessary in sustaining the obligations of Member States to promote, protect and fulfill human rights. Under international legal structure, it is not within Member States prerogative to express its full support to making justiciability optional.
FIFTH. It is imperative, therefore, that Member States need to strengthen its monitoring function in the implementation of the right to food, instead of submitting to the guidelines, voluntary in character and relieving themselves of much indispensable authority.
CONCLUSION AND RECOMMENDATION
It is quite clear that this Voluntary guideline is not the solution for world hunger and malnutrition. The present condition of hunger and malnutrition as reported by the Special Rapporteur persisted and has in fact, worsened despite the existence of more than sufficient international human rights instruments creating upon states legally binding obligations to protect and promote the right to food. A document derogating states obligations therefore cannot but worsen only present conditions. It will serve as a tool for abdication of state obligations, further breeding the culture of impunity in the process.
While no doubt that an additional new legal instrument may be useful if it will serve as a present guideline for the implementation of the right to adequate food, the instrument subject of the present discussion does not meet said criteria. The purpose is laudable but the provisions of the Voluntary Guidelines fail to meet its objective.
If at all, it should only be made to apply to non-state parties.
The foregoing considered, the Commission objects and finds the voluntary guidelines unacceptable as guide by State Parties on the implementation of the right to food.
Accordingly, let copies of this position paper be furnished the Department of Foreign Affairs (DFA); Department of Agriculture (DA); Office of the President (OP); and Local Government Units (LGUs) for their information and guidance in complying with treaty obligations
Quezon City , 2 June 2004
ON
HOUSE BILL NO. 224
"An Act Strengthening the Constitutional Right to Security of Tenure "
(Introduced by Representative Juan Miguel Zubiri)
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1. It is the position of the Commission on Human Rights to fully support the early passage of this Bill for the following reasons;
a. This act will further attest to the Philippines faithful adherence to international labor standards, particularly Article 23 of the Universal Declaration of Human Rights.
b. It will add impetus and meaning for the realization of the constitutional guarantee to security of tenure.
c. And consequently, creates an atmosphere of economic stability in every family whose subsistence depends largely on either one of the parents or sometimes on the children's employment.
2. Under the last paragraph of Article 106, the use of the conjunctive word AND is a welcome change for it narrowed down the parameters by which the employer passes on the liability of paying the workers to the intermediary, who might happen to be insolvent to whom he has a contract of performing his work by saying that the intermediary is an independent contractor and not merely engaged in "labor-only" contracting because the intermediary has substantial capital or if he has none, he has substantial investment in the forms of tools, equipment, machinery, work premises among others.
Likewise, for the same reason earlier stated, we are in accord with the incorporation of additional circumstance which is considered as act indicative of "labor-only" contracting thereby expanding the areas where the employer and the intermediary (contractor) can be jointly and severally liable. Thus said Article 106 now read among others,
"where the principal employer has the right of control over means by which the purported agency or contractual employee performs the activities, notwithstanding the fact that the agency or contractor has substantial capita and/or investment in the form of tools, equipment, machinery's, works premises among others."
In such cases, the person or intermediary shall be considered merely an agent of the employer who shall be responsible to the workers in the same manner and extent as if the latter were directly employed by SUCH PRINCIPAL EMPLOYER.
Again we fully agree with the change from xxx directly employed by him to directly employed by SUCH PRINCIPAL EMPLOYER xxx. The idea is to eliminate to any ambiguity that may arise by the use of the word "him" .
3. We favor the insertion of the provision in the penultimate paragraph and in the last paragraph of Article 106. The former establishes a presumption, and therefore liability attaches to the principal employer as if the workers of the subcontractor were directly employed by principal employer unless otherwise controverted. As to the latter, the imposition of higher amount of indemnification will deter scheming principal employer from violating or circumventing the provisions in this Article.
4. The introduction of the new provisions stated in the second paragraph of Section 3 of the proposed Bill is a welcome development in the field of labor. For long time seasonal and project employees always find themselves at a very disadvantageous situation or at a losing end. Employers motivated by personal gain, capitalized on their being seasonal and project employees and terminate their employment at will or when they saw it fit just to avoid payment of benefit that is due them by reasons of their continued employment. Now, employers cannot take advantage of this situation nor exploit these class of workers.
The same situation is obtaining with respect to casual employees. They are also the most exploited kind of workers. Employers terminate them before their casual employment end or after their casual employment so that their employer will not be obliged to pay the regular benefits should their employment is continued. Thus, this section on casual employment will put an end to the exploitation of casual employees.
5. Again, we favor the insertion of the provisions contained in the 5 th paragraph of Section 3 of the proposed bill. This provision will curtail the practice of unscrupulous employer of terminating the regular employment where a term or condition has been included in the contract of employment. Example is an employment that the continuity of work shall depend on the regular supply of raw materials. Employers terminate the employees even when this condition does not happen. The only exception to this rule that in case regular employment shall be subject to a term is provided in the two instances mentioned therein.
6. We are in accord for following term employment for Overseas Filipino Workers. There is more advantage in allowing this kind of employment. For instance, term employment shall benefit OFW's who find their work unbearable or those whose employers are oppressive, or where the natures of their job place their limbs in danger or their health in peril.
Moreover, the employees who are considered regular regardless of the oral written agreement to the contrary shall be considered part of the collective bargaining unit and may exercise the right to self-organization and collective bargaining. Hence, we fully agree that this provision shall be inserted.
We, however note that the right to self-organization and collective bargaining is already covered by Article 243 of the Labor Code because said article states that "all persons employed in commercial, industrial and agricultural enterprises... without any qualification shall have the right to self-organization and form, join, or assist labor organization of their own choosing for purposes of collective bargaining."
Notwithstanding this, we believe the insertion of paragraph seven (7) in Article 280 is material, since their membership in a labor organization is assured even against a discriminating labor organization which shall justify their refusal because of the nature of the employment of the employees applying for membership.
Accordingly, the last paragraph of Section 3 of the Proposed Bill should include penalties for violation of the right to self-organization by the labor union because Article 246 of the Labor Code does not cover labor organization.
Lastly, the inclusion of paragraph (j) in Article 248 in the Labor Code as another unfair labor practice of employees is a welcome development.
Quezon City , September 22, 2003
ON
HOUSE BILL NO. 3467
entitled
"An Act Authorizing the Commission on Human Rights to Document Reports of Personal Injury, Detention, Death, Torture, Suffering, Captivity, Imprisonment, Rape, other Atrocities and Human Rights Violations Committed by the Japanese Military Forces Against the Filipinos During the World War from
December 7, 1941 to September 1945"
(Introduced by Rep. Romeo D.C. Candazo)
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House Bill No. 3467, if enacted into law, addresses the mandate of the Commission on Human Rights of "investigating on its own or complaint of any party, all forms of human rights violations involving civil and political rights" (par. 1, Section 18 Article XIII, 1987 Philippine Constitution). This is in keeping with the concern of the global community of promoting universal respect for, and observance of, human rights and fundamental freedoms.
The claim-in-issue although imprescriptible under international humanitarian principles is non-adversarial in character. It will therefore need a high level of diplomacy. It is in this respect that the Commission on Human Rights expects full cooperation from the claimants and the Department of Foreign Affairs.
It is however observed that section 3 of the bill charges the amount necessary for its implementation to the appropriation for the Commission on Human Rights under the current general appropriations act. Considering the meager budget of the Commission for support to operation, the same faces serious constraint. It is recommended, if this project has to succeed, that additional budget and/or additional appropriation for this undertaking be appropriated. By authority of the Congress, the funds appropriated for disappearances under the Families of Victims of Involuntary Disappearances (FIND) may be utilized in the investigation and documentation.
Subject to the above stated observation, the Commission on Human Rights welcomes House Bill No. 3467and strongly supports for its immediate passage into law.
Quezon City , 8 February 1999
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