26 THE RIGHTS TO FOOD AND WATER been upheld in decisions. For example, the Supreme Court of Canada in the following cases: R v. Adams, [1996] 3 SCR 101; R v. Cote, (1996) DLR (4th) 385 (Can SC); and R v. Nikal, (1996) 133 DLR (4th) 658 (Can SC). 15 Gadi, M., Naeem I. and Wasim W., Unheard Indigenous Voices: the Kihals of Pakistan, 16 Markakis, J., Pastoralism on the Margin, Minority Rights Group International, (2004). Minority Rights Group International and SUNGI Development Foundation, (2003). 17 Indigenous Peoples’ Consultation on the Right to Food: A Global Consultation, Atitlán, Sololá, Guatemala, 17–19 April 2002, available at: www.tebtebba.org/tebtebba_files/ susdev/susdev/atitlan.html. The Declaration’s preamble underscores that: ‘the denial of the right to food for indigenous peoples not only denies us our physical survival, but also denies us our social organization, our cultures, traditions, languages, spirituality, sovereignty, and total identity; it is denial of our collective indigenous existence.’ 18 See for example, Ohenjo, N., Kenya’s Castaways: The Ogiek and National Development Processes, Minority Rights Group International and Centre for Minority Rights Development, 2003. 19 Recently, the CBD Ad Hoc Open-ended Intersessional Working Group on Article 8(j) and related provisions, adopted the draft Akwé: Kon Voluntary Guidelines for the Conduct of Cultural, Environmental and Social Impact Assessment Regarding Developments proposed to take place on, or which are likely to impact on, Sacred Lands and Waters Traditionally Occupied or Used by Indigenous and Local Communities. See Multistakeholder Dialogue Segment of the Second Preparatory Session, Note by the Secretary-General, Add. 3: Dialogue paper by indigenous peoples, 28 January–8 February 2002, UN doc. E/CN.17/2002/PC.2/6/Add.3, paras 42–8. 20 Note also, Art.2 of the Convention on Prevention and Punishment of the Crime of Genocide, 1948; and Art.20 and 23 of Convention relating to the Status of Refugees, 1951; and Art.54 of the Additional Protocol to the Geneva Conventions of 1949, relating to the Protection of Victims of International and Non-International Armed Conflicts, 1977 (Protocol II). 21 For a detailed list of international declarations and resolutions on the right to food, see Extracts from International and Regional Instruments and Declarations, and Other Authoritative Texts Addressing the Right to Food, FAO Legislative Study, Legal Office FAO, Rome, 1999. Available at: www.fao.org/legal/Right to Food/legst68.pdf. 22 The UN Millennium Declaration, UN doc. A/Res/55/2. The heads of states and governments pledged to ‘eradicate extreme poverty and hunger’ as one of the eight Millennium Development Goals, para. 19 of the Millennium Declaration. 23 World Food Summit, FAO Headquarters, Rome, 10–13 June 2002. Available at: 24 FAO Newsroom, ‘Committee on world food security adopts right to food guidelines’, www.fao.org/DOCREP/MEETING/004/Y6948E.HTM available at: www.fao.org. The guidelines, although not legally binding, provide national governments with a roadmap and a practical guide for incorporating the right to food