22
THE RIGHTS TO FOOD AND WATER
The obligation to protect implies that states must ensure that individuals and
companies do not deprive people of permanent access to adequate food and safe
drinking water. The government must establish bodies to investigate and provide
effective remedies if rights are violated.
Violations of the obligation to protect occur if the government does not intervene
when a third party – for example, a powerful individual, evicts people from their
land. CESCR has observed that the plight of the indigenous population in Chaco,
Paraguay –- expelled from their traditional land by cattle ranchers or industrial
enterprises – as well as the estimated 200,000 landless mestizo peasant families, raises
concern in this regard.46 The obligation to protect would not be met if the government failed to take appropriate action when a company diminished or polluted a
community’s water supply. Thus states must guarantee security of land tenure and
other productive resources, and guarantee the traditional rights of indigenous
communities regarding their natural resources as against violation by others.
The obligation to fulfil requires that governments take positive steps to ensure
initially the satisfaction of, at the very least, minimum essential levels of the rights to
food and to water.47 The government must take action to identify vulnerable groups
and to adopt and implement a national strategy which has the active participation of
minorities and indigenous communities. The strategy should include appropriate
decentralization which should be achieved through social programmes, safety nets
and international assistance. It should give particular attention to the need to prevent
discrimination in access to food or resources for food, as well as water. The strategy
should therefore include special legislation to protect the land rights of indigenous
peoples and ethnic minorities,48 and guarantee full and equal access to economic
resources, particularly for women.49 The obligation to fulfil the right to water
includes adopting a national water strategy and plan of action to realize this right,
ensuring that water services are affordable for all, and facilitating improved and
sustainable access to water, particularly in rural and deprived urban areas.50
International cooperation
CESCR General Comments 12 and 15 succinctly spell out that state parties should
recognize the essential role of international assistance and cooperation and comply
with their commitment to take joint and separate action to achieve the full realization of the rights to food and water. States are obliged to respect the rights to food
and water of persons living in other states; and they must guarantee that their own
policies do not contribute to violations of the right to adequate food in other
countries 51 or to safe drinking water.52 They have the duty to promote and help other
states (through international assistance and cooperation) to implement the right to
food and water. Notably, international assistance should be provided in a manner
that is culturally appropriate.53