THE RIGHTS TO FOOD AND WATER
(DITSHWANELO) to facilitate on-going dialogue with the government. They have
lodged formal complaints in domestic courts. In August 2002, DITSHWANELO
presented a shadow report at the 61st session of the Committee on the Elimination
of Racial Discrimination (CERD); and many statements have been presented at
repeated sessions of the African Commission on Human and Peoples’ Rights. They
have facilitated human rights training sessions for the Basarwa that they might better
know their rights, and some members have also sought international attention
through the media.
The High Court case is still pending and the government has not revoked its
decision to terminate essential services. However, the multi-pronged approach of
the San has resulted in effective mobilization and internationalization of their human
rights concerns and has made continued, high-level negotiations possible.
Notes
1
CESCR General Comment No.12 on the Right to Food, UN doc. E/C.12/1999/5, para. 4;
2
The Right to Food, Report of the Special Rapporteur, UN doc. E/CN.4/2003/54.
3
Food security exists when all people, at all times, have physical, social and economic access
General Comment No.15 on the Right to Water, E/C.12/2002/11, para.1.
to sufficient, safe and nutritious food (World Food Summit Plan of Action, para. 1). Also, see
Report of the Special Rapporteur on the Right to Food, UN doc. E/CN.4/2001/53, para. 15.
4
Possible Ways and Means of Facilitating the Peaceful and Constructive Solution of
Problems Involving Minorities, report submitted by Eide, A. to Commission on Human
Rights, UN doc. E/CN.4/Sub.2/1993/34, pp. 32–5.
5
Special Rapporteur’s report 2001, op. cit., para. 14.
6
Eide, A., The Right to Adequate Food and to be Free from Hunger, updated study on the
right to food, UN doc. E/CN.4/Sub.2/1999/12, para. 44.
7
CESCR General Comment No.12, op. cit., paras 7, 12-13; CESCR General Comment No.
8
CESCR General Comment No.12, op. cit., paras 11-12; Special Rapporteur’s report 2003,
15, op. cit., para. 7.
op. cit., para. 24.
9
CESCR General Comment No.12, op. cit., para. 13.
10
Eide, A., The Right to Adequate Food, op. cit., para. 54.
11
CESCR General Comment No.12, op. cit., para. 11
12
HRC General Comment No.6, 1982, UN doc. HRI\GEN\1\Rev.7, 2004, para 5,
13
The HRC observed that, ‘culture manifests itself in many forms, including a particular
way of life associated with the use of land resources…That right may include such
traditional activities as fishing and hunting’, General Comment No.23 (Art. 27), UN doc.
CCPR/C/21/Rev.1/Add.5, 1994, para. 7.
14
At the national level, an aboriginal right to fish for food, as a part of their custom, has
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