THE RIGHTS TO FOOD AND WATER
Enforcement mechanisms
Under international law, governments are the primary entity responsible for ensuring
that people’s human rights are met. However, states are encouraged to identify the
roles of, and involve, all relevant stakeholders – individuals, families, communities,
civil society groups, the private sector and international, regional and UN organizations, NGOs, parliamentarians, academic institutions and foundations – drawing
together their know-how and facilitating efficient use of resources.54 While the most
appropriate ways and means of implementing the right to food may vary from one
state to another, and thus states have discretion in choosing their approach, CESCR
in its General Comment No.12 emphasizes the adoption of a regulatory framework
of law, and a national strategy to ensure food and nutrition for all. The formulation
and implementation of national strategies require full compliance with the principles
of accountability, transparency, people’s participation, decentralization, legislative
capacity and independence of the judiciary.55
At the regional level, minority and indigenous peoples’ rights in relation to
adequate food and water, can be considered under a number of regional instruments,
notably the Inter-American Court on Human Rights (IACtHR) and the InterAmerican Commission on Human Rights (IACHR) and the ACHPR.56 A case
brought to the Inter-American Commission on behalf of the indigenous Huaorani
people living in the Oriente region in Ecuador, alleged that oil exploitation activities
by the government’s own oil company contaminated the water they used for drinking
and cooking, and the earth in which they cultivate their food. Following a report
issued by the Center for Economic and Social Rights, the Inter-American
Commission conducted a country visit to Ecuador in November 1994, and in its
final report stated that oil activities in Ecuador were not sufficiently regulated to
protect indigenous peoples.57
At the national level, important enforcement mechanisms include the legislature,
administrative bodies and the judiciary. National Human Rights Commissions,
ombudspersons and civil society organizations can also contribute significantly to
monitoring activities.58 International NGOs can often be effective partners to
domestic activists publicizing breaches and intervening in cases of alleged violations.
Some notable international organizations and agencies include the NGO Foodfirst
International and Action Network (FIAN), the UN Food and Agriculture
Organization, the UN World Health Organization (WHO) and the World Food
Programme (WFP).
Guidelines for successful advocacy
Advocacy efforts should adopt a two-pronged approach, addressing policy-makers
on the one hand and disenfranchised populations on the other. Publicizing issues
23