E/C/12/1999/5
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19.
Violations of the right to food can occur through the direct action of
States or other entities insufficiently regulated by States. These include:
the formal repeal or suspension of legislation necessary for the continued
enjoyment of the right to food; denial of access to food to particular
individuals or groups, whether the discrimination is based on legislation or
is pro-active; the prevention of access to humanitarian food aid in internal
conflicts or other emergency situations; adoption of legislation or policies
which are manifestly incompatible with pre-existing legal obligations relating
to the right to food; and failure to regulate activities of individuals or
groups so as to prevent them from violating the right to food of others, or
the failure of a State to take into account its international legal
obligations regarding the right to food when entering into agreements with
other States or with international organizations.
20.
While only States are parties to the Covenant and are thus ultimately
accountable for compliance with it, all members of society - individuals,
families, local communities, non-governmental organizations, civil society
organizations, as well as the private business sector - have responsibilities
in the realization of the right to adequate food. The State should provide an
environment that facilitates implementation of these responsibilities. The
private business sector – national and transnational - should pursue its
activities within the framework of a code of conduct conducive to respect of
the right to adequate food, agreed upon jointly with the Government and civil
society.
Implementation at the national level
21.
The most appropriate ways and means of implementing the right to
adequate food will inevitably vary significantly from one State party to
another. Every State will have a margin of discretion in choosing its own
approaches, but the Covenant clearly requires that each State party take
whatever steps are necessary to ensure that everyone is free from hunger and
as soon as possible can enjoy the right to adequate food. This will require
the adoption of a national strategy to ensure food and nutrition security for
all, based on human rights principles that define the objectives, and the
formulation of policies and corresponding benchmarks. It should also identify
the resources available to meet the objectives and the most cost-effective way
of using them.
22.
The strategy should be based on a systematic identification of policy
measures and activities relevant to the situation and context, as derived from
the normative content of the right to adequate food and spelled out in
relation to the levels and nature of State parties’ obligations referred to in
paragraph 15 of the present general comment. This will facilitate
coordination between ministries and regional and local authorities and ensure
that related policies and administrative decisions are in compliance with the
obligations under article 11 of the Covenant.
23.
The formulation and implementation of national strategies for the right
to food requires full compliance with the principles of accountability,