A/HRC/10/5
page 6
Organization of the United Nations (FAO) Voluntary Guidelines to support the progressive
realization of the right to adequate food in the context of national food security (“FAO
Guidelines”),13 and in the 2008 Doha Declaration on Financing for Development,14 developed
countries have mostly failed15 to meet the targets for ODA of 0.7 per cent of GDP to developing
countries and 0.15 per cent to 0.2 per cent of GDP to least developed countries.
8.
The Charter of the United Nations imposes in general terms an obligation on all its
Members to “take joint and separate action in cooperation with the Organization”, inter alia, for
the achievement of human rights (see Arts. 55 and 56). Neither the International Covenant on
Economic, Social and Cultural Rights, nor other human rights instruments, define precise levels
at which States should provide aid.16 That, however, is not equivalent to saying that there is no
such obligation; it is to say, rather, that this obligation is still “imperfect”, in need of being
further clarified.17 According to the Committee on Economic, Social and Cultural Rights, “States
parties [to the Covenant] should take steps to respect the enjoyment of the right to food in other
countries, to protect that right, to facilitate access to food and to provide the necessary aid when
required”.18 In the general comment it devoted in 2000 to the right to the highest attainable
standard of health, the Committee similarly noted that “Depending on the availability of
resources, States [in particular States in a position to assist developing countries in fulfilling their
core and other obligations under the Covenant] should facilitate access to essential health
facilities, goods and services in other countries, wherever possible and provide the necessary aid
when required.”19A consensus seems to emerge, at a minimum, on three requirements.
9.
First, the Covenant imposes an obligation on all States parties to “move as expeditiously
and effectively as possible” towards the full realization of all human rights, including the right to
adequate food. Moreover, “any deliberately retrogressive measures in that regard would require
the most careful consideration and would need to be fully justified by reference to the totality of
the rights provided for in the Covenant and in the context of the full use of the maximum
13
Chap. III, para. 12; the Voluntary Guidelines were adopted on 23 November 2004 by
the 187 countries represented in the General Council of the FAO.
14
A/CONF.212/L.1/Rev.1, para. 43.
15
Five countries exceeded the United Nations target of 0.7 per cent of GDP: Denmark,
Luxembourg, the Netherlands, Norway and Sweden.
16
However, some authors note that the repeated commitments of developed States to provide
certain levels of assistance, particularly to reach the Millennium Development Goals, might in
time crystallize into customary international law.
17
A. Sen, “Human rights and development”, in B. Andreassen and St. Marks, Development as a
Human Right, Harvard University Press, Cambridge, 2006, chap. 2.
18
E/C.12/1999/5, para. 36.
19
E/C.12/2000/4, para. 39.