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.

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