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The Right to Food and Access to Natural Resources

Using Human Rights Arguments and Mechanisms to Improve Resource Access for the Rural Poor












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    Natural resources governance and the right to adequate food
    Right to Food Thematic Study 4
    2014
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    This thematic study explores the links between the right to food and natural resources governance. It covers a range of issues of which access to resources and assets, land, water, and the recommendation to protect ecological sustainability for sustainable management of natural resources are primary. The study reviews a range of international instruments and international developments related to natural resources governance in the ten years since the adoption of the Voluntary Guidelines to suppo rt the progressive realization of the right to adequate food in the context of national food security (Right to Food Guidelines) in which human rights in general and the right to food in particular feature prominently. The study then reviews progress and challenges at the national and global levels, with a specific focus on gender, vulnerable groups, community and family management, and participatory processes. . Examples are given that show national level successes in terms of a variety of app roaches to handling key concerns with respect to land tenure rights, fishing rights of artisanal fishers, forest land allocation to smallholders. Challenges are mentioned and the wider involvement of the private sector is noted. The author points to global level issues such as climate change and large-scale land acquisitions that remain present in the context of development and public policy for promoting food security and the right to adequate food.
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    Integrating the right to adequate food in national food and nutrition security policies and programmes: practical approaches to policy and programme analysis
    Right to food methodological toolbox. Book 6
    2014
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    This volume outlines a simple and practical way to analyse the design and implementation of food and nutrition security (FNS) policies and programmes from a right to food perspective. The right to food approach, as an instrument to help formulate FNS policies and programmes, is emphasized. The primary focus is on national overarching FNS policies. The question of how to assess sector policies that may have direct or indirect impacts on food security and nutrition security is also addressed. Good policies need an enabling implementation environment, which includes evidence-based decisions, adequate financial and human resources and sound governance. These aspects are addressed within the context of the formulation and implementation of FNS policies. Programmes are operational instruments designed to implement policies. FNS policies with strong right to food underpinnings should give rise to action plans and programmes that translate such underpinnings into practice. For this reason, FN S programmes are analysed from a right to food perspective to assess whether are developed and implemented with full respect for right to food principles. The analytical and methodological approaches outlined here can be applied at two different stages: (a) when an FNS policy or programme is being formulated for the first time, or (b) when an existing FNS policy or programme and its impacts and implementation process are being assessed. This reference guide complements existing relevant methodo logical reference guides, such as are found in the Right to Food Methodological Toolbox.
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    Review of the legislative framework and jurisprudence concerning the right to adequate food in Nepal 2014
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    The Review of the legislative framework and jurisprudence concerning the right to adequate food in Nepal discusses overarching aspects of Nepalese law and jurisprudence dealing with the human right to food. Following a brief discussion of the international legal protection of the right to food in Nepal, the review, in particular provides a critical assessment of constitutional as well as legislative provisions and offers a thorough analysis of Supreme Court jurisprudence pertaining to the right to food. In addition to judicial remedy, the review also covers non-judicial means of remedy against the violation of food rights. This review comes at an opportune moment in the sense that Nepal's constitution-making process is yet to be completed and there are also a number of ongoing legislative and policy initiatives towards protection and promotion of the right to food. This review provides detailed knowledge to concerned stakeholders on normative and implementation gaps in relation to the right to adequate food. With the view of assisting Nepal in this process, the review also offers a set of concrete recommendations, touching upon a wide range of aspects of the human right to adequate food. This work was undertaken under the global project entitled "Integrating the Right to Adequate Food and Good Governance in National Policies, Legislation and Institutions” (GCP/GLO/324/NOR Right to Food at Country Level) run by the Right to Food Team of the FAO. The project aims to address c ountry challenges by promoting human rights-based approach in efforts to achieve food security at all levels, in legislation, policy and programme design and formulation, decision and implementation. By producing this analysis, FAO aims to assist the Government of Nepal, the Constituent Assembly, the Judiciary, the National Human Rights Institutions, and civil society organizations in their initiatives towards advancing the human right to adequate food.

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