Realization. Adequate Food and the Brazilian Experience: Inputs for Replicability. of the Human Right to. Flavio Luiz Schieck Valente Nathalie Beghin

Transcription

1 Realization of the Human Right to Adequate Food and the Brazilian Experience: Inputs for Replicability Flavio Luiz Schieck Valente Nathalie Beghin Brasilia, September 2006

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3 Realization of the Human Right to Adequate Food and the Brazilian Experience: Inputs for Replicability Flavio Luiz Schieck Valente Nathalie Beghin Translation: Hilda Maria Lemos Pantoja Coelho Brasilia, September 2006

4 Edit and text review: Maysa Provedello The designations employed and the presentation of the material in this information product do not imply the expression of any opinion whatsoever on the part of Agriculture Organization of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. All rights reserved. Reproduction and dissemination of material in this information product for educational or other non-commercial purposes are authorized without any prior written permission from the copyright holders provided the source is fully acknowledged. Reproduction of material in this information product for resale or other commercial purposes is prohibited without written permission of the copyright holders. Chief Publishing Management Service Information Division FAO Vialle delle Terme di Caracalla, Roma, Itália Copyright 2006 FAO

5 Sumary I - Foreword 3 II - Introduction Contextualizing the Brazilian experience 4 1. The present situation 4 2. A brief report of recent history 6 3. A Consensus on the concepts: the relevance of the HRtAF and of the Rights-based Approach 10 III - Federal Government initiatives The National Council of Food and Nutritional Security The Zero Hunger Program Monitoring the Food and Nutritional Situation in Brazil 23 IV - Actions and monitoring by collegiate and recourse forums The Standing Commission on the Human The National Commission for Monitoring HRtAF Violations The Working Group Indicators and Monitoring of Food and Nutrition Security The Public Ministry 34 V - The vitality of Organized Civil Society The National Rapporteur on Human Rights to Food, Water and Rural Land The Brazilian Forum on Food and Nutritional Security (FBSAN) 40

6 3. The National Committee for the Implementation of the Human Right to Adequate Food (COMIDhA) The Brazilian Action for Nutrition and Human Rights (Abrandh) 44 VI - Final considerations 48 Concepts, Glossary and Bibliographic References 53

7 Foreword i In the early 1980s Brazilian society started a process of debate, concept definition, mobilization, and implementation of Food and Nutritional Security (FNS) policies and measures that were conducive to the realization of the Human Right to Adequate Food (HRtAF). In the course of over twenty years of history the country has succeeded, through creativity and multisectoral actions, in gradually including the topic on the national public agenda. Although the State has not yet fulfilled all the dimensions and principles of the HRtAF, unquestionable advances have been made. In view of the encouraging results achieved, the Food and Agriculture Organization of the United Nations (FAO) believes that the best way to spread the Human Right to Adequate Food is by disseminating the Brazilian experience. This paper sets out to explore the actions implemented, the tools and methods developed, as well as lessons learned to date. The material is intended to be used as an instrument of replicability for practitioners linked to UN agencies, public managers, representatives of social movements and nongovernmental organizations, as well as academics from countries interested in promoting the implementation of HRtAF practices in their locations or fields of action.

8 Introduction Contextualizing the Brazilian experience ii 1. The present situation Brazil has a population of 180 million. It is currently the world s 11th economy, with a per capita GDP slightly over $4,000. Nonetheless, it faces the unacceptable drama of poverty and social injustice. It is the eighth most unequal country on the planet after nations such as Namibia, Lesotho, Sierra Leone, Swaziland and Guatemala 1. The income gap between the rich and the poor is one of the main hindrances to poverty reduction. Notwithstanding the significant improvements made in recent times, the number of poor in Brazil is estimated at 53 million - a little less than one-third (30.1%) of the country s overall population, according to Institute of Applied Economic Research (IPEA). The poverty phenomenon is aggravated when associated to that of income inequality: as a perverse asymmetry, the richest 1% of the population concentrates about 13% of the overall household income, a percentage that is similar to that of the poorest 50%, which is 14%. This means that only 1.8 million people concentrate the same income proportion as the 80 million Brazilians at the base of the social pyramid. Still according to IPEA, in 2004 the income of the richest was, on the average, 45 times that of the poorest. Inequality is one of the foundations of Brazilian society: it results from an exclusionary socioeconomic model that has been in place since the beginning of the colonization process in the 16th century. It is found in all venues of social life, between whites and blacks, men and women, rural and urban areas and among regions. 1 UN see : idhrw.shtml

9 As a result of that, the country faces extremely serious food and nutritional problems. The painful contrast between the two Brazils the developed Brazil and the underdeveloped Brazil translates into a complex and mixed food and nutrition issue. On the one side, the inability to access food and productive resources to produce or purchase it (according to data from the Brazilian Institute of Geography and Statistics (IBGE) 2, half of Brazilians have problems to secure adequate food for themselves). On the other, nutritionally imbalanced and poor quality meals result in overweight. Nearly 40 million adults are currently overweight; of these, 10 million are obese and come, in their majority, from families with food and nutritional needs. This alarming picture, which results mainly from the association of a sedentary lifestyle with a diet rich in sugar, fat and salt and poor in cereals, fruit and vegetables is compounded by a history of malnutrition during the first years of life. The high prevalence of overweight and obesity contributes to more people dying from cardiovascular diseases, diabetes, and cancer, among other non-transmissible chronic diseases. At the same time, food and nutrition surveys and evaluations carried out in the past three years that allow for data disaggregating by ethnicity/race point to a situation of serious food and nutritional insecurity among blacks and indigenous peoples - another dimension of the violation of the human right to adequate food. It is therefore clear that food and nutritional insecurity and the violation of the Human Right to Adequate Food are still high on the Brazilian political agenda. It is worth emphasizing, however, that significant advances have been made in the past 20 years, to a great extent as a result of the mobilization of organized civil society. 2 IBGE. Household Budget Survey (POF), About 72 million Brazilians live in a state of food insecurity - i.e., have their Right to Adequate Food violated - and of these 14 million live in a state of extreme food insecurity. In other words, they starve or experience the nightmare of hunger on a daily basis. 5

10 2. A brief report of recent history In 1986 an important step was taken during the First National Conference on Food and Nutrition, as part of the process of drafting the new Constitution. On the occasion, civil society organizations and government representatives approved, among other things, the proposal to create the National Food and Nutritional Security System (SISAN), to be coordinated by a National Food and Nutrition Council. Although this recommendation never materialized, the Conference had the great merit of bringing the issue to public awareness was essential: after 20 years of military dictatorship Brazilians approved the new Constitution, restoring democracy and the Rule of Law. This Charter was the result of an intensive discussion and social mobilization process, which led to the incorporation of a strong component involving environmental, cultural, economic, and social rights into the Constitution. Another important achievement was the institutionalization of plural fora such as conferences and councils, through which participatory democracy is exercised. Governmental and non-governmental representatives meet in these fora to develop, follow-up and execute public policies. For example in 2006 the Federal Government had a little more than 30 National Councils in place, in different areas such as health, welfare, social security, employment and income, cities, racial equality, gender, agrarian development, education, and culture. Moreover, between 2003 e 2006 some 40 National Conferences were held on those same areas which mobilized over two million people all over the country. As for the food and nutrition issue, another step was taken in 1993 and 1994: in view of widespread social mobilization, the Federal Government established a participatory experience, which translated into several instruments such as: Preparation, by the Institute of Applied Economic Research (IPEA), of the Hunger Map, which showed the

11 country the sheer size of the hunger problem in Brazil: 32 million people living in extreme poverty conditions. Drafting of the Plan Against Hunger and Extreme Poverty as a concerted set of government action commitments underpinned by three major principles: partnership, solidarity, and decentralization Establishment of the National Council of Food and Nutritional Security (CONSEA), whose role of consultation, advisory and indication of priorities to the President of the Republic should be played in partnership with State ministers and representatives of different sectors of civil society. Organization, in 1994, of the First National Food Security Conference (I CNSA), which brought together thousands of participants amongst representatives of the different government levels and civil society organizations to discuss the guidelines for a National Food and Nutrition Security Policy. This ground-breaking experience resulted essentially from a broadly based social movement self-entitled Citizenship Action against Hunger and Extreme Poverty and for Life, which brought the discussion of hunger issues into the limelight in the country, in addition to involving the grass roots in the debate about the promotion of Economic, Social and Cultural Human Rights (ESC-Rights), among them the HRtAF. The Fernando Henrique Cardoso administration, which took power in 1995, abandoned most of those initiatives, as it clearly prioritized the implementation of the GATT Uruguay Round and measures to reduce the size of the State, which were provided for in the structural adjustment agreement signed between Brazil and international financial organizations. It is worth mentioning, however, that relevant facts have taken place since then which heated up the debate around the topic in both the State and society, among which are: 7

12 Brazil s participation in the World Food Summit (WFS) promoted by FAO and held in Rome, Italy, in In a ground-breaking experience, civil society organizations were called in to participate in the preparation of the Brazilian Government official document, leading to the incorporation of the HRtAF therein. Creation, in 1996, of the Human Rights Secretariat, which coordinated the preparation of the first and second National Human Rights Plans (PNDH in its Portuguese acronym). It is worth mentioning that economic, social and cultural human rights were integrated into the second PNDH in Approval in 1999, within the Ministry of Health, of the National Food and Nutritional Policy, which included the HRtAF as a guiding principle. As of 2003, hunger became a Federal Government priority again. The newly elected President Luiz Inácio Lula da Silva introduced the Zero Hunger (Fome Zero) Program, which brought together several governmental and non- What has CONSEA s first experience taught us? CONSEA s experience lasted two years (1993 and 1994) and according to an IPEA evaluation, the advances made were not negligible, as they enabled: a) politicizing the hunger problem; b) mobilizing civil society in a way that has few precedents in recent history; c) increasing citizenry participation in designing and controlling public policies; d) setting a ground-breaking forum for discussing social exclusion. Nonetheless, difficulties were not few and certainly contributed to discontinuing the experience. Still according to IPEA, the main roadblocks to this partnership were related to: a) ambiguity and lack

13 of definition of CONSEA s role; b) poor organization of its operating structure; c) unclear allocation of partners responsibilities; d) concentration of efforts in compensatory activities: civil society mobilization and CONSEA s influence in government actions were not taken advantage of in developing public policies capable of producing structural changes geared to reduce the need for compensatory policies; e) absence of a political project on the part of civil society organizations: the success factor of the State/society partnership in combating hunger and social exclusion is linked to the ability of Civil Society movements to replace their current local and community responses with broader based projects that can be seen as alternatives for social organization (Peliano, 1994: 57). IPEA completed its analysis by making a series of recommendations for the success of the partnership based on four preconditions, namely: (i) partners representativeness-legitimacy; (ii) participation method; (iii) control over the State s action; and (iv) partners autonomy. So, from this standpoint IPEA recommended: Ensuring heterogeneity in the selection of civil society partners, so as to reflect as much as possible the diversity and complexity of society (persons clearly committed to combating poverty and hunger and to promoting citizenship; civil entities notoriously committed to combating hunger and extreme poverty in their programs). Clearly defining the role of each partner with specific responsibilities that can be publicly monitored while respecting their autonomy. Holding counselors (both governmental and non-governmental) accountable for their actions in office. Promoting the transparency of actions. Implementing an inclusive economic, social and political project. 9

14 governmental initiatives aimed at promoting the Human Right to Adequate Food 3. Still in 2003, the National Council of Food and Nutritional Security (CONSEA) was reestablished with the primary responsibility of advising the President of the Republic on right to food related issues. On that same year the government created the Special Secretariat for Human Rights (SEDH), with the status of Ministry. SEDH, in turn, set up the National Commission for Monitoring HRtAF violations. Over 2,000 participants gathered at the Second National Conference on Food and Nutritional Security (II CNSA) in 2004, for the purpose of drafting the guidelines on a National Policy for the sector. Another meaningful step was taken when the President of the Republic sanctioned Federal Law N. 11,346 on Food and Nutritional Security (LOSAN) on September 15, This new legal framework, which represented one of the main deliberations of the Second National Conference on Food and Nutritional Security resulted from a wide-ranging participation and discussion process with all sectors of society. 3. A Consensus on the concepts: the relevance of the HRtAF and of the Rights-based Approach As a consequence of both the aforementioned measures and the strength of civil society organizations, as it will be seen later in this paper, the concepts of Food and Nutritional Security and Human Right to Adequate Food as well as their interrelatedness have been gradually recognized in Brazil. According to the documents of the Second Conference 4 and to the Food and Nutritional Security Law: 3 Just to give an idea of the Program s magnitude, Master Budget funds allocated to it increased from R$5.7 billion in 2003 to R$12.3 billion in

15 Food and Nutritional Security is the realization of the right of all to have regular and permanent access to quality foods in sufficient quantity, without compromising access to other essential needs, based on eating habits that promote health, respect cultural diversity and that are socially, economically and environmentally sustainable. The human right to adequate food is realized when every man, woman and child, alone or in community with others, have physical and economic access at all times to adequate food or means for its procurement. It is important to point out that the concept of adequate refers to calories, proteins and other nutrients, but also to social, economic, cultural, climatic, and ecological conditions among others. Moreover, as provided for in the Food and Nutritional Security Law: adequate food is a fundamental right of the human being, inherent in the dignity of the human person and indispensable for the realization of the rights provided for in the Federal Constitution. The State has the duty to implement the policies and actions necessary to promote and ensure the food and nutritional security of the population. But how could the realization of the HRtAF contribute to the fight against hunger and malnutrition and to the guarantee of adequate food to all? What is new about this approach? These are some of the questions that emerge whenever the proposal to promote the HRtAF is brought before governments, international agencies, civil society organizations, and even to communities. As part of the answer to these questions, it is important 4 CONSEA. Second National Conference on Food and Nutritional Security, March 17 20, 2004, Pernambuco/Olinda Convention Center. 11

16 to emphasize that the HRtAF is directly linked to the following principles: All people in the country have the right to adequate food; The State has the legal duty to develop hunger and malnutrition eradication strategies that are publicly discussed and whose targets, time frames and evaluation indicators are known to all; Every individual has the right to claim from the State measures that ensure the necessary conditions for procuring adequate food and, in this regard, The State must fulfill its duty to establish and ensure the appropriate operation of public mechanisms of promotion, monitoring and claim that can be easily accessed by the population at large. The Human Rights perspective allows citizens, families and different social groups to claim their rights from the State, i.e., to EMPOWER THEMSELVES. Additionally, when exercised like so, social control prompts the public sector to act in a way that is consistent with its OBLIGATIONS, by monitoring both fulfillment of goals and deadlines and the appropriate use of public funds, and improving its performance. It is important to point out that the rights-based approach disputes the arguments offered by countries during the World Food Summits (1996 and 2002, Rome) to explain their failure in meeting the international goals of reducing hunger and malnutrition, i.e., the lack of political will and appropriate allocation of resources. Governments cannot resort to this type of justification to explain the non-fulfillment of a legal obligation undertaken before the international community and the population. By failing to fulfill their OBLIGATIONS, States would be violating those treaties and infringing the rights of the persons living within their territories. From this perspective, a well-meaning government, associated with a mobilized civil society and with the support 12

17 of the international community could use the rights-based approach to improve the performance of the state apparatus and hasten the hunger and malnutrition eradication process in the context of reducing inequalities. In Brazil, the efforts of different government spheres and civil society organizations in past years have yielded concrete results as hunger and extreme poverty are decreasing. Data from IBGE indicate that poverty in the country decreased by 19.2% 5 between 2003 and Researchers from the Ministry of Social Development and Hunger Combat (MDS) show that child malnutrition has dropped significantly in the Semi-Arid Northeast, one of the country s poorest regions, particularly since However, despite these advances attention should be drawn to the fact that the living conditions of Brazilians are far below what would be expected from an economy the size of Brazil s. The implementation of an exclusionary economic and social model based on high land and wealth concentration in the hands of a few, the systematic disrespect for traditional cultures and the environment, and the persistence of racism and sexism are all phenomena that hinder sustainable development and the consolidation of the Rule of Law. In Brazil, the promotion of the human rights culture is still fragmented and incipient, especially as regards competencebuilding in the public sector. 5 The poverty level dropped by 19.18% in the first three years of the Lula administration the highest decrease in the past ten years. According to data from the 2005 PNAD (National Household Survey), 42.6 million Brazilians, or 22.7% of the country s overall population, lived under the poverty line. In 2005 extreme poverty decreased by 10.60%. See: economia/2006/09/22/ult2499u233.jhtm (date of enquiry: September 29, 2006). 6 The study carried out by MDS (2005) found an average prevalence of 6.6% of malnutrition in children 0-5 years old in the Semi-Arid region, vis-à-vis a prevalence of 17.9% in 1996 and 27% in The annual decrease rate which stood at 4.9% between 1989 and 1996 jumped to 7.0% in the period. In: Análise do inquérito. 13

18 These dramatic findings reinforce the need to broaden the path into a wide avenue, i.e., to fight for the Human Right to Adequate Food through the development, enforcement and social control of a National Food and Nutritional Security Policy. It is never too much to emphasize that the progressive incorporation of FNS and HRtAF into Brazil s political agenda resulted from both the implementation of concrete actions by all government levels and civil society organizations and a permanent tension between the State and society in this area. Over time, pressured by social claims and by the struggle for the theme in several parts of the country, the government, particularly at federal level, began to slowly draft that which makes up the current set of Brazilian initiatives, some of which, although more institutionalized than others, are not less important. The concepts and measures undertaken were gradually discussed, improved and agreed upon. It should be remembered that the temporal context that gave rise to Brazilian actions counted on a grass-roots movement that was strong in several areas but particularly sophisticated in the fields of Human Rights and Food and Nutritional Security. Also of fundamental importance was the historical moment of political party reorganization that was crystallized and condensed in the Constitution of 1988, the instrument that brought Human Rights to the forefront in several dimensions of the State and ended up by working as a well-paved road for the further implementation of civil society claims. For example, it expanded the mandate of the Public Ministry, which had its independence and autonomy from the Executive branch and its ability to impartially promote and advocate rights and the democratic legal order strengthened. One can therefore see the multiplicity of catalyst factors that have given shape to the present Brazilian scenario of promoting and overcoming FNS and HRtAF-related issues. The isolated implementation of the Zero Hunger Program, the 14

19 action of the Public Ministry, the establishment of CONSEA or even the creation of the Committee in charge of analyzing HRtAF violations would not suffice. By themselves, none of these institutions and measures would produce the desired effect. The advances witnessed so far have been generated within an integrating dynamics which, although still in the process of consolidation, is seen in Brazil for the first time ever. Next are some of the main Brazilian initiatives implemented in recent times and which are geared to strengthen the promotion and protection of the HRtAF. These experiences are presented in terms of the actor that promotes them, i.e., federal government, collegiate forums of governmental and non-governmental organizations, and CSOs. 15

20 Federal Government initiatives iii 1. The National Council of Food and Nutritional Security Objective To propose guidelines for Food and Nutritional Security policy, programs and actions. Established in 2003, the Council is of an advisory nature. It is tasked with directly advising the President of the Republic in the development of policies and in the definition of guidelines for the country to secure the Human Right to Adequate Food. Area in charge of the initiative Presidency of the Republic. Organization and Operation The Council is linked to the Presidency of the Republic but its executive secretariat is located in the Ministry of Social Development and Hunger Combat. The counselors, who are appointed by the President of the Republic, are in their majority representatives of civil society. The collegiate body is made up of 59 counselors, of which 42 are representatives of nongovernmental, labor union and business organizations; the other 17 are State ministers or federal government officials. It also comprises observers and guests, among which is the National Rapporteur on Human Rights to Food, Water and Rural Land, ESCHR Brazilian Platform 8. The Council is chaired by one of the counselors representing civil society, who is 7 The Platform, originally called National Platform on Economic, Social and Cultural Human Rights (ESCHR) was renamed National Platform on Economic, Social, Cultural and Environmental Human Rights (DHESCA in its Portuguese acronym). 16

21 also appointed by the Presidency of the Republic. CONSEA s activities are conducted by different Thematic Chambers (Production and Supply; Nutrition and Health, and Policies for Specific Populations); Standing Committees (Indigenous Peoples, Black Populations, Social Articulation and Mobilization, and Human Right to Adequate Food); and Working Groups. The proposals of these collegiate forums are brought before the Plenary, which meets on a monthly basis. The resolutions are approved by the Council s higher coordinating body (the Plenary) and then submitted to the President of the Republic. In the wake of the work developed by national CONSEA, similar Councils have been created, including with the same name, in virtually all Brazilian states and even in some municipalities. Outcomes Planning and organization, in 2004, of the Second National Conference on Food and Nutritional Security, which defined Food Sovereignty and the Human Right to Adequate Food as the pillars of FNS and drew up guidelines for the establishment of a National Food and Nutritional Security System and Policy. Monitoring of the Zero Hunger Program. Development of innovative programs. (Food Procurement Program) and institutional and budgetary strengthening of programs that are essential to promote FNS and the HRtAF (National Program for the Promotion of Family Agriculture (PRONAF); National School Feeding Program (PNAE); Healthy Food Promotion; and Indigenous Project Portfolio, among others). Increased visibility for the food and nutritional insecurity situation that affects traditionally excluded populations: blacks, quilombolas (descendents of African slaves), indigenous peoples, encamped populations, and recycled material collectors. Drafting of the baseline text for discussion, which 17

22 resulted in the Food and Nutritional Security Law and in the establishment of the National Food and Nutritional Security System, based on HRtAF promotion benchmarks. Establishment of the Standing Commission on the Human Right to Adequate Food within CONSEA, with a view to fostering the incorporation of HRtAF promotion and exigibility measures into public policies. Negotiations with the Special Secretariat for Human Rights conducive to the establishment of the Commission for Monitoring HRtAF Violations within the Council for the Defense of the Rights of the Human Person. Establishment of the Working Group for monitoring FNS policies from a HRtAF perspective, with a view to drafting a proposal for a SISAN monitoring component. Planning of the Third National Conference on Food and Nutritional Security, to be held in Lessons learned The importance of social participation: as already mentioned, the progress reached in the area of FNS and HRtAF in Brazil results from a strong interaction between government agencies and civil society organizations. This relationship, at times tense and conflicting, has led to the gradual achievement of consensus. In this regard, special mention should be made of the dialogue that feared no adversaries, as the final results were positive to all concerned. Respect for diversity. CONSEA s experience showed the importance of the presence, in concertation forums, of the set of actors whose actions impact on the promotion of FNS and HRtAF, i.e., different government levels, the private sector, rights defense organizations, workers, religious organizations, academics, and different ethnic groups among others. Once a consensus is reached, this multiplicity enables the measures undertaken to be actually implemented. Such was the case of the Food and Nutritional Security Law, which was passed by the National Congress in record time: two years. 18

23 The need to have a collegiate forum of cross-sectoral character such as CONSEA linked to a supraministerial structure, e.g. the Civil Cabinet of the Presidency of the Republic. In fact, the articulation of different sectoral measures can only be satisfactorily conducted by an organization with such a mandate, as it has the instruments and mechanisms that allow it to coordinate actions (i.e., summoning power, budget). The promotion of greater institutionality of Food and Nutritional Security and of the Human Right to Adequate Food (see box). The progressive construction of a National Food and Nutrition Security Policy The (re)establishment of CONSEA in 2003 and the Second National Conference on Food and Nutritional Security held in 2004 were instrumental in the gradual institutionalization of FNS and HRtAF in Brazil. The Conference, which was attended by around people amongst representatives of governmental and non-governmental organizations from all over the country, mandated CONSEA to start a process to implement the National Food Security System. During 2005 a Working Group coordinated by the Council drafted a Bill based on an intensive discussion and debate process. This Bill, which became law in September 2006, in addition to setting principles, guidelines, objectives and fora for the FNS System in Brazil, ratified some of the remarkable achievements made until then, among which were: (i) adequate food as a human right; (ii) conceptualization of Food and Nutritional Security as determined by the Second Conference; (iii) the cross-sectoral character of FNS: its ability to interact in a system of collaboration 19

24 with other existing public systems or policies, and its supraministerial coordinating authority; (iv) plural fora for social concertation, formulation and control of FNS policies through conferences and councils; (v) ratification of the State s obligation to respect, protect, promote and fulfill the human right to adequate food and even to establish exigibility fora. Another important step was taken in the interaction with the Zero Hunger Program. The program was initially introduced by the federal government as synonym for Food and Nutritional Security Policy. In both the Conference and the Council there was widespread criticism of the failure to meet fundamental FNS requirements such as its scope, which goes beyond eradicating hunger and promoting cross-sectorality to require the articulation of different government spheres and policies, including economic policies. Thus, the federal government began to restructure the Zero Hunger program. It is currently a strategy that through the coordination of a set of programs and actions implemented by several ministries seeks to increase access to food by the neediest sections of the population. Two major advances have been made in the new design: the Human Right to Adequate Food as the guiding principle of the Zero Hunger program and the understanding that it is now a component of an FNS policy rather than the Policy itself. As it can be seen, in today s Brazil the foundations have been laid: from now on, the challenge ahead lies in raising the building. The objective of the Third National Conference on Food and Nutritional Security, to be held in 2007, is to move forward in defining the contents of an FNS Policy as a strategic axis of development. 20

25 2. The Zero Hunger Program Objective To ensure the people and population groups unable to procure food by themselves the Human Right to Adequate Food through a strategy fostered by the federal government in partnership with other spheres of government and civil society. This strategy is an integral part of the actions to promote Food and Nutritional Security in Brazil. Area in charge of the initiative Civil Cabinet of the Presidency of the Republic, under the coordination of the Zero Hunger Working Group 9 (Zero Hunger WG), in partnership with the Executive Secretariat of the Ministry for Social Development and Hunger Combat. Organization and Operation The Zero Hunger Program, which was introduced in 2003, articulates a set of 31 actions and programs implemented by the several Ministries participating in the Strategy, around four priority lines: (1) increased access to food; (2) promotion of family agriculture; (3) advance of income generation processes; (4) social articulation, mobilization and control. Outcomes More than R$27 billion have been allocated to the Zero Hunger program since its inception in Among the 31 programs that make up Zero Hunger, special mention should be made of the Family Grant (Bolsa Família) program implemented by the Ministry of Social 9 The Zero Hunger WG is made up of the following Ministries: Social Development and Hunger Combat; Agrarian Development; Health; Education; Agriculture, Livestock and Supply; Labor and Employment; National Integration; Finance; and Planning. Other participants include the Civil Cabinet, the General Secretariat of the Presidency of the Republic, and the Special Advisory Body of the Presidency of the Republic, in addition to CONSEA. 21

26 Development and Hunger Combat, which transfers income to poor families on a monthly basis. The benefit is conditioned to the children s school attendance and to the families participation in public health preventive actions. The Family Grant currently assists 12 million families. Another initiative is the Ministry of Education s National School Feeding Program, which provides at least one meal a day to 37 million students. The Ministry of Agrarian Reform s National Program for the Promotion of Family Agriculture seeks to ensure access to credit as well as appropriate technical support for food production under a family system. Between 2003 and 2006, PRONAF financed 3.3 million contracts and provided R$12 billion in credit. The Zero Hunger Program encourages different forms of civil society mobilization that seek to establish partnerships with the State, promote taskforces, make donations and train social agents in social control. For example the construction of over 1,000 cisterns, benefiting approximately 34,000 people in the semi-arid northeastern region. This initiative involved partnerships with MDS, states, municipalities, the Articulation for the Semi-Arid (ASA), a network of nongovernmental organizations, and the Brazilian Federation of Banks (FEBRABAN). Lessons learned The (re)introduction of the hunger topic on the political agenda. The great merit of Zero Hunger was having drawn attention, both in Brazil and in the rest of the world, to the responsibility of all to the scourge of hunger. Although the duty to eradicate hunger lies with the State, society should also mobilize either by participating in the formulation and control of public policies or through voluntary actions. The progressive understanding that combating hunger does not exhaust the promotion of the HRtAF and FNS. The initial understanding, especially by the federal government, was that a Food and Nutritional Security Policy 22

27 would be equivalent to a policy to increase access to food by the poorest (through, inter alia, income-transfer, increase in small rural production and the expansion of food programs). Such was the Zero Hunger initial format. Effective actions undertaken by CONSEA with the support of the guidelines advanced in the second CNSAN contributed to consolidating the idea that Zero Hunger would be a component of a Food and Nutritional Security Policy rather than the Policy itself. The challenge of articulating and integrating actions. Cross-sectoral strategies and policies require mechanisms and instruments for their adequate operation, such as the clear allocation of the partners roles, suitable information and monitoring system and summoning power of the coordinator, among others. The difficulty to effectively mainstream the HRtAF. Although the Human Right to Adequate Food is one of Zero Hunger s objectives, not all government actions are guided by this premise. Moreover, justiciability and exigibility mechanisms are practically non-existent and there is clear difficulty in working in ways that respect cultural and ethnical diversity. 3. Monitoring the Food and Nutritional Situation in Brazil Objective To gain knowledge of the food and nutritional insecurity affecting the population, including with respect to ethnic, racial, gender and age aspects. Information such as this ensures a more efficient design of Food and Nutritional Security policies as well as promotion and monitoring of HRtAF realization. 23

28 Areas in charge of the initiative CONSEA, Ministry of Health, and Ministry of Social Development and Hunger Combat 10. Organization and Operation Among the initiatives developed thus far, special mention should be made of the implementation of the Food and Nutritional Surveillance System within the Unified Health System (SUS) by the General Coordinating Body of the Food and Nutritional Policy, and within the Indigenous Health subsystem by the Brazilian Health Foundation. The latter, in particular, has succeeded in alerting the State and society to the gravity of the nutritional status of indigenous children. Other initiatives worth mentioning include: (1) the Household Budget Survey (POF) 11, carried out by IBGE for the 2002/2003 period, which enabled updating national data on food spending as well as the nutritional profile of the Brazilian population; (2) the National Household Sampling Survey (PNAD), also carried out by IBGE and which, in its 2004 edition included a special questionnaire that enabled portraying the food insecurity situation in Brazil 12 for the first time ever; (3) the Nutritional Call introduced by the Ministry of Social Development and Hunger Combat in partnership 10 Other participating government agencies include, inter alia: the Brazilian Institute of Geography and Statistics (IBGE); The General Coordinating Body for the Food and Nutritional Security Policy, Ministry of Health (CGPAN); the National Health h Foundation (FUNASA); and the Institute of Applied Economic Research (IPEA). 11 Household Budget Survey (POF): see results in: estatistica/populacao/condicaodevida/pof/2002/default.shtm (date of enquiry: September 29, 2006). 12 Note: Brazilian Scale of Food Insecurity. The 2004 PNAD incorporated the use of an instrument that enables estimating the prevalence of Food Insecurity among Brazilian families. The results indicate that some 72 million Brazilians face food insecurity and that 14 million are in a situation of serious food insecurity. These data ratify the estimates pointing to the need to prioritize the promotion of Food and Nutritional Security 24

29 with the Ministry of Health and carried out simultaneously with vaccination campaigns, which seeks to gather data on the nutritional status of children 0 to 5 years old from more vulnerable groups, who are not always included in official statistics (very poor geographic regions, Afro-descendent populations, indigenous populations and descendents of African slaves). Outcomes The surveys carried out so far have been of fundamental importance to update information on the food and nutritional profile of the Brazilian population, which were outdated as the data available were from These surveys also contribute to a more effective identification of populations and areas most seriously affected by food and nutritional insecurity. It therefore allows for identifying and mapping different problems as well as planning and monitoring interventions. Lessons learned Clear concepts and objectives. Information systems are effective when one knows exactly what they are good for. The Brazilian experience shows that data weakness in the area of Food and Nutritional Security is due mainly to the inaccuracy of the concepts as well as of the purposes of governmental actions in the area. The need to reflect on the diversity of society. FNS information systems should be capable of translating the multiple demands of society, which differ according to variables such as gender, race/ethnicity, location, age, sexual orientation, origin, and culture. The importance of carrying out purpose-monitoring surveys on a regular basis. 25

30 Actions and monitoring by collegiate and recourse forums iv 1. The Standing Commission on the Human Right to Adequate Food Objective To analyze, within the scope of CONSEA and under a HRtAF perspective, government policies on Food and Nutritional Security and make recommendations. Area in charge of the initiative CONSEA 13. Organization and Operation During 2005 and 2006 CONSEA s Standing Commission on the Human Right to Adequate Food reviewed three key FNS programs in terms of their relevance for promoting the HRtAF, of the number of beneficiaries covered and of the public funds allocated: (1) The National School Feeding Program; (2) Family Grant; (3) the Ministry of Health s Family Health Strategy, which assists some 40% of the Brazilian population. To review the Programs the Commission developed, with the support of Brazilian Action for Nutrition and Human Rights (Abrandh), a methodology inspired in the experience of the South African Human Rights Committee for the Realization of Economic, Social, Cultural and Environmental Rights in that country. The methodology adopted includes the following 13 Other participants in this effort include: counselors and the National Rapporteur for Human Rights to Adequate Food, Water and Rural Land, with the support of the Brazilian Action for Human Rights and the Special Secretariat for Human Rights. 26

31 phases: (1) contact between the Commission coordinating body and the managers of the relevant program, with a view to proposing the evaluation process; (2) sending questionnaires to Program managers; (3) a Commission meeting to clarify doubts and questions and analyze answers on a preliminary basis; (4) technical analysis of the answers with the consequent preparation of recommendations to program managers to incorporate the HRtAF into routine activities and procedures; (5) a second Commission meeting to debate the managers replies to the recommendations; (6) definition of the deadline for a meeting with the Commission to discuss monitoring procedures to verify compliance with the recommendations (6 months to one year). Outcomes In partnership with the National School Feeding Program the Commission developed a set of instruments that will enable students and their families to effectively participate in the monitoring of HRtAF realization in the program. These instruments inform which dimensions of the HRtAF can be claimed and under which circumstances. It also defines the public agents responsible for answering to the claims and the time frames for doing so. The proposal is being tested for further replication; A term of reference incorporating HRtAF promotion into the identification and reporting of child malnutrition cases is also being prepared; A long debate was held between counselors and public managers with a view to clearly defining public managers duties and creating recourse mechanisms easily accessible by HRtAF holders. Lessons learned The importance of the Commission s work as an instrument to promote and incorporate the HRtAF into policies and as a methodology to train CONSEA counselors. 27

32 To a certain extent, this has enabled the methodology to be replicated in some of CONSEA s state units. It is important to recall that the Commission s work would not have been possible without the support of Abrandh. Continuity of the work at a good quality level therefore requires that this collegiate body set up a technical team capable of carrying out the review so as to provide input to the discussions of the Commission and, consequently, of CONSEA. The necessary autonomy of a system to monitor fulfillment of the HRtAF. The Commission s experience shows the limitations of an advisory forum to the Executive branch that lacks the instruments needed to enforce its recommendations. The lack of consensus on the concept of Human Right to Adequate Food. (See box). Family Grant and HRtAF: a paradox? The main initiative of the Zero Hunger Program implemented by the government of President Luiz Inácio Lula da Silva is a massive income transfer program known as Family Grant. This program is geared to assist poor families and its objective is to provide recipients with a minimum monthly income to ensure them adequate nourishment and access to basic education and health services. The benefit is conditioned on certain actions: families are required to keep their children in school and make regular visits to health clinics. Otherwise, they could be excluded from the program. Several Civil Society Organizations, including the National Rapporteur on Human Rights to Food, Water and Rural Land have already harshly criticized this aspect of the Program as they 28

33 understand that it violates the basic Human Right to Adequate Food, the provision of which should in no circumstance be linked to conditions. Furthermore, they allege that this type of requirement reinforces the favor exchange culture and the guardianship relation between the State and the beneficiary: the latter is seen as incompetent and the State must therefore punish him for failing to play by the book. The relationship is the same as that between parents and their children, when the first, in a pedagogical process, cut the latter s allowance because they have been disobedient or failed to fulfill certain agreements. To the representatives of those organizations, underneath the principle of conditionality lies the conception that the poor are responsible for their condition: if they have poor health and no education it is not because the State has failed but rather because they do not want it. Government agencies rebut these arguments by pointing out that conditionality is an efficient means to increase opportunities for the poorest so that they can improve their condition. Moreover, they emphasize that international experience has shown that this type of measure ensures, precisely, the realization of social rights, as it promotes increased coverage of basic health and education services. Civil society organizations argue that it is the duty of the State to promote the necessary conditions so that the Human Rights to education and health are actually realized for all. The debate is open and deserves to be deepened. 29

34 2. The National Commission for Monitoring HRtAF Violations Objective To receive and investigate complaints of HRtAF violations and provide reparation to victims. This is the first Commission to specifically address ESCHR-Rights in Brazil. Areas in charge of the initiative Council for the Defense of the Human Person (CDDPH), Special Secretariat for Human Rights; CONSEA; National Rapporteur on Human Rights to Food, Water and Rural Land; and Attorney General s Office for the Defense of Citizens Rights/Federal Public Ministry 14. Organization and Operation The Commission was established in May 2005 as a Special Commission of the Council for the Defense of the Rights of the Human Person, linked to the Special Secretariat for Human Rights. It was originally mandated to draft a methodology to receive and investigate complaints, so as to allow the State to intervene in order to prevent and remedy HRtAF violations. To perform its duty, the Commission chose to start from the concrete analysis of violation complaints brought in by the Rapporteur and CSOs. One of the core problems faced by the Commission was its operation: as part of the Council for the Defense of the Rights of the Human Person, it had to deal with the limitations faced by the Council such as the absence of administrative, financial and personnel infrastructure; the lack of political agility; and restricted autonomy from the Executive branch. 14 Other organizations participating in this initiative include the National Platform on Economic, Social, Cultural and Environmental Rights, the Brazilian National Supply Company of the Ministry of Agriculture (CONAB), the Public Defender s Office, the National Health Foundation (FUNASA), the Ministry for Social Development and Hunger Combat, the National School Feeding Program (PNAE), and CSOs representing the most vulnerable populations. 30

35 Despite these shortcomings, the Commission plays a fundamental role in the progressive construction of the methodology to assess violations. Its actions also enable maintaining a dialogue with the Brazilian government. In this regard, the creation of an independent, autonomous and efficient National Human Rights Institution capable of analyzing and providing answers to violations of civil and political as well as environmental, economic, social, and cultural Human Rights is currently under consideration. Outcomes In partnership with several State agencies, the Commission has assisted in identifying concrete alternatives to the suspension of transfers of PNAE funds to the states and municipalities charged with misusing funds of the school feeding program. This proposal indicates mechanisms to correct management problems by local officials, without any harm to students such depriving them of their daily meals. The Commission articulates a series of arrangements to demand from the State a more effective articulation of FNS policies targeted at the indigenous population, in tune with the principles of ILO Convention 169 and the Voluntary Guidelines. Continuity of the Commission s work is being currently negotiated within CDDPH. The idea is to have it operating until a more autonomous and independent National Human Rights Council that affectively addresses environmental, cultural, economic and social Human Rights is actually established. Lessons learned The work of the Commission complements the actions of the Standing Commission on the HRtAF and CONSEA. Given its close link to the Human Rights Minister, the Commission increases visibility of violation cases. The need for an infrastructure that ensures effective action. Since its inception, the Commission has operated 31

36 thanks to the efforts of the actors involved, without any instruments and mechanisms of its own. This system, although satisfactory in the short term owing to the endeavor of partners is not sustainable over time, as an organization devoted to investigating Human Rights violations needs appropriate resources (technical, financial, organizational and institutional) to support its activities. Therefore, Human Rights specialists must be trained among government staff. Part of the resistance to mainstreaming the HRtAF dimension into public sector programs and actions is due to the fact that policy-makers are unaware of it. This gap could be filled by massive training actions at all levels of government (federal, state and municipal). 3. The Working Group Indicators and Monitoring of Food and Nutrition Security Objective To monitor and evaluate realization of the Human Right to Adequate Food in Brazil in the context of National Food and Nutrition Security. Area in charge of the initiative Consea 15. Organization and operation The working group was set up in 2006 for the purpose of drafting the proposal for an FNS Monitoring System under a HRtAF perspective, to be integrated into SISAN. This proposal should be reviewed by CONSEA in the second half 15 This Working Group is made up of the following organizations: CONSEA Executive Secretariat; Abrandh/National Rapporteur for Human Rights to Food, Water and Rural Land; Ministry of Social Development and Hunger Combat; Ministry of Planning; Institute of Economic Applied Research (IPEA); Brazilian Institute of Geography and Statistics (IBGE); and Ministry of Health. 32

37 of 2006 and submitted for discussion at the Third National FNS Conference in The proposal is being drafted on the basis of wideranging stakeholder consultations, including the several government agencies involved in promoting FNS and civil society organizations interested in the theme. Outcomes The proposal will provide input to the creation of the Monitoring System within SISAN as well as to the regulation of the Food and Nutritional Security Law, including content, regularity and institutionality. In 2007 a document will be drafted based on the proposal under discussion, which will contain suggestions for monitoring HRtAF realization in the next Multi-annual Plan (PPA) for the period 16. Lessons learned Lessons learned include those from other initiatives such as the need for precise concepts, the urgency to train government managers in Human Rights, and the need to have adequate monitoring resources. Political definition of the responsibility for monitoring FNS and HRtAF. An effective monitoring of compliance with HRtAF in FNS public policies requires giving the agency in charge a mandate to do so. Managers accountability based on monitoring results. The success and credibility of monitoring also depend on the ability to document, identify responsible institutions or actors and remedy possible violations resulting from government action or omission. Taking the Brazilian contribution to the international scene. In view of the experience gained in the areas of 16 PPA is a constitutional mechanism for planning federal government actions for a four-year period. 33

38 government and organized civil society, it is fundamental, from the standpoint of international solidarity, that the country makes its knowledge and information available to other peoples. 4. The Public Ministry Objective To ensure the legal order of the democratic regime as well as public morality and social and individual rights. Organization and operation The Public Ministry is an autonomous body - i.e., independent from the three spheres of government Executive, Legislative and Judicial for the defense of society before the three branches. Its main responsibility is to enforce the law. Operating at both the federal and state level, the Public Ministry has been fundamental to strengthen the process of HRtAF realization in Brazil, as it is ale to investigate and initiate individual or collective inquiries into violations of basic rights. As a result of growing pressure by civil society for the enforcement of Economic, Social, Cultural and Environmental Human Rights, the Public Ministry has been making increased use of recourse mechanisms, thus strengthening its role as a protector and promoter of Human Rights realization. Mechanisms currently available to promote the HRtAF include: Public Hearings and Terms of Conduct Adjustment When so required, any level of the Public Ministry (federal, state, military and labor) can convene a Public Hearing to discuss a specific case of Human Rights violation 34

39 and facilitate the adoption of measures to remedy the situation. The Public Ministry has the authority to summon government spheres and other relevant actors to these hearings. When conducting a public hearing or in the face of a conflict between the State and society, the Public Ministry may, at its discretion, propose the negotiation and signature of a Term of Conduct Adjustment (TCA). The TCA, which is legally binding, defines the actions to be undertaken by the different parties within an established time frame, with a view to correcting the violations identified. Public Civil Inquiry Consists in establishing a process to investigate complaints of violation brought in by civil society, or even continued processes to monitor public programs and policies, without necessarily judicializing these processes. The inquiries may result in recommendations to the State or in the development of TCAs, as appropriate. Outcomes Public Ministry involvement in the HRtAF is growing and results from the constant pressures and questioning spread all over Brazil with respect to HRtAF-related themes. Establishment of the Working Group on the Human Right to Adequate Food within the Federal Attorney General s Office for Citizens Rights/Federal Public Ministry, tasked with drafting guidelines for prosecutors on initiatives to promote the HRtAF and developing a manual on HRtAF promotion. Establishment of the Human Rights Commission of the Brazilian Public Ministry at the National Council of Prosecutors, with the aim of promoting the exchange of experiences and providing input for the action of interested practitioners, with special emphasis on the promotion of Economic, Social, Cultural and Environmental Human Rights. The Public Ministry of the State of Pernambuco develops activities geared to monitor land ownership conflicts, 35

40 with a focus on promoting the social role of the land. These activities have significantly impacted on the protection and promotion of the HRtAF for populations encamped and settled in the region. Agreement on the promotion of economic, social and cultural Human Rights between the National Platform on Economic, Social, Cultural and Environmental Rights and different bodies of the Public Ministry. Society at large and Public Policies and Rights Councils are already learning how to use Public Ministry mechanisms. Lessons learned The importance of disseminating the possibility to resort to the Public Ministry for HRtAF exigibility. Only through information and interaction among different social dimensions society and the Public Ministry will have full power over such mechanisms and ensure the use thereof for realizing the HRtAF. The urgency to increase the Public Ministry s involvement in the promotion and protection of the HRtAF. Although defense and promotion of Human Rights are clearly included in the Public Ministry s mandate, only a small number of prosecutors devote a meaningful part of their actions to the theme, particularly as regards promoting and protecting of Economic, Social, Cultural and Environmental Human Rights. Only strong institutional pressure and civil society mobilization can guarantee that the Public Ministry will actually and effectively fulfill its constitutional role. The relevance of Public Ministry actions in Brazil indicates the need to establish Human Rights recourse institutions that work in tune with the UN Principles of Paris for the realization of Human Rights. 36

41 The vitality of Organized Civil Society V 1. The National Rapporteur on Human Rights to Food, Water and Rural Land Objective To receive complaints of Human Rights violations; to carry out in loco missions to inspect problem situations; to prepare reports, issue recommendations to public authorities, civil society organizations as well as to international organizations promoting Human Rights; and to monitor fulfillment of such recommendations. Area in charge of the initiative National Platform on Economic, Social, Cultural and Environmental Rights Organization and operation The Rapporteur, which was established in 2002, is an integral part of the National Rapporteur on Human Rights to Food, Water and Rural Land Project coordinated by the National Platform on Economic, Social, Cultural and Environmental Rights, a network of entities and civil society organizations that works to promote the exigibility of these rights. The rapporteurs are chosen by a tripartite commission made up of representatives of civil society, governmental organizations and UN-System agencies, from on a list of names identified through public consultations. The rapporteurs mandate is based on that of the United Nations Special Rapporteurs, with emphasis on the independence and autonomy required by the Principles of Paris. The rapporteurs issue recommendations to public authorities and international Human Rights organizations. 37

42 Outcomes Receiving, investigating, reporting and monitoring complaints of human rights violation. In 2005, a procedure was developed and tested to document, investigate, report and monitor Human Rights violations. Over 40 cases were reviewed during the year. Some became the object of factfinding visits and missions. The others were investigated through information provided by public authorities, always in close collaboration with representatives of the federal or state-level Public Ministry. Twelve investigation missions were carried out, which generated descriptive reports on the violations and their causes faced by encamped rural workers, indigenous people, quilombolas, and populations victims of urban eviction, affected by dams, and in situation of serious food and nutritional insecurity. Partnership with the Public Ministry: strengthening articulations and promoting agility in the use of legal mechanisms available to the Public Ministry to assist in overcoming violations of the HRtAF, such as terms of conduct adjustment, public hearings, and public civil inquiries. Monitoring recommendations of the UN Special Rapporteur on the Human Right to Adequate Food. Since 2002 the National Rapporteur, in cooperation with the UN Special Rapporteur on the Right to Food has been monitoring fulfillment of the Special Rapporteur s recommendations to the Brazilian government. The Rapporteur has assumed a leadership role in the process of formulating the Food and Nutritional Security Law, with the support of Abrandh. The effort has been focused on ensuring the mainstreaming of the HRtAF perspective into the bill. The Rapporteur has also played a strategic role in the creation and implementation of the Special Commission for Monitoring HRtAF violations. 38

43 Lessons learned The need for autonomous institutionalization of the Rapporteur. The Brazilian experience has shown that in order to be effective the Rapporteur should have a minimum structure at its disposal that contemplates, in addition to funds to finance travels and hearings, a qualified team of assistants, researchers and attorneys. Only then it will be possible not only to investigate violations but also to influence public policies and work towards overcoming FNS and HRtAFrelated problems. The autonomy of the Rapporteur from the State and private interests is central to its credibility and good performance. Sensitization of the Judicial Power to the HRtAF. In Brazil, the Judiciary, when compared to the Executive and the Legislature, has shown incipient involvement as regards incorporating the HRtAF into its decisions. This has been a hindrance to the implementation of effective exigibility and justiciability mechanisms. The importance of the Rapporteur s role in giving voice to populations previously invisible and facing serious HRtAF violations. This is essential to ensure that the State will be forced to act and to legitimize the operation of Rights Councils and institutions working on Food and Nutritional Security. The need to sensitize the media to the HRtAF and FNS. The Rapporteur s effectiveness also involves discussing its responsibilities and results within society. The media plays a prime role in feeding this debate and ways must therefore be identified to encourage involvement in this area. The relevance of the Rapporteur s social and political base. Legitimacy of the work stems from its rooting in the social movement, the support of the UN and the Attorney General s Office for the Defense of Citizens Rights/Federal Public Ministry as well as other partnerships. The respect gained ensures the Rapporteur the power to put political pressure on the State that impels the actions of exigibility developed by the Rapporteur. 39

44 The importance of articulation. The Brazilian experience has shown that partnership actions carried out with international visibility can enforce rights and impel public policies. This would not happen, or at least would take longer to happen, if these changes were being claimed by individual communities. 2. The Brazilian Forum on Food and Nutritional Security FBSAN Objectives (i) To mobilize society around the theme of Food and Nutritional Security and contribute to shape a public opinion favorable to this perspective; (ii) to foster development of national and international public policy proposals on Food Security and HRtAF; (iii) to put the theme on the government agenda at all levels; (iv) to encourage development of local/municipal actions aimed at promoting Food and Nutritional Security; (iv) to collaborate in the training of civil society actors, with a view to optimizing society s effective participation in different social management venues; (v) to report and monitor government s answers to right to food violations. Areas in change of the initiative About 100 civil society organizations and networks, social movements and individuals linked to FNS and HRtAF themes. Organization and operation Established in 1998 as a result of the preparation work for the World Food Summit in 1996, the Forum is a venue for discussing the social movement in support of FNS and HRtAF. The executive coordinating body meets on a monthly basis to deliberate on administrative and routine issues whereas the expanded coordinating body holds biannual meetings to set 40

45 guidelines and lines of action. There are state-level FNS fora in nearly every state in the country. The Forum played a central role in articulating the FNS movement, which has kept the theme on the political agenda and influenced the current government to reestablish CONSEA. Furthermore, FBSAN has been a major catalyst in the process of civil society participation in national CONSEA and its state units, as well as in the organization of national FNS conferences. The Forum gathers different sectors of civil society (non-governmental organizations, social movements, networks, researchers, militants) working in different dimensions of Food and Nutritional Security, namely: agrarian reform; international trade; food production; production methods; supply; quality control; solidarity economy; employment and income generation; eating habits and cultures; nutrition; and HRtAF. At the same time, FBSAN has been the main link between Brazilian civil society and the global society that fights for the theme of Food and Nutritional Sovereignty and Security. Outcomes Due to its broad-based and cross-sectoral composition, FBSAN has been a core collaborator in developing a national Food and Nutritional Security concept that incorporates the HRtAF approach. Articulation of a national FNS movement that played an important role in: (i) consolidating civil society participation in national CONSEA and its state units; (ii) organizing the Second FNS Conference; (iii) defining HRtAF and Food Sovereignty as pillars of FNS; (iv) developing a legal framework for the national FNS System; (v) mobilizing civil society support in passing the Food and Nutritional Security Law and its strong content of HRtAF realization. FBSAN is among the group of networks that have effectively supported the actions of the National Rapporteur on the HRtAF. 41

46 National and state-level seminars, meetings and debates, which put forward civil society articulation and action lines for promoting and solving FNS and HRtAF-related issues. Set-up of a website providing information and offering space for the exchange of experiences on the subject. Lessons learned The importance of collective actors. By promoting interaction and debate among relevant social sectors involved in FNS, civil society organizations and networks such as FBSAN can play a crucial role in facilitating the mainstreaming of the rights-based approach into the public debate about FNS, as well as in formulating and monitoring public policies and supporting the consolidation of the institutions needed to implement FNS and the HRtAF. 3. The National Committee for the Implementation of the Human Right to Adequate Food (COMIDhA) Objective To promote a permanent space for dialogue on, articulation of and intervention in processes geared to promote and protect the Human Right to Food, Water and Rural Land. It is intended to provide information, research results, articles, documents and other contents, as well as to articulate and offer input to the initiatives of its entities and networks, with a view to advocating and promoting the Human Right to Adequate Food and encouraging the creation and strengthening of HRtAF exigibility fora at all levels. Areas in charge of the initiative Civil society organizations, social networks and movements in the areas of Food and Nutritional Security and Human Right to Adequate Food. 42

47 Organization and operation COMIDhA is not intended to be another network but rather a technical and political committee to support HRtAFrelated activities carried out by the different networks and entities participating in the committee. The priorities of the work developed thus far have been: (i) to articulate support for investigation missions carried out by the National Rapporteur on the HRtAF and, in particular, support the monitoring of compliance with the recommendations issued; (ii) to support HRtAF-related work developed by State FNS Fora through the production of informative material, the dissemination of information and the organization of debates and meetings on the theme; (iii) to encourage national CONSEA and its state units to establish HRtAF exigibility fora in partnership with State Human Rights Councils; (iv) to disseminate HRtAF promotion in other sectors of society, including through partnerships with other initiatives; (v) to promote the Campaign to Disseminate the Voluntary Guidelines to Promote the Human Right to Adequate Food. Outcomes Development of a campaign to disseminate information on the relevance of the HRtAF concept and on the commitments undertaken by countries towards its operationalization at both national and international level. To encourage the State (at national, state and municipal level), public institutions, civil society organizations, social and grass-roots movements and individuals to sign a term of commitment for the establishment of guidelines in their areas of activity. Publication of materials on the HRtAF and the Voluntary Guidelines. Publications released include folders, primers and the translation of the Guidelines into Portuguese. Maintenance of a website on the theme containing relevant information and materials available for printing. 43

48 Lessons learned The relevance of the catalyst role of a group of civil society entities technically trained to promote the realization of the Human Right to Adequate Food. The need to adapt and adjust the language. Campaign pieces should be specifically targeted at different audiences, with languages suitable for each of them. Publicity material should be developed so as to avoid false expectations. The message should be more in the sense of informing and indicating what is feasible and necessary to promote HRtAF exigibility. 4. The Brazilian Action for Nutrition and Human Rights Objective The Brazilian Action for Nutrition and Human Rights (Abrandh) is a Civil Society Organization of Public Interest (OSCIP in Portuguese) 17 established in June 2002 with the mandate to promote the realization and exigibility of the Human Right to Adequate Food in Brazil and support the process to realize this Fundamental Human Right in other regions of Latin America and the world. Main actors involved Abrandh was developed from the consolidation of a working group set up in the mid-nineties to make a diagnosis of HRtAF realization in Brazil at that time. Organization and operation Abrandh is a focal point among the main Brazilian organizations engaged in the promotion of the Human Right to Adequate Food in Brazil. In addition to hosting the National 17 Certified by the Ministry of Justice on July 5, 2002, with the OSCIP title n /

49 Rapporteur on Human Rights to Food, Water and Rural Land, it works along the following thematic elements: (i) participation of FNS and HRtAF collegiate fora and networks; (ii) sensitization to and training in the HRtAF; (iii) support for the empowerment of communities with high levels of HRtAF violation; (iv) technical assistance to other countries; (v) dissemination of the HRtAF. The organization 18 operates through the promotion of national and international workshops, training sessions, and seminars to deepen the debate and disseminate the relevance of promoting HRtAF exigibility, building on the learning acquired through institutional work and the work developed within communities facing serious HRtAF violations. Outcomes Technical and operational support for the organization and implementation of the Rapporteur s Investigation Missions developed since 2002, including the preparation of Reports; Development and implementation of a methodology to capture, investigate, analyze and report HRtAF violations; Facilitation and articulation regarding the establishment of COMIDhA and coordination of the Campaign to disseminate the Voluntary Guidelines; Production of primers, brochures and educational materials to promote the realization of HRtAF exigibility targeted specifically at entities of FBSAN, of the National Platform on Economic, Social, Cultural and Environmental Rights, of the Forum of National HR entities, and counselors of national CONSEA and its state units; Organization of national and international seminars, workshops and work meetings on the theme, with emphasis on the promotion of HRtAF realization and exigibility; 18 Since its inception, Abrandh, has counted on the financial support and partnership of International Organizations (FAO, UNICEF, UM Permanent Nutrition Committee); bilateral cooperation organizations (GTZ and DED), International NGOs (CAID and WEMOS) in addition to a strong partnership with FBSAN, the Forum of National HR Entities and the ESCHR Brazilian Platform. 45

50 Organization of sensitization and training workshops in communities with serious HRtAF violations, National CONSEA and its state units, nutrition students, researchers, Public Ministry prosecutors, International Meetings, etc. Development and implementation of a methodology to support activities to empower communities and rightsholders in the exigibility of the Human Right to Adequate Food, in partnership with the Public Ministry and civil society organizations. Technical and political support for the establishment of national CONSEA s Standing Commission on the HRtAF, including support for the development and implementation of the methodology to evaluate FNS Policies from the standpoint of promoting the realization of the Human Right to Adequate Food. Technical and political support for the establishment and operation of the Commission for Monitoring HRtAF violations within the Council for the Defense of Rights of the Human Person (CDDPH). Support for the incorporation of the HRtAF promotion and exigibility dimension into the work of several fora of National CONSEA, including the FNS Standing Commission for indigenous peoples; drafting of the Food and Nutritional Security Law; and preparation of the FNS monitoring proposal. Lessons learned The importance of articulation and joint work. Abrandh played the role of focal point in the promotion HRtAF realization and exigibility through strong articulation with national and international centers of excellence on the theme. The impact of the work developed by the organization should be understood in the context of the partnership between the entity and the National Rapporteur on the HRtAF and the availability of public venues such as CONSEA charged with promoting and monitoring FNS and open to strengthening 46

51 the promotion of the HRtAF dimension in the process and social movements such as FBSAN, for example. The need for an institution technically competent to promote the realization and exigibility of the Human Right to Adequate Food in public policies and in society itself. 47

52 Final considerations vi Any attempt to explain the reasons why Brazil holds a leadership position among the nations facing hunger and inadequate food problems and seeking to incorporate the HRtAF dimension into these initiatives should always take into account the conjunction of multiple factors. We are talking about a historical context, the existence of a very strong and active social movement, the implementation of mechanisms and institutions that enable action in the field of Food and Nutritional Security under a Human Rights perspective. None of these items, by itself, would have the power to create the scenario we see today, as they only made sense as a set. Nonetheless, it is important to bear in mind that the current scenario of HRtAF guarantee is still incipient, despite some meaningful advances made in the implementation of programs to eradicate hunger in the most excluded sections of the population. The historical moment is fertile. The federal government has maintained a permanent dialogue with civil society organizations through CONSEA and the National Conferences towards the construction of the National FNS System and the development of the National FNS Policy and Plan, which are fundamental for promoting the realization and exigibility of the Human Right to Adequate Food. The recent passing of the Food and Nutritional Security Law is a big step towards the institutionalization and implementation of this process. In this paper we presented several lessons learned that are specifically linked to one of the actions presented. But it is also possible to clearly define what one could refer to as general lessons which cross cut the entire universe of Food and Nutritional Security and Human Right to Adequate Food in the country. They are: 48

53 The great progress achieved in promoting the realization and exigibility of the HRtAF in Brazil in recent years results from the interaction between governmental and non-governmental actions in the context of an administration concerned with overcoming the hunger problem (see box in page 52). The challenge persists to overcome an authoritarian, discriminatory and paternalistic culture. This is expressed in the cultural practice of assistentialism which quite often inhibits the flourishing of policies and programs whose implementation is clearly linked to the State s obligation to guarantee the Human Right to Adequate Food and which provide for the establishment of instruments that enable rights-holders themselves to play this role. The Brazilian Judicial System is still virtually impervious to the incorporation of international Human Rights treaties provisions into its decisions and the implementation or public policies. The passing of the Food and Nutritional Security Law, which was strongly anchored in international treaties, could increase the possibility of HRtAF exigibility and justiciability in the coming years. The need to establish independent national Human Rights institutions. The lack of national Human Rights institutions operating in keeping with the Principles of Paris and the institutional, budgetary, structural and operational weakness of the institution currently in place are still unquestionable hindrances to effective advance in HR exigibility, in particular Economic, Social, Cultural and Environmental Human Rights. Despite the strengthening of its actions in the promotion and protection of HR, the Public Ministry, the single Brazilian governmental body to operate with the autonomy and independence required by Principles of Paris, is not institutionally responsible for fulfilling the role of a National Human Rights Commission. 49

54 The need to simultaneously develop the different components of the HRtAF promotion strategy. The federal government s decision to promote the realization of the HRtAF, even where it is provided for in the Law and incorporated into the text of public policies, will not result in the actual realization of the HRtAF unless the other fundamental components of the HR promotion strategy are in place and operating. These include: rights-holders aware of their rights and capable of using the existing recourse mechanisms; independent Human Rights institutions and recourse mechanism in operation; civil society organized and mobilized in defense of their rights; public servants conscious of their public duties and capable of fulfilling them, etc. The need for concerted effort to build continued Human Rights competence for public managers and servants in all spheres of government (executive, judiciary, legislature, and Public Ministry); for civil society organizations and the population at large; for communication professionals, etc. This effort should be developed through partnerships between civil society and government that are financed with public funds, and use all public means of communication available (newspapers, magazines, radio, television, the Internet, etc.). International and non-governmental support is crucial in promoting realization of the Human Right to Adequate Food. The initial period of incorporation and institutionalization of the HRtAF approach into public policies may require the support of non-governmental or international institutions until these activities are effectively incorporated by the State. It is possible to strengthen exigibility of the rights of populations facing food and nutritional insecurity through HRtAF promotion instruments. Initiatives to incorporate the HRtAF dimension into the struggle of communities facing serious Human Rights violations show that it is possible, through articulated actions between community organizations, civil society entities (NGOs, Professional Associations, etc.), 50

55 public institutions (universities, research institutes), and recourse mechanisms available (Rapporteur, Human Rights Councils, the Public Ministry, etc.) to encourage the State to act and reverse or prevent new HRtAF violations, including by means of instruments such as Public Hearings, Terms of Conduct Adjustment, public civil inquiries, and pleading right, among others. The sustainability of the results of these actions, however, will depend on the institutionalization of HRtAF promotion policies. Cross-sectoral groups of people interested in promoting the HRtAF can be extremely relevant to its promotion and realization in the medium and long term. The Brazilian experience indicates the need to create one or more groups or articulations of people involved in civil society organizations, social movements, and governmental and non-governmental organizations who share the common interest of combating hunger and malnutrition in the context of Human Rights promotion. These groups could have a strong influence on the debate and progressive incorporation of these principles into the work of the institutions they belong to. In the future, these groups may lead to the establishment of technical and political focal points that are crucial for the effective incorporation of HRtAF principles into policies and operationalization thereof. 51

56 Big advances in promoting the realization of the HRtAF in Brazil (1) the passing of the Food and Nutritional Security Law (based on HRtAF principles), which established SISAN, institutionalized mechanisms for civil society participation in the formulation and implementation of the FNS National Policy, reaffirmed the State s obligations to promote HRtAF and created mechanisms of exigibility thereof; (2) the implementation of the Zero Hunger strategy aimed at ensuring the Human Right to Adequate Food to the section of the Brazilian population at a higher level of food and nutritional insecurity, with significant impact on inequality and poverty; (3) the consolidation of national CONSEA and its state units, the establishment of the Standing HRtAF Commission within CONSEA and of the Special Commission for Monitoring HRtAF violations within the Commission for the Defense of the Rights of the Human Person (CDDPH); (4) the strengthening of Public Ministry actions in HRtAF promotion; (5) the availability of information on food and nutritional insecurity disaggregated by race, ethnicity, geographic region, age group, etc., which enabled a clearer identification of inequalities and their causes and the implementation of more efficient public policies; (6) the establishment of the National Rapporteur on Human Rights to Food, Water and Rural Land of the National Platform on Economic, Social, Cultural and Environmental Rights, the growing mobilization of FBSAN and the creation of COMIDhA, among other actions of civil society, are core aspects of these achievements. 52

57 Concepts, Glossary and Bibliographic References

58 Concepts Holders of the Human Right to Adequate Food Every human being is an HRtAF-holder, including those who are unaware of their rights (adults and children). HRtAF subjects Individuals, social groups or communities aware of their Human Rights and who somehow participate in the process of promoting, protecting and claiming these rights from the State. Duty-bearers The State is primarily and ultimately responsible for respecting, protecting and promoting the Human Right to Adequate Food, i.e., for promoting justice in this area. All public agents involved in the promotion and implementation of public policies and programs either directly or through concession, have obligations pursuant to the delegations assigned to them by the State. Any misfulfillment of these obligations can be understood as a violation of relevant International treaties. Justiciability Within the scope of Human Rights, the State has the role to ensure Justice and social equity through the actions of its different powers. In short, this means that the State has the obligation to ensure HRtAF Justiciability in each of the three powers by means of public policies and laws. Exigibility It is the guarantee given to rights-holders to claim fulfillment of the State s obligations. The concept of exigibility includes, in addition to the right to claim, the right to receive timely answers and actions from the State. Exigibility can be fulfilled at the following levels: 54

59 1. Administrative - within services and institutions directly responsible for ensuring the HRtAF dimension by means of specific administrative instruments (complaints, ombudsman system, etc.). In order to be effective, administrative exigibility requires the adoption of routines and procedures that are of public knowledge; 2. Political-administrative - within management organizations (executive) or shared management organizations (public policy councils) responsible for enforcing policies at municipal, regional or national level; 3. Monitoring Human Rights Violations - within councils or mechanisms to monitor Human Rights Violations at local, municipal, regional or national level (Human Rights Councils, Ombudsman System, etc.); 4. Quasi-judicial within public instruments vested with some coercion power and capable of mediating negotiations between rights-holders and duty-bearers (Public Ministry, Public Prosecutors, etc.) and with authority to start legal action if necessary. Examples of actions in this case include: Term of Conduct Adjustment (TCA) and Public Civil Inquiry (PCI) available to the Public Ministry.; 5. Judicial within the Judicial branch. Empowerment In this paper, the term empowerment is used to designate activities aimed at: 1. Informing and training rights-holders with a view to supporting their transformation into subjects of right 55

60 capable of claiming their rights and actively participating in social control bodies; 2. Informing and training rights-holders and civil society organizations on how to use the existing exigibility mechanisms and fight for the establishment of other possible mechanisms; Recourse mechanisms Are all the instruments and mechanisms rights-holders and subjects of right can resort to in order to see their rights realized and violations investigated and repaired. GLOSSARY Abrandh Brazilian Action for Nutrition and Human Rights ASA Articulation for the Semi-Arid CDDPH - Council for the Defense of the Human Person CGPAN General Coordinating Body for the Food and Nutritional Security Policy COMIDhA National Committee for the Implementation of the Human Right to Adequate Food Consea Conselho de Segurança Alimentar e Nutricional DED German Service of Technical. and Social Cooperation DHESC National Platform on Economic, Social and Cultural Human Rights DHESCA National Platform on Economic, Social, Cultural and Environmental Human Rights FAO Food and Agriculture Organization of the United Nations FBSAN Brazilian Forum on Food and Nutritional Security 56

61 Febraban Brazilian Federation of Banks Funasa National Health Foundation GTZ German Agency for Technical Cooperation HR Human Right HRtAF Human Right to the Adequate Food IBGE Brazilian Institute of Geography and Statistics Ipea Institute of Applied Economic Research Losan Law on Food and Nutritional Security MDS Ministry of Social Development and Hunger Combat ONU United Nations PNAE National School Feeding Program PNAN National Policy on Food and Nutrition PNDH National Human Right Plan PPA Multi-annual Plan Pronaf National Program for the Promotion of Family Agriculture Sisan National Food Security System TAC - Termo of Conduct Adjustment Unicef United Nations Children s Fund Publications: References VALENTE, Flavio Luiz Schieck. Direito Humano à Alimentação Desafios e Conquistas. São Paulo: Ed. Cortez, IPEA, Social Radar Condições de vida no Brasil. Brasília; Board of Social Studies (Disoc) PELIANO, Ana Maria T.M. (coord.). Um balanço das ações de Governo no combate à fome e à miséria Brasilia: IPEA, December

62 Homepages: Brazilian Action for Nutrition and Human Rights Abrandh National Committee for the Implementation of the Human Right to Adequate Food COMIDhA National Council of Food and Nutritional Security www. planalto.gov.br/consea ILO Convention ampro/brasilia/info/download/resolucao.pdf Voluntary Guidelines - Diretrizes.pdf Brazilian Forum on Food and Nutritional Security www. fbsan.org.br National Platform on Economic, Social, Cultural and Environmental Rights - plataforma/index.php Principles of Paris htm Zero Hunger Program Food and Nutritional Security Law consea/static/eventos/losan.htm 58

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64 Production Support