Human Rights Implications of Selected Indigenous Peoples and Minorities' Food Systems and Policy Recommendations Siri Damman and Harriet V. Kuhnlein Centre for Indigenous Peoples Nutrition and Environment (CINE) Working Group on Nutrition, Ethics and Human Rights Task Force on Indigenous Peoples and the Right To Food Standing Committee on Nutrition of the United Nations System. 35th Session, Hanoi, March 2, 2008 Presented by Siri Damman (siri.damman@medisin.uio.no) Department of Nutrition, University of Oslo, Norway The International Project on the Right to Food in Development (IPRFD) Objective of this study To apply a human right to food analysis to CINE s global case studies To suggest human rights based policy based on the findings 1
Sources of information 1) 12 case study papers (already published) Ainu (Japan) Awajún (Peru) Baffin Inuit (Canada) Bhil (India) Dalit (India) Gwich in (Canada) Igbo (Nigeria) Ingano (Colombia) Karen (Thailand) Maasai (Kenya) Nuxalk (Canada) Pohnpei (Federated States of Micronesia) 2) Supplementary information from relevant sources Three examples Awajun; 6 communities in Condorcanqui in the Lower Cenepa region, Peruvian Amazone The Maasai of the Enkereyian community in the Kajiado district of Kenya The Inuit of Pangnirtung in the Baffin Region in the Nunavut Territory, Canada 2
Why an interest in traditional foods and traditional food systems? Nutritional health: Traditional foods tend to be of higher nutritional quality than the market foods they are exchanged with A traditional diet protect against chronic disease (obesity, diabetes, CHD, etc) Physical activity protect against chronic disease Economy: Reduce cash needs (important in poor households with a dual economy) Human wellbeing: Promote sharing, independence, is culturally fulfilling Some Relevant Human Rights Standards 3
The UN Covenant on Economic, Social and Cultural Rights (ICESCR) 1966 Article 11.1: The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. 2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, The right to a way of life International Covenant on Civil and Political Rights (ICCPR) Article 27 In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture,. General Comment no 23 on Article 27 (The Human Rights Committee) states that...the rights of individuals under that article to enjoy a particular culture - may consist in a way of life which is closely associated with territory and use of its resources. This may particularly be true of members of indigenous communities constituting a minority 4
a way of life associated with land resources (General Comment no 23 cont d) Culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them Indigenous and Tribal Peoples Convention (ILO Convention 169) 2. c) Eliminate socio-economic gaps.. between indigenous and other members of the national community, in a manner compatible with their aspirations and ways of life. Article 7.1.a right to decide their own priorities for development as it affects their lives, well-being and the lands they occupy or otherwise use, In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly. Article 14.1. The rights of ownership over the lands which they traditionally occupy shall be recognised. 5
Ratification records Convention Peru Kenya Canada Int. Covenant on Economic, Social and Cultural Rights (ICESCR) Int. Cov. on Civil and Political Rights (ICCPR) Indigenous and Tribal Peoples Convention (ILO 169) No No Kyoto Protocol Matrix for the analysis of State Obligations in regard to the Human Right to Adequate Food Adapted from Oshaug, A., Eide, W.B., Eide, A., 1994. Human rights: a normative basis for food and nutrition-relevant policies. Foo d Policy 19 (6), 491 516. STATE OBLIGATIONS AS REGARDS FOOD SECURITY FOO D SECURITY ADEQUACY OF THE DIET STABILITY OF FOOD SUPPLY AND ACCESS TO FOOD STATE OBLIGATIONS Nutritionally adequate food Safe food Culturally acceptable food Environmental sustainability Economical& social sustainability Respect Protect Fulfill Facilitate Provide 6
Awajun; Condorcanqui in the Lower Cenepa region, Peruvian Amazon Source: Creed-Kanashiro H, Roche M, Tuesta Cerron I, Kuhnlein HV: Traditional Food Systems of an Awajun Community in Peru. Awajun: Nutrition and health situation Huampami health centre serves 20 percent of the population of the district. Additional Health Posts are of inadequate quality and coverage. Vaccines; 53 percent of children 18-29 months have received all their vaccines in Amazonas region Stunting (-2SD W/H): 0-2 years: 44%: 2-8 years: 49% Amazonas average: U5: 40,3% National average U5s 2000: 32,5% (Source stunting in Amazonas region and national average: WHO Global database on child growth and malnutrition) 7
Nutritional adequacy of the diet; food aid; safe food and water The energy intake is sufficient Children s diet may be low in iron and zinc Drinking water: Probably unsafe, from the river Possible mercury pollution of river due mining upstream (worries that fish may be contaminated) (No government action??) Food aid is received: rice, oil, beans, tinned tuna, tinned salmon, evaporated milk and sugared oats Awajun: Land rights and access to traditional food Traditional food: 90% of childrens diet; 96% of mothers Food system; 223 traditional foods and 12 market foods Hunting less successful than before Land rights have been granted to at least 5 of the 6 communities Drug agriculture nearby is hindring access to their land and food systems (Any Government action to support traditional food systems?) 8
The Maasai of the Enkereyian community in the Kajiado district of Kenya Source: Oiye S, Ole Simel J, Oniang o R, Johns T: Indigenous Peoples food systems, food security, and health: Maasai Additional input: Joseph ole Simel The Maasai: Nutrition and health situation No health services in community. Nearest dispensary 15-20 km away, has no drugs, no trained health personnel. Hospitals/health centre 40 km away, privately owned, too expensive Infectious diseases frequent Stunting (-2SD W/H): 0-5 years: 52,8% (World Vision Kenya, 2004) National average U5s 2003: 39,4% (WHO, 2003) 9
Nutritional adequacy of the diet; food aid; safe food and water, traditional food The energy intake and nutritional quality is insufficient Drinking water: Insufficient quantity; Unsafe, disease vectors; shared with cattle (No government action) Relief programs; People try to get donated food to save money (maize and beans) Traditional food of varying importance, about 10% of total energy. Land rights and access to and support for traditional food The arrival of the British; Maasai have had to leave the land. 1911 Treaty; Maasai moved from highland productive areas to arid areas. After independence, pressure from gov t, wildlife conservation organizations, from private sector (horticulture and flower business). Land sale facilitated by gov t Draught decreases carrying capacity of land Land rights in progress; fought for in court. Constitutional reform coming up Food system; Loss of land and drought undermines capacity to keep livestock. Government does not encourage or protect Masaai culture, food systems or traditional diets. We are supposed to be all Kenyans 10
The Inuit of Pangnirtung in the Baffin Region in the Nunavut Territory, Canada Source: Egeland G.M, Charbonneau-Roberts G, Kuluguqtuq J, Kilabuk J, Okalik L, Soueida R, Kuhnlein HV: Back to the Future: Using Traditional Food and Knowledge to Promote a Healthy Future among Inuit. The Inuit of Pangnirtung: Nutrition and health situation Health services: High turnover of personell Higher prevalence of diabetes type 2 than in Canada at large Stunting (-2SD W/H): No data. Obesity is an increasing problem, particularly among adults. Prevalence higher than in Canada at large. 11
Nutritional adequacy of the diet; government assistance; safe food and water Drinking water: Sufficient quantity and quality Food insecurity is reported Traditional Inuit diet of better nutritional quality than the purchased food Government Income Support provided to many Traditional food system contaminated by heavy metals and POP s (persistent organic pollutants). Government monitor content. Still considered healthier to eat than not to eat traditional food Land rights and access to and support for traditional food Land rights are acknowledged. Nunavut created in 1999. High degree of Inuit self-government i.e. with regard to policy. Hunting less important than before; still 41% of adult energy intake is from traditional food; only 23% of youth Ecosystem change linked to global warming The Federal Government took a leading role in food safety issues since end of 1980 s The Inuit are active in having the Canadian Government engage more in climate change debate The Federal Government (First Nations and Inuit Health Branch) encourage use of traditional food 12
Preliminary Policy Advice Disaggregate health and nutrition data for all vulnerable groups (Equal rights and the right to non-discrimination) Requested by human rights treaty bodies to show discrepancies in health and nutrition among groups Help monitor trends in discrepancies over time Factual information on inequalities may be used for lobbying Crucial for good analysis and human rightsbased policy 13
Respect and protect the special rights of traditional IP and minorities Increase insights on the threats and opportunities encountered by those depending on traditional food systems Ensure land rights when possible by law. When ensured by law, protect in fact Design food related policies through participatory approaches to reflect local needs and concerns Consider models of self-determination may be considered 14