Right to Food (articles 4, 16 and 22)
83. Although the African Charter does not expressly protect the right to food the African
Commission held, in SERAC & CESR v Nigeria, that the right to food is inherent in
the Charter’s protection of the rights to life, health and the right to economic, social
and cultural development.
84. The right to adequate food is an individual right that is indivisibly linked to the
inherent dignity of the human person and is indispensable for the fulfilment of other
human rightsxxxvi that are also enshrined in the African Charter, including, in
particular, the rights to health, education and political participation. Enjoyment of this
right will particularly depend on the enjoyment of the right to water and access to
affordable energy for cooking.
85. The right to adequate food is realized when every man, woman and child, alone or in
community with others, has physical and economic access at all times to adequate
food or means for its procurement. The right shall therefore not be interpreted in a
narrow or restrictive sense which equates it with merely a minimum package of
calories, proteins and other specific nutrients.
86. The State has the following, among other, obligations to:
Minimum Core Obligations
a.
Take the necessary action to guarantee the right of everyone to be free from
hunger and to mitigate and alleviate hunger even in times of natural or other
disasters;
b.
Refrain from and protect against destruction and/or contamination of food
sources;
c.
Refrain from using access to food as a political tool to reward supporters,
punish opponents or recruit militias.
National Plans, Policies and Systems
48
d.
Develop national plans and policies to ensure food security, which includes
constantly accessible and quality food that meets the requirements of nutrition
and cultural acceptability;
e.
The plans and policies should address critical issues and measures in regard
to all aspects of the food system, including the production, processing,
distribution, marketing and consumption of safe food, as well as parallel
measures in the fields of nutrition, health, education, employment and social
security. Care should be taken to ensure the most sustainable management
and use of natural and other resources for food at the national, regional, local
and household levels;
f.
Ensure that national policies are designed and implemented so that food
consumed is culturally acceptable;