Supporting the revision of national constitutional and legal frameworks for the right to food in Latin America and the Caribbean
Food and Agriculture Organization of the United Nations – Development Law Service
(
United Nations / Multilateral body
)
#SDGAction33367
Description
Ensuring the right to adequate food for all human beings is crucial to achieve the SDG2 “End hunger, achieve food security and improved nutrition and promote sustainable agriculture”. Responding to this challenge, FAO is actively working in developing transformative policies and regulatory frameworks to achieve food security and improving nutrition to guarantee the human right to adequate food, and combat malnutrition in all its forms. FAO supports countries in the adoption of legislative measures, from the constitutional recognition of the right to food to the adoption of laws and regulations across the different areas of food systems to foster food security and nutrition.
FAO works on a participatory basis, which acknowledges the importance of national stakeholders to own and command their own transformative process. Without the participation and consensus of key national stakeholders, changes in policies and legislation are not likely to succeed and stay in time. For the constitutional recognition of the right to adequate food in Cuba, as well as for the enactment of the Framework Law on Food and Nutrition Security and Sovereignty in the Dominican Republic, the development of consultations among the different actors interested in contributing to the discussions about the regulatory changes were essential. For the adoption of the Law on Food and Nutrition Security and Sovereignty in the Dominican Republic (Law Nº 589-16), the Development Law Service (LEGN) as part of the support team of FAO for this process, in close collaboration with the Parliamentary Front against Hunger from the Dominican Republic, supported the consultation processes to promote dialogue between the different actors involved and interested in the enactment of the Law. The Law was adopted in 2016. It established the institutional framework for the creation of the National System for Food and Nutrition Sovereignty and Security (SINASSAN), in charge of developing food and nutritional sovereignty and security policies. The Law is based on the principle that adequate food and nutrition constitutes a fundamental right of all human beings. The Law Nº 589-16 also establishes a National Council for Food and Nutrition Sovereignty and Security (CONASSAN) and a National Network for Food and Nutrition Sovereignty and Security (REDSSAN).
In Cuba, the 2019 constitutional recognition of the right to food in Article 77 enabled the drafting process of the Framework Law on Food Security and Nutrition, which is currently under consultation with national stakeholders. In the Dominican Republic, the approval of Law Nº 589-16 has enabled the design, development and implementation of all policies, programmes and projects aimed at achieving the right to adequate food in the country. In particular, the National Plan for Food and Nutrition Sovereignty and Security 2019-2022 was designed to implement the Law.
One key element for the success of both constitutional and legislative improvements was the participation of key national stakeholders. Consultations held to listen and integrate the concerns and proposal of different actors was crucial. Another linked key component of success was FAO’s existing relationship with the Parliamentary Front against Hunger in the Dominican Republic. Finally, the existing trend in the Latin American region to legislate on food security and nutrition as a result of the adoption by the PARLATINO of the 2012 Framework Law on the Right to Food and Food Security and Sovereignty.
Several countries in Latin America and the Caribbean are currently promoting constitutional amendment initiatives to enshrine the explicit recognition of the right to adequate food at the highest normative level, for example, Colombia and Perú. The same happens with framework laws to establish the institutional and regulatory framework to address food security and nutrition issues in a comprehensive way at the national legal systems, for example, Cuba, Colombia, México, Perú, Paraguay and Uruguay, among others. Therefore, framework laws on food security and nutrition are validated as an enabling and useful tool for the achievement of SDG2.
FAO 2020 Legal brief for parliamentarians in Latin America and the Caribbean No. 1. Right to adequate food in constitutions. Santiago de Chile http://www.fao.org/3/cb0448en/CB0448EN.pdf FAO 2020 Legal brief for parliamentarians in Latin America and the Caribbean No. 2. Framework laws on the right to adequate food. Santiago de Chile http://www.fao.org/3/cb0447en/CB0447EN.pdf FAO 2017 Parliamentary fronts against hunger and legislative initiatives for the right to adequate food and nutrition. The experience of Latin America and the Caribbean 2009-2016. Rome http://www.fao.org/3/i7872e/i7872e.pdf
In Latin America, FAO has entered into a “Joint work plan between FAO and the PARLATINO in the context of COVID-19”. This joint work plan includes the provision of technical assistance on legislation to reduce the impact of the pandemic in several prioritized areas, such as food security and nutrition. Counting on solid institutional and legal frameworks allows for faster and more effective responses to crises such as the COVID-19 pandemic. Countries in the region continue to work on strengthening their laws to ensure that, in emergency situations, food systems continue functioning so they can ensure the right to adequate food of their populations.
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Legislation on food security and nutrition benefits society as a whole. The success of both processes mentioned allowed FAO to consolidate good relationships with various national partners. The collaboration with the Parliamentary Front Against Hunger was strengthened, but ties and networks were also established with actors from civil society and academia, mostly through the Observatory of the right to food in Latin America and the Caribbean.
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BLAISE, Chief - Development Law Service