National Conference on RTAF 1 ay One The National Conference on the Right to Adequate Food: A Collective Action for Policy Reform was formally opened with inter-faith prayers and offerings from leaders representing Islam, Christian and Indigenous Peoples. This was followed by the welcome remarks of Ms. Aurea G. Miclat-Teves, President of FoodFirst Information and Action Network-Philippines (FIAN- Philippines). The first day of the conference was facilitated by Dean Rosalinda Ofreneo of the University of the Philippines - College of Social Work and Community Development (UP- CSWCD) during the morning session and Atty. Ricardo Sunga of Free Legal Assistance Group (FLAG) in the afternoon. Welcome Remarks: In behalf of the National Food Coalition composed of more than 50 organizations and federations with more than 10,000 members, and the NFC Steering Committee represented by FIAN-Philippines, PDI, Philrights and AFRIM, I would like to welcome you in this historic opportunity for us to learn how to recast government policies to address our right to adequate food (RTAF). We would also like to invite you to become active participants and members of the NFC in our struggle to fight for our right to adequate food. I would like to welcome Dr. Flavio Valente and Ms. Yifang Tang of FIAN-IS and our friend from BFW-ED, Martin Remppis, whose commitment and dedication to RTAF cannot be measured. The National Food Coalition was born out of the need of all the sectors in Philippine society to respond to the growing hunger and impoverishment in the country. There have been scant discussions on policy reform on RTAF and the role of politics and power in explaining the vulnerability of the poor rural communities to hunger and malnutrition. Discussions are left wanting because they fail to engage the strategic issue on RTAF and the D “PAGKAIN SAPAT DAPAT” National Conference on the Right to Adequate Food: A Collective Action for Policy Reform Organized by the National Food Coalition Sulo Riviera Hotel, Diliman, Quezon City February 27-28, 2013
The National Conference on the Right to Adequate Food: A Collective Action for Policy Reform was formally opened with an inter-faith prayers and offerings from leaders representing Islam faith, Christian’s and Indigenous Peoples’. This was followed by the “welcome remarks” of Ms. Aurea G. Miclat-Teves, President of FoodFirst Information and Action Network-Philippines (FIAN-Philippines). The first day of the conference was facilitated by Dean Rosalinda Ofreneo of the University of the Philippines - College of Social Work and Community Development (UP-CSWCD) during the morning session and Atty. Ricardo Sunga of Free Legal Assistance Group (FLAG) in the afternoon.
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National Conference on RTAF 1
ay One
The National Conference on the Right to Adequate Food: A Collective Action for Policy Reform
was formally opened with inter-faith prayers and offerings from leaders representing Islam,
Christian and Indigenous Peoples. This was followed by the welcome remarks of Ms. Aurea G.
Miclat-Teves, President of FoodFirst Information and Action Network-Philippines (FIAN-
Philippines). The first day of the conference was facilitated by Dean Rosalinda Ofreneo of the
University of the Philippines - College of Social Work and Community Development (UP-
CSWCD) during the morning session and Atty. Ricardo Sunga of Free Legal Assistance Group
(FLAG) in the afternoon.
Welcome Remarks:
In behalf of the National Food Coalition composed of more than 50 organizations and
federations with more than 10,000 members, and the NFC Steering Committee represented by
FIAN-Philippines, PDI, Philrights and AFRIM, I would like to welcome you in this historic
opportunity for us to learn how to recast government policies to address our right to adequate
food (RTAF). We would also like to invite you to become active participants and members of the
NFC in our struggle to fight for our right to adequate food.
I would like to welcome Dr. Flavio Valente and Ms. Yifang Tang of FIAN-IS and our friend
from BFW-ED, Martin Remppis, whose commitment and dedication to RTAF cannot be
measured.
The National Food Coalition was born out of the need of all the sectors in Philippine society to
respond to the growing hunger and impoverishment in the country.
There have been scant discussions on policy reform on RTAF and the role of politics and power
in explaining the vulnerability of the poor rural communities to hunger and malnutrition.
Discussions are left wanting because they fail to engage the strategic issue on RTAF and the
D
“PAGKAIN SAPAT DAPAT”
National Conference on the Right to Adequate Food:
A Collective Action for Policy Reform
Organized by the
National Food Coalition
Sulo Riviera Hotel, Diliman, Quezon City
February 27-28, 2013
2 National Conference on RTAF
reform agenda to define who holds the power and how the balance of political forces in rural
areas can advance or retard significant change.
The conference aims to address this serious deficit by restoring the emphasis on the power
relations that increase the economic and political uncertainties and the multiple risks associated
with unclear policies and unresolved property rights in rural areas, and how these in turn
heightens the vulnerability of the rural poor to hunger and malnutrition, directly affected by
environmental and climate change.
The principal objective is to create a forum for assessing and learning from the collective actions
of the peasants and IPs at the ground level and the urban poor and other civil society groups at
the urban centers, learn from the Brazil experience with regard to our struggle for the right to
adequate food.
Specifically, the conference would like to define the next step process for the national platform
on RTAF; formulate an RTAF Campaign; learn from the experiences of other countries and
present a summary report of what has been done by the coalition.
The broader goal is to understand how the various Philippine policies on RTAF can be integrated
into a national policy framework and develop change strategies that will impact on the larger
issues of economic growth for rural and urban development
To show the glaring reality on the RTAF situation in the Philippines, please watch this video
presentation.
Video Presentation: Chicken ala Carte
Input:
SUFFICIENT FOOD FOR All
By Aurea G. Miclat-Teves
Convenor, National Food Coalition
President, FIAN Philippines
President, Peoples Development Institute (PDI)
Our conference comes at a very opportune time.
In three months, we will be electing our local executives and the members of Congress – our
representatives and senators.
Many issues are being raised by candidates competing for our votes. Some say they deserve our
support for championing reproductive health, some for freedom of information, others for wage
increases and agrarian reform, and there are those who say they will end political dynasties, etc.
etc.
National Conference on RTAF 3
These are all well and good. But as our groups are concerned with the right to adequate food, we
would like to know what these candidates have to say about food security and how they, as our
leaders and legislators, once elected, can make this a reality in the Philippines in our lifetime.
The Aquino administration is in the final half of its term and it is seeking our votes in the local
and congressional elections to support its candidates that will back its programs until the
president steps down in 2016. As it winds up its reform program, we need to make the
administration aware and see the urgency of crafting a national food policy before it bows out of
office. The crucial element in any platform to improve the lives of Filipinos is assuring food
security for the nation - or providing adequate food that is accessible to all, especially to the poor
in the rural and urban areas.
This challenge is especially directed at the candidates for congressmen and senators. They are
the ones who will legislate a national food policy at the direction of the administration whose
leadership in this regard must be clearly seen and felt. We must, therefore, determine which
candidates have made themselves informed of the issues involved in regard to food security and
are going to take the correct steps to address this problem and approach it from the right
perspective.
Hunger Haunts
So what is the food situation? This is graphically described by the hunger incidence.
The latest survey by the Social Weather Stations on hunger shows that the hunger rate has come
down from 21 % in the third quarter of 2012 to 16.3 % in the fourth quarter. That means the
number of families who have experienced involuntary hunger, or having had nothing to eat at
least once in the past three months, went down from 4.3 million in the third quarter to 3.3 million
in the fourth quarter. That translates roughly to 16.5 million individuals, based on an average
family size of five. That is roughly the size of Holland and about three times the population of
Singapore.
Looking further into the SWS reports from 1998 to 2012, however, shows that hunger has
steadily risen nationwide. In 1998, the average incidence of hunger in the National Capital
Region was 8.1 %; it more than doubled to 22.9 % in 2012. In the rest of Luzon, it increased
from 9.9 % to 17.8 %; in the Visayas, it rose from 11.3 % to14.6 %; in Mindanao it was 14.5 %,
increasing to 26.3 %. Over this period, moderate to severe hunger almost doubled to 19.9 % in
2012 from 11 % in 1998.
During these years, the official Philippine population figure rose from 60.7 million in 1990 to
76.51 million in 2000 and 92.34 million in 2010. So as our population steadily expanded, so did
the number of hungry Filipinos rise while undernourishment declined only slowly. Hunger has
been haunting the nation under the various administrations since the ouster of Ferdinand Marcos
- from Ramos' six years, Estrada's aborted term, Arroyo's nearly 10 years in office, and half of
Aquino's term. Is there hope that the 16th Congress will improve the situation?
4 National Conference on RTAF
Food is Life
Food, like air and water, is a basic human entitlement that no one can live without. It is a
personal and a human right. To regard food more as a need than a right will subject it to the usual
resource constraints that will make it compete with bureaucratic priorities, which, in the end, will
make it undeliverable in timely and sufficient amounts. The right to adequate food is no less than
the right to life.
There are three important elements of the right to food. Food should be adequate, available and
accessible.
The state is primarily responsible for ensuring that its people have access to enough, nutritious,
and safe food so that they can enjoy healthy and productive lives. Access entails providing
physical facilities and the economic means to obtain food. In the human rights framework in
which food is a basic right, the state's duties and obligations make it a duty bearer, which implies
accountability.
The right to food implies three types of state obligations - the obligation to respect, protect and to
fulfill. These were defined in General Comment 12 by the Committee on ESCR and endorsed by
states when the FAO Council adopted the Right to Food Guidelines (Voluntary Guidelines) in
November 2004.
As a national policy, the Philippines should aim at ensuring food security, self-sufficiency and
freedom from hunger of all Filipinos.
The Legal Framework
The assessment of the Philippine legal framework, or PLF, and the available recourse
mechanisms, national human rights institutions, law-making processes, and awareness of the
right to adequate food indicates that it falls short of the imperatives for realizing the right to food.
It does not sufficiently incorporate human rights obligations arising from the right to food,
including the state's obligations of international cooperation.
Various existing laws on food, food safety, availability, and accessibility are incoherent and not
complementary and sometimes conflict with each other. Their analysis of the different policies
related to food focused mainly on the three parameters - availability, accessibility and safety.
The 1987 Philippine Constitution does not explicitly recognize the right to adequate food but
there is recognition inferred from several provisions and constitutional intent. Article II seeks
improvement of the quality of life and social justice while Article III covers agrarian reform and
rights of subsistence fishermen.
National Conference on RTAF 5
National Food Policy
Before any policy is crafted, the government must first recognize its own shortcomings. The Asia
Pacific Policy Center study on the legal framework on the right to food of vulnerable sectors
found the following:
Government agencies are still largely unaware of their obligations in relation to the right
to food. A national survey also found that awareness and perception among the public
regarding their right to food varies by income class and educational attainment -- the
higher the educational attainment, the higher the awareness of the right to food.
The right to food is among the country's lowest priority areas for national spending, while
debt service payments account for one of the largest shares of the national budget.
The existing food legal framework does not enhance physical access to food, especially
by those most vulnerable to hunger, and the laws on availability need to be harmonized.
The food legal framework does not sufficiently address human rights obligations arising
from the right to food and falls short of the "Voluntary Guidelines to Support the
Realization of the Right to Adequate Food in the Context of Food Security."
Special laws and regulations for those most vulnerable to hunger or in special situations
(i.e., children, the elderly, persons with disabilities and persons with HIV/AIDS)
influence the hunger situation of these special groups.
The laws governing food prices do not significantly mitigate hunger, while laws
governing wages and employment are generally unfavorable to workers, and other laws
relating to income generating opportunities are generally flawed.
The laws governing access to credit influence the hunger situation in limited ways since
they do not actually enlarge access to credit.
The food safety laws recognize the notion of safe food that meets dietary needs although
they may not directly contribute to alleviating hunger.
In view of the findings, the National Food Coalition last year recommended taking three crucial
steps to respond to these shortcomings:
1. Adopt a national food policy, with the full and active participation of all actors
concerned, including those most vulnerable to hunger.
2. Use the national food policy to rationalize the legal framework governing food by
synchronizing laws, addressing contradiction in policy objectives correcting flaws and
ambiguities, repealing laws that obstruct the realization of the RTAF, aligning the budget
to the national food policy, enhancing the mandates of the national human rights
institutions and improving the process of law making.
6 National Conference on RTAF
3. Develop capacity with regard to the RTAF, and promote the rights-based approach to
establish and implement the national policy governing the RTAF for all and to monitor
the state's HR accountability.
Addressing hunger and extreme poverty is the most important policy challenge for our leaders.
The members of the 16th Congress has their work cut out for them and the first order of business
may be to formulate a coherent legal framework for the right to adequate food and craft the
national food policy.
Input:
INTERNATIONAL PERSPECTIVE: THE GLOBAL DEBATES ON RTAF
AND SOCIAL PROTECTION AND ITS INTERNATIONAL OBLIGATIONS
By: Mr. Martin Remppis
Bread for the World
1. Mr. Martin Remppis opened the discussion on his topic with the worldwide dimensions of
hunger. Based on FAO-statistics there are 868 million people suffering from chronic hunger
in the world. Approximately, 25,000 die of hunger every day. With this approximated death
figure are 16,000 children. Thus, there is a child dying of hunger every five seconds in the
world.
National Conference on RTAF 7
8 National Conference on RTAF
2. Based on various researches on the phenomenon of hunger in the world, it was found out
that:
A) More rural poor suffer from hunger that urban poor.
Source: Background Paper of the UN Millennium Project Task Force on Hunger
B) Women and girls are much more affected by hunger than men and boys.
C) Social exclusion and discrimination of people is the main reason for hunger (Indigenous
peoples, minorities, etc), and
D) Those who have limited self-help capacities (elderly, people with disability, etc.) suffer
hunger first.
3. Based on international laws, the States have the obligation to progressively realize all
economic, social and cultural rights. This progressive realization contains the different types
or levels of state obligations to respect, protect and fulfill. Respect-bound obligation means
that the State must not hinder one‘s access to food. Protect-bound obligation requires the
State to act and prevent third party entities from hindering one‘s access to food, while its
fulfill-bound obligation mandates the State to realize the right to food for everyone.
4. The obligation to fulfil can be disaggregated into three different obligations: a) The
obligation to facilitate requires the state to take positive measures to assist individuals and
communities to enjoy the right; b)The obligation to promote obliges the state to take steps to
ensure that there is appropriate education and information concerning the right (this is
however not mentioned in the General Comment No. 12 of the Right to Adequate Food); the
obligation to provide requires the state to ensure the enjoyment of the right by the
availability of food supply or the financial possibility to purchase food.
5. On the recent debate on the Access to Resources in which right to food is primary, the
Committee on Food Security (CFS) approved the Voluntary Guidelines on the Responsible
Governance of Tenure of Land, Fisheries and Forests in the Context of National Food
Security in May 2012. This is a new tool for governments and civil society organizations to
address land issues. A download is available under: www.fao.org
In the same period, the International Labour Conference adopted ILO Recommendation
Concerning National Floors of Social Protection. This is a new tool for governments and
civil society organizations to address basic social security. The document can be
downloaded under: www.ilo.org. NGOs that were involved in the drafting of the ILO-
Recommendations formed the platform Coalition for Social Protection Floor (SPF
Labor-based entitlement: (Unemployment benefit for public employees (GSIS),
Unemployment Loan Fund (Pag-ibig), Unemployed workers can seek assistance of Public
National Conference on RTAF 43
Employment Service Office (PESO) – DOLE, LGUs and TESDA for job facilitation and
training, Promotion of Rural Employment (PRESEED), Kalinga sa Manggagawa (Workers
Microfinance Program), Kasanayan at Hanapbuhay (KasH), Tulong Alalay sa Taong May
Kapansanan, Social Amelioration Program (SAP) for sugar workers, Self– Employment
Assistance – Kaunlaran (SEA–K) project - technical assistance and seed capital to poor
families, entrepreneurial skills development, Cash/Food for Work Program, Work-at-Home
Program – run by the National Council for the Welfare of Disabled Persons, Coconut
Farmers Safety Net Program -- aims to provide employment and livelihood as well as social
protection and security among the rural poor)
Trade-based entitlement: (Food subsidies/aid, Rice Price Subsidy Program -- ―Tindahan
Natin‖ (Our Store) -- provides low-priced but good quality rice and noodles
identified/endorsed by DSWD, LGU, Barangay Council, NFA Rice Procurement Program)
Transfer-based entitlement: (Conditional cash transfers [4Ps] of the DSWD, Senior Citizens
Medicine and Food Discounts, Food for School Program -- food subsidy for pupils in Grade
I, pre-school and day care centers, and who belong to poor families in identified vulnerable
municipalities or priority areas within regions of the Philippines.)
13. Looking at the situations of social protections in the Philippines in relation to the right to food, the
following are seen as gaps to the effective implementation of programs: a) Problematic targeting
system; b) Limited/low coverage, e.g. IPs, PWDs, elderly, out-of-school youth (exclusion), c)
Limited information dissemination of SP programs, d) Disjointed/fragmented programs, lack of
coordination among implementing government agencies; e) Insufficient budget; f) Lack of
meaningful peoples‘ participation in program development, implementation, monitoring and
evaluation; g) Lack of transparency in program implementation.
14. Based on the perceived gaps, rights-holders are challenged to conduct deeper and broader-reaching
human rights education; develop further its capacities in claiming rights through monitoring and
documentation of HRVs, accessing and utilizing redress and grievance mechanisms and structures –
local, national and international levels, participation in program and policy development, organizing
and organizational strengthening, international solidarity work and networking. Duty-holders
likewise must be educated on human rights and the rights based-approach to development;
capability-building in fulfilling HR obligations, e.g. passage of laws, effective implementation of
laws and policies, training of judiciary on the justiciability of the RTAF and other ESC rights, etc.;
strengthening linkages and collaboration with NGOs, Pos.
44 National Conference on RTAF
Speaker 2:
CLIMATE CHANGE AND FOOD SECURITY
Dr. Laura David
Deputy Director, UP MSI
1. Based on the study on protein consumption, the global average of intake is 16kg a year. In the
Philippines the figure is doubled to 30kg a year per person. Marine resources contribute a
significant portion to the food supply of the Philippines. 56% of Filipinos‘ protein requirement is
source from seafood while 44% is taken from inland sources.
2. The images below show a comparative presentation between the available supplies of our marine
resources as against the demands for food of the population.
Supply (based on images) vs. Demand (based on Regional population)
3. The burgeoning population poses a grave threat to food security of the country. The images below
capture the interplay of supply and demand based on the present situation (base-line data) as
projected in the year 2040.
National Conference on RTAF 45
4. It is considered by marine sciences that a small rise of sea level temperature affects the diversity of
marine culture. The image below highlights this impact of climate change in the country by cluster.
David, Borja, Villanoy, Hilario, Alino.
2013 for submission Climatic Change
46 National Conference on RTAF
5. Temperature, increased variability of precipitation, sea level rise, therefore have implications to
coastal health and food security in the Philippines. Coral reefs have repeatedly been adversely
affected by extreme temperature resulting in what is known as mass coral bleaching; sea grass get
buried when extreme rain events bring in high loads of sediments from the watersheds into the
coastal seas; and mangrove seedlings are extremely sensitive to the height of sea level. Overall,
fisheries are expected to decline with adverse impacts on food security.
6. Mariculture offers a pragmatic solution. Republic Act 8550 (The Philippine Fisheries Code of
1998) is a legal instrument that encourages and supports the establishment of mariculture facilities
in waters of all coastal municipalities. There is however, no established protocol on how these parks
will be established. This is highlighted with the example of how Mariculture Park of Bolinao
suffers some fish-kills due to obstruction of the flow of water oxygen in fish cages.
1970
’s
1980
’s
1990
’s
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
1999: Bolinao
Municipal
Fisheries
Ordinanc
e
Water Quality
Monitoring
Teams
training
MERSys
Php 500M loss >1600 structures
P. minimum bloom
èOxygen depletion
Php 100M loss Increase in SST Boom of
mariculture
Clear Caquiputan Advocacy
Php 50M loss Low D.O. ,
Neap tide
THE BOLINAO MARICULTURE TIMELINE
7. Based on the experience of the fisherfolks in Bolinao they are forced to understand the science of
mariculture, appreciate the timely education, implement drastic changes to arrest losses in their
business and comply with the law. These responses are reactions to the impact of fishkills in their
areas.
8. Potential for fish kills is exacerbated by too many structures in the water. Their response to this
external stress (ushered by too many structures in the water) is to clear Caquiputan channel.
Meaning, transfer some cages that obstruct the channel‘s flow of oxygen. Excessive fish feed also
compromise nearby habitats and associated productivity, thus clear education on the mode of
feeding is the immediate solution to lessen the impact of fish kills.
9. Contributing factors to fish kills include warming waters, harmful algal blooms, hypoxia,
eutrophication, reduced flushing rates [EXTERNAL STRESS]. Moreover, each action leading to a
fish kill not only affects the mariculture industry but also compromises the ability of the surrounding
benthic and pelagic habitat to be resilient to any additional pressures [POTENTIAL IMPACT].
10. Potential sites for mariculture must consider the following: a) fish kills happen in areas more prone
to sudden rise of sea temperature (SST); b) mariculture must be away from reefs and seagrasses; not
in mangrove forests and not in areas of high entrainment. If the country is to make a concerted
National Conference on RTAF 47
effort to secure our source of food, its planning and management of its mariculture needs to be
science-based. It should take action towards reduction of demand, protection of catch supply, and
smart mariculture site selection. Finally, there is an urgent need to implement HB 5202 or The
Environmental Assessment for Aquaculture in Lakes and Inland Water Act of 2011.
There was no open forum on the panel discussion #2 due to time constraints. Day one of the Conference
was concluded with some reminders from the organizers.
Day Two
Day Two of the National Conference on the Right to Adequate Food (RTAF) was opened with some
cultural presentations. The second day was facilitated by Ms. Aurea M. Teves in the morning and Mr.
Martin Remppis in the afternoon.
Panel Discussion III:
Speaker 1:
TOWARDS A NATIONAL FOOD FRAMEWORK LAW
FOR THE PHILIPPINES
Ms. Maria Socorro Diokno,
Secretary-General, FLAG
1. Ms. Diokno opened her presentation on the topic on what should be the minimum content of a
Philippine Food Framework Law. A framework law should have a clear: a) Declaration of Policy;
b) Targets or Goals; c) Strategies or Methods to Achieve Targets or Goals; d) Institutional
Responsibility and Mechanisms; e) Avenues for Recourse; f) Resources; and, g) National
Mechanism for Monitoring.
2. In its declaration of policy, the Philippines should explicitly recognize the right to adequate food as
a fundamental human right. right to adequate food is defined as freedom and entitlement (beyond a
minimum set of calories, proteins and other nutrients); and, the purpose of the law is to realize the
right to adequate food of every Filipino. Its targets or goals should clearly be time bound or with
concrete time-frames on issues of eradication of hunger, improvements in nutrition, elimination of
gender disparity in access to food/resources for food, and sustainable use and management of natural
and other resources for food. While, its strategies or methods should be based on the normative
content and corresponding obligations of the Right to Adequate Food, food accessibility (prevent
discrimination in access), food availability, and food safety. Examples of food accessibility include
enlarging women‘s access to, and control over, benefits from productive resources, including credit,
land, water and appropriate technologies; recognition and explicitly reference to gender-based
decision making and gender division of labor in food production, preparation, distribution and
consumption.
48 National Conference on RTAF
3. Food accessibility would mean: a) Protecting all persons living with HIV from losing their access to
resources, food and assets; b) Developing small-scale local and regional markets; c) Preventing
uncompetitive practices in markets; d) Developing corporate social responsibility and stressing
human rights responsibilities of business; e) Addressing unjustified barriers to international trade in
food and agriculture; f) Establishing well functioning internal marketing, storage, transportation,
communication and distribution systems; g) Improving access to land, water, appropriate and
affordable technologies, productive and financial resources; h) Investing in rural infrastructure,
education, health and social security; and, i) Improving access to the labor market.
4. Food availability would mean: a) Improving domestic production, trade, storage and distribution
facilities; b) Investing in productive activities, mobilizing public and private domestic savings,
developing appropriate credit policies, providing credits in concessional terms and increasing human
capacity; c) Adopting and implementing effective legal and regulatory framework; d) Adopting
sound economic, agriculture, fisheries, forestry, land use, and, land reform policies; e) Rationalizing
Philippine food laws and policies; f) Enforcing conservation and sustainable management of natural
resources; g) Undertaking agricultural research and development, extension, marketing, rural
finance and microcredit towards basic food production; h) Promoting and protecting security of land
tenure, and conservation and sustainable use of land; i) Promoting conservation and sustainable use
of genetic resources for food and agriculture; j) Maintaining ecological sustainability and carrying
capacity of ecosystems to ensure increased, sustainable food production, prevent water pollut ion,
protect fertility of the soil, and promoting sustainable management of fisheries and forestry.
5. Food safety examples include: a) Establishing comprehensive and rational food-control systems in
the entire food chain, including animal feed; b) Streamlining institutional procedures for food
control and food safety, eliminating gaps and overlaps in inspection systems and in legislative and
regulatory framework; c) Adopting scientifically based food safety standards, including standards
for additives, contaminants, residues of veterinary drugs and pesticides, and microbiological
hazards; d) Establishing standards for packaging, labeling and advertising of food; e) Preventing
contamination from industrial and other pollutants in the production, processing, storage, transport,
distribution, handling and sale of food; f) Providing adequate protection of consumers against
fraudulent market practices, misinformation, unsafe food, deception and misrepresentation in
packaging, labeling, advertising and sale of food; g) Establishing food safety systems and
supervisory mechanisms to ensure the provision of safe food to consumers, including provision of
assistance to farmers and other primary producers to follow good agricultural practices, food
processors to follow good manufacturing practices, and food handlers to follow good hygiene
practices; h) Providing education on safe practices for food business operators, safe storage,
handling and use within the household for consumers, and on food-borne diseases and food safety
matters for general public; i) Adopting and implementing measures to maintain, adapt or strengthen
dietary diversity and healthy eating habits and food preparation, as well as feeding patterns,
including breastfeeding; j) Preventing overconsumption and unbalanced diets; k) Promoting healthy
eating though food programs, home and school gardens, food fortification policies and programs; l)
Adopting and implementing special measures to address specific food and nutritional needs of
persons living with HIV; m) Promoting and encouraging breastfeeding; n) Disseminating
information on the feeding of infants and young children; o) Adopting parallel actions in health,
education and sanitary infrastructure; p) Paying special attention to practices, customs and traditions
on matters related to food.
National Conference on RTAF 49
6. A national framework law on food needs to establish clear institutional responsibility and
mechanisms. In this manner, the lead agency is identified and clearly mandated. Mechanisms for
inter-agency collaboration must also be set up, as well as mechanisms for effective collaboration of
all actors in the food sector. The mechanisms under the framework law can be avenues for recourse
for those discriminated through access, for those without security of land tenure, recourse for unfair
trade competition and for harm caused by unsafe food.
7. To make the framework law work on its mandate, allocation of appropriate funds must be made
together with identification of sources of funds. Specific rules or guidelines on fund use,
management and liquidation must be ensured.
8. A National Mechanism for Monitoring or maybe a ―National Coordinating Committee for Food‖ or
similar body must be set up.
9. There are two approaches in undergoing the process of coming up with a national framework law.
First, build national consensus and support for a framework law; and, second, adopt the framework
law. Both approaches require conscious and conscientious application of PANTHER principles.
Both approaches should be based on thorough human rights based analysis of the hunger situation
and food context. In building a national consensus around the framework law one must build a
campaign around the right to adequate food, adopt multiple strategies and participatory activities,
engage those with adverse opinions without resorting to unproductive confrontation and to
remember that the people‘s voice matters.
10. In adopting a law, first draft a national food framework law with clear orientation of what are the
non-negotiable provisions. The draft shall be subjected to multiple public validations; identify then
engage with legislative champions; provide technical expertise to legislators through position
papers, research materials, legislative briefings, etc; and, attend congressional hearings and meetings
and participate in technical working groups; learn lobby skills and undertake lobby activities; and,
track legislators‘ positions on the draft. Everybody must remember that this approach requires
flexibility. Lawmaking is largely a negotiation, so be prepared to give in when necessary while
standing firm on your bottom lines.
Speaker 2:
ENGAGING GOVERNMENT TO IMPLEMENT RTAF:
THE ROLE OF HRBA IN CAPACITY BUILDING
Mr. Max de Mesa
Chairperson, PAHRA
1. As a prelude to the talk of Mr. Max de Mesa, he presented the case of Tampakan mining in
Mindanao to highlight the need for capacitating individuals and communities to engage government
in the implementation of the Right to Adequate Food.
2. The Tampakan Project is a 2.4 billion metric ton deposit, containing 13.5 million metric tons of
copper and 15.8 million ounces of gold at a 0.3 % cut-off grade. The Project is operated by
50 National Conference on RTAF
Philippine-based affiliate Sagittarius Mines, Inc. (SMI) -- a joint venture between Xstrata Copper
and Indophil Resources. It is located in Mindanao, approximately 40 kms. north of General Santos
City. Situated at the boundaries of four provinces: South Cotabato, Sarangani, Sultan Kudarat and
Davao del Sur. It is one of the world‘s largest undeveloped copper-gold deposits in the Southeast
Asia-Western Pacific Region.
3. SMI will clear 3,935 hectares of forest and arable lands when it starts mining operations. It will
build its mine tailings facilities near one of the tributaries of Mal River, the biggest river system in
the Tampakan-Columbio area. The mine‘s life is expected to reach 70 years with more than US$
5.4B in needed investments. SMI has allegedly spent more than P10 billion already for exploration
and other activities of the company since 2000.
4. More than 1,000 families, majority of them belonging to the B‘laan tribe, will be displaced and
relocated once the company begins commercial operations. SMI promised to provide scholarships,
livelihood programs and whatever it is that they need or would help in their development. The
common perception of the B'laan community is that they would not be affected by the operations.
―As long as their ancestral lands would not be affected, they were willing to support the mining
company as it provides incentives that the communities need.‖
5. Damage to critical watersheds would leave thousands of farmers and fishermen with no means to
earn a living. The mine development would draw down the capacity of catchments that supply
drinking water and irrigation water to NIA irrigation systems that sustain 200,000 hectares of
agricultural land for 80,000 farmers in South Cotabato alone. The Tampakan project estimates a
water requirement rate of 908 liters per second.
6. The mining project proposes to store 1.65 billion tons of waste rock and 1.1 billion tons of tailings
in areas of high seismic activity. The open pit will not be back filled and the billions of tons of acid
generating waste rocks and wet tailings will require management in perpetuity. ―The Tampakan
mine has a high potential for loss of life and high environmental damage if a failure of dams or rock
storage facilities occurs‖. (Goodland and Wick 2010)
7. If SMI is allowed to operate, it would destroy the environment and contaminate the river systems. It
would dry up the irrigation system in the lowlands and the aquifers in General Santos and nearby
Koronadal City (according to the Catholic Church in South Cotabato). The mine areas are found
atop the headwaters of all the big rivers that drain into five provinces namely South Cotabato,
Sarangani, Davao del Sur, Sultan Kudarat, and Maguindanao, and the cities of General Santos and
Koronadal. Any degradation in this region will potentially result in the increased siltation of the
rivers, a decrease in the water level and a high risk of being contaminated by toxic materials coming
from the mine operation upstream (according to Catherine Abon, Geologist, UP NIGS).
8. In engaging government on the right to adequate food, we must first know our rights; know the State
obligations; and, build our capabilities. The following international documents may help us inform
our rights: UDHR, General Comments, ICCPR, ICESCR, CRC, CEDAW, ON MIGRANTS,
CERD, CAT, PWD, etc.
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9. There are three-fold obligations of the State on human rights. The obligation to respect requires
the state to refrain from doing anything to violate the integrity of individuals. It is a prohibition
against state action and interference depriving an individual from enjoying human rights. The
obligation to protect refers to state actions to prohibit third parties (including business) or others
from violating a person‘s rights. This is usually through policy and legislative measures that regulate
actions of third parties to ensure protection of the human rights of individuals. The obligation to
fulfill (facilitate or promote) requires states to take the necessary steps to adopt laws and other
measures aimed at achieving full realization of human rights. This obligation to provide exists
during natural disasters, wars and crisis situations where the individuals, peoples and communities
live in circumstances where they cannot secure these rights.
The Rights-Based Approach
52 National Conference on RTAF
10. Engaging the State on its obligations means knowing the relevant laws, policies and programs
related to the implementation and/or violation of the right to food. It means engaging the Philippine
Government in its three Branches: the Executive, the Legislative and the Judiciary; the National
Government and its Executive Departments and Agencies; the Local Government Units and the
local agencies and courts.
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11. The legislative process of the Philippine Congress follows the filing and first reading of a proposed
bill. After it is accepted, it goes to the committee in charge for hearing and reporting for the second
reading and third reading. After the bill passes the third reading, a bicameral committee shall take
charge of making versions of both houses on the bill coherent.
12. Human rights based capacity building points to skills development on data gathering, documentation
and analysis, training people to do their own data gathering, documentation and analysis, HR
Education Trainors‘ Training for people and communities.
13. There are existing studies on people‘s participation in the Local Development Councils which we
can access to for information regarding engagement with LGUs. In 2001 November - Study on
People‘s Participation in the LDCs by the DILG in collaboration with the Urban Resources and the
EBJF, supported by AusAid and the Phil-Australian Governance Facility (PAGF). In 2010
November – A Look at Participatory Governance in the Philippines, a rapid survey was conducted
by Code-NGO and PhilDHRRA and was presented during the Social Development Week
celebration of Code-NGO.
14. There are enabling policy framework for participation in the Philippines. First, the 1987
Constitution institutionalized the role of NGOs and POs in Philippine development. Article II, Sec.
23 provides that ―the state shall encourage non-governmental, community-based or sectoral
organizations that promote the welfare of the nation‖. Article XIII, Sec. 15 provides that ―the State
shall respect the role of independent people‘s organizations.‖ Article XIII, Sec. 16 provides that ―the
right of the people and their organizations to effective and reasonable participation at all levels of
social, political and economic decision making shall not be abridged. The state shall, by law
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facilitate the establishment of adequate consultation mechanisms.‖ Secondly, in the 1991 Local
Government Code, Chapter 4., Sec. 35 – ―LGUs should establish strong relations with the peoples‘
and non-government organizations on the delivery of certain basic services, capacity building and
livelihood projects and local enterprises. CSOs shall also be represented in the Local Special Bodies
(LSBs) to assist LGUs in planning and decision making. Sections 106-115, LGC – defines the local
planning bodies to consist of the Local Development Council and Barangay Development Councils
as the mandated local planning bodies, the Executive Committee to represent the LDC when it is not
in session, the Secretariat to provide technical and administrative support, and the Sectoral or
functional committees that will provide substantial inputs to the LDC and is more continually
engaged in all stages of the planning and development processes.
LDC
In Plenary
Executive
Committee
Secretariat
Sectoral or Functional
Committees
· Social
· Economic · Infrastructure
· Environment and Natural Resources
· Institutional
LOCAL PLANNING STRUCTURE as defined under Sec. 106-115, LGC
Local Development Council and Barangay Development Councils as the mandated local planning bodies
Executive Committee to represent the LDC when it is not in session and ensure that the LDC decisions are faithfully carried out and act on matters needing immediate attention by the LDC;
Secretariat to provide technical and administrative support, document proceedings, preparing reports and providing such other assistance as maybe required by the LDC
Sectoral or functional committees that will
provide substantial inputs to the LDC and is more continually engaged in all stages of the planning and development processes
15. There are also DILG Policy Issuances in support of the 1991 LGC provisions for peoples‘
participation namely: DILG MC-89, s. 2001; JMC # 1, s. 2007; DILG MC 114, s. 2007; DILG
Rationalized Planning System – 2008; DILG MC – 73 s. 2010.
16. Using available information and existing framework, we may venture into organizing and some
converging points. Particularly, we may venture into HRD formations, enhancing and maximizing
Barangay Human Rights Action Centers (BHRACs), Federations of BHRACs. We may come into
convergence at the territorial levels especially on the issue of the right to food using a multi-
disciplinary approach and this is of crucial importance.
17. The impact of climate change may lead us to consider some new approaches and ideas in pushing
for the realization of the right to food. One innovation is the Watershed Approach. This is about
―protection of the quality and supply of freshwater resources; application of integrated approaches to
the development, management and use of water resources‖ (Chapter 18 of the Agenda 21). We all
live in a watershed and we believe that a watershed planning approach is the most effective
framework to address the complex issues of the mining industry and above all food and water
security in the context of looming climate change impacts. With Climate Change as the ―new
normal‖ a watershed approach to adaptation, mitigation, anticipation and disaster management
where the forests and minerals are mostly located. A concerted and integrated effort using the
watershed as the planning domain is necessary. Landslide and flooding do not respect administrative
boundaries or local jurisdictions.
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18. Ecosystems are especially important for developing countries, where the livelihoods of many
people depend directly on healthy ecosystems. It may be good to consider adopting Total Economic
Valuation (TEV) and Wealth Accounting and Valuation of Ecosystem Services (WAVES) which is
an integration of TEV and natural capital accounting. WAVES is an initiative of the World Bank
which is supportive of ―responsible mining‖. WAVES is a comprehensive wealth management
approach to long-term sustainable development that includes all assets – manufactured capital,
natural capital, human and social capital. The methodological framework is the UN‘s System of
Environmental and Economic Accounting (SEEA) developed over the past 20 years. WAVES can
contribute to poverty reduction. Valuation of ecosystem services will enable better management of
ecosystems. Natural resources are an important asset for the poor. Improving the productivity of
natural assets can lead to poverty reduction by allowing the poor to accumulate assets of their own if
economic activities based on natural resources are not ―employment of the last resort‖. Ecosystem
accounting will also enable the measurement of who benefits and who bears the costs of ecosystem
changes. Essential for careful policy design so that the poor (who lack complementary private
assets) also benefit from improved productivity.
19. In engaging government on the right to food, we may maximize the upcoming elections to better
know how candidates would help us realize this. That, candidates integrate human rights as
preferred values in governance and development planning will make human rights the basis of their
governance and of their development plans; will develop their own local human rights plan in
coordination with the national HR plan of action; they will educate and train the security forces
under their jurisdiction from a human rights perspective; they will establish and/or strengthen the
formation of human rights defenders; esp. in difficult areas and situations, including the Barangay
Human Rights Action Centers; they will sponsor resolutions and plans relating the 9 international hr
instruments, which the State ratified, and implementing these instruments in their own areas of
responsibilities; they will appoint a human rights officer or set up a human rights desk or committee
that will oversee the implementation of human rights, among others, in governance, security
activities, public school curricula and in development plans, during the candidates‘ terms of office
and will serve as liaison to civil society‘s human rights defenders‘ formations. We can also make
use of the existing international and regional human rights mechanisms.
Open Forum:
Mike Udtohan: The objective of this conference is to come up with policy recommendations on
RTAF. Is there any way of consolidating all related laws on food so as to have a
holistic approach? Secondly, are there other countries‘ food framework laws?
Cookie Diokno: I don‘t know of other country‘s food framework law yet there is already a study
on all food related laws in the Philippines. The study found out that our laws on
food are not harmonized; while, others need to be repealed. The study
recommendations were already there since 2008. Among our existing laws, food
safety is very strong but food security and accessibility is questionable. Even as
there is study or research on this, we still do not have a framework law. All we
have are a million and one laws.
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Flavio Valente: Brazil has a national framework law on the Right to Adequate Food. RTAF is
part of the constitution, thus a national framework law is a must. FAO has a study
on existing laws and jurisprudence of various countries on RTAF which we can
access.
Monitoring and governance are important in the aspect of coming up with a
national framework law. Also, a broad popular support of people and
stakeholders makes the law work. In our struggle for the right to adequate food,
we must all carry the whole gamut of rights. RTAF can be an opening for the
realization of all rights for all; and nutrition must be present throughout the
discussion on food to make it a complete package.
Cookie Diokno: In the Philippines, we have the whole cluster on poverty. For our purposes we
have to point out the lead agencies to determine clearly the state responsibilities.
Max de Mesa: There is no ―Right to Food‖ program despite the glaring situation of hunger in the
Philippines. It is not even in the National Human Rights Action Plan or NHRAP.
Flavio Valente: The leading agency must be beyond poverty or food.
Martin Remppis:
There is a successful RTF-campaign in India in the form of litigation or legal
court battle. India‘s government is in the process of getting a National Food
Security Bill approved and presently there is a strong debate on the content of the
bill. The original idea of the bill is exactly to have a right to adequate food legal
framework. However the considered bill drafts are rather disappointing and
unfortunately the RTF-Campaign has only some general demands but is not
prepared to tell the government how a legal framework bill should look like. What
can we learn from the Indian friends: If we demand a RTAF-legal framework law,
we should also formulate its content details and advise the government
accordingly. For this we‘ll need legal advice.
Cookie Diokno: But, here in the Philippines, our court is not exactly an activist court.
Mike Udtohan: Are we sure and convinced that the framework law on food we are drafting is the
right one?
Cookie Diokno: It is good that we start this discussion, which needs deeper sharing, come up with
more recommendations from people who are hungry. For who are we to speak for
the people? We are just here to facilitate.
Ka Elvie Baladad: The National Land Use Act may be one of the laws we could use as framework to
harmonize all laws on food in the Philippines. If we do not protect our land, we
cannot talk about food sufficiency. We cannot talk of market without product.
Mining has even encroached into our irrigated lands. This is the experience in
McArthur municipality.
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Cookie Diokno: Just a caution. Our framework must not fall into a market-oriented framework.
We have to ensure that the orientation of our framework law is protection of the
rights and not economics and market primarily.
I cannot comment on your draft bill on land use since I have not seen it and have
not read it.
Patricia Gonzales: I really believe we need a framework law for implementation of state obligations.
What a framework law must have is a moral persuasion just like in Brazil.
Sophia Schmitz: What was the relationship of mining and food from the Presentation of Max de
Mesa?
Max de Mesa: It was used to usher in the need and struggle for a rights-based approach in
development.
Wilson Fortaleza: The reason we have disjointed, unharmonized laws especially on food is due to
the fact that we have no framework law on food which could be also under a
broader issue of social protection of which, we are all entitled to enjoy.
Conchita Masin: Unsafe food must be totally defined in the framework law particularly to protect
and educate mothers of is harm. Mothers are usually those that experience hunger
in the Philippines because they would rather give their food share to their young,
especially during food scarcity. There is hunger due to the nutritional content of
what they eat. Safe and sustainable supply of food must be ensured in the
framework law.
Cookie Diokno: We also need to review our food fortification programs in line with food safety
standards. It is unthinkable for a valueless junk food to be promoted because it is
fortified with vitamin.
Max de Mesa: The Local Government Units may also make ordinances to encourage local
production of safe and healthy food and provide local market for them.
Starj Villanueva: Our organization is leading a campaign on land rights and food sovereignty. We
conducted research on it to back up our advocacy. We observe though that during
dialogues with government agencies through the ―National Convergence
Initiatives‖ that they just talk about the issue and do nothing about it if not forget
it. Thus, there is a need for us to build a strong local resistance and strengthen
solidarity as a strategy.
Dennis Revagorda: Most of the targeted beneficiaries of the anti-poverty programs in the local levels
are not reached. How would we incorporate the question of governance to the
right to adequate food when duty bearers are remiss of their obligations?
58 National Conference on RTAF
Aloy Borja: If we ask today government officials about framework law, they would
immediately claim they have. But for us, what framework law are we talking
about?
Elsa Novo: We would like to request the panel to be with us in a forum on the Right to
Adequate Food and the Indigenous Peoples which we are organizing at the local
Indigenous Peoples‘ communities. (request granted on the spot.)
Cookie Diokno: The National Convergence Initiative or even the attempt to converge remains a
plan. When it comes to unity, the situation says not so because we still lack
appreciation of differing positions. At the local level, clearly power corrupts.
Thus we need to have a clear framework to advance our demands. But, how much
can we do, is a challenge for us all.
Max de Mesa: The framework we are using is human rights and the obligations of governments
to it. In our efforts for change we need to hone our capacities to be more
effective. As CSOs we need to converge not as an organization but in one clear
framework of unity, the right to adequate food.
Regional Reporting:
Luzon/Visayas/Mindanao Integrated Report
REPORT ON THE REGIONAL WORKSHOPS ON RTAF
Ms. Elvira Quintela, AFRIM
1. The Regional Workshops on the Right to Adequate Food (RTAF) were born out of the need for a
national policy on RTAF and the need for broader stakeholders‘ participation in the substantiation
and pressure mobilization for a national policy on RTAF. The objectives by which the activities
were conducted aims to understand the sectoral and community situation in relation to RTAF; to
identify RTAF issues/challenges, gaps in interventions and possible solutions; and, to formulate
action plans.
2. There were four (4) workshops conducted for RTAF purposes. Two sectoral workshops for IP
women (Luzon) and Urban poor women (Luzon); two multi-sectoral workshops conducted in Luzon
and Mindanao. Total participants numbered 52 females and 16 males.
3. The process by which the workshops were undertaken follows the presentation of the rationale and
objectives of the right to adequate food. This is substantiated by inputs and discussions on: poverty
and hunger situation; sectoral situation; RTAF and related international instruments; and, Ms.
Diokno‘s research document. Following inputs were group workshops on 1) issues/problems;
possible solutions; aspirations and expectations from the government; 2) formulation of action plan.
This is to extract ideas and sentiments of participants on the validity of the issues as being
concretely experienced. Video presentations on poverty and hunger documentaries capped each
workshop activity.
National Conference on RTAF 59
4. The random summary of the four workshop activities conducted, identified issues and problems in
each household and community point to: food insufficiency and where to source food;
unemployment, underemployment, insufficient income and contractualization of labor; malnutrition
and other health problems; lack of unity among community/family members; and the problem of the
non-consultative nature of LGUs on peoples‘ needs for livelihoods or in the implementation of
government projects; conflicts/violence in the community and household; theft/robbery for food;
wrong beneficiaries of CCT program; slow CARPER and IPRA implementation, including the
reversal of gains due to exemption claims; land conversions; encroachment of big businesses on
land, forest, and marine resources; lack of government services (social and agricultural); no/limited
access to credit; farmers are tied to traders due to high production cost; corrupt government officials;
marketing problems of farm products (buying stations and price support), competition (influx of
cheaper agri-products from other countries); mining and other extractive investments resulted in
environmental destruction and dislocation of IPs and small farmers; conflicting policies of the
government; export oriented economic policies; demolition and shelter/housing insecurity; armed
conflicts (resource or ideology-based); calamities due to improper waste management; calamity
funds have not reached the intended beneficiaries.
5. As to the questions on possible solutions to the issues and problems they identified, responses point
to the following: a) Employment/livelihood/extra income opportunities thru enhancement of local
economy; b) Enhancement of community-based poverty and hunger alleviation strategies (like
sustainable agriculture); c) Employment security; increased salaries/wages; d) Alternative livelihood
for IPs; e) More support for the education of children especially IPs; f) Engage LGUs on project
implementation transparency; g) Free medical services from the government; h) Fast track
implementation of IPRA and CARPER; i) Lobby for more government social and agricultural
support services delivery (maximizing participation in various local bodies); j) Enhancing capacities
of peoples organizations for claim making and active participation in local economy development.
6. Participants in the workshop have one general aspiration -- to be released from their current
situation. They long for an improved living condition. Such condition is characterized by:
Healthy and happy family/community, living together peacefully and in harmony with nature
Food always on the table
Sufficient income to meet family needs
Secured and conducive house for the family
Sufficient knowledge and skills on food production and income generation
Children are able to go to school
Empowered women/organizations
Able to access necessary social and agri-support services from the government
Sustained farm production and income
Access and control over common resources
State has fulfilled its 7obligations to the people
7. Among the actions participant intended to have for immediate purposes are: 1) training and
education. This includes particularly topics for women on vegetable production, household-based
income generating projects, sustainable agriculture and improved farm productivity, campaign skills
against extractive industries like mining and continuing education on RTAF, HR, VAWC and other
HR instruments. With these, there are needs to access funds from LGUs for IGPs, dialogues with
60 National Conference on RTAF
LGU on appropriate relocation sites and livelihood while continuing protest action on labor
contractualization, pushing for inclusive government scholarship program, campaigning to fast track
implementation of IPRA and CARPER, including follow-up of ongoing related cases, forest and
mangrove rehabilitation and monitoring of government‘s agri and aqua projects.
Workshop:
The Conference participants were divided into five workshop groups to tackle specific issues. Below are
the workshop issues and the facilitators for each group:
a) Assessment of Vulnerable Groups
Facilitator: Ms. Yifang Tang
b) Advocacy / Litigation
Facilitator: Mr. Ricardo A. Sunga
c) Monitoring of State Performance on Different Levels