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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

Day 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 (FIANPhilippines). 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 (UPCSWCD) 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 National Conference on RTAF 1

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.

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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?

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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.

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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.

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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.

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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 o nes access to food. Protect-bound obligation requires the State to act and prevent third party entities from hindering ones 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 ILORecommendations formed the platform Coalition for Social Protection Floor (SPF Coalition).

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In October last year, the Committee on Food Security (CFS) endorsed the Policy Recommendations regarding Social Protection for Food Security and Nutrition (download under www.fao.org) At the same time, the UN Special Rapporteur on the Right to Food Olivier de Schutter and the UN Rapporteur on Extreme Poverty and Human Rights Magdalena Seplveda Carmona called for the creation of a Global Fund for Social Protection (GFSP). This call gained the support of the European Parliament. Open Forum: Dr. Ofreneo: Hunger is a rural phenomenon yet the trend in the Philippines is urban development. Thus, the Philippines is dealing more with the urban hunger phenomenon. What is your comment on this? The problems in the rural and urban areas are linked. Most of our perception, even with those in the international community is urban-biased. The studies leading to conclusion that hunger phenomenon is rural does not mean to neglect urban hunger. It is just to show that the percentage is higher in the rural than that in the urban areas. The Department of Social Welfare and Development in the Philippines is using the National Household Targeting System in identifying people to serve especially those experiencing hunger. We are also using this tool to reduce hunger in the country. Our department will hold consultations on the result of the recent vulnerability survey using this system and I am inviting members of the civil society organizations to participate in these events. Destruction of the environment leads to severe hunger in the country. This is aggravated by mismanagement of our officials. Good governance and environmental effects must be factored in the discussion. Respect, Protect and Fulfill are the most important aspects of the Right to Adequate Food and should be the underlying principles of our targeting and monitoring systems. People should be involved in the development of our targeting and monitoring systems for them to own these systems and make them work. It is the socially excluded people that are often directly affected by destruction of the environment and climate change. I agree that governance is the crucial factor when we discuss the Right to Adequate Food. Patrick Torres: Can we cite governments international human rights obligations when we advocate for the Right to Adequate Food? What are some international mechanisms we can resort to?

Martin Remppis:

Victoria Navida (DSWD):

Conchita Masin:

Martin Remppis:

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Monina Geaga:

The Right to Adequate Food is not only an issue of sufficiency but also of quality of food. Where in the global debate can we see discussions on the production of genetically-modified organisms (GMOs) since our government supports both organic and GMO productions? We are facing an immediate problem today regarding the Governments Land Tenure Improvement Program under CARPER since there are still about 900,000hectare balance and the program is due for termination. In our experience with land distribution, these 900,000 balance needs a 5-year period to implement. Is there a policy in your government that directly relates to our issue of land ownership. Yes, you can quote the governments international human rights obligations when you advocate for the Right to Adequate Food! The international human rights mechanism is regularly reporting to the Committee on Economic and Cultural Rights and also the Universal Periodic Review (UPR), which includes the review of ESCR-Rights of which the Right to Adequate Food is part of. NGOs have the opportunity to hand in parallel reports to the governments report. The mentioned Voluntary Guidelines on Land rights can be used as a framework in our advocacy. Of course, their nature is voluntary. However, they refer to legally-binding documents that force governments to fulfill their obligations. It can be of great help in the struggle of the landless. There is a big global debate on how we can feed the world in the future. BftW (Bread for the World) is convinced that GMO production, which means that farmers lose control over what and how they produce food, is not the right response to the question of feeding the world in the future. There is proof that GMOs contribute to a monopolized food production and to the loss of bio-diversity apart from the unknown health risks. We are convinced that we have to support a sustainable family agriculture with a diversified farmer-owned seed breeding to cope with the increasing demand for food. Our policy received important support by IAASTD (International Assessment of Agricultural Knowledge, Science and Technology for Development) which is an expertise of 400 scientists. You can get internet-information about IAASTD under www.agassessment.org.

Loida Rivera:

Martin Remppis:

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Input: THE RIGHTS BASED APPROACH TO FOOD SECURITY AND NUTRITION: THE CASE OF BRAZIL Flavio Luiz Schieck Valente MD, MPH FIAN International Secretary General Mr. Valente stated his presentation with a brief historical overview and comparison between Brazil and the Philippines. 1. During Brazils Colonial period (1500 1822) situation was characterized by: Concentration of land and wealth of a small elite Extensive monoculture agriculture for export African slave labor and Social exclusion Industrialization not allowed 2. Between 1888 to 1898, Brazil abolished slavery. During this period, 75% of its population were African slaves or of slave descent; the concentration of wealth and resources remained with the landlords; and exclusion of now freemen/women worsened. 3. 1900-1964 marked the period of Brazils Industrialization and import replacement while the country was still characterized by: Concentration of land and wealth Extensive monoculture agriculture for export Social exclusion 4. The country was under military dictatorship in 1964 1985 which the elite dubbed as the Brazilian Miracle because of massive construction of infrastructure alongside development of agro-industrial model particularly on soybeans production. Land grabbing for agroindustrial purposes led to the eviction of 7 million small scale peasant families. 5. Redemocratization process began in late 70s and 80s. Reorganization of the union movement, the establishment of the Landless movement and broad mass mobilizations marked the period. There was a struggle for direct elections in 1984; Constitutional assembly in 1988; and the first direct elections for president took place in1989. This period marked also the glaring dispute between two models of development in Brazil -- the Rightsbased framed development (constitution) and the Neo liberal development model which highlighted the issues of poverty, hunger, food and nutrition security. These have been actively responded to by citizens actions, social mobilization and the ascendancy of Lula to the presidency by popular votes, in 2002. Below is the graph showing the evolution of poverty in Brazil.

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6. The government formally responded to hunger and poverty issues with the setting up of Consea in 1993-1994 through a national conference directing for a national food and nutritional security strategy. The neo liberal government, which governed from 1995 to 2002, extinguished CONSEA and a worsening of social conditions was observed, with continued inequalitites. At the time of Lulas presidency (2003 -2010), the Consea guided the countrys food and nutritional security policy in an attempt to implement the administrations target of Zero Hunger. A clear reduction of extreme poverty and inequality has been observed since then. 7. One third of Conseas members are government ministries and two-thirds coming from the civil society organizations. It is a CSO-led mechanism, as its president must be coming from civil society and the secretary from government ministry. The council is a rights-based mechanism with strong civil society participation.

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8. The Zero Hunger strategy focused on three main components: a) the Access to Food, and b) strengthening of Family Agriculture, c) Income generation, and d)Social mobilizations, control and participation. Under Access to Food were components of access to income (Bolsa Familia), access to water (Cisterns), school meals (PNAE), distribution of vitamin A and iron, food for specific population groups, food and nutrition education, food and nutrition surveillance system (SISVAN), workers food program (PAT), local and regional food and nutrition security networks composed of community kitchens, fairs, urban agriculture and food banks. Under Strengthening of Family Agriculture component were: financing of family agriculture (PRONAF), agriculture insurance and harvest insurance, and food acquisition program (PAA). Under income generation component, were professional qualification, solidarity economy, social inclusion and microcredit. Under social mobilization and control, were the establishment of CONSEAs at state and municipal level, citizenship education and social mobilization. 9. Below is the regulatory Framework of the right to adequate food in Brazil. LOSAN in 2006 was a Rights based National Food and Nutritional Security Law. It has facilitated the convening of the CONSEA and set up a national system or the SISAN. LOSAN is ruled by the following principles (Article 8): a) Universal and equal access to adequate food without any form of discrimination; b) Preservation of the autonomy of and respect for the dignity of all; c) Social participation in the formulation, implementation, follow-up, monitoring and control of food and nutrition security policies and plans at all government levels; and d) Transparency in all programs, actions and public and private resources and in the criteria for allocation thereof.

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10. SISAN on the other hand is based on the following guidelines: 1. Promoting intersectoral governmental and non-govermental policies, programs and actions; 2. Ensuring the decentralization and collaborative coordination of actions within government; 3. Monitoring the food and nutrition situation, with the aim of contributing to the management cycle of policies for the area with different government bodies; 4. Combining the direct and immediate measures to ensure the right to adequate food through actions that improve the autonomous subsistence capacity of the population; 5. Coordinating budget and management; and, 6. Encouraging the development of research and the training of human resources. 11. On the governance of the right to adequate food system of Brazil: The National Food and Nutrition Security Conference approves the guidelines and priorities for the Food and Nutrition Security Policy and Plan. Two-thirds of its composition is from the civil society and one-third from the government. In this conference, all 27 federative units or States are represented. The CONSEA is charge of proposing guidelines and priorities for the deliberation of the conference and establishes the budget necessary for the Food and Nutrition Security Policy and Plan. Two-thirds of CONSEAs membership (counselors) comes from civil society and one-third from the government. Based on the guidelines issued by CONSEA, CAISAN (inter-ministerial body) prepares the Food and Nutrition Security Policy and Plan. It is in-charge of establishing guidelines, targets, funding sources, follow ups, monitoring and evaluation tools. Below is the structure of the CONSEA.

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12. Legal instruments to ensure the right to food in Brazil: LOSAN or the framework law on food and nutrition security establishes the charter of principles for the right to adequate food. It issues guidelines for State actions. It establishes the National Food and Nutrition Security System or SISAN. The PNSAN or the National Food and Nutrition Security Policy systematizes the guidelines issued by LOSAN for implementation. It details out management plan, funding and monitoring/evaluation procedures. It establishes the duties of the Union, States, Federal District and municipalities. The PLANSAN or the National Food and Nutrition Security Plan is the planning instrument of the right to adequate food. It defines objectives, challenges, guidelines and targets. It allocates public budget plan 13. Brazils national mechanism for the right to adequate food has resulted to reduction of hunger and malnutrition, reduction of poverty and inequalities, visible participation of formerly excluded populations, inclusion and promotion of small scale farmers through agrarian reform, credit facility and linkages to social programs procurement. It has also upgraded the nominal value of minimum wage, increased the number of formal employment, created the universal rural retirement pension system, facilitated dialogue on sustainable agriculture model with agribusiness model. It has guaranteed space for social movements to be heard, increased policy coherence with human rights and has provided a holistic approach to food and nutritional security. 14. What remains as challenges for the system are the following: Recourse mechanisms still largely insufficient National Human Rights System still weak, reform of National Human Rights Council needed Lack of effective regulation of the power of agribusiness and food industry, including marketing, ETO Correlation of power in society and Congress, political reform is needed Need for further dissemination of rights culture and of accountability mechanisms Conflicts between development goals and HR.

Open Forum: Patricia Gonzales: What is the role of Official Development Assistance (ODA) in your food program in Brazil? We used donations from the international community in the amount of $1 million rather than against ODA support of $41 billion US dollars with conditionalities from international financing institutions such as the World Bank. The current Conditional Cash Transfer (CCT) program of the government has not improved the condition of the poor particularly of women. It has led to lowering of self esteem of mothers instead because of the conditionalities attached to the program.

Flavio Valente:

Elsa Novo:

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Flavio Valente:

One program of the government should not be isolated from its other projects in order not to create another problem. Cash transfer should be used as buffers alone while focusing on developing capacities for the people. CCTs are actually dangerous. They could be used for political, personal and mindset change purposes. The Right To Adequate Food should not be reduced to CCT. Its important not to play off CCTs against empowerment and vise versa. The struggle is to deepen social protection, in particular for those with limited selfhelp capacity, and in addition, to struggle for resources or the access to them, which allow people to help themselves with self-esteem. For the realization of the Right to Adequate Food we need this intersectoral and overarching policy approach, which is directly linked to the governments respect, protect, fulfillobligations. Brazils experience and cha llenges on the Right to Adequate Food has provided us good examples particularly for us belonging to the Indigenous Peoples in the Philippines. Until today, we do not own our land and the CARPER is ending. We have not yet accorded our ancestral domain claims even as the law provides for it and agencies are set up by the government to facilitate immediate resolution of these cases. What suggestions can you provide with our current situation? There is always danger in copying programs though we do have the same problems regarding the Indigenous Peoples where 5% were not recognized by the government. Unity is needed. The Right to Adequate Food is a good issue to begin with unity discussions we (our sectors) are the ones producing food for the whole population. How did Brazil manage the food prices being the most speculative product in the market? Can you share something on your strategy for food sufficiency? Government programs in the Philippines are marred with corruption. How did your government avoid this?

Martin Remppis:

Elsa Novo:

Flavio Valente:

Wilson Fortaleza:

Danilo Salonga:

Flavio Valente:

Brazil has many mechanisms for food control but not in the market level. Food shocks happen without buffer fund, thus the Government of Brazil provides big buffers to farmers to produce food and to unify all to the struggle of Zero hunger. What were the mechanisms Brazil used in tracking poverty and assessing the impact of hunger mitigation programs? We are using the real mapping of hungry people by identifying them, the areas they are situated, disaggregating them, including grouping them by sector. We also conduct more detailed studies and come up with periodic baseline researches. The tools we use follow the self recognition of hunger which

Raquel Obedoza (NAPC): Flavio Valente:

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includes nutritional surveys, putting up of a surveillance system to houses on hunger, food and nutrition. The whole mechanisms will not succeed without monitoring including the monitoring of budget spending. Dr. Jenny Madamba: Flavio Valente Can we sue local governments for not fulfilling the obligation to progressively realize the Right to Adequate Food? Based on our experience, we established a tripartite committees at the local level with moral and legal capabilities. We ensure that people are informed of their rights and government is informed of its obligations.

Input: LEARNING FROM PRACTICE: DETERMINING NEEDS RTAF SITUATION IN THE PHILIPPINES Ms. Aurea M. Teves President, FIAN-Philippines 1. Food is life. Food sustains life. It is needed upon birth and no one can live without it. More than a need, food is a personal right if humanity is to survive. Food is lifes right. Food is a basic human entitlement like water and air. It is indispensable for human survival. Thus, the Right to Adequate Food is no less than the Right to Life. As a basic human right, the state is primary obligated and responsible to ensure that its people have physical and economic access at all times to enough, nutritious, safe food to lead healthy and active lives. Articles 2 and 11 of the International Covenant on Economic, Social and Cultural Rights provide for the need for government to progressively realize all rights by all necessary means. According to this document, 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 the means for its procurement. The Human Rights Based Approach to Development has the fundamental belief that human beings have basic entitlement to a certain standard of living. It focuses on the human person as the principal actor. It establishes the relationship between the person and the state and shifts emphasis to rights and responsibilities focusing on development by the people and not just for the people. The Right to Adequate Food also includes the issues of security and self-sufficiency. Food Security is achieved (at the individual, household, national, regional and global levels) when all people at all times have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life. Food Self-Sufficiency means countries and even smaller economic units (province, municipality, community) should have the domestic capacity to produce and store their needed food supply at least for staple food. Governments are advised to develop local food production to progressively reduce their dependence on imports of food crops. National Conference on RTAF 17

2.

3.

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5.

6.

Human rights laws mandate government to maximize available resources towards achieving progressively the full realization of HR by all appropriate means. Available resources mean physical factors, natural resources, human power, existing productive capacities, financial resources, foreign exchange, receipts from borrowing, grants, assistance, programs targeting vulnerable groups. There are three types of State obligations to realize the Right to Adequate Food. The Obligation to Respect government should not take any measures that arbitrarily deprive people of their right to food, e.g. regulation preventing people access to food. The Obligation to Protect - state should enforce appropriate laws and take other relevant measures to prevent 3rd parties, including individuals and corporations, from violating the RTAF of others. The Obligation to Fulfil (facilitate and provide) -- entails governments being pro-actively engaged in activities intended to strengthen peoples access to and u tilization of resources so as to facilitate their ability to feed themselves. The Right to Adequate Food is composed of core elements for its realization. Availability of food, requires that food should be available from natural resources through agricultural production, fishing, hunting, gathering or food should be available in markets and shops. Accessibility of food requires that economic and physical access to food should be guaranteed. Food should be affordable. Food adequacy means that food must satisfy dietary needs. Food must be safe for human consumption and free of adverse contaminants from industrial and agricultural processes, including residues from pesticides, hormones or veterinary drugs. The following graphs below present the hunger situation in the Philippines.

7.

8.

9.

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Incidence of Malnutrition, Philippines, 1990-2008 Year % of underweight children, 0-5 years old 1990 34.50% 1993 29.90% 1996 30.80% 1998 32.00% 2001 30.60% 2003 26.90% 2005 24.60% 2998 26.20%

10. In 2011, out of the targeted 243,000 hectares nationwide the government had reportedly distributed only 111,000 hectares of land. DAR Secretary Gil de los Reyes already admitted that DAR will not be able to finish land distribution, leaving around 500,000 hectares almost half of DARs target land distribution undistributed by 2014. The non-implementation of CARPER will affect 1.1 million farmers. 11. IP ancestral domain/ancestral land (AD/AL) has an estimated area of around 7.7 million hectares (that comprises 26% of the total 30 million hectares of the country's land coverage). Out of total 286 CADT applications, 158 were approved by 2012 covering a total area of 4,304,464.93 hectares with an IP population of 918,495. 12. By 2010, a total of 257 CALTs were approved covering an area of 17,293.14 hectares and with an IP population of 8,608.

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Summary of Approved CADTs

Summary of Approved CALTs

13.

Based on the PLF Assessment on the Right to Adequate Food: There is no explicit recognition of the right to adequate food in the Philippine Constitution, thus resulting in a weak Philippine legal framework on RTAF; The lack of a national food policy to serve as overarching framework to address hunger results in an incoherent, non-complementary and even conflicting Philippine legal framework; The national budget does not reflect the obligation to eradicate hunger, thus causing issues of poor performance in implementation of laws; Complaint and recourse mechanisms to vindicate violations of the right to adequate food are formally in place but in practice insufficient; mechanisms to enforce fulfillment of state obligations are non-existent;

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14.

The national human rights institutions contribute little to redress breaches of the right to adequate food due to tremendous imposition with regard to civil and political human rights violations and to limitations in their mandates; The law-making processes leave much to be desired; Government and public awareness of the right to adequate food is lacking; There is weak implementation of laws and policies and there is a lack of government support to agriculture, fisheries and agrarian reform; Conflicting policies cause crises in program planning and implementation; There are no safeguards to cushion the negative effects of food price volatilities.

Based on the assessment, the following are forwarded as recommendations: Adoption of a national food policy, with the full and active participation of all actors concerned, including those most vulnerable to hunger. Using 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. Capacity development on the RTAF, and the promotion of RBA for the establishment and implementation of the national policy governing the RTAF for all and to monitor the states HR accountability. The Right to Adequate Food Strategic Intervention:

15.

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Panel Discussion 1: Speaker 1: AGRARIAN REFORM AND THE RIGHT TO FOOD By Mr. Ricardo Reyes President, FDC 1. Links between agrarian reform and the right to food is first and foremost, the main PRODUCER of FOOD -- the FARMER, should be assured of adequate food, has developed capacity to produce, and leads a decent life yet this is not the reality in the Philippines. The data below show these discrepancies. Population Poverty Threshold (per month, in pesos) Food Threshold (per month, in pesos) Poor % Poor Magnitude Food Poor % Food Poor Magnitude Source: NSCB 2009 1,043 974 26.50% 23.1M 10.80% 9.44M Families 7,017 4,869 20.90% 3.86M 7.90% 1.45M

Self-rated Poor National Metro Manila Luzon Visayas Mindanao Source: SWS, Oct 2009 51% 40% 49% 60% 54%

Self-rated Hunger 40% 28% 43% 46% 37%

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2. Fishermen, farmers and children comprised the poorest three sectors in 2009 with poverty incidences of 41.4%, 36.7% and 35.1% respectively. The graphs below present these poverty statistics by sector and by major islands in the country.

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3. The data presented above were due to failure of major government programs related to food and land. For one, CARP and CARPER are limited laws and are impaired in implementation. CARP/er beneficiaries dont enjoy food sovereignty. Second, the right to food and food security were neglected major components of the CARP/er. Its LTI-BPD integration was not genuinely programmed based on its concept, budget allocation and mechanisms. It cutdown subsidies on the products. It failed to provide social wage through additional food and emergency food assistance, educational benefits to children and universal health care. 4. The impact on the RTF of the whole population can be summed up in the following: a) insufficient food production, thus the need for imports; b) agricultural processing and trading has long been an oligopoly, thus monopolistic pricing and super profits; and, c) liberalization, market regime worsened oligopoly. 5. The struggle for the Right to Adequate Food is also confronted with another big challenge. The issue of climate change placed the Philippines 3rd most vulnerable country in the world to climate disasters. Annually, 5% of GDP and 2% of GNP are lost to typhoons, floods, drought and landslides -- very limited and conservative estimates. 6. As an alternative to resolve current conditions there should be a new agrarian reform program which highlights: a) Consolidation of covered lands; b) Compulsory Acquisition of Uncovered lands (2 million hectares more of prime agricultural lands); c) A programmed LTI-PBD integration; d) Not CLOA, but ET; e) Breaking the monopoly/cartels in agricultural processing and trading: Nationalize or at the minimum, bring the State back as major player, f) Social Wage: Food, education and health. The right to food must be integrated into the agrarian reform program. The adaptation and mitigation for climate change must lead to shifting to sustainable agriculture and renewable energy. 7. Mr. Reyes concluded his sharing with a call for a dialogue between two big communities struggling for agrarian reform, the CARPER movement and the GARB movement with the help of CBCP/NASSA as facilitator.

Speaker 2: RIGHT TO FOOD, FOOD SECURITY AND RICE SUFFICIENCY By Romeo C. Royandoyan Centro Saka, Inc. (CSI) 1. Mr. Omi Royandoyan opened his topic with the Presidential pronouncements that rice selfsufficiency is possible in 2012. Quoting from the Business Mirror on November 3, 2011, the President said Every time I see the secretary of Agriculture, I say, When you submit your numbers to me, it looks like your target of 2013 is old news in terms of self-sufficiency in rice. It looks like 2012 is when youre going to be self-sufficient. He bragged about Philippine food security by saying, I am very pleased to note that our agriculture minister is a giving us a guarantee that theres no need for further importation of rice with the next harvest due in January. We will have an excess over that which is mandated as the strategic reserve in terms of rice. And what was done was not radical changes but rather just doing what was necessary. (President Pnoy, November 12, 2011, National Conference on RTAF

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Inquirer HONOLULU, Hawaii). President Benigno Aquino bragged to a group of corporate chief executive officers attending the APEC CEO summit about his administrations achievements in ensuring food security for the Philippines without having to employ radical change but simply by just doing what was necessary. 2. Dissecting State Policies on Small Farm Development (AFMA Modernizing Agriculture, AGRICOMM 1998), one may conclude that: a) with the agrarian reform program making much headway in breaking large estates into small farms, future Philippine agriculture will inevitably be dominated by small owner-cultivated farms; b) the predominance of small farms will predetermine the nature of technologies invented, products produced and institutions formed; c) the way we teach agriculture and formulate our priorities in research and development, the manner by which we produce commodities, and the institutions we create for agricultural modernization will be governed after the imperatives of small farms; d) poverty alleviation is the ultimate justification for the efforts to modernize the countryside. Agriculture and poverty are linked; most of the poor are in the rural areas. Thus, making agriculture more productive will help win the battle against poverty in general; e) on the whole, government spending for agriculture was very low compared with its contribution to the economy; f) there are three major areas where government spending must be focused in order to improve agricultural productivity. These are investments in infrastructure, education and training, and agricultural research; g) in sum, the five guiding principles: growth, efficiency, equity, efficiency, and sustainability (or GEEES); h) growth in agriculture is critical because of the relatively large size of the sector in the economy; i) that agricultural production be efficient in order that local products may compete with imported goods; j) equity means that benefits of growth are shared by the majority of the people. Sustainability requires that production maintain ecological balance so that the resource base will still be of use to our children and their children. In general, Philippine agriculture is being shaped by agrarian reform to become a family-based agricultural system. The governments Strategic Agriculture and Fisheries Development Zones Policy mandates the Department shall, within six (6) months after the approval of this Act, and in consultation with the local government units, Appropriate government agencies, concerned non-government organizations (NGOs) and organized farmers and fisherfolk's groups, identify the Strategic Agriculture and Fisheries Development Zones (SAFDZ) within the network of protected areas for agricultural and agro-industrial development to ensure that lands are efficiently and sustainably utilized for food and non-food production and agro-industrialization. Under PNOYs 2011-2016 Food (Rice) Staples Sufficient Program, its Food Staples Self Sufficiency Program (FSSP) aims to produce at least 21.11 and 22.49 million tons of palay by the end of 2013 and 2016; maintain per capita rice consumption at 120 kg/year; and increase production of non-rice staples by 3.5 annually. The grap hs and tables below present the administrations projection on this issue.

3.

4.

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Production Target (DA)

Target in Local Palay Production Particulars 2010 2011 Rice/Palay Requirement, M mt 13.16/ 13.44/ 20.25 20.68 Palay Production, M mt 16.24 17.46 Rice Self-Sufficiency Level 80.2 84.4 Increase in Palay Production, 1.22 M mt Harvested Palay Area, M ha 4.39 4.53 Increase in Harvested Palay 145 Area, T ha Target Palay Yield, mt/ha 3.70 3.85 Increase in Palay Yield, kg/ha : 150: cav/ha 3.00 Yield, Historical Performance

2012 13.58/ 20.90 19.20 92.0 1.74 4.67 136 4.11 262: 5.24

2013 13.72/ 21.11 21.11 100.0 1.92 4.81 140 4.39 279: 5.58

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Trend of Rice (Palay) Production, area harvested % yield, (including imports) 2000-2006 Year Production Area Yield % Imports Gro (M/T)* wth 2000 12,389,412 4,038,085 3.07 5.11 616,519.00 2001 12,954,870 4,065,441 3.19 4.56 739,428.00 2002 13,270,653 4,046,318 3.28 2.44 1,238,366.20 2003 13,499,884 4,006,421 3.37 1.73 697,836.20 2004 14,496,784 4,126,645 3.51 7.38 904,074,65 2005 14,603,005 4,072,000 3.59 0.73 1,804,783.93 2006 15,324,706 4,159,930 3.68 4.96 1,622,090.40 Trend of Rice (Palay) Production, area harvested % yield, (including imports) 2007-20011 Year Production Area Yield % Imports Gro (M/T)* wth 2007 16,240,194 4,272,799 3.80 5.96 1,790,269.35 2008 16,815,548 4,459,977 3.77 3.54 2,341,326.41 2009 16,266,417 4,532,310 3.59 -3.26 1,575,000.00 2010 15,772,319 4,354,161 3.62 -3.03 2,128,416.28 2011 16,684,062 4,536,642 3.68 5.78 Rice Program Performance: 2007-2011 2007 2008 2009 2010
Production (MT) Area Harvested (HA) Yield (MT/HA) Budget Php B 16,240,194 4,272,799 3.80 16,815,548 4,459,977 3.77 2,631,400 16,266,417 4,532,310 3.59 10,038,862 15,772,319 4,354,161 3.62 3,531,602

2011
16,684,062 4,536,642 3.68 4,317,216

2012

6,181,165

Palay: Crops Forecasts & Estimates January-December 2012 Source: Bureau of Agriculture Statistics (BAS)

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5.

Analyzing PNOYs Rice Sufficiency Program 2011 -2012 will lead us to opine that it is irrigation dependent. This is demonstrated by the pie charts below as compared to GMAs Rice Sufficiency Plan.

6.

The issue of rice production is also compounded by the problem of rice smuggling to the Philippines. On July 26, 2012, the Bureau of Customs (BoC) seized an estimated half a billion worth of smuggled imported rice from India, some 430,000 sacks in Subic Bay Freeport. This recent development accounts for the slow sales of locally produced rice due to price disparities. A 50 kilogram/cavan of local milled rice costs Php 1,400 @ Php 17.50/kg while smuggled rice are priced at Php 950 per sack/cavan but sold at for Php 1,200. Traders receive a net profit of Php 250 per sack without bothering with the production costs. If smuggling persists, palay price will go down Php 14/kg. Its effect, according to the Philippine Confederation of Grains Association (Confed), will be: Nobody wants to buy. Millers do not have the capital to buy palay because they have yet to move their old stocks. Private traders and rice millers buy/absorb/procure 97%/98% of total rice harvest (TRH). NFA buys only 3% of the TRH. To solve this issue, government needs to buy or procure 38% of rice production for Php 105 B from the farmers-growers since private traders/rice millers can longer procure palay from them. If government is remiss of its obligation to farmers, they will be forced to sell palay at the lower cost of Php 14/kg, almost the cost to produce a kilo of palay. Impact wise, rice farmers will stop planting rice or will continue planting but laden with heavy loans/debts. The claim of the Secretary of Agriculture that rice self-sufficiency is achievable in 2013 is without basis. There is nothing wrong for the government to aim for food (rice) self-sufficiency. In fact, farmers and organic rice farming practitioners and advocates strongly support this national goal. However, it is important to make a realistic assessment of the situation. Even the Task on Rice & Other Staples of Agriculture and Fisheries 2025 has raised doubts about the target of achieving rice self-sufficiency by 2013 or 2014. To attain rice self-sufficiency, palay production growth should average at least 7.10% per annum as against the historical growth rate of 3.4% per annum.

7.

8.

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9.

There are other critical factors to consider in the rice self-sufficiency program. Among experts in Philippine agriculture and fisheries the critical factors towards achieving food sufficiency are infrastructure measures, namely irrigation, post harvest facilities, and other so-called productivity enhancing programs. Research and development is also considered an important element. No doubt, these are important intervention elements. But this is only one side of the story. The other side is the role of the producers, the rice farmers and farm workers. Are their rights, property rights and means of production secured to fully participate in production activities? Secured property rights with direct support service (e.g. cost of production input support) will encourage farmers to produce more because these induce incentives. The absence of property rights erodes the capacity and incentives of farmers to be productive. Production will remain static (i.e. insufficient production) if the farmers in the country will always be in debt since farmers cannot invest on things that can improve production. Philippine Agriculture (PA) 2020 emphasized the importance of the link. T he problem of poverty cannot be adequately addressed without resolving the challenges of productivity and equitable access to productive assets by farmers and fisher folk. The infrastructure and property rights (or the equity and growth issue) nexus property rights not included in the rice self-sufficiency program. Philippine agriculture is basically oil-based. The current food production input regime relies heavily on chemical fertilizers. Nitrogen (N) fertilizer (a major production input in rice production) requires 1.80 liters of diesel oil equivalent (LDOE) (source: ted Mendoza). To produce a ton of palay (unmilled rice) requires 18-20 kg N, which translates to 215 LDOE. N fertilizer accounts for 50 -60 percent of crop yield. A 50% cut in fertilizer use will significantly slash production yield by 25%30% or about 4.0 million to 4.8 million tons of unmilled rice if prorated in 4 million hectares (16 million tons of paddy rice). Thus, an oil price hike will reduce the application of fertilizer. Reduced fertilizer utilization will lower rice yields per hectare. However the data on dealers prices by fertilizer grade from 2007 -2011 do not reflect or manifest the inverse relationship between the price of fertilizer and production output. In 2008 when the price of fertilizer was high, the production yield was also high. This is compared with production output in 2009, 2010 and 2011 when the prices of fertilizers were slipping. (See tables below). One possible explanation for this is that fertilizer prices affect not the rice yield but farm incomes and savings of rice farmers. Any increase in price of fertilizers raises cost of rice production. Farmers usually resort to borrowing and land pawning (or harvest pawning). The few who are lucky enough have some savings to pay for more expensive fertilizers. Bankruptcy among farmers is becoming more common. Fertilizers: Dealers' Prices by Fertilizer Grade and Year 2005 2006 2007 2008 2009 2010
Ammophos (16-20-0) Ammosul (21-0-0) Complete (14-14-14) Urea (45-0-0) 748.61 534.41 771.44 905.38 728.51 482.48 754.71 899.64 773.12 533.64 801.46 954.61 1,564.58 901.49 1,612.89 1,524.75 1,111.08 604.43 1,216.54 1,022.69 951.47 544.49 1,083.41 981.11

10.

11.

12.

2011
1,059.88 668.86 1,183.23 1,196.29

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Trend in Rice Production, 2007-2011


2005 Production (Total) Area Harvested Yield (MT/HA) 2006 2007 16,240,194 4,272,799 3.80 2008 16,815,548 4,459,977 3.77 2009 16,266,417 4,532,310 3.59 2010 15,772,319 4,354,161 3.62 2011 16,684,062 4,536,642 3.68

Table Poverty by Sector of Employment, 1985-2000 (%)


1985 1988 191 1994 1997 2000 Contribution total poverty, 2000

Incidence Agriculture 57.7 51.2 51.9 49.9 42.3 45.9 61.3 Mining 46.4 34.4 44.7 37.1 30.0 58.4 2.4 Manufacturing 31.4 21.9 20.9 16.5 13.5 16.1 4.2 Utilities 17.5 10.8 12.5 9.5 9.5 6.7 0.1 Construction 39.6 33.8 33.8 34.5 23.1 29.8 7.7 Trade 27.3 18.6 21.3 17.8 13.5 15.4 5.8 Transportation 27.8 24.1 22.5 21.2 13.7 18.2 6.1 Finance 13.2 8.5 6.9 7.1 3.0 9.1 0.7 Services 20.0 15.4 15.2 12.7 9.9 10.5 4.3 Unemployed 21.5 18.3 16.8 17.1 12.1 14.0 7.3 Source: Arsenio Balisacan, Poverty and Inequality, The Philippine Economy: Development, Policies and Challenges, Ateneo de Manila University Press 13. Another factor for consideration is the impact of climate change. 2.32 million hectares of potentially irrigable areas or 74.52% are at risk: 1.23 million hectares are being serviced by the irrigation system, 610,468 hectares or 79.80% of the national irrigation system and 469,339 hectares or 84.17% of communal irrigation system are at risk. Luzon-irrigated lands face the highest risk from climate change. Irrigated Lands at Risk to Climate Change Area Served by Irrigation System (ha)
Potentially Irrigable Areas (Has) National Irrigation System Communal Irrigation System Private Irrigation on System Total Service Area Irrigation Development (%)

Nature & Types of Climate Change Risks Luzon Bicol Visayas Mindanao (Caraga) Total Irrigated Areas at Risk

1,594,290 (51.02%) 239,660 (7.67%) 332,370 (10.63%) 162,300 (5.19%) 2,329,620 (25.28%)

478,176 (63.51%) 20,530 (2.68%) 82,335 (10.76%) 29,427 (3.85%) 610,468 (79.80%)

304,921 (54.68%) 70,050 (12.56%) 72,649 (13.03%) 21,719 (3.90%) 469,339 (84.17%)

111,853 (51.13%) 29,484 (13.57%) 12,504 (5.65%) 3,316 (1.53%) 153,841 (70.79%)

894,950 (58.12%) 120,064 (7.80%) 167,488 (10.88%) 54,462 (3.53%) 1,236,964 (80.33%)

56.10 50.10 50.30

53.10

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14.

On the use of water dams for irrigation: of the five water dams (Angat, Pantabangan, Binga, Ambuklao, Magat and San Roque), the NIA only directly manages the Pantabangan and Magat dams. During dry months when water (dam) level is low, the need for power generation and domestic water are prioritized over irrigation. Most of our dams are now privatized. The right to food can be achieved only if food, and in the case of the Philippines, rice, is readily available and accessible always, is safe and affordable for both producers and consumers especially for the rural and urban poor. Attaining the goal of rice self-sufficiency will not necessarily mean the poor have access to affordable food (rice). Right to food through a food security and rice trade liberalization point of view may not necessarily promote rice self-sufficiency. It encourages rice importation not only as a stopgap measure during times of shortfalls and as a regular and permanent mechanism to promote food security. Rice affordability and availability are the central consideration of this point of view, not rice self-sufficiency. The right to food rice self-sufficiency is both practicable and affordable for the urban and rural poor consumers too. This is only possible by shifting the farming approach to organic rice cultivation system, i.e. organic fertilizers and seeds will be sourced locally through seed banking. This approach believes that the cost of paddy rice production may be cut considerably by as much as 25% because fertilizer costs-utilization accounts 18% and seeds cost around 7% of the total paddy cost. Labor cost makes up 45% of the total paddy costs and shifting to organic fertilizers and seed can halve total expenses because cultivation can be done through community collaboration (community best practices). Field study (2x year/5 years) shows that organic rice farming yields between 4 to 5 mt/ha. The highest recorded rice yield so far was between 9 to 10 mt/ha using the SRI method. This matches inbred high-quality seeds rice yield of 4 to 6 mt/ha, with 10 mt/ha as the highest yield. Based on the current figures of rice production, the government is banking on its twin proposals: 1) to reduce palay procurement within the buying capacity of the NFA and 2) to phase out palay support price starting 2011/2012. These proposals are the opposite of what rice farmers and rural based-NGOs have been advocating for the past ten years. The NGOs advocate that rice farmers need support and protection in a context where rice trading is controlled by big rice traders. The proposal to reduce [if not eliminate] the capacity of the NFA to procure palay and allow the so-called market to determine the course of rice trading and pricing will further strengthen the rice traders stranglehold on the rice industry. It would simply allow the traders to continue dictating the present arrangement of buying palay from farmers at a low price or below production cost and selling high to consumers. Obviously, this arrangement is disastrous to both rice farmers and the consuming public. Nobody wins except the big rice traders. Thus, to counter government proposals, rice farmers recommend instead to strengthen buying capacity (domestic procurement) of NFA. Palay support price is the only government support that offers direct benefits to rice farmers. The current price support is fixed at Php17.00/kilo. Since production cost per kilo is PhP11.50, the current support price is sufficient for the rice farmer to secure profits. If the proposed reforms simply focus on procurement and price support without considering the whole paradigm of sustainable agriculture and the imperatives of small farm development, then the governments effort would be reduced to a one-shot palliative measure for a complex food security problem. National Conference on RTAF 35

15.

16.

17.

18.

19.

They propose a Special Small Farmers Fund, with a subsidized interest rate. The Task Force on Rice urges the government to contract a 40-year soft yen loan with 0.2% interest rate a year with a 5-year grace period. Because this loan has an almost zero cost of money, agricultural cooperatives, rural banks, and MFIs can lend to small farmers and small scale fishers at 6%-7% interest rate a year. The Japanese Yen loan of US$250 million can serve as a credit facility for small agricultural producers and small-scale fishers. The Agricultural Credit Policy Council of 15% interest rate per annum inadequately provides for the credit needs of farmers and fishers. The provision/allocation of Php400 million is quite small as against the huge credit requirement.

Speaker 3: GENDER AND THE RIGHT TO ADEQUATE FOOD By Ms. Patricia Gonzales, SARILAYA 1. Gender equality and gender equity is a matter of human rights. This principle applies to the right to adequate food. Gender equality is the concept that both men and women are free to develop their personal abilities and make choices without limitations set by stereotypes, rigid gender roles or prejudices. This means that different behaviors, aspirations and needs of women and men are considered, valued and favored equally; that women and mens rights, responsibilities and opportunities will not depend on whether they are born male or female. Gender equity on the other hand, means fairness of treatment for men and women according to their respective needs. This may include equal treatment for women, but often women and men need to receive different treatment in order to receive the same benefits and to experience their rights. It requires built-in measures to compensate for the historical and social disadvantages of women. In Philippine households, care giving and household work is mostly done by women, where work is unpaid and undervalued. In times of food crises, women give way to other members of the family, especially their children in prioritizing food intake. These are some gender issues on the right to adequate food. The data below present the experience of the children. About 18% of children skipped/missed meals because there was no food or money to buy food, 8.2% experienced not eating for a whole day because there was no food or money to buy food, and 15.1% went hungry and did not eat because there was no food or money to buy food.

2.

3.

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4.

According to the 6th National Nutrition Surveys, Household Food Insecurity 2003, Food and Nutrition Research Institute, Dept. of Science and Technology, More mothers than children had experiences of food insecurity, which reflects the innate childcaring quality of Filipino mothers/women in general.

5.

One of the MDG targets is the reduction of the proportion of people who suffer from hunger by 2015. One of the official indicators, from the NNS, is the proportion of households with per capita energy intake of less than 100% adequacy. From the data of the 2003 Household Food Consumption Survey NNS, 57% of households had per capita energy intake that was less than 100% adequate. Looking at the trends of the proportion of households who are not eating enough and poverty the association is clear. Hunger is poverty-driven. Decreasing poverty and decreasing proportion of households with per capita energy intake less than 100% adequacy.

6.

Quite a number of modern day diseases come as a result of consuming unsafe food or food that can cause chronic ailments like diabetes, cancer, heart ailments and the like. Food production methods like chemical farming render food unsafe and destroy the environment. Unsafe food consumption has possible impact to our genetic make up and that of future generations (e.g. GMOs). National Conference on RTAF 37

7.

Other gender-related issues to the right to adequate food include unequal pay for equal work and gender gap in access to work. Gender disparity in wages persists. Gender stereotyping in the labor force is also an issue that affects the income divide between male and female. Women are invisible in the productive labor especially in the agriculture, fisheries and forestry sectors, where household labor are mobilized. It is only the fathers as heads of the family that are recognized and given a formal wage. This results in lower per capita income because of the invisibility of women labor in the value chain. The invisibility of womens reproductive labor means invisibility of small-scale farming, their roles in fishing, etc. It also impacts on their reproductive health and rights as it relates to poverty particularly, the lack of specific social protection programs for people who do reproductive labor, most specially women. It limits access and control of resources, e.g. land rights, evictions from homes and from sources of livelihood. The non-recognition of womens productive work as farmers leads to their losing legal rights to own or co-own land and other resources. Women are also excluded or have limited participation (particularly the marginalized women) in policy-making bodies making them lose their right to decide on matters affecting them. Their perspective is not integrated in mainstream policies. As a way forward, there is an urgent need to strengthen legal framework for the right to adequate food and gender equality by declaring them as legitimate rights. The government must ensure the implementation of the Magna Carta of Women and other laws that promote gender equality; breastfeeding; sustainable agriculture, and diversified farming systems. Social protection policies must ensure recognition of womens productive and reproductive role. There must be an active promotion of consumers welfare by advocating for food safety and more nature based food; and, womens perspectives must be integrated in socio economic development.

8.

9.

10.

Plenary Session: Conchita Masin: Our unity to push for the fulfillment of CARPER must not be fixed on the size of land or hectarage for distribution; it should also be on how to achieve adequate food. But how is it to achieve the right to adequate food when support and information has not reached the majority? I agree with the idea of Conchita but not totally regarding the size of land for distribution under CARPER. We also need to consider the size of the land since it is provided by law as targets. Productivity of the land is another thing which need immediate support from the government. In the Philippines, women know more about production and cost of production. The reality in the rural areas -- it is the women farmers who keep the managerial functions of farming. They have the innate capacity to stock the nitty gritty and budgeting of farm production compared to their male counterparts. The sorry state though, they remain invisible in the production environment.

Ric Reyes:

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Omi Royandoyan:

Only 10% of the Philippine rice producers have 3 or more hectares of productive land, the remaining percentage has below 3 hectares ownership and they live below poverty line. Thus, there is a need to diversify production but we need a substantial amount of support from the government. This would be impossible with the latest development within the agrarian support agencies of the government. The Department of Agrarian Reform (DAR) is planning to be dismantled by 2014 and transfer its important services to the Department of Agriculture (DA) which in turn has a substantial budget for rice production that has not trickled down to the small farmers. Currently the government is not planning any subsidy except for the Conditional Cash Transfer (CCT). Our advocacy towards property rights is not sufficient to address the problems small farmers are facing; we need to devise a holistic approach to the issue of land and production.

Martin Remppis:

Since women and girls are more affected by hunger than men and boys, it is imperative for the realization of the Right to Adequate Food that gender justice is considered and reflected in the policy strategies. Gender justice goes beyond womens empowerment because it can only be achieved if also men change their habits. Therefore we need more men getting involved in gender justice initiatives and strategies have to be developed that include the change of attitude and behavior of men. In Latin America, BftW funds masculinity workshops for men who discuss their role and contributions in the struggle for more gender justice. Right to food is always referred to the poor whatever food products we produce. Meaning, it has not affected the rich. If the rich says theres poverty, the world would listen to them and thereby the statement has impact. Maybe lets consider this strategy when campaigning for the right to adequate food in the future. The expectation of this conference is to come up with policy recommendations. The Right to Adequate Food is situated as central to our struggle but there are also many policies related to food that need also to be addressed like gender, production, technology, etc. The issue on the right to food becomes too big and we may run out of focus in terms of policy recommendations. I have not heard of any data regarding Moro or IP and on the Voluntary Offer to Sell. Most of us need more education on this particularly on how these issues are interpreted from the Islam point of view. Local Government Units particularly in the rural areas do not really know about gender and women issues and concerns. How can we force local governments to implement existing laws? We have so many breakthrough laws on women yet the common experience is the lack of implementation. These laws provide us the environment though and there is a lack of internalization on the part of the LGUs on women and gender. National Conference on RTAF 39

Ed Mora:

Mike Udtohan:

Sandra Salidatan:

Roxanne Veridiano:

Pat Gonzales:

With respect to differences in faith and culture, we have to recognize these existing cultures to forward our advocacy on women. These cultures are not actually antiwomen. Knowing and recognizing the different approaches based on specific culture and tradition must be enhanced to determine effectiveness of our advocacy. Omi Royandoyan: All the questions raised in the plenary are all very good but they are best responded to by government representatives. The panel today is all critical of the government. One thing I think is that we do not have critical mass to influence policies and push for their implementation. There is no strong social movement and we have not covered most ground. Government position is to shift to hybrid production to achieve rice sufficiency. We cannot venture on organic production on our own, we need strong support from the government but this is not heeded. One of the reasons why the government says NO to organic production is because it is too expensive. This is further worsened by the goernments desire to follow all the dictates of GATT -WTO. There is no critical mass to help us assert our points which is needed towards the reversal of economic policies to experience the effectiveness of reforms.

Panel Discussion 2: Speaker 1: SOCIAL PROTECTION AND THE RIGHT TO ADEQUATE FOOD By Dr. Nymia Pimentel Simbulan Executive Director, PhilRights Professor, University of the Philippines Manila 1. The right to adequate food is essential for a life in dignity. No human being will grow and develop his/her physical attributes, intellectual and psychological potentials, and even spiritual make-up, without the right to adequate food being realized and promoted. Every human being possesses this inalienable right which is interrelated and interconnected with other human rights like the rights to life, education, health, work, housing, freedom of expression, peaceful assembly and association, and freedom of religion. The right to adequate food is indispensable for the enjoyment of all human rights. Likewise, the non-fulfilment of the right is a consequence of the violations of other rights like the right to work, education and health. The Philippines recognizes the right to adequate food of every Filipino citizen being a State Party to the International Covenant on Economic, Social and Cultural Rights (ICESCR), CRC, CRPWD & CEDAW. But it has not been effectively realized as evidenced in the factors and conditions leading to the violation of the right to food particularly on how government designs its National

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Development Paradigm. Historically, the government has pursued a neo-liberal development framework and model anchored on such policies as liberalization, privatization and deregulation. a. Land conversion policy, e.g. aquaculture, biofuels, cash crops; b. Liberalization as reflected in the extractive industry particularly mining, displacement of local enterprises and local producers due to uncontrolled entry of imported tariff-free goods, e.g. agricultural products, livestock and poultry products, fish, dairy products, etc.; c. Destruction of the environment and sources of livelihood due to activities and/or projects like mining, logging, dam and hydroelectric power construction, aerial spraying, overfishing, intensive use of chemical inputs, etc.; d. Commodification of the commons, e.g. water, nature; e. Export-oriented economy, e.g. high-value crops; 4. Another factor is the snail-paced and problematic implementation of the CARPER: a. Landlord resistance resulting in violence; b. Lack of adequate support services to agricultural sector like infrastructure, subsidies, inputs, irrigation, storage facilities, etc. Employment problems are also considered as a factor in the violation of the right to adequate food. There is the rising rates of unemployment and underemployment, low and/or irregular wages; labor contractualization/casualization; and, the expansion of the informal economy. Prices of basic commodities have continuously gone up. The price of rice increased 68% between 2000 and 2008 (DA). Regular milled rice increased to P29.38 per kilo (from P17.59); well-milled rice to P32.71 per kilo (from P19.45). There is lack of access to information that will address issues of food quality, food safety and preparation. We are developing a fast-food or junk food culture which bombards us of with all forms of mass media ads/commercials and the questionable safety of our street foods. Natural and human-made disasters and calamities also affect the enjoyment of the right to adequate food. These results in physical and economic displacements of families and communities; loss of property, sources of livelihood; overcrowding in evacuation centers; poor disaster relief, rehabilitation and support mechanisms and structures of LGUs. Compounded by the reality of food monopolies and dynasties in the country (rice cartels, food traders and middle-persons), the situation of the right to food is worsened. The situation of the RTAF of the Filipino people reflects the numerous risks, vulnerabilities and deprivations, brought about by the interplay of factors and conditions at the local, national and global levels, making it difficult, if not obstructing, peoples enjoyment of the RTAF and living a life in dignity. With the worsening state of the peoples RTAF brought about by weaknesses, if not failures, in economic and socio-political environments, lack or shrinking resources, and capacities, the State is obligated to take immediate and effective measures in observing the right to social protection of the people. Social protection is defined as encompassing a wide range of policies designed to address the risks and vulnerabilities of individuals and groups, both those who can and those who cannot work, in order to help them cope and overcome situations of poverty, especially when it results from incidents outside their control. It includes a broad range of instruments ranging from safety nets, social assistance and social insurance to mutual and informal risk management. National Conference on RTAF 41

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Social protection systems are generally structured around three main objectives or functions: a) Contributory or insurance-based schemes, e.g. Social Insurance to manage risks that provide insurance against unemployment, illness, retirement, and other disruptions to formal employment; b) Non-contributory schemes or Social Assistance (like food rations, CCT) - contributing to the ability of chronically poor people to emerge from poverty and to challenge oppressive socio-economic relationships; safety nets to help the poor cope with shocks, emergencies; c) Social justice for inclusion, supporting the less active poor (such as the elderly, persons with disabilities and children) so that poverty will not be inherited by the next generation. Social protection policies and programs should adopt a rights-based approach (RBA) to effectively address risks, vulnerabilities, discrimination and deprivations of individuals, peoples and communities. Social protection system that is rights-based is anchored on the PANTHER Principles: P- articipation: active, free, meaningful participation of rights holders in all decision making process, especially those affecting their rights; A- ccountability: making rights holders exercise their rights responsibly and duty bearers fulfill their obligations; States and other duty bearers to be answerable for the observance of human rights; N-on-discrimination and Equality: no one is left out, marginalized, unaccounted for in the development process, i.e. programs, services, information, participation, etc.; T- ransparency: ensuring access to information; being open and above board in running government affairs; no secrets or under the table dealings; H- uman Dignity: overcoming claimholders vulnerabilities; treated with respect and as a human person; putting up safeguards to prevent discrimination; E- mpowerment: Meaningful participation in government affairs, i.e. decision making, formulation of policies, programs, implementation, monitoring and evaluation; exercising power; R- ule of Law: fighting impunity, access to justice, claiming the right of reparation; effective mechanisms of redress. Essential elements of social protection programs include: a) Assistance for health care, sickness, old age, unemployment, employment injury, family and child support, maternity, disability and survivors and orphans; b) Level of benefits must be adequate, and the qualifying conditions for the benefits must be reasonable, proportionate, transparent and accessible to those who are entitled to them; c) Targeting system should be based on the principles of equality and non-discrimination; d) Access to accurate, complete, up-to-date information is important; e) Peoples meaningful participation is paramount; f) Availability and accessibility of mechanisms for redress. In the FAO study conducted by Rosemarie Edillon on social protection and RTAF, the following forms of social protection have been identified to be present in the Philippines: Labor market programs (labor exchange services, training, employment generation, unemployment insurance, labor standards) Social assistance (Micro and area-based scheme, Micro-insurance, Disaster management, Social funds) Social insurance (old age, disability, death, sickness, maternity, medical care, work injury) Child Protection (Family allowance) Production-based entitlement: (Seed subsidy program, agricultural insurance - Philippine Crop Insurance Corporation (PCIC)) 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

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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 (SEAK) 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.)

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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 progr am development, implementation, monitoring and evaluation; g) Lack of transparency in program implementation. 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.

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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. 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)

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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.

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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

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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. 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.
THE BOLINAO MARICULTURE TIMELINE

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Water Quality Monitoring Teams training

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Php 500M loss >1600 structures P. minimum bloom Oxygen depletion

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Clear Caquiputan Advocacy

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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. 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 channels 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. 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]. 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

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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. 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 womens 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.

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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. 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 pollution, protect fertility of the soil, and promoting sustainable management of fisheries and forestry. 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

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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. 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. A National Mechanism for Monitoring or maybe a National Coordinating Committee for Food or similar body must be set up. 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 peoples voice matters. 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. E verybody 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.

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Speaker 2: ENGAGING GOVERNMENT TO IMPLEMENT RTAF: THE ROLE OF HRBA IN CAPACITY BUILDING Mr. Max de Mesa Chairperson, PAHRA

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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. 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 National Conference on RTAF 49

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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 worlds 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 mines 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. More than 1,000 families, majority of them belonging to the Blaan 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. 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. 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) 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). 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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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 persons rights. This is usually t hrough 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

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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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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. 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. There are existing studies on peoples participation in the Local Development Councils which we can access to for information regarding engagement with LGUs. In 2001 November - Study on Peoples 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. 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 peoples 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 National Conference on RTAF 53

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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.
LOCAL PLANNING STRUCTURE as defined under Sec. 106-115, LGC
LDC In Plenary

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;
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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

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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. 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 multidisciplinary approach and this is of crucial importance. 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. National Conference on RTAF

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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 UNs 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. 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 societys human rights defenders formations. We can also make use of the existing international and regional human rights mechanisms.

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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? I dont know of other countrys 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.

Cookie Diokno:

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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. 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. The leading agency must be beyond poverty or food.

Max de Mesa:

Flavio Valente:

Martin Remppis:

There is a successful RTF-campaign in India in the form of litigation or legal court battle. Indias 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 well need legal advice. But, here in the Philippines, our court is not exactly an activist court. Are we sure and convinced that the framework law on food we are drafting is the right one? 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. 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.

Cookie Diokno: Mike Udtohan:

Cookie Diokno:

Ka Elvie Baladad:

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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? It was used to usher in the need and struggle for a rights-based approach in development. 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. 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. 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. The Local Government Units may also make ordinances to encourage local production of safe and healthy food and provide local market for them. 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. 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?

Max de Mesa:

Wilson Fortaleza:

Conchita Masin:

Cookie Diokno:

Max de Mesa:

Starj Villanueva:

Dennis Revagorda:

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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? 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.) 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. 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.

Elsa Novo:

Cookie Diokno:

Max de Mesa:

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. 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. 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. Dioknos 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

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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. 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. 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 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 National Conference on RTAF 59

5.

6.

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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 Facilitator: Ms. Roxanne Veridiano d) Recourse Instruments / Complaint Redressal Mechanisms Facilitator: Mr. Bernie Larin e) Naming & Shaming through Actions + Media Facilitator: Mr. Bobby Diciembre Workshop Results: Workshop I: Assessment of Vulnerable Groups Who are the vulnerable groups with regard to RTAF? IPs/Moro Farmers Urban Poor Women Children/youth Rural (interior communities) Fisherfolks Elderly/PWD HIV/Aids victims

1. In what way are they affected / vulnerable in terms of RTAF? a. IPs/Moro distance, high prices of commod ities, cheap prices of farmers produce, encroachment of mining in IP/Moro areas, existence of big plantations, militarization, climate change. b. Farmers -- displacement, LUC, peoples reliance on imported goods over locally produced, high inputs of farm tools, and usury. c. Fisherfolks -- climate change, alternative livelihood d. Children garbage as source for food among children in the urban poor communities. e. PWD mendicancy, medicine and services from DOH and DSWD f. HIV demoralized, discriminated need clear and accessible services from DOH and DSWD g. Women Less accessibility, less adequacy, less availability h. Youth vices and addiction 60 National Conference on RTAF

i. j.

Street families informal economy, scavenger Elderly no social security, unable to access government social services.

2. How are we responding to the RTAF problems of the vulnerable groups? The government through the Department of Social Welfare and Developments (DSWD) responses are through food for work program, CCT and short term livelihood. The civil societys initiatives on this problem are organizing outside of the government framework. The vulnerable groups in the Philippines are the least prioritized group as the bigger portion of the government budget (44%) is intended for debt payment rather than support programs for the vulnerable groups.

3. What are the gaps in our work / obstacles encountered? Lack peoples mobilization to push government to perform its obligations. Local patronage policy There is no budget for the realization of the Right to Adequate Food. Unemployment There is a need for strong unity and solidarity. Plenary Question/Discussion on Workshop 1 Report: Max de Mesa: Workshop 1: Was there a discussion in the group on the situation and gravity of hunger? We have not tackled issue deeply as we presupposed that other workshop groups were given such question to discuss. We were guided by the workshop questions prepared by the organizers of this conference. Though we have not tackled the gravity of hunger, we discussed the availability and safety issues of food. I observed that PWD group was not included among the vulnerable sectors. I am particularly concerned with PWDs in the rural areas than those situated in the urban centers as services are accessible here than in the countryside. Construction of Dams aside from the encroachment of mining projects is included in the land use conversion.

Juliet Bernales (NCIP):

Addendum from the Workshop Group 1:

Workshop 2: Advocacy / Litigation 1. Stocktaking. Are there litigations on RTAF in the Philippines? Not directly as RTAF, but with implications to RTAF Limited to issue identification and calls e.g. o vs mining (CARAGA) thru Writ of Kalikasanland rights/ IP claims on ancestral domain o vs aerial spraying (Mindanao)agrarian related cases o vs seaweed farming (to be filed vs LGU in Mindanao) National Conference on RTAF 61

2. What type of litigation are we using? Civil cases Political cases Administrative cases

3. What are the gaps/ problems/ obstacles in relation to the litigations/ legal recourse of RTAF violations? RTAF is not popular; people lack information about their rights and available recourse Who are we against: big corporations, landlords, politicians Practical terms: costly to pursue a case, technical requirements, resources (e.g. time, lawyers, etc.) Existing laws used against people who exercise their claim-making rights (e.g. cases filed against farmers)

4. What are the initiatives being undertaken? Advocacies: AR, IPs, sustainable agriculture, community-based farming, urban gardening, safe foods, etc. Food Blockade (Compostella Valley)

5. Workshop Group Proposal: Framework law on RTAF Awareness raising/ education campaign building movements from below Special Court on RTAF Look into existing programs of government where RTAF can be mainstreamed, e.g., Food Terminals

Plenary Question/Discussion on Workshop 2 Report: Addendum from Workshop Group 2: It must be noted that the Philippines has some good laws related to the Right to Adequate Food but the implementation is problematic. There is a problem in litigation, especially for the groups and individuals being counter-sued by landlords or big businesses through made-up criminal accusations and offenses. The costs of bail are so high; and, fees for legal battles are so exorbitant. These are particularly the experiences of our agrarian reform cases.

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Workshop 3: Monitoring of State Performance on Different Levels 1. Monitoring Mechanisms in Place. Community-Based Monitoring System (CBMS) Barangay Nutrition Council Mandatory Representation for vulnerable sectors (IP, Women, Peasants, etc.) Provincial Agrarian Reform Committee (PARCOM) Go Organic Representation of CSOs in Regional Development Councils Parent-Leaders in 4Ps

2. Experiences in Monitoring Feeding Programs 4Ps CBMS (13 core indicators of poverty) Nutrition Scholars Relief Distribution Dams, Coal-fired Power Plant, Mining Gulayan ng Bayan FAITH Relief and Rehabilitation

Positive: Census of Community-Gender/Sex desegregated Environment and Resources at stake Valuation of Agricultural Production affected by Devt Projects Independent initiatives of NGOs and POs which make use of Govt data, highlighting weaknesses of Govt programs on RTAF Sharing with multi-stakeholders Holistic Approach e.g. disaster relief and rehab monitoring Continuing Research Areas for Improvement: Participation of larger population in formulating indicators to create sense of ownership from the people; not center-based Expert opinion Monitoring mechanism not framed on RTAF

3. Steps to Ensure Progressive Realization of RTAF among Claimholders: Should know their rights Awareness on right to food as integration of other rights that is not just access or availability of food but also as nutrition Access to information Should assert their rights Part of development planning process Independent CSO monitoring with participation of claimholders/beneficiaries (Shadow reports, Counter-SONA) with focus on RTAF guided by normative content Database of what CSOs are doing Use UN international standards in monitoring rights (water, hunger, nutrition, housing) National Conference on RTAF 63

Promotion of indigenous knowledge and socio-political systems Manufacturing nutritious food using indigenous resources vs importation of junk food Use PANTHER principles

4. Challenges Alliance work Engagement in governance (inside, alongside, outside) Assertion of grassroots-based CSOs to counter GONGOs and BONGOs Plenary Question/Discussion on Workshop 3 Report: Monina Geaga: I fail to notice any discussion or experiences in relation to data collection from the government or its agencies. What is the general consensus of the group, are agencies cooperative or not in terms of access to their data and information? The experiences point to varied levels of cooperation from the government. Sometimes it is very challenging especially when results of monitoring are integrated into the Barangay Development Council planning.

Workshop Group3:

Workshop 4: Recourse Instruments / Complaint Redressal Mechanisms 1. What are the existing redress mechanisms, if any? Or what are the recourse mechanisms available? Available remedies could be divided into two administrative (agencies and President) and judicial (courts) e.g. Writ of Kalikasan BFAD redress mechanism for consumers Mining DENR Land use conversion DAR/DARAB; decides on land issue and on the application for land conversion even as there is pending moratorium on land conversion. Factors to consider depends on the jurisdiction, the nature of complaint whether administrative or judicial, identification of concerned agency and what court. It must be considered that some services are devolved (LGUs and national agencies). Crop conversion This is under the mandate of DA but there is no existing mechanism. NFA Procurement Decides on prices of rice products yet farmers are at the mercy of traders We can also send our policy recommendations through letters/communication to agencies and Office of the President We can also request for Congressional inquiries On the issue of corruption Ombudsman mechanism Meta-legal tactics and strategies are also forms of redress mechanisms, e.g. land occupation, pickets etc 4Ps program problematic in terms of implementation. Its redress mechanism may be the DSWD. There should also be redress mechanisms for ODA projects. National Conference on RTAF

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2. What are the problems encountered in accessing available redress mechanisms? Ignorance on the process of filing complaints. Lack of knowledge about the redress mechanisms available on the part of marginalized groups Criminalization slapping of cases against those who are complaining Lack of resources availability of lawyers and exorbitant fees of courts Harassment and threats prevent victims from pursuing cases The mandate of Public Attorneys Office is not clear; it made PAO ineffective in providing services to victims; PAO services are also costly Courts have overloads of cases; backlogs Access to existing remedies is tedious and expensive There is also a problem of attitude and incompetence of people in the government Negligence and bias on the part of people in the agencies Bias on the part of LGUs Corruption and connivance Slow processes in government agencies Bureaucratic red tape National policies bias of the national government (neo-liberal policies) Existing mechanisms are manipulated and mostly are not effective and not implemented 3. What steps can be taken to address the problems identified? Participation Take an active role in crafting and implementation of policies / redress mechanisms Citizens participation in the existing redress mechanisms Vigilance on the part of the citizens Monitoring Education Legal literacy or paralegal trainings / human rights input Integrate peoples issues, human rights, etc. in school curriculum Training programs on good governance Organize Organize the victims and then formulate tactics on how to defend themselves (negotiate, peaceful resolution of problems) Respect and support peoples initiative Critical mass / mass movement Advocacy Partnership with LGUs Diplomacy and networking/lobbying with government agencies and LGUs National Conference on RTAF 65

Conscientization of people in the government Tap the academe, church and the media Push reforms within the government Streamline and simplify processes of mechanisms of available remedies Strengthen DA for it to have redress mechanisms Sustain DOJ projects to make justice accessible, e.g. justice on wheels, LGU mediation, Strengthen the local government academy Clarify the mandate of PAO

Plenary Question/Discussion on Workshop 4 Report: Conchita Masin: I have some doubts about the proposal of strengthening the government agencies to enable them to push for redress mechanism. I would rather suggest that we strengthen the communities to push government to implement mechanisms. Particularly, let us strengthen the POs in the communities to push the Department of Agriculture or the Department of Agrarian Reform to institute reforms; secondly, lobby CHR to include RTAF in its mandate. Yes, the idea of the group discussion is the same with your suggestion. Maybe we will have just to reformulate the proposal. We believe that it is crucial to have a critical mass. CHR is the watchdog of the government but it has no prosecutorial functions or power. It, however, can recommend prosecutory actions. We should also include international UN mechanisms and the ASEAN AICHR as available venues for redress. The Armed Forces of the Philippines and the Philippine National Police have Human Rights Officers in every camp; maybe we can push for them to work by forcing them to blotter cases of HR violations committed by the ranks. Civil Society Organizations should struggle to make all available mechanisms effective. We can also make use of available quasi-judicial recourse by using institutions to put pressure on government agencies to implement their mandates. CSOs can also push for the possibility of creating National Rapporteurship like the UN system that could link issues and concerns of the people to CHR and the Houses of Congress.

Workshop Group 4:

Max de Mesa:

Ricardo Sunga:

Max de Mesa:

Flavio Valente:

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Workshop 5: Naming & Shaming through Actions + Media Overview: Cover conducted research, campaigns and implemented social actions and how it was covered by the media (local, national, or international) Questions answered: 1. What has been done? (Assessment of effectiveness? What are the experiences?) 2. What are the risks and how can we minimize them? 3. What are the gaps or problems encountered? 4. How-To: Future planning?

1. Assessment of Effectiveness via experience CASE STUDY #1: Peoples Action Protest and Rally, MLY activities Regions covered: Northern Luzon (delegations Ilocos, Cagayan, Bagio, etc.) Action taken: Mass action (annual event takes place in November). Anti-mining campaign in Northern Luzon, Mass action against MGB: petitions containing commands of the community, followed by a march-rally (protesters carry placards). More than 1,000 participated in the reaction against MGBs Mines & Safety Week (celebration of [un]safe mining practices) Interaction-meeting of different mining communities for sharing experiences (face-to-face interaction with other groups against mining activities). Levels: Community, LGUs, etc. Effectiveness? Event covered by local media. i.e. newspaper front page presents event side-by-side (comparison) with the (local) governme nts MGB Mines & Safety Week. Giving awards to MGB and DENR: Most irresponsible mining company! Best Human Rights Violator! Social action to gather media Create a Hall of Fame ommunicate message CASE STUDY #2: Land Use Problems encountered: Weather Effectiveness? Target = consolidate forces that are pro-extension of the CARPER Law (Comprehensive Agrarian Reform Program Extension) Response: Office of the President extends CARPER

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CASE STUDY #3: Peace Covenant Ceremony Regions covered: Misamis Oriental Addressing: Muslims (Moro) and Christians Peace covenant enables tribes to be more productive (no more fear of conflicts between warring tribes; result: farm animals are no longer kidnapped for use by warning tribes; peaceful and productive.) CASE STUDY #4: Right to Food Rice crisis; KGNP (Filipinos against the GNP) Involves large mobilizations and good media coverage. Protest in Ayala area ends in office workers throwing confetti on protesters. In Ayala, there was a demand to lower the price of rice. Employees in Ayala provided support to the protesters by giving them rice. They were able to get fax numbers and contact info (communication!) so that you have community support from the workers when you go through the area. Government reacted by ordering a price control on rice. Didnt really assess the reaction to this situation; rice importation was massive under Ramos (in 1996-97 or between 1994-1996) Contrast government claim and action on the ground. It took a one-month campaign to prepare for this. Relied on one council member in Makati to provide numbers for campaign. Risks: Dispersals (wont be allowed to group or regroup). Somehow, no threat of jail. CASE STUDY #5: 2008 Rice raid on NFA warehouse in Cavite. Forced the town mayor to negotiate; distribution of NFA was being done by NFA organization and national government, bypassing the people (rice was being used for political patronage in the distribution system). Initial plan was a mobilization; there was no plan to ransack and raid the warehouse. The objection was made; the local government created a mechanism to involve local people in the distribution of NFA rice. 2. What are the risks and how can we minimize them? CASE STUDY #1: For the standoff, some community leaders didnt want to end the standoff and were wary of a Peace Covenant. They drew their guns and were threatening to attack with arrows and swords. No one was hurt, but there was a 3-hour standoff. CASE STUDY #2 (Northern Luzon, Baguio mines) There was the risk of cases filed vs. PO leaders which created a counter-group of antiminers (a Divide and conquer tactic). To counter this, ensure network of lawyers or volunteer lawyers. Advice: First get a permit, if not, get a very good negotiator. Inform protestors and confirm commitment.

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TAMPANKAN CASE: Risks Extrajudicial killings (EJKs). The military should not be deputized to provide protection for mining companies. The armed forces function is to defend national sovereignty. To counter this, directly take the AFP responsible for violation and for taking the side of mining companies. Additional investigations from other committees: Council of Human Rights, the (international) UN, etc. Military guards and protest: How could they say theyre protecting the people when theyre the ones dispersing the people? Advice: During the time of Gloria, there was no negotiation. There was only calibrated, pre-emptive response. 3. What are the gaps/ problems encountered? Finance logistics Solutions: Networking Community Logistics for example, transport (i.e. four-wheel drive, habal-habal, motorbike, etc.), distance, etc. (Cultural) Sensitivity (Interpretations vs. miscommunication) For instance: extending courtesies to only a few community leaders so that when the acknowledgements come around, several community leaders feel left out. Readiness of Community Keep in mind that NGOs can campaign for communities in need, but they cannot cover everything! They must be willing to do the work (logistics, infrastructure, etc.) Schedule of press to converge What the media projects sometimes does not capture what the group wants to project or may be a different interpretation of events (i.e. selective interpretation) Press release/ statement: When you are misquoted, you immediately respond, asking for clarification, a rapporteur, etc. Problems of advocacy: Mining companies have stakes in mass media PDI Adverts for TE Fully-independent editorial: ABS-AB5 They protect their own (Theres no such thing as free media in the Philippines or, for that matter, in the world.) Advocacy will always be affected by what causes you represent and what you hope to achieve Advert is a psychological approach Hard to Name n Shame companies that feed the media (Ayala, the Lopezes, etc.) because they own the media! Involves media relations, etc.

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4. Future planning? Method(s): Social actions & Media Framework bill: Sustain campaign on Right to Adequate Food, there must be a very concrete step to be taken for filing a legislative proposal or decision as a necessary part of campaigning. The legislative process creates its own life as it involves a Public Hearing, a debate, etc. Needs a solid framework i.e. right to food and right to adequate food so the bill is a campaign itself. Create a scenario or a venue that, by itself, creates the life of your campaign. Break a large piece into its key components. Communication on media, mass-media, social media, etc. campaigning Capacity-building via lobbying, networking, etc. Identify early-adopters Champion-building (Legislative branch, Senate, and Congress)

The Next Step Process: 1. Results of the workshop sessions of the conference will serve as framework and basis for the concrete steps to be taken that will give the direction and specify the concept note incorporating the General Comments 12 of UNESCR. 2. The Concept Note is meant to help consolidate the existing NFC and reach broader constituents (Specifically the vulnerable sectors) and serve as basis for the consolidation of the coalition. 3. Translate the Voluntary Guidelines on the Right to Adequate Food into Filipino and other major dialects. 4. Alongside this effort will be the implementation of capacity-building measures to strengthen the basis of unity and deepen understanding of RTAF. 5. Local consultations all over the country (L/V/M) will be conducted to organize and unify all efforts to facilitate progressive realization of RTAF. 6. IEC- Information Education materials will be developed on RTAF and published in major dialects. Addendum: (Martin Remppis) To formulate the Right To Adequate Food legal framework details with the broadest participation possible. Closing Activity, Call to Action and Approval of the Conference Manifesto (Facilitated by Mr. Ricardo Reyes)

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National Conference on RTAF

DEKLARASYON NG UNANG PAMBANSANG KUMPERENSYA SA KARAPATAN SA SAPAT NA PAGKAIN 27-28 Pebrero 2013 Quezon City, Metro Manila

Declaration of the First National Conference on the Right to Adequate Food 27-28 February 2013 Quezon City, Metro Manila Malaya kaming nagtipon ngayon kaming galing sa hanay ng mga magbubukid, manggagawa, katutubo, komunidad sa lunsod, kababaihan at kabataan, kaming mula sa Bangsa Moro at Cordillera, kaming nabibilang sa ibat ibang propesyon at NGO upang itanghal ang BATAYAN AT UNIBERSAL NA KARAPATANG PANTAO SA SAPAT NA PAGKAIN, at pagtibayin ang aming determinasyong makamtam ang karapatang ito sa buhay ng bawat mamamayan at bata sa Pilipinas, gayundin sa buong mundo. We gather here today peasants, workers, urban community residents, women and youth, from Bangsa Moro and Cordillera, from the professions and NGOs to proclaim our commitment to the BASIC AND UNIVERSAL HUMAN RIGHT TO FOOD, and express our determination to claim this right for every citizen and child in our country, the Philippines, as well as in the whole world. Higit kailanman sa buhay ng ating bayan at bansa, ang karapatang ito sa sapat na pagkain at karapatang mabuhay ay dapat itaguyod at ipaglaban hanggang ganap na makamtan. Mga dambuhalang kapangyarihang global at pambansa , at mga galamay nila sa lokalidad, ang walang habas na kumakamkam ng ating lupain, katubigan, at puhunan mga pinagmumulan ng ating pagkain at ikabubuhay upang magkamal ng limpak-limpak na tubo at pribilehiyo, kahit na kumitil pa ng maraming buhay o alisan ng dignidad ang buhay ng nakararami, at kahit na masira pang lalo ang ating kapaligiran, at magpabilis sa paggunaw pa ang ating planeta. At no other time in the history of our country has it become more imperative to fight for the right to adequate food and the right to life. Powerful global and national forces and their local minions have been relentlessly dispossessing us of our lands, rivers and lakes, capital and livelihood means to secure our food and sustain our lives to amass monstrous superprofits and privileges, no matter if lives are lost or deprived of dignity, or if the environment is further laid to waste, and our planet pushed further toward extinction. Sa ilalim ng globalisasyong may tatlong sungay liberalisasyon, deregulasyon at pagsasapribado ng mga kabuhayan at larangang publiko ang bawat tagumpay na nakakamit ng pakikibaka ng mamamayan sa karapatan sa lupa at pangisdaan, sa pagtatanggol ng lupang ninuno, sa pagsusulong ng karapatan at benepisyo sa paggawa, sa pabahay, kalusugan at edukasyon, ang bawat abanse para sa pantay na karapatan ng kababaihan at pangangalaga sa mga bata mga karapatang kaugnay ng karapatan sa sapat na pagkain ay pwersahang binabawi hanggang mabalewa. Under globalization with its triad of liberalization, deregulation and privatization, every gain our struggles achieved in promoting land and fishery rights, defending ancestral domain, advancing the rights to work, housing, health and education, every step forward for equal rights to women and the care of our children rights that are directly connected to the right to adequate food are being cancelled out. National Conference on RTAF 71

Sa kabila nito, ang gubyerno ng Pilipinas ay nananatiling lampa at mahina sa pagtataguyod ng karapatan sa sapat na pagkain at sa iba pang karapatang tao ng kanyang mamamayan. Sa halip na maninindigan, bumibigay siya sa presyur at dikta ng mga global na korporasyon at bangko at mga gubyernong nagpoprotekta ng mga interes na ito. And yet, the Philippine government has proved to be a weakling in promoting the right to adequate food and other human rights of its citizens. Instead of standing up to the pressures and dictates of global corporations and banks at their protector governments, the Philippine government always buckles down. Hindi tayo patatalo. Mula sa maliliit na tagumpay, susulong tayo sa mas malalaking tagumpay. Paulitulit nating idedeklara at igigiit, sa ibat ibang larangan, sa ibat ibang paraan na: We shall overcome. From small victories, we shall move to bigger ones. Without fail, we will declare and assert in every field of struggle, in every way that: Ang karapatan sa sapat na pagkain ay isang batayang karapatang tao, na nasa pusod ng karapatang mabuhay ng bawat tao The right to adequate food is a basic human right, which is at the core of the right of the human being to life Ang karapatan sa sapat na pagkain ay dugtungan ng karapatan sa lupa, tubig, trabaho, edukasyon, kalusugan at pabahay-- mga karapatan sa sapat at maayos na pamumuhay The right to adequate food is closely intertwined with the right to land, water, work, education, health and housing the right to adequate standard of living Na para maisakatuparan ito, ang Estado ang may pangunahing obligasyon na irespeto, protektahan at isakatuparan ang mga karapatang pantaong ito To realize this right, the State has the principal obligation to respect, protect and fulfill these human rights Na sa paggampan ng Estado sa tungkulin nitong progresibo o hakbang-hakbang na isakatuparan ang mga ito, dapat nitong sundin ang PANTHER principles partisipasyon ( participation ), pananagutan (accountability), walang diskriminasyon ( non-discrimination ), pagiging bukas (transparency), pagsasakapangyarihan ( empowerment )at Pagpapairal sa Batas (Rule of Law). For the State to perform these obligations in a progressive and step-by-step manner, it should follow the PANTHER principles participation, accountability, non- discrimination, transparency, empowerment and rule of law.

Kaalinsabay, ilalaban din namin ang mga pagbabago sa istruktura ng lipunan, ekonomya at pulitika ng bansa. Ito ay magbabago ng relasyon ng kapangyarihan at magbibigay ng institusyunal na balangkas para sa progresibong realisasyon ng karapatan sa sapat na pagkain at kadugtong na karapatang tao. Meanwhile, we shall fight for structural changes in society, the economy and politics of the nation. This will change the power relations and will provide the institutional framework for the progressive realization of the right to adequate food and other human rights.

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National Conference on RTAF

Tungo rito, ikakampanya natin para iratipika ng gubyerno ng Pilipinas ang Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Sasabayan natin ito ng pagsisikap na mabuo at mapagtibay ng gubyerno ang isang National Framework Law on the Right to Food. To this end, we shall urge the government of the Philippines to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. This will be accompanied by efforts to push the government to craft and approve a National Framework Law on the Right to Food. Mula sa kumperensyang ito, babalik tayo sa ating mga komunidad, sektor, organisasyon at institusyon para magpalaganap ng ating paninindigan at magparami. Mas marami, mas malakas, mas malapit sa tagumpay! From this conference, we shall return to our communities, sectors, organizations and institutions to make known our position and to gather supporters. The more we are, the stronger we shall be, and the close we will be to victory! (The Manifesto was approved unanimously by the Conference participants. The Conference on the Right to Adequate Food (RTAF) was formally closed with a community singing of Ang Bayan Ko.)

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