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7inconsistent with human dignity and human rights, and must be eliminated. The aim
8of this act is to provide a framework, within which hunger will be addressed in an
9organized way, and through which hunger may be ended.
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which ensure a physical and mental, individual and collective, fulfilling and
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9when every man, woman and child, alone or in community with others, has physical
10and economic access at all times to adequate food, or means for its procurement.
11The right to adequate food will therefore not be interpreted in a narrow or restrictive
12sense, which equates it with a minimum package of calories, proteins and other
13specific nutrients. The right to adequate food will have to be realized progressively.
14However, the core obligation is to take the necessary action to mitigate and alleviate
15hunger, even in times of natural or other disasters. Central to the realization of the
16right to adequate food is adequacy and sustainability of food availability and access.
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for both present and future generations. The precise meaning of adequacy
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ii.
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stages throughout the life cycle, and according to gender and occupation.
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throughout the food chain. Care must also be taken to identify and avoid or
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distribution, processing and market systems that can move food from the
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ii.
to the informal sector, the physically disabled, the terminally ill and
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13Every person has the right to live in conditions that enable her or him to:
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a. either feed herself or himself directly from productive land or other natural
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systems, or both;
b. be financially able, not only to acquire a sufficient quantity and quality of
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adequate diet, clean water, sanitation and health care, to reach a state of
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Every woman has a right to adequate food and adequate nutrition during
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2by law, is necessary for the purpose of a compelling public interest, and is
3compatible with the nature of the right to adequate food.
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SECTION 6. Freedom from Hunger. - Every person has a right to be free from
12on the basis of race, color, sex, age, language, religion, political or other opinion,
13national or social origin, property, birth or other status, which has the effect or
14purpose of impairing or limiting the capacity of an individual to exercise his or her
15right to adequate food, is unlawful and will be sanctioned in accordance with the law.
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All forms of discrimination against women with regard to the guaranteed right
18to adequate food, including less favorable treatment of women for reasons of
19pregnancy and maternity, will be eliminated and prevented. The equality of
20opportunities between men and women will be promoted.
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23to remedy past effects of discrimination against particular individuals or groups and,
24to promote equality of opportunities with regard to the right to adequate food.
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SECTION 8. Principles. The principles upon which the provisions of this act
27are founded, and which must be observed in the process of realizing the right to
28adequate food, are:
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affecting them. Individuals are able to take part in the conduct of public
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taken. In addition, the expected results are spelled out clearly and
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and reasonably the same for everybody, irrespective of sex, age, race,
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attention to those groups that cannot enjoy their rights as fully as others.
d. Transparency: It is open access by the public to timely and reliable
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Holders of public office are as open as possible about all their decisions
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and actions that may affect the free exercise of the right to adequate food.
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law means that right-holders are provided with essential information about
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the decision-making process and those accountable and responsible for it.
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processes that feed into the achievement of the particular entitlement, with
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simply because they are human, not by virtue of any social status or
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that every person has a right to adequate food. To comply with this
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principle in the implementation of the framework act, the State, through its
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public officials, treats persons equally and respects their human worth and
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dignity.
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needed to change their own lives, including the power to seek from the
State remedies for violations of their human rights. This principle is the
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food education
g. Rule of law: It means that governmental authority is legitimately exercised
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framework act will be clear, fair and accessible. The rule of law also means
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that no person or body can breach the law with impunity. There is access
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to justice including the right to an effective remedy for anyone whose rights
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proceedings.
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a. Respect: It is the duty of the State not to interfere with or impair the
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any person of food or means for its procurement, apply laws and
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and risks stemming from private actors or societal forces that are
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in a manner to foster and promote the human right to adequate food and
to create and maintain conditions under which every person can freely and
regularly enjoy her or his right to adequate food. It is equally the duty of
the State to provide the right to adequate food, by adopting and putting in
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who cannot take care of their own needs, due to reasons beyond their
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SECTION 10. Targets. - The Government will ensure that in two and a half
16years, the incidence of hunger will be reduced, from the level current at the time of
17the passage of the framework act, by 25%; in five years, it will be further reduced by
1825%; in seven and a half years, it will be further reduced by 25%; and in 10 years,
19zero hunger will be achieved.
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The Government will also ensure that in 10 years, land devoted to food
22production will be increased to 50% of all prime agricultural land in every region, and
23that the following indicators will considerably and steadily increase over the same 10
24years, together with other structural and process indicators, as may be determined in
25the implementing rules and regulations of this framework act:
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productive resources;
d) percentage of budget spent on agri-research, agri-extension, irrigation,
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programmes; and
j) coverage of school feeding programmes.
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hunger, the key primary data sources will include the National Nutrition
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Surveys (NNS); the Survey of Hunger Incidence in the Philippines (SHIP); the
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household surveys of the National Statistics Office (NSO), namely the Family
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Income and Expenditure Survey (FIES) and the Annual Poverty Indicators
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necessary to carry out the provisions of this Act, to be included in the annual
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22and projects, including any development plan, will take into account the right to
23adequate food, and will undergo an objective impact assessment prior to its adoption
24and implementation. The steps for this objective impact assessment include:
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level of detail.
b. Scoping: identifying the issues and impacts that are likely to be significant
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of the right to adequate food, takes into consideration all potential social,
concerns and comments of the potentially affected population, and all the
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significance.
Any strategic intervention aimed at ensuring the enjoyment of the right to
16adequate food will similarly undergo an objective impact assessment prior to its
17adoption and implementation.
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23natural-born citizens of the Philippines and, at the time of their appointment, at least
24thirty-five years of age, and must not have been candidates for any elective position
25in the elections immediately preceding their appointment. At least one of them will be
26a member of the Philippine Bar. This Commission will be an agency attached to the
27National Economic and Development Authority (NEDA) (Commission on Human
28Rights of the Philippines).
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The Chairperson and the Members of the Commission will not, during their
31tenure, hold any other office or employment. Neither shall they engage in the
32practice of any profession, or in the active management or control of any business,
33which in any way may be affected by the functions of their office, nor shall they be
34financially interested, directly or indirectly, in any contract with, or in any franchise or
35privilege granted by the government, any of its sub-divisions, agencies, or
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The Chairperson and the Members will be appointed by the President for a
5term of seven years without reappointment. Appointment to any vacancy will be only
6for the unexpired term of the predecessor. Of those first appointed, the Chairperson
7will hold office for seven years, a Commissioner for five years, and another
8Commissioner for three years, without reappointment. Appointment to any vacancy
9shall be only for the unexpired term of the predecessor. In no case will any Member
10be appointed or designated in a temporary or acting capacity.
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13Adequate Food will receive the same salary and benefits as the Chairperson and
14Members, respectively, of the Constitutional Commissions, which shall not be
15decreased during their term of office.
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b. The Commission on the Right to Adequate Food will have the following
18powers:
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expenses.
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22adequate food, the Commission on the Right to Adequate Food may call out other
23agencies to ensure the right to adequate food. In the implementation of the right to
24adequate food, the Department of Agriculture will have the primary duty to ensure
25food availability, stability and adequacy; the Department of Health will have the
26primary duty to ensure food quality and safety; the Department of Trade and Industry
27will have the primary duty to ensure physical and economic access to food; the
28National Food Authority will have the primary duty to store and distribute food;
29the Department of Public Works and Highways will have the primary duty to ensure
30well-functioning distribution, processing and market systems; and the NEDA will
31have the primary duty to coordinate all food and nutrition security efforts.
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The JCOCFS shall continue to exist for a period not exceeding ten (10)
8from the secretariat personnel of the Committees of the Senate and the House
9of Representatives comprising the JCOCFS.
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a.
b.
c.
d.
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g.
h.
i.
j.
k.
l.
m.
n.
o.
Department of Agriculture;
Department of Agrarian Reform;
Department of Health;
Department of Trade and Industry
Department of Public Works and Highways;
Department of Environment and Natural resources;
Department of Energy;
Department of Social Welfare and Development
National Economic and Development Authority;
National Anti-Poverty Commission;
National Disaster Coordinating Council
Philippine News Agency
Philippine Information Agency
Two representatives of peoples organizations; and
Two representatives of non-governmental organizations
33provide strategic interventions to respect, protect and fulfill the right to adequate
34food. The council will also serve as the monitoring body in regard to right to
35adequate food initiatives.
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The council members that are government agencies may designate their duly
38authorized representative, who will have a rank not lower than an assistant secretary
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1or its equivalent. The council members who are representatives of peoples
2organizations and non-governmental organizations will be chosen by the
3Commission on the Right to Adequate Food from a list of nominees provided by
4peoples organizations and non-governmental organizations engaged in the
5promotion of the right to adequate food. These members will attend council
6meetings, and will receive emoluments as may be determined by the council, in
7accordance with existing budget and accounting rules and regulations.
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19of food. These implementing rules and regulations will determine the exact quantity
20of calories, proteins and micronutrients, to which the minimum amount of food will
21correspond, according to the age, sex, health status and occupation of a person.
22There will be a simple and accessible application or certification procedure for the
23minimum amount of food entitlement, as provided for in the implementing rules and
24regulations. There will be transparent, fair and non-discriminatory eligibility or
25certification criteria.
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28the Right to Adequate Food for complaints and appropriate remedies in case of a
29determined violation of the right to adequate food, will be established. There will also
30be an appropriate monitoring and evaluation mechanism in which the Department of
31Social Welfare and Development will report to the Commission on the Right to
32Adequate Food on a regular basis. The national budget will include a specific item
33allocating resources necessary for the implementation of this fundamental right.
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8Food, in coordination with the National Disaster Coordinating Council, will have the
9duty to ensure that:
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a. Food emergencies cover both early warning and preparedness for a crisis,
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and comply with the right to adequate food and the relevant international
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standards.
b. Emergency food responses be compatible with the right to adequate food
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received.
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21the Commission on the Right to Adequate Food, in coordination with the Philippine
22News Agency and Philippine Information Agency, have a duty to:
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a. Inform the population about the rights established in this framework act
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and about the implementing rules and regulations adopted upon its entry
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into force, as well as about any other measure taken for the purpose of
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related to food and nutrition, the right to adequate food, and human rights
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principles.
8Adequate Food, in coordination with the Commission on Human Rights and the
9Department of Foreign Affairs, will have the duty to:
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do so.
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18system in which all government agencies at all levels, under the supervision of the
19Commission on the Right to Adequate Food, will:
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SECTION
21.
Representation
and
Participation
of
Peoples
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freedom of association.
b. Consultations on specific areas of implementation of this framework act.
c. National public hearings every two years, at which the Government is
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2imposed on any public or private actor, who deliberately starves or denies access to
3food to any particular individual or group, as through the commission of any of the
4following acts:
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a.
b.
c.
d.
e.
f.
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food blockade;
refusal to implement a food-related program;
discrimination in implementing a food-related program;
negligence in implementing food-related programs, resulting in death;
obstructing access to food in time of calamity or war;
theft, corruption or black marketeering of food being given as
A food blockade is any knowing and willful effort to cut off food supplies from a
32ensure the enjoyment of the rights guaranteed in this framework act, and to perform
33the duties embodied in it. Appropriate cases may be filed before the courts to compel
34compliance with the provisions of this act. These cases will be without prejudice to
35liability for damages, as well as administrative liability that may be incurred.
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2such amounts as necessary to carry out the provisions of this Act. Afterwards, such
3sums as may be necessary for the continued implementation of this act shall be
4included in the annual General Appropriations Act. There will be an allocation of
5specific and sufficient resources for the purposes of the implementation of the right
6to adequate food, in accordance with priorities set by the Commission on the Right to
7Adequate Food. The allocation will be aimed at the progressive realization of the
8right to adequate food over the long term. Every persons right to be free from
9hunger can never be deviated from by temporary or permanent cutbacks.
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SECTION 25.
25decrees,
executive
orders,
memorandum
orders,
circulars,
26administrative orders, and ordinances will be rationalized in accordance with the right
27to adequate food, as provided for by this framework act.
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Laws affecting the realization of the right to adequate food will be interpreted
30in a way compatible with the right to adequate food and this framework act.
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The cabinet secretaries concerned and other executive authorities will report,
33at regular intervals, to the Commission on the Right to Adequate Food, on legislative
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1and regulatory measures that have been elaborated and adopted, and the time
2frames within which they are envisaged to achieve their objectives.
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SECTION 27. Separability Clause. - If any provision or part hereof, is held
5invalid or unconstitutional, the remainder of the law of the provision not otherwise
6affected shall remain valid and subsisting.
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SECTION 28. Repealing Clause. - Any law, presidential decree or issuance,
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