FIAN International acknowledges that the state of Nepal has taken many steps towards better recognition of the right to food – the country has incorporated certain right to food relevant articles as well as a provision for food sovereignty in its interim constitution, and has ratified all major international instruments recognizing the right to food. However, hunger in Nepal is widespread.

Lack of distribution of resources
“Major causes are lack of proper distribution of resources, and missing assertion of rights of marginalized and vulnerable groups. So far the structures have not been implemented in order to get impact in the effective realization of the right to adequate food of Nepal citizens”, – says Sabine Pabst, country officer for South Asia at FIAN International.

In its submission FIAN highlights a number of cases of right to food violations, which are not adequately addressed by the state of Nepal, like forced evictions of peasant families from their land, denied access to natural resources of indigenous people, inadequate agricultural policy and support for farmers, and lack of safety nets for the most vulnerable.

The UPR is a mechanism of the UN Human Rights Council (below) created in 2006 and aims at reviewing compliance with human rights obligations of all UN member states.

Aim – to draw attention
According to the FIAN International, the aim of their report is to draw attention to the wide range of stakeholders on Right to Food violations.

FIAN says that many problems related to food access in Nepal have existed for quite some time; some surfaced as early as 1970s. Yet, they have not been met with any solutions thus far.

However, the International Human Rights treaties and other international law sources

recognizing the Right to Food Nepal has committed to, as well as its Interim Constitution, which was adopted in 2007, obligate the government to adopt measures to realize the right to adequate food.

Legal basis needs realization
In the preamble of the Interim Constitution one can find a reference to the state’s duty to fulfill the fundamental human rights of its citizens. These fundamental rights are further specified in article 33, which deals explicitly with the state’s responsibilities to its citizens. According to section h) of article 33 the state is obligated to “pursue a policy of establishing the rights of all citizens to education, health […] and food sovereignty”.

The constitution also carries a number of dispositions that are indirectly relevant to deal with the food crises: for example section r) in article 33 declares the Nepalese state’s obligation to “conduct special programs to rehabilitate the displaced”, section 1) of article 14 mentions the issue of untouchability and declares it unconstitutional to discriminate against any individuals on the grounds of “caste, descent, community or occupation.”, which is a legal basis to combat discrimination in the access to resources needed for the realization of the right to adequate food.

The above articles in the Nepalese constitution as well as the country’s ratification of all major international instruments recognizing the Right to Food demonstrate that officially the state of Nepal is doing a lot to ensure its citizens’ Right to Food.

However, the actual situation in Nepal frequently differs from the country’s theoretical and official foundation. It means the structures have not been implemented in order to get impact in the effective realization of the right to adequate food of Nepal citizens.

Cases
In its report FIAN highlights a number of cases of right to food violations, which are not adequately addressed by the state of Nepal, like forced evictions of peasant families from their land, denied access to natural resources of indigenous people, inadequate agricultural policy and support for farmers, and lack of safety nets for the most vulnerable.

Inadequate rehabilitation programs in cases of emergencies are reported frequently, for example the case of Laxmanpur Dam: This dam, built across the Rapti River very near to the Indo-Nepal Border in mid-west Nepal causes severe inundation during each monsoon season affecting more than 3000 families, who are facing the danger of losing their lives, their agricultural lands and their food grains.

Most of the families are peasants and their land is their major source of livelihood.  Although in the meantime a drainage is being constructed to allow the natural flow of the river and prevent further severe flooding, a comprehensive rehabilitation program including consultation of the affected people is not in place.

Recommendations
The report also presents the following recommendations to the Nepalese government:

– Adopt a comprehensive national policy and legislative framework for the eradication of hunger and realization of the human right to food in Nepal;
– Create procedures for reporting and facilitating access to effective remedies, either judicial or administrative;
– Implement genuine land reform;
– Improve targeting policies and practices;
– Support the National Human Rights Commission of Nepal.

FIAN was also part of another submission prepared by the German Dialogue-Forum for the Promotion of Peace and Human Rights in Nepal (Nepal Dialogforum für Frieden und Menschenrechte), in which besides the right to food violations also other human rights violations in Nepal are highlighted. You can find the report here.

Reports:

FIAN International: Violations of the Right to Food in Nepal


Dialogue-Forum for the Promotion of Peace and Human Rights in Nepal: Recurring Human Rights Violations in Nepal