RELATED MEDIA
22/03/2021
'Criminalized and marginalized,' South Africa fishers call on Ramaphosa to secure their right to food and livelihood
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"Criminalized and marginalized" despite a 24-year-old post-apartheid Constitution that enshrines the right of access to sufficient food and guarantees social justice and equality for all, thousands of small-scale fishers called on President Cyril Ramaphosa to secure their right to food and sustainable livelihood as South Africa celebrated Human Rights Day on March 21.
REPORTS
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Towards a Framework Law on the Right to Adequate Food in South Africa
Visit Link http://www.fian.org/library/publication/towards_a_framework_law_on_the_right_to_…
LINKS & REFERENCES
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Exploring the concept of ‘tenure’ in South African civil society
Visit Link http://www.fian.org/en/news/article/exploring_the_concept_of_tenure_in_south_afr…
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Human rights of Western Cape's fishing communities under threat
Visit Link http://www.fian.org/en/news/article/human_rights_of_western_capes_fishing_commun…
INDICATORS
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Non discrimination
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- Section 9 of the South African Constitution protects people from discrimination be it direct or indirect, especially in terms of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. (http://www.gov.za/documents/constitution-republic-south-africa-1996-chapter-9-state-institutions-supporting)
- The Promotion of Equality and Prevention of UnfairDiscriminationAct, 2000 (PEPUDA or the Equality Act, Act No. 4 of 2000) is a comprehensiveSouth African anti-discrimination law. It prohibits unfairdiscriminationby the government and by private organisations and individuals and forbids hate speech and harassment.
- Employment Equity Act, 1998 (https://en.wikipedia.org/wiki/List_of_anti-discrimination_acts#.C2.A0Sou...)
- A government initiative that targets food insecurity is social grants. These come in the form of old age pension funds, disability grants, foster care grants, care dependency grants and child support grants. All of these have been shown to increase women’s purchasing power as well as their access to food.
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Outcomes
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24%
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6
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35%
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Married by 15: 1%
Married by 18: 6%
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People’s Sovereignty over natural resources
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Draft Regional Policy and Legal Framework for Plant Variety Protection
It is also a mechanism designed to coerce African countries into joining UPOV 1991, a restrictive and inflexible legal regime that grants extremely strong intellectual property rights to commercial breeders and undermines farmers’ rights.
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Most recent data from 2000.
Fungicides and Bactericides: 8,928
Herbicides: 9,469 sign fall since 1999
Insecticides: 6158
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Political Participation for the Right to Food
Participation is one of the fundamental human rights principles, requiring that everyone has the right to participate in making decisions that affect them. In order to ensure that those most affected by violations to the right to food and nutrition participate in political processes, it is essential to have the legal and policy infrastructure within national frameworks, as well as the participatory spaces that give meaningful space for participation.
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Legal Recognition of the Right to Food and Nutrition
Is Right to Food recognized in the legal system Read moreThe Constitution of the Republic of South Africa explicitly guarantees the right to adequate food.
Explicit protection of the right to adequate food
Article 27:
“(1) Everyone has the right to have access to-
(b) sufficient food and water;
(2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights."Article 28:
“(1) Every child has the right-
(c) to basic nutrition, shelter, basic health care services and social services.”Article 35:
“(2) Everyone who is detained, including every sentenced prisoner, has the right-
(e) to conditions of detention that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment.”Directive principles of state policy
Article 1: “The Republic of South Africa is one, sovereign, democratic state founded on the following values:
(a) Human dignity, the achievement of equality and the advancement of human rights and freedoms.”Article 7(2): “The state must respect, protect, promote and fulfil the rights in the Bill of Rights.”
National status of international obligations
Article 232: “Customary international law is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.”
Article 233: “When interpreting any legislation, every court must prefer any reasonable interpretation of the legislation that is consistent with international law over any alternative interpretation that is inconsistent with international law.”
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National Food Security Policy
Is there a national food security policy with implementation/action? Read moreNational Policy on Food and Nutrition Security (2014)
-“Strategic goal of the National Food and Nutrition Security Policy is to ensure the availability, accessibility and affordability of safe and nutritious food at national and household levels”
Agricultural Policy Action Plan (APAP) [2015 – 2019]
- Ministry of agriculture forestry and fisheries
- Outcome 7
- But harps on biofuels- could there be negative impacts of this?
National School Nutrition Programme (NSNP)
Social Grants
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Existence of multiactor governing or decision making bodies for food policy at national, subnational and/or local level with diverse participation of civil society organizations
Read moreDepartment of Agriculture, Forestry and Fisheries
Partnerships and inclusive committees planned but limited information on implementation:
The success of these programmes will depend on the establishment of relevant food security structures such as the National Food and Nutrition Security Advisory Council, provincial and local food security committees, including the food security technical task teams, where all role players and contributors to food security will regularly meet to address pertinent food security-related matters.
Through the Enhanced Mechanisation Policy and the implementation thereof, improved public-private partnerships on food production and improved planning and logistics on the handling, storage and distribution of food products, as well as the revitalisation of colleges of agriculture into agricultural training institutions, food availability will be enhanced
P. 30: http://www.daff.gov.za/doaDev/topMenu/DAFF_SP_%20complete.pdf
Various programs used:
Fisheries and aquaculture are guided by national and international obligations and legislation. Regional Fisheries Management Organisations (RFMOs) and regional programmes such as the Benguela Current Commission (BCC) and other related programmes will be implemented.
The Working for Fisheries Programme (WFFP) will remain one of the vehicles for economic growth and sustainable livelihoods. The IFSS will be implemented in order to coordinate and improve enforcement efforts, to reduce illegal fishing and to ensure compliance with the MLRA.
P37: http://www.daff.gov.za/doaDev/topMenu/DAFF_SP_%20complete.pdf
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