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Training Report
Right to Food
Date 24-25 January 2011
Venue Sewa Kendra, Patna
Conducted by Karma Consultants
Supported by DKA & KFB, Austria
Date & Venue 24-25 January 2011 at Sewa Kendra, Patna
Participants Project Team Members of
partner organization of DKA & KFB, Austria inthe state of Bihar.
Resource Person
Mr. Sanjay Rai, FIAN, India
Mr. Rupesh Kumar, State Advisor to FoodCommissioner, Bihar
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Contents of the Report
Session 1. Description about - right to food, food security, food sovereigntyand rural food security
Session 2. International & National declaration related to Right to food
Session 3. Element of Human Rights and Human Rights Standard
Session 4. Nutrition aspects in Right to Food
Session 5. WHY RBA to Right to Food
Session 6. Group Exercise was facilitated for discussing problems inaccessing food entitlement schemes among eligible and
Session 7. Food Dimension
Session 8. Violation Mechanism & Processes
Session 9. National Right to Food Campaign
Annexure I. Violation Reporting, FIAN
Annexure II. Participants List
Annexure III. Training Module
Annexure IV. Invitation Letter
Attachment
1. Background of National Right to Food Campaign2. Provisions of Food Entitlements Schemes3. Questionnaire for grievance redressal & violation reporting
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Summary of the Report
The training report was presented in more theoretical ways but actionrelated to training programme was presented in the separate attachedquestionnaires in Hindi, which can be easily used by the project team
members for initiating the processes of assertion by the name / leadershipof victims only.
Training Report has covered the perspective of National & Internationalobligation with Element of Human Rights and Human Rights Standard. Duringthe training nutrition aspects of Right to Food was also highlighted andpresented in the report as malnourishment cases are very much prevalentamong dalits / tribal children.
Right Based Approach in Right to Food was elaborated in details and alsopresented in the report. Group Exercises outcome of problems in accessingfood entitlements schemes was presented in the report.
During the training session, we have highlighted the provisions of the FoodEntitlements schemes followed by processes of violation reporting /grievance redressal at National & International Platform. Case study of FIANviolation reporting was presented in annexure, where as detailsquestionnaire / guideline of violation reporting at National Right to FoodForum and government functionaries was presented in separate attachmentin the report. Questionnaire was presented for different food entitlementschemes.
Partner organization can opt any schemes violence cases as per the village
level situation the purpose of the violation reporting should be clear topartner organization. At the same time ownership and willingness to makecomplain should be liability with the affected beneficiaries.
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Session 1. Description about - right to food, food security and foodsovereignty
Background and context of right to food security was presented.
Right to Food - the right for foodis a legal concept which is realised whenevery man, woman and child, alone or in community with others hasphysical and economic access at all times to adequate food or means for itsprocurement in ways consistent with human dignity
Food Security - Food security is a technical concept, which refers to theaccess to food both in terms of food availability as well as being able toafford food, which is available. States are not accountable for food security
Good Sovereignty - Food sovereigntyis a political concept, which offers analternative framework that challenges the mainstream, liberal trade-basedfood security paradigm. It refers to the right of people or countries to
define their own food policies, which are appropriate (ecologically,culturally, economically, socially) to their circumstances. Food sovereigntyimplies a true right for safe, nutritious food for the people; values foodproducers and providers; localises food systems so that producers andconsumers are close to each other; puts control locally; builds knowledgeand skills and works with nature.
Session 2. International & National declaration related to Right to food
Universal Declaration of Human Rights, Art. 25 - Everyone has the right to astandard of living adequate for the health and well-being of himself and his
family, including food, clothing, housing and medical care and necessarysocial services, and the right to the security in the event of unemployment,sickness, disability, widowhood, old age or other lack of livelihood incircumstances beyond his control
International Covenant on Economic, Social and Cultural Rights, Art 11 - Thestates parties to the present Covenant recognize the right of everyone to anadequate standard of living including adequate food and to the continuousimprovement of living conditions. The fundamental right of everyone to befree from hunger
General Comment 12 (it is referring to the ICESCR of 1966) - The right toadequate food is realized when every man, woman and child, alone or incommunity with others, has physical and economic access food or to meansof its procurement
General Comment 15 - The human right to water entitles everyone tosufficient, safe, acceptable, physically accessible and affordable water forpersonal and domestic use. This is specified further by noting theimportance of ensuring sustainable access to water resources for agricultureto realize the right to adequate food
Principle of Non Discrimination - The principle of non-discrimination is anunderlying principle of international law and human rights. Art 2 UDHR
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Everyone is entitled to all the rights and freedom sets forth in thisdeclaration, without distinction of any kind, such as race, color, sex,language, religion, political or other opinion, national or social originproperty, birth or other status
Session 3. Element of Human Rights and Human Rights Standard
State Obligations to respect, protect and fulfil the human rightsstandards
Enforcing Mechanisms Instrument to make states meet their obligationHuman Rights Standard under the Right to Food
Human Rights Standard Physical and economic access at all times toadequate food and the means for its procurement
Core Content the fundamental right of everyone to be free from hunger
The right to adequate Food - The right to adequate food needs clarity onfollowing
Adequacy sufficient to satisfy the dietry needs of individuals, free fromadverse substances, and acceptable within a given culture
Accessibility economic accessibility, physical accessibility, sustainableaccessibility and accessibility in dignity
Human Rights State Obligations
Rights and obligations are two sides of the same coin. People have rights, the state has obligation Human Rights empower people to make the states meet their obligationsState obligations the obligation to respect states must respect existingaccess to adequate food and must not take any measures preventing ordestroying such access
Violation of Human Rights = Breaches of States obligations
A breach of one of the right to food. Any discrimination in access tofood, as well as means and entitlements for its procurement, on thegrounds of race, color, sex, language, age religion, political or otheropinion, etc
The obligation to protect the state must take necessary measures toensure that enterprises or individual do not deprive people of theiraccess to adequate food
The obligation to fulfil The state must guarantee each deprivedpersons access to food and food producing resources with maximum
efforts. This obligation applies also for victims of natural or otherdisasters.
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Session 4. Nutrition aspects in Right to Food
Nutrition Component of Child Rights Convention on Rights of the Child
Child have right to adequate nutrition and access to safe andnutritious food
Elementary Birth Feeding and Complementary feeding are child'sright
Person require protein carbohydrate fat and minerals for healthyliving
BPL support system ignore the nutrition aspects It only provide food grains, sugar which are the source of
carbohydrate
Under the BPL support system 35kg (wheat & rice) allocated fordistribution on subsidies rate, which is inadequate
Concept of Nutrition
FOOD / Energy HEALTH CARE LOVE & CARE
What goes wrong?
Non Exclusive Breastfeeding Improper complementary Food Poor Hygiene, Sanitation and immunization Too many too soon Inadequate care & support by family / community
Challenges to be met
Community Empowerment Sharing responsibility and accountability for development of true
child and women friendly community
Provisions of quality health services and delivery of integratednutrition package
Development of communication skill at every level for bringing inbahaviour change
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Session 5. WHY RBA to Right to Food
The covenant of Economic, Social and Cultural rights state (that allhuman beings have the right to food and to be free from hunger) -the obligation of the state under the 1966 International Covenant of
the Economics, Social and cultural rights to which India is party
The covenant, Article 11, expressly recognizes the right of everyoneto an adequate standard of living, including adequate food.
Article 21 of the constitution of India guarantees fundamental rightto life and personal liberty. In the light to this, the state is obliged toprovide for all those minimum requirements which must be satisfiedin order to enable a person to live with dignity, such education,healthcare, just and humane conditions of work, protection againstexploitation etc.
The right to food in inherent to a life with dignity, and Article 21 withArticles 39(a) and 47 places the Right to Food a guaranteedFundamental Right, which is enforceable by virtue of theconstitutional remedy provided under Article 32 of the constitution.
It is a fundamental right to be free from hunger. Starvationconstitutes a gross denial and violation of this right. As starvationdeaths reported from some pockets of the country are now invariablythe consequences of mis-governance resulting from acts of omissionand commission on the part of public servants, they are directconcern to the commission under the provisions of the Protection of
Human Rights Act, 1993.
Other than obligation need of RBA in Right to Food Context
Need for demanding accountability of development service providers,PRIs members and other responsible government functionaries
Need for mobilization of Food Security Schemes i.e. Targeted PublicDistribution System (TPDS), Antodaya Ann Yojna, Annpurna Yojna,National Family Benefits Schemes, National Old Age Pension Scheme,Mid Day Meal in Schools, Integrated Child Development Services
(ICDS) a
Need for mobilization of Mahatama Gandhi National Rural RuralEmployment Guarantee Act
Need for creating a movement as well as violation reporting on thebasis of appropriate information and informed choice
Advantages of Rights Based Approach for combating hunger
Turns people into claimers of rights The strategies aim at the empowerment of the victims and at makingtheir voices heard at different level
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The human rights approach enphasizes the indivisibility of humanrights and sets minimum criteria for state behviour
A rights based combines case work with effective advocacy and mediawork, networking, training and mobilization
It aims both at overcoming the concrete human rights violation as atintroducing structural changes
Though the existing legal approach to the human right to food,hunger can be prevented, and international and national mechanismsfor enforcing human rights can be strengthened
Session 6. Group Exercise was facilitated for discussing problems inaccessing food entitlement schemes among eligible and
Problems in accessing PDS
Lack of awareness No clarity about exact provisions / norms of the schemes How to assert and where to approach not clear PRIs members are not supporting Dominant groups have control over schemes benefits Distortion on BPL list finalization
Problems in Accessing ICDS
Not functional many centre are running in paper only Not supply of food as per provisions If running only 40 children get benefit other children are not getting
benefits
Parents are also not sending their children regularly to ICDS centre Immunization facilities but not properly immunization are happening
Problems in old age pension
Only those person get benefits who have reach to PRIs members Selection processes is not transparent and not going through gram
sabha
Middle men are exploiting to potential beneficiaries of the schemes No participation of people in the gram sabha Eligible beneficiaries are not getting space in the selection processes
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Group 2 Discussed about problems MDM, JSY, NFBS, MGNREGA
Problems in Mid Day Meal
Lack of awareness about provisions of schemes MENU not followed Quality not ensured in food Food are not making as per the attendance Education committee is not active Teachers are giving more concentration in food preparation
Problems in Janni Suraksha Yojna
Lack of awareness Lack of trust in health service providers Processes of payment is delayed Lack of services of professional doctors at PHC
Problems in National Family Benefit Schemes
Lack of Awareness More demand of Bribe No timely payment Processes of death certification is complicated & time consuming
Problems in MGNREGA
Lack of awareness how to demand wage work waiting that work begiven by PRIs and Panchayat Rojgar Sewak
Difficulties in preparing Job Card Not getting wage work through easy process not getting 100 day
wage work in one financial year
Women are not getting wage work opportunities as per provisions Work site facilities not ensured Social audit not organized Job card is not preparing for women
Facilitators has concluded the session by stating that details of the schemes
provisions and violation reporting / grievance redressal mechanism will bediscussed in details in another session.
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Session 7. Food Dimension
As per ICMR one adult need minimum 14 kg cereal One family (05 members) requires 70 Kg cereal Planning Commission considered calories to define poverty in India The person who consumes below than 2400 cal (rural) & 2100 (urban)
will consider BPL
Current National Debate on food rights
Supreme Court interim order related to Food Entitlement schemes processes continuing and also incorporated different dimensions
Political system UPA 1 promised to frame legislations on Food UPA 2 Congress Party include the Food Rights in election manifesto
President of India promised to frame the laws
NAC of UPA Chairperson Mrs Sonia Gandhi taken the agenda on boardand initiated the process for framing the food bill National FoodSecurity Bill
Government (food ministry) rejected there major part ofrecommendation
NAC has given the proposed NFSB to EGOM EGOM Food Ministry Parliamentary standing committee for getting
public opinionEGOM Parliament
Key features of National Food Security Bill
Poverty coverage extended Redressal mechanism introduced for transparency & accountability Central Food Security Fund State Food Security allowance Fund Programme to constitutional rights like MGNREGA
Need of hour
Building progressive environment Placing and keep momentum at public domain on NFSA Keep contacting media functionaries for making it alive Consultation needed at various level Inclusion of productive resources (water, land, forest, credit, wages,
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etc) debate as current focus is limited only on distribution
Make Nutritional dimension as integral part Sustained struggle for universalisation of food entitlements
Session 8. Violation Mechanism & Processes
Why Violation mechanism needed
Inclusion & Gender Perspective Promotion of Transparency & Accountability Culture Ensuring implementation of Food Entitlement schemes in favour of
eligible beneficiaries
Processes of Violation Reporting
Identification of cases of violation Gathering information about the available policies and system Mapping the different stakeholders and their roles assessment Inform the victims Data collection with authentic facts with inputs sessions Collection of testimonies
Action Points
Collection of relevant authority with their address, phone & fax Letter Writing to authority Delegation visits to authority Meeting with policy makers Media advocacy Legal action as per need and aiming towards its logical end
Examples of Urgent Action of FIAN International Mr. Sanjay has sightedexamples of Urgent action of FIAN. Refer Annexure 1 for details about theURGENT ACTION on non functioning of ICDS.
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Session 9. National Right to Food Campaign
Mr. Rupesh, State Advisor to Food Commissioners has briefly explainedabout the National Right to Food Campaign.
Some points need attention
How many poor families distortion of BPL is common Does people died from hunger debate? Society agenda -
Refer attached Power point presentation RTF.ppsx
Later Mr. Rupesh has explained about the different Food EntitlementSchemes and he requested that please get update on the current provisionsof the food entitlemewnt schemes from website address
At the same time one can also use Right to Information Act for getting exactinformation related to food entitlement schemes of PDS, ANNAPURNA Yojna,ANNATODAYA Yojna, ICDS, MID DAY MEAL, Janni Suraksha Yojna, Old AgePension, National Family Benefit Schemes, MGNREGA,
Refer attached Power Point presentation Food Entitlement Schemes.
Session 9. Violation Reporting Mechanism
Mr. Rupesh has explained about the violation reporting mechanism
Existing platform of grievances redressal and violation gram sabha,gram kachahari, use of RTI, Legal Process, etc
Collection of violation cases with authenticity and signature of thevictims
Preparation of report Sending report to concern block & district level authority and one
copy to Mr. Rupesh, State Advisor to Food Commissioner, Bihar
Follow up of the cases with the respective departmentMr. Rupesh has stressed upon authenticity of the complaints with details ofname of the affected person, his / her father / husband name, villages,gram panchayat. Mr. Ashok has later stated that before moving ahead in theviolatation reporting the organization should be properly informed about theprogress on the same.
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Lastly feedback session was facilitated and participants have given theirfeedback related ton training programme.
Training programme ended with vote of thanks by Mr. Ashok. He hasthanked to participants and resource person for their participation in the
programme. He hoped that in the coming day rate of food entitlementsschemes will be increased in the project operational areas and violationreporting & grievance redressal will be done under the leadership of thevictims / community based organization.
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Training programme ended with vote of thanks by Mr. Ashok. He hasthanked to participants and resource person for their participation in theprogramme. He hoped that in the coming day rate of food entitlementsschemes will be increased in the project operational areas and violationreporting & grievance redressal will be done under the leadership of thevictims / community based organization.
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Annexure 1. Examples of Violation Reporting FIAN India
Non-implementation of Integrated Child Development Services threatens theright to food of children and women in Jalalpur village of Uttar Pradesh.ICDS programmes address the health and nutrition needs of children under
the age of six and also extend to adolescent girls, pregnant women andnursing mothers.
ICDS is provided through a network of centers called Anganwadis (AWC). Itis mandatory for the state to provide AWC for every settlement with fortychildren. However, in Jalalpur where 300 families reside, including 100children, the state has failed to establish AWC, thereby making children andwomen susceptible to hunger and under nourishment.
Call to Action
An international action is urgently needed to ensure that the state providesICDS in Jalalpur so that children and women can receive supplementarynutrition and health care. Please write polite letters to the Minister ofState of the Ministry of Women and Child Development requesting her tomeet the obligations under the human right to food.
In India, 16 percent of the population is below six years of age and everysecond child is underweight. The number of children who are anemic duringtheir first 35 months has been rising during the past few years to an
alarmingly high rate of 85 percent. In Uttar Pradesh, according to theSample Registration Service (SRS) 47 percent of the children under 3 areunderweight and 34 percent of the women have a body mass index belownormal.
The Integrated Child Development Services (ICDS), established in India in1975, is the major national program addressing the health and nutritionneeds of children under the age of six. It seeks to provide infants and youngchildren with an integrated package of services, including supplementarynutrition, health care and pre-school education. Since the needs of a childcannot be addressed in isolation from those of his or her mother, the
program also extends to adolescent girls, pregnant women and nursingmothers. ICDS services are provided through a vast network of ICDS centers,better known as "Anganwadis" (AWC). It is mandatory for the stategovernment to provide an AWC to every settlement with 40 children.
The supplementary nutrition currently provided is cereal based and does nottake into consideration the protein and vitamin requirements of the childrenand young women. However, the Supplementary Nutrition Programme,rendered under the ICDS, is one of its prime services that provide nutritiousfood to the children in the age group of 6 months to 6 years, pregnantwomen and lactating mothers. Priority is given to the families living below
the poverty line.
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Although the ICDS scheme has been working for over 30 years, the numberof malnourished children is still very high. In many settlements, particularlyslums or rural areas, children are still excluded from the benefits of thescheme. The situation in Jalalpur village is a case in point. The village ofJalalpur is located in Lakhimpur district in Uttar Pradesh and the home to
around 300 families. Most of them belong to the Dalit caste. The mainsource of food for the locals is rice that lacks a variety of vitamins orproteins. There are around 100 children in the village, but there is no AWCor school despite the fact that it is mandatory for the state government toset up an AWC for each settlement with at least 40 children. The people ofJalalpur are being ignored and discriminated by local authorities.
FIAN MANDATE
India is a state party to the International Covenant on Economic, Social and
Cultural Rights. Therefore it is duty bound under international law to fulfillits peoples right to food. By failing to effectively implement the ICDS andan AWC in the village of Jalalpur, the state of Uttar Pradesh, and henceIndia, violates the right to food and breaches its international obligationsunder the Covenant.
As a consequence children and women there are denied nutritional andhealth benefits they are entitled to. Lack of nutritional benefits makesthem susceptible to hunger and under nourishment and prone to illnesses.
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Annexure II participants list
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Annexure III. Tentative Training Programme Schedule on Concept of Right toFood & Food security
Particulars Description Duration
Registration of Participants 9.00a.m. 9.30a.m
Introduction & Welcome 9.30 a.m. 9.45 a.m.
Brief introduction ofparticipants & their workingareas & responsibilities
Present Context of theorganization interventiontowards Right to Food Agenda Highlights of the NGOsintervention
9.45 a.m. 10.15a.m.
Objective & Expectation ofparticipants from theTraining workshop on RTF
10.15 a.m. 10.45a.m.
Concept of Right to Food Introduction & backgroundcontext National context
10.45 a.m. 11.15a.m.
Tea Break 11.15 a.m. 11.30a.m.
Concept of Food Security International & Nationalperspective
11.30 a.m. 12.00p.m.
Differences between Right toFood, Food Security and Food
Sovereignty
Theoretical ConceptPresentation
12.00 p.m. 1.00p.m.
Lunch Break 1.00 p.m. 2.00 p.m.
Scope of Rights BasedApproach
Key aspects of Right BasedApproach
2.00 p.m. 2.40 p.m.
Experiences of participants Use of Rights Based Approach 2.40 p.m. 3.30 p.m.
Tea Break 3.30 p.m. 3.45 p.m.
Nutrition & Health Aspects 3.45 p.m. 4.30 p.m.
Conclusion 4.30 p.m. 5.00 p.m.
Day II
Recap of the first Day 9.30 a.m. 9.45 a.m.
Human Right Perspectives incontext of RTF
Right Based Approach andGeneration of rights
9.45 a.m. 10.30a.m.
Right to Food & Livelihood National & Internationalcommitments & government
obligation such as MDGs
10.30 a.m. 11.00a.m.
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Tea break 11.00 a.m. 11.15a.m.
Food Entitlements Food Entitlements Social
Security & Food securityschemes supreme courtguideline
11.15 a.m. 11.45a.m.
Status of Schemes in theproject operational areas
Realization status
Processes of realization
11.45 a.m. 12.00a.m.
Experience sharing Invited Resource Person fromother agency working on Rightto Food Concept
12.00 a.m. 1.00p.m.
Strategy of different agencyon Right to Food
Sharing of experiences and itdocumentation strategy
National & state action on Rightto Food
2.30 p.m. 3.15 p.m.
Alliance & Networking About Alliance & Networking asan strategy to address right tofood
How to support International,
National, & Regional leveladvocacy campaign with grassroot initiatives
2.40 p.m. 3.15 p.m.
Tea Break 3.30 p.m. 3.45 p.m.
Action Agenda Way Forward Presentation of Action Plan &Follow up Strategy with timestructure
3.45 p.m. 4.15 p.m.
Feedback session 4.15 p.m. 4.30 p.m.
Conclusion & Thanks 4.30 p.m. 4.45 p.m.
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Annexure IV. Invitation Letter
Dear partners in development,
Greetings & Wishing you all Happy New Year 2011!
Hoping that your work is in full swing. For making our project / programme morecomprehensive in the interest of target community groups, we had conducted two
days training cum exchange programme on Mahatma Gandhi National RuralEmployment Guarantee Act. We anticipate that you all must have done fewactivities for ensuring wage work entitlements under MGNREGA.
As next step, together with Karma Consultants I am very happy that we are againimparting training on Right to Food issues in Patna. The objectives of thetraining are as follows:
Perspective building among representatives of partner organization about rightto food agenda
To increase the pace of entitlements of Right to Food Entitlements in favour ofeligible target families
Mainstreaming of food right issues in the regular course of implementationamong partner organization with gender & inclusion perspective
To define the roles of CBOs and partner NGOs in monitoring the violation andfulfillment of rights and human rights of food
To work out strategic direction for initiation of Right to Food Campaign in thestate of Bihar
All partners of DKA and KFB Austria are cordially invited to participate in this
training programme. Please send not more than two team members on 24-25thJanuary 2011 to Sewa Kendra, Patna. We request you all to kindly come with basicobservation of your project areas about status of functioning of ICDS, Mid DayMeal, TPDS, Annatodaya Yojna, Annapurna Yojna, National Family Benefit
Schemes, etc. For details of the training, any questions please kindly consult AshokKumar Sinha, Karma Consultants - Mob no 9431810206 / email id [email protected]
I am wishing you a successful and interesting training.
Yours sincerely,
Eva
Dr. Eva Wallensteiner
Project Dept.
----------------------------------------------------------
DKA Austria / kfb AustriaWilhelminenstrae 91/II f
1160 ViennaAustriaPhone: +43-1-4810991-73Fax: +43-1-4810991-30E-Mail: [email protected]
Web: www.dka.at, www.teilen.at
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