September 2013 Structural Racialization and Food Insecurity in the United States A Report to the U.N. Human Rights Committee on the International Covenant on Civil and Political Rights
Elsadig Elsheikh and Nadia Barhoum
UNIVERSITY OF CALIFORNIA, BERKELEY
john a. powell, Director
Michael Omi, Associate Director
Stephen Menendian, Assistant Director A Response to the
Fourth Periodic Report of the United States of America, December 2011
Structural Racialization and Food Insecurity in the United States Submitted by Haas Institute for a Fair and Inclusive Society as part of 30 shadow reports that comprise the joint submission filed by the US Human Rights Network (USHRN), a compilation of shadow reports by civil and human rights organizations and advocates from across the country, and emphasizes shortcomings in the United States’ implementation of its funda- mental human rights obligations under the ICCPR, August 2013.
Prepared by Elsadig Elsheikh, Project Director, Global Justice Program and Nadia Barhoum, Research Fellow
In consultation with john a. powell and Stephen Menendian
Graphic Design by Samir Gambhir
Endorsed by Professor Miguel Altieri Department of Environmental Science, Policy, and Management, UC-Berkeley
Professor Molly Anderson Partridge Chair in Food and Sustainable Agriculture Systems, College of the Atlantic
Center for Food Safety www.centerforfoodsafety.org
Edible Schoolyard Project www.edibleschoolyard.org
Food Empowerment Project www.foodispower.org
Food First Institute www.foodfirst.org
Food & Water Watch www.foodandwaterwatch.org
Oakland Institute www.oaklandinstitute.org
Urban Tilth www.urbantilth.org Structural Racialization and Food Insecurity in the United States
INTRODUCTION
As a signatory to the United Nations’ and improve overall conditions for these impacted treaty on the International Covenant on Civil and Po- communities. litical Rights (ICCPR),1 the United States is obligated to declare and pursue a set of policies that would Access to adequate food is a broader eliminate all public and private practices that are concept that includes the right of a person or com- rooted in any form of racial and ethnic discrimina- munity to purchase or produce his or her own food. tion in order to guarantee that all citizens have eq- For an individual or community to produce their uitable access to their civil and political rights. The own food, they need access to land, seeds, water, United States government’s fourth periodic report of and other resources; and to purchase healthy food, 20112 (hereinafter the Report) celebrates the election one needs both financial resources and accessibility, of President Barack Obama as the first Black/African i.e. transportation and/or close proximity to where American President, as one of the steps forward to healthy food is produced or sold. eliminate all forms of racial discrimination. However, The United Nations’ Economic and So- the Report has failed to examine the outcomes of cial Council, in their general comment, defines ac- racialized policies that have led to food insecurity cess to healthy food as a rights issue: “[t]he right to among low-income households and people of col- adequate food is realized when every man, woman or. These outcomes include inadequate distribution and child, alone or in community with others, has of healthy and nutritious food and food deserts in physical and economic access at all times to ade- the U.S., which disproportionately impact the health quate food or means for its procurement,”3 and Ar- and well being of many communities of color. Fur- ticle 1 in the International Covenant on Civil and thermore, the Report failed to mention or reference Political Rights emphasizes that it is “the right of all any particular policies and remedies that the U.S. people to freely determine their political status and government must undertake to ensure the right and freely pursue their economic, social and cultural de- access to adequate food. Accordingly, the federal velopment.” In addition, the elimination of hunger government and legislative authorities have an obli- and malnutrition has been recognized in many in- gation to address these racial and ethnic disparities ternational covenants and declarations such as the 1 The International Covenant on Civil and Political Rights (ICCPR) adopted by Universal Declaration on Human Rights (1948), the the United Nations General Assembly on December 16, 1966, and put into force on March 23, 1976. The United States signed the Covenant on October Declaration of the Rights of the Child (1959), the 5, 1977, and the U.S. Senate ratified it on June 8, 1992. 3 U.N. Economic and Social Council. Committee on Economic, Social, and 2 U.S. Department of State: Fourth Periodic Report of the United States of Cultural Rights, 20th Session: General Comment 12 on the Right to Adequate America to the United Nations Human Rights Committee, December 2011, Food, Article 11. (E/C.12/1999/5) 12 May 1999. Available at:
Universal Declaration on the Eradication of Hunger The United States government has re- and Malnutrition (1974), the Declaration on the Pro- sponded to food insecurity in terms of government tection of Women and Children in Emergency and and private assistance, and charity programs, such Armed Conflicts (1974), the Declaration of Principles as the Domestic Nutrition Assistance Programs of the World Conference on Agrarian Reform and (DNAPs), the Supplemental Nutrition Assistance Rural Development (1979), the International Confer- Program (SNAP), the Special Supplement Nutrition ence on Nutrition (ICN), the World Declaration on Program for Women, Infants, and Children (WIC), Nutrition (1992), and many other international con- and food pantries and emergency kitchens. Despite ferences that emphasized the right to food.4 having these programs, the federal government still fails to recognize access to adequate food as a hu- Food insecurity in the U.S. has reached man rights issue. Therefore, the failure of U.S. law to a record high, affecting many low-income people, approach food insecurity as a fundamental human particularly people of color. The 2012 report by the rights issue has hindered federal and state capacity U.S. Department of Agriculture (USDA) revealed that to be consistent with the requirements of the ICCPR “[i]n 2011, 85.1 percent of U.S. households were treaty obligations.6 U.S. law and federal government food secure throughout the year. The remaining policies should strive to guarantee that all individuals 14.9 percent (17.9 million households [over 50 mil- and communities are free from want in terms of their 5 lion persons]) were food insecure.” The USDA report food security. Otherwise, the U.S. constitutional and statutory law is at risk of regressing further. FOOD INSECURITY Access to adequate food is a broader concept that includes the right of a person or community to pur- chase or produce his or her own food. For an indi- vidual or a community to produce their own food THE CONTEXT they need access to land, seeds, water, and other resources; and to purchase healthy food, one needs Currently in the United States, racial in- both financial resources and accessibility i.e. trans- equalities and disparities stem from structural racial- ization. While structural racialization does not require portation and or close proximity to where healthy racist actors, its outcomes generate and perpetuate food is produced or sold. preexisting racial and ethnic inequalities. Structural also found that “[f]or households with incomes near racialization is a “set of practices, cultural norms, or below the poverty line, households with children and institutional arrangements that are both reflec- headed by single women or single men, and Black tive of and simultaneously help to create and main- and Hispanic households, rates of food insecurity tain racialized outcomes in society.”7 As such, under- were substantially higher than the national average. standing that access to adequate life opportunities Food insecurity was more common in large cities – including the right to food – requires a more holis- and rural areas than in suburban areas and other tic approach to policy-making and implementation outlying areas around large cities.” Furthermore, from the U.S. government. In order to eliminate all food insecurity and food deserts are prevalent in ar- forms of racial and ethnic discrimination, which stem eas where other racialized policy outcomes are vis- from structural racialization, the federal government ible, such as areas impacted by home foreclosures, and legislative authorities need to guarantee equi- lack of funding for public schools, lack of adequate table access to education, transportation, housing, public transportation, and high levels of health dis- employment, and health care to all citizens and resi- parities. dents. Furthermore, to eliminate such structural bar- riers in the United States, one needs to analyze how 4 Such as the World Employment Conference (1976), the World Food public and private institutions are structured and how Programme (1977), the Codex Alimentarius Commission of the Code of Eth- government programs are administered and oper- ics for International Trade (1979), and the Plan of Action of the World Food Summit (1996). ated to reproduce racialized outcomes that harm 5 USDA, Coleman-Jensen, Alisha, Mark Nord, Margaret Andrews, and Steven 6 Fourth Periodic Report of the United States of America, December 2011. Carlson. Household Food Security in the United States in 2011; ERR-141, U.S. 7 powell, a. john: Post-Racialism or Targeted Universalism? Denver Univer- Department of Agriculture, Economic Research Service, September 2012. sity Law Review, Vol. 86 (2009). 2 Structural Racialization and Food Insecurity in the United States marginalized communities. Since the production of that continue to limit communities of color to ac- racial inequality in American society is less a prod- cess better socio-economic opportunities. As racial uct of individual racial animus or maliciously moti- and economic inequality remains endemic to most metropolitan regions in the U.S., it is exacerbated by STRUCTURAL RACIALIZATION the lack of coordination between local, state, and federal authorities. These racial and economic in- Structural racialization is a “set of practices, cultural equalities are built on preexisting racialized inequali- norms, and institutional arrangements that are both ties, including segregation and social isolation of reflective of and simultaneously help to create and many neighborhoods. As such, essential services, maintain racialized outcomes in society.” including access to fresh and healthy food, require adequate infrastructure that enable access to public To eliminate structural racialization in the United transportation, public safety services, and nutrition States, one needs to analyze the ways that public education programs in K-12 public schools. and private institutions are structured and how gov- ernment programs are administered and operate to While the ICCPR calls for the adapta- reproduce racialized outcomes that harm marginal- tion of special measures by signatory states to en- ized communities. sure the right of all people to pursue their economic, social and cultural development,9 the U.S. govern- vated private or public actors than structural forces, ment has attempted to rationalize policies that have the federal government and its legislative authority reproduced racialized outcomes and cite the exist- need to employ systemic and targeted intervention ing inequality as resulting from conditions beyond programs to eliminate racial and ethnic inequalities. its control. For example, the Report cites the Afford- able Care Act, signed into law by President Obama Causes of Food Insecurity and Food Deserts on March 23, 2010, as a statutory framework that “extend[s] the application of existing federal civil Under statutory framework, the Report rights laws prohibiting discrimination on the basis of correctly emphasized that, “[t]he federal government race, color, national origin, sex, disability, and age is actively engaged in the enforcement of such stat- to any health program or activity receiving federal utes against discrimination in the areas of employ- ment, housing and housing finance, access to public FOOD DESERTS accommodations, and education.”8 Yet the Report failed to mention that the policy-making authority, Food deserts are areas, often in urban neighbor- at the local, state and/or federal level, is highly frag- hoods, that are void of fresh and healthy foods and mented. This fragmentation has harmful implications where access to fresh and healthy foods is limited. on racial and ethnic equity in American society today. More than 23.5 million Americans, including 6.5 For example, racialized outcomes that stem from million children live in low-income urban and rural other domains, i.e. housing, education, transporta- neighborhoods that are more than one mile from tion, and income inequality, severely impact acces- the supermarket. sibility to healthy food, and increase food insecurity within many communities of color. Well-intentioned financial assistance, including credits, subsidies, or policy programs, such as the American Recovery and contracts of insurance; any health program or ac- Reinvestment Act of 2009, can work against actors tivity administrated by an executive agency; or any in other domains (i.e. worsening neighborhood con- entity established under Title I of the Affordable Care ditions and transportation, and increasing the wealth Act.”10 However, the Report failed to mention racial gap) to reproduce structural inequality to access- and ethnic disparities that persist with respect to food ing fresh and nutritious food at affordable prices for insecurity and food deserts. For example, the per- communities of color. Furthermore, food insecurity in centage of African Americans/Blacks and Latinos the U.S. is not a result of food shortages; rather, it is who face food insecurity in 2011 was 25.1% and a result of persistent structural and racial inequalities 9 Article 1 of the International Covenant on Civil and Political Rights ICCPR 8 Fourth Periodic Report of the United States of America, December 2011, (1966) see paragraph 42. 10 Id. see paragraph 44. 3 Haas Institute for Fair and Inclusive Society
26.2%, respectively, while the same statistic for the economic, legal and political structures. In that con- Caucasian/White population was approximately text, access to adequate and nutritious food shall be 13% during the same period. approached as a human rights issue and not simply viewed as an issue that can be addressed by a sys- While the Report recognized that health tem of assistance or charity. Moreover, access to safe disparities exist among White and non-White racial and healthy food also reflects the wider racial, ethnic and ethnic minority populations, it failed to recog- and class disparities in the U.S. that are caused by nize that access to healthy food is a fundamental structural inequality in health, social, economic, and aspect of well being for the whole society. The Re- political domains. port cites11 the Health and Human Services Action Plan to Reduce Racial and Ethnic Health Disparities The American Human Development Re- (USDHHS)12 as a strategy to end health disparities port 2013-201415 (AHDR) states that the well being and achieve health equity. The HHS action plan of individuals and communities depends on the fol- suggests that to address heart attacks, cancer and lowing: human development; access to knowledge; strokes, there is a need to address a “broad range a decent standard of living; and a long and healthy of risk factors and conditions including poor nutrition life. In three of these four indicators, people of color, and physical activities, tobacco use, and others.”13 with the exception of the long and healthy life fac- However, the HHS action plan avoids addressing tor, are placed behind the White population in the food insecurity and food deserts as major contribu- U.S. Similarly, in terms of longevity and earnings, tors to poor health among racial and ethnic minority the AHDR reveals that there has been extraordinarily populations. As such, neither the HHS action plan uneven progress, and some setback, over the last nor the Report provide any set of federal or state poli- decade with respect to minority populations versus cies to eliminate food insecurity and food deserts that White populations.16 Furthermore, the lack of eco- impact mostly marginalized communities in the U.S. nomic resources and physical access to healthy food forces people to make unrealistic “trade-offs between Structural Inequality and Food Insecurity purchasing low-cost, poor quality food and higher- It is now widely recognized that access to cost, healthful foods” that also “can make people 17 healthy and nutritious food is a human rights issue.14 vulnerable to both food insecurity and obesity.” The right to food requires governments to take ac- tion at the national level to build and ensure condi- Income Inequality and Food Insecurity tions that would allow all people at all times to feed As food insecurity has gotten worse since themselves and access nutritious food for their well the financial crisis of 2008, most Americans who live being. This includes easing the financial burden and below the poverty line have experienced mounting creating the means to access adequate and healthy challenges to adequately secure food in their house- food. Access to adequate food is not only a choice; it holds. Among those living below the poverty line, is a right that depends on strong and inclusive social, communities of color make up the majority,18 with
11 Fourth Periodic Report of the United States of America, December 2011, Native Americans holding the highest poverty rate see paragraph 498. at 29.5%.19 For example, the household wealth of 12 USDHHS, A Nation Free of Disparities in Health and Health Care 2011, White Americans, which is different from household available at
Michelle Obama’s initiative recognizes affordable food options on their shelves and provide the overwhelming disparities that exist with respect to customers with more information about healthy food food access and healthy living in the U.S., with more options.30 As part of this initiative, the U.S. govern- than 23.5 million Americans, including 6.5 million ment should only incentivize businesses that provide children, living in low-income urban and rural neigh- employees with livable wages, safe working condi- borhoods that are more than one mile from the su- tions, and benefits for all its workers in order to more permarket.27 However, the initiative must do more effectively prevent food insecurity among those who to address the disproportionate impact that food in- work in the food chain industries. Furthermore, a security and food deserts have on the overall health more targeted campaign to improve food accessibil- of communities of color: “African Americans are 1.8 ity and health within local communities would include times more likely to have diabetes as non-Hispanic working within existing local businesses to provide whites. It is estimated that 2.5 million of all Hispanic/ healthy food and education about nutrition. Rather than relying on an outside actor to bring in healthy HEALTH INEQUALITY foods to communities within food deserts, the U.S. government should do more to incentivize local busi- “African Americans are 1.8 times more likely to have nesses to provide healthier food within their stores diabetes as non-Hispanic whites…2.5 million of all to encourage better dietary habits. Moreover, such Hispanic/Latino Americans aged 20 years or older an incentive program would also provide more eco- have diabetes.” nomic sustainability for the community itself, which would allow more access to other opportunities. “Of all racial and ethnic groups, Native Americans and Alaskan Natives die at the earliest age due to Part of the White House’s plan to increase diabetes, 68.2 years. This is 6.4 years younger than awareness around food and health has been to map caucasions. the food deserts in America, using census data to track different population sectors by socio-economic Latino Americans aged 20 years or older have dia- indicators. While this information is very helpful for betes. Mexican Americans are 1.7 times more likely many different audiences (individuals, civil society to have diabetes as non-Hispanic whites;” and “Mor- actors, and planners), some of the information used tality rates associated with obesity and diabetes are obfuscates the facts on the ground. For example, the also higher within minority populations. Of all racial U.S. government’s North American Industry Classi- and ethnic groups, Native Americans and Alaskan fication System uses the same classification for both Natives die at the earliest age due to diabetes, 68.2 small and large supermarkets. However, smaller su- years. This is 6.4 years younger than Caucasians. Af- permarkets do not offer the same variety and options rican Americans die from diabetes at a rate of 97.6 of healthy foods as larger supermarkets. Moreover, per 100,000, much higher than for any other racial/ oftentimes, it is these small supermarkets that exist ethnic group.”28 within lower-income communities, while higher-in- come communities have access to the larger, better- The “Let’s Move” campaign has prom- stocked supermarkets. Additionally, the statistic from ised to open over 1,000 supermarkets that would a study about the local supermarkets in Santa Clara provide healthy food in urban neighborhoods. As County, California, perfectly describes the problem part of this, in July 2011, Walmart pledged to open with this system of classification: “large supermarkets 300 stores by 2016, but as of May 2012, only 23 represent 57.1% of all supermarket-classified loca- stores had been opened.29 The campaign also col- tions in the higher-income area” while “large super- laborated with Walmart to draft a “Nutrition Char- markets represent only 22.2% of the supermarkets ter” for the company to include healthier and more surveyed in lower-income areas.”31 As a result, these 27 Letsmove.gov. Promote Affordable, Accessible Food | Let’s Move! Avail- lower-income neighborhoods are being included as able at:
• Ensure that all workers in the food chain industries have access to quality jobs with dignified working conditions and livable wages. • Create economic opportunities and incentives for locally owned businesses to carry affordable, fresh, and healthy foods within food deserts. • Amend the classification guidelines for supermar- kets in the North American Industry Classification System to ensure that supermarkets can be classi- fied according to size and food inventory. • Make food and nutrition education mandatory within public school systems from elementary to high schools. • Provide healthy and affordable foods to all stu- dents within public schools K-12 across the U.S. • Encourage and fund both the U.S. Department of Health and Human Services, and U.S. Department of Agriculture36 to collect data and monitor dis- parities in food security and food deserts on the basis of income, race, ethnicity, gender, and im- migration status. • And lastly, further to the above, once such data is collected, policies should be created and imple- mented to mitigate food insecurity and provide targeted assistance to those impacted households and communities.
36 Currently the USDA’s Economic Research Services are collecting data on only 1.1 million individuals (0.4% of U.S. population). See USDA report: Coleman-Jensen, Alisha, Mark Nord, Margaret Andrews, and Steven Carlson. Household Food Security in the United States in 2011; ERR-141, U.S. Depart- ment of Agriculture, Economic Research Service, September 2012. 8 The Haas Institute for a Fair and Inclusive Society at University of California-Berkeley brings together researchers, organizers, stake- holders, communicators, and policymakers to identify and elimi- nate the barriers to an inclusive, just, and sustainable society and to create transformative change toward a more equitable nation. diversity.berkeley.edu/haas-institute
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