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Volume 40 (May 2019) ARTICLES Volume 40 (May 2019) ARTICLES Protecting Food Security as a Socio-Economic Right in Ethiopia Rachel Zuroff 2019 CanLIIDocs 3714 The Milkmaid’s Tale: Veganism, Feminism, and Dystopian Food Futures Angela Lee Re(de)fining Prostitution and Sex Work: Conceptual Clarity for Legal Thinking Debra Haak Freedom of Association and Indigenous Governance Kate Scallion Mind the (Liability) Gap: The Relevance of the Duty of Care to Hold Transnational Corporations Accountable Adeline Michoud Wait and See: Regulating Ontario’s Litigation Lending and Commercial Litigation Funding Markets Josh Tayar Copyright © Windsor Review of Legal and Social Issues 2019 All rights reserved. No part of this journal may be reproduced in any form or by any electronic or mechanical means, including information storage and retrieval systems, Without permission from the editors. Reproduction of this material Without authorization is a violation of copyright. Citation (2019) 40 Windsor Rev Legal Soc Issues. 2019 CanLIIDocs 3714 WINDSOR REVIEW OF LEGAL AND SOCIAL ISSUES 2018-2019 EDITORIAL BOARD Volume 40 Editor in Chief Terra Duchene Business Manager Executive Articles Editor Solicitations Editor George Soules Jack Saraiva Evon Gayle Summer Business Manager Cristina Fulop Copy Editors Citations Editors Solicitations Associates Melanie GoodfelloW Kaffie Abdirashid Margarita Dvorkina Adrian Halpert Savreet Chuckal Kan-Wook Lee 2019 CanLIIDocs 3714 Rachel Herscovici Tully Cogswell Nimani Samarakkody N.A. Kandel Rebecca Flynn Rubaina Singh Alessandra Quennesson Cristina Fulop Ali Tejani Julie Sakran Natasha Stevanovski Claudia Tsang Panipal Sarkis-Michael Jessica Wong Associate Editors Imad Alame Liis Jakobson Adrin Shojae Adrian-Zita Bennett Mohamed Kurdi Primiya Sivamoorthi Erli Bogdani Kayley Leon Bennison Smith Kelsey Buchmayer Nicole Mahadeo Lauren Stokes Robert Cohen Maria Patterson Farnaz Talebpour Ayesha De Silva Erin Pervin Heather Tuck Patricia Dimakos Jacob Robinson Michelle Vinitsky Ramisha Faroq Taylor Schopp Steven Vitella Narmada Gunawardana Sharath Voleti Business Associates Claire Allsop Jocelyn Fritz Leah Burlock Novera Hasan Khan Digital and Social Media Editor Savreet Chuckal Faculty Advisor Professor Claire Mummé 2019 CanLIIDocs 3714 Vol. 40 Windsor Review of Legal and Social Issues 1 PROTECTING FOOD SECURITY AS A SOCIO-ECONOMIC RIGHT IN ETHIOPIA Rachel Zuroff* I. INTRODUCTION International human rights laW recognizes and protects the right to food.1 However, the growing Worldwide trend in transnational “large-scale acquisitions and leases of arable land” (“LSLAs”)2 puts this human right at risk by displacing communities and depriving them of the natural resources on Which they depend.3 In Ethiopia, the risks posed by LSLAs to the right to food are acutely illustrated 2019 CanLIIDocs 3714 by the situation in the Gambella, a region in Western Ethiopia principally * Rachel Zuroff obtained a BCL//LLB from McGill University's Faculty of Law. After graduation, she articled at the Food and Agriculture Organization of the United Nations and completed a Judicial Fellowship at the International Court of Justice. This paper Was originally written as part of an independent research project under the supervision of Professor René Provost. 1 Universal Declaration of Human Rights, GA Res 217A(III), UNGAOR, 3rd Sess, Supp No 13, UN Doc A/810 (1948) 71 [UDHR]; International Covenant on Economic, Social and Cultural Rights, 16 December 1966, 993 UNTS 3 (entered into force 3 January 1976) [ICESCR]. 2 Often known as land grabs. 3 See e.g. Anuradha Mittal & Elizabeth Fraser, Losing the Serengeti: The Maasai Land that was to Run Forever (Oakland: Oakland Institute, 2018); Frédéric Mousseau & Peiley Lau, The Great Timber Heist: The Logging Industry in Papua New Guinea (Oakland: Oakland Institute, 2016); Rede Social de Justiça e Direitos Humanos, GRAIN, Inter Pares & Solidarity Sweden, “Foreign Pension Funds and Land Grabbing in Brazil” (November 2015), online: GRAIN <wWW.grain. org/article/entries/5336-foreign-pension-funds-and-land-grabbing-in-brazil>; Simon Romero, “TIAA-CREF, U.S. Investment Giant, Accused of Land Grabs in Brazil”, The New York Times (16 November 2015), online: <wWW.nytimes.com/2015/11/17/World/americas/tiaa-cref-us-investment-giant-accused-of-land- grabs-in-brazil.html?r=0>; John Parker, “The Madagascar model”, The Economist (13 November 2009), online: <WWW.economist.com/node/14742547>; Eric Holt-Giménez & Raj Patel, Food Rebellions! The Crisis and the Hunger for Justice (Cape ToWn: Pambazuka Press, 2009) at 97; Javier Blas & William Wallis, “US Investor Buys Sudanese Warlord’s Land”, Financial Times (9 January 2009), online: <WWW.ft.com/content/a4cbe81e-de84-11dd-9464- 000077b07658>. 2 Windsor Review of Legal and Social Issues Vol. 40 inhabited by the minority Anuak group. Under the guise of its “villagization” program, the Ethiopian government is forcibly displacing hundreds of thousands of Anuak from their ancestral land to neW villages. Ostensibly, the government claims that the relocation project is meant to provide the Anuak With access to basic socio-economic infrastructures. However, not only is the program taking place in areas Where significant land investment is planned or occurring, but the neW villages predominantly lack adequate food, farmland, health care, and educational facilities. The program thereby exacerbates the Anuak’s food security and violates their right to food.4 This paper examines how international laW can be used to address these human rights violations. Part tWo provides an analysis of the current state of international laW on the right to food. Part three describes the threat posed by 2019 CanLIIDocs 3714 large-scale land acquisitions to the right to food in Africa generally and in Ethiopia specifically. Part four addresses some common critiques raised against legally enforcing socio-economic human rights. Part five critically examines tWo commonly proposed responses to the risks posed by large-scale land acquisitions: codes of conduct and land titling. Finally, Part 6 offers an alternative vision to protecting the right to food based on land use rights. This paper calls for the implementation of domestic legislation that protects the Anuak’s security of tenure through the enshrinement of land use rights to avoid future displacement and dispossession in the Gambella and elseWhere. II. INTERNATIONAL LAW AND THE RIGHT TO FOOD Several international legal instruments establish the existence of the right to food. These include Article 25 of the Universal Declaration of Human Rights, Widely recognized as customary international laW, and adopted by Ethiopia, and Article 11 of the International Covenant on Economic, Social and Cultural Rights (“ICESCR”), signed and ratified by Ethiopia. According to the 4 Felix Horne & Laetitia Bader, “‘Waiting Here for Death’: Forced Displacement and ‘Villagization’ in Ethiopia’s Gambella Region”, Human Rights Watch (16 January 2012), online: <WWW.hrW.org/report/ 2012/01/16/Waiting-here-death/forced-displacement -and- villagization-ethiopias-gambella-region> [Horne & Bader]. Vol. 40 Windsor Review of Legal and Social Issues 3 Committee on Economic, Social and Cultural Rights (“CESCR”), the right to food is realized When every person has at all times the necessary physical and economic access to adequate food or the means for its procurement.5 Moreover, the CESCR recognizes that the right to food is not to be interpreted in a narrow or restrictive sense, Which equates it With a minimum package of calories, proteins, or other specific nutrients.6 In the Words of Olivier De Schutter, the UN Special Rapporteur on the Right to Food from 2008–2014, the right to food means: [R]egular, permanent and unrestricted access, either directly or by means of financial purchases, to quantitatively and qualitatively adequate and sufficient food corresponding to the cultural traditions of the people to Which the consumer belongs, and Which ensure a physical 2019 CanLIIDocs 3714 and mental, individual and collective, fulfilling and dignified life free of fear.7 De Schutter thus Warns against confusing the realization of the right to food With increasing aggregate production of agricultural products or With improved macro-economic indicators.8 Like all human rights, the right to adequate food imposes three levels of obligations on State parties: the obligations to respect, to protect, and to fulfil. The obligation to respect requires State parties not to take any measures that result in preventing existing access to adequate food. The obligation to protect requires States to take measures to ensure that enterprises or individuals do not deprive individuals of their access to adequate food. Finally, the obligation to 5 Committee on Economic, Social and Cultural Rights, Substantive Issues Arising in the Implementation of the International Covenant on Economic, Social and Cultural Rights: General Comment 12: The Right to Adequate Food, UNESCOR, 20th Sess, 1999, UN Doc E/C 12/1999/5 at para 6 [General Comment 12]. 6 Ibid. 7 Office of the High Commissioner for Human Rights, “Special Rapporteur on the right to food”, online: United Nations Human Rights Office of the High Commissioner <wWW.ohchr.org/EN/issues/food/ Pages/FoodIndex.aspx> [High Commissioner for HR]. 8 Olivier De Schutter, “Countries Tackling Hunger With a Right to Food Approach” (May 2010) UN Special Rapporteur on the Right to Food, Briefing Note 01 (Office of the High Commissioner for Human Rights). 4 Windsor Review of Legal and Social Issues
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