HRLN files Amicus in before Republic of Uganda for establishing food reserves
MIsc Appeal in CIVIL APPEAL N0.______OF 2020 AND 1. CENTER FOR FOOD AND ADEQUATE LIVING RIGHTS (CEFROHT) 2. ATTORNEY GENERAL | Court of Appeal of Uganda | Status: Pending | |
The High court of Uganda at Kampala brushed away the claim of CEROHT on access to food from government strategic food reserves to stabilize the rising food prices
on the market and enable easy access to food by all and declaring that the Country is a violation of and threat to rights guaranteed under the National Objectives and Directive Principles of State Policy No.XXII, XXIII, Article 20, 8A and 45 of the Constitution of Uganda (as amended).
The SECR Net members including HRLN intervened by way Amicus in Appeal to the aforementioned proceedings by mainly summarising the following -
Established international, regional, and comparative right to food standards inform and reinforce the Ugandan State’s human rights duties to respond to the novel coronavirus (COVID-19) pandemic by:
1) recognizing and enforcing the right to food within the domestic legal order;
2) appropriately providing for all necessary food distribution during the pandemic;
3) establishing and maintaining food reserves;
4) ensuring economic accessibility of food and food price stabilization;
5) ensuring food safety; and
6) utilizing maximum available resources in the face of the food emergency.
It was argued that vis a vis Constitutional law of India the Universal Declaration of Human Rights, International Conventions of Economic, Social and Cultural Rights recognize the needs which include right to food, clothing, housing, education, right to work, leisure, fair wages, decent working conditions, social security, right to physical or mental health, protection of their families as an integral part of the right to life.
It was further stated that the PUCL v Union of India, the Supreme Court of India recognized Right to food was envisaged as being a component of the right to life and the Court issued a continuing mandamus to monitor the overall implementation.
It was stated that, the timeout, nonrestrictive, nonarbitrary compliance with international standards, focus on disadvantaged and marginalized, and grave and risky situations can effect in maximum realization in minimum available resorces.