RECEIVED
pate: 30 JUN 2016

SEVENTEENTH CONGRESS OF THE REPUBLIC)

OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES|
HB. No, Bale REGISTRATION UNIT

Introduced by Representative Herminio Harry L, Roque Jr.

AN ACT
PROVIDING A FRAMEWORK FOR THE RIGHT TO AL

EXPLANATORY NOTE

The Fourth Quarter 2013 Social Weather Survey, fielded over 11-16 December

2013, found 18.1% or an estimated 3.90 million families experiencing involuntary hunger
at least once in the past three months. The Social Weather Station had found an average
hunger rate of 19.5% for the year 2013.' It is this situation of hunger that the right to
adequate food framework bill seeks to address. There is an urgent need to clarify that

adequate food is not a matter of charity, but of legal entitlement.

Consistent with the principles and rights enshrined in the 1987 Constitution, most

especially the right to life, as well as the provisions of the International Covenant on

Economic, Social and Cultural Rights (ICESCR), Convention on the Rights of the Child,
and Convention on the Elimination of All Forms of Discrimination against Women, to
which the Philippines is a party, itis the declared policy of the State to guarantee the right
to adequate food. Article 11 of the ICESCR provides:

1, The States Parties to the present Covenant recognize the right of

everyone to an adequate standard of living for himself and his family,
including adequate food... The States Parties will take appropriate steps to

*hrtp//www.sws.org oh/or20140122.htm viewed 13 February 2016,
1

HOUSE .F REPRESENTATIVES

EF E
BILLS AND iNDEX SERVIC!


ensure the realization of this right, recognizing to this effect the essential
importance of international co-operation based on free consent.

2. The States Parties to the present Covenant, recognizing the fundamental
right of everyone to be free from hunger, shall take, individually and
through international co-operation, the measures, including specific
programmes, which are needed:

(a) To improve methods of production, conservation and distribution
of food by making full use of technical and scientific knowledge, by
disseminating knowledge of the principles of nutrition and by
developing or reforming agrarian systems in such a way as to
achieve the most efficient development and utilization of natural
resources;

(b) Taking into account the problems of both food-importing and
food-exporting countries, to ensure an equitable distribution of world
food supplies in relation to need,

Scattered provisions in various Philippine laws guarantee certain aspects of the

right to adequate food. These include: RA 6657 (Comprehensive Agrarian Reform Law),

RA 8435 (Agriculture and Fisheries Modernization Act or AFMA), RA 8550 (Philippine
Fisheries Code), RA 7607 (Magna Carta for Small Farmers), RA 7884 (National Dairy
Act), RA 7900 (High Value Crops Act), RA 8178 (Agricultural Tariffication Act), RA
7308 (Seed Industry Development Act), RA 9168 (Plant Variety Protection Act), RA
7581 (Price Act), RA 71 (Price Tag Law), RA 7900 (High Value Crops Development Act
of 1995), RA 8550 (Philippine Fisheries Code), EO 51 (Milk Code), and RA 8976

(Philippine Food Fortification Act of 2000),

There is a need to harmonize these laws. A right to adequate food framework law
helps to strengthen food programs, and to ensure that they are maintained across time. A
framework law also contributes to improving accountability in the delivery of these

programs.

A framework law is important for setting targets to achieve, allocating

responsibilities for taking action to different branches of government, and coordinating


their action, Its ultimate aim is the eradication of hunger. In this regard, Section 6 of this
framework bill gives expression to freedom from hunger, as section 10 sets a target to

achieve zero hunger in 10 years.

Section 12 establishes a Commi:

ion on the Right to Adequate Food as the lead
agency to implement the right to adequate food. In accordance with sections 13 to 21,

appropriate measures are adopted, assigning responsib

ies across different departments
of government, as well as civil society organizations, and imposing deadlines. There is a
whole-of-government approach, in which various policies in the areas of health care,
education, employment and social protection, agriculture and rural development are
coordinated. ‘This approach makes possible the identification of synergies among
programs that fall under the responsibility of different departments, such as school-
feeding programmes that source from local small-scale producers, or food-for-work
programmes that improve rural infrastructures. A multi-year strategy combines short
term approaches that prioritize access to food for the hungry, and long-term concerns
aimed at removing the structural causes of hunger, building bridges across them, Sections

22 to 23 make possible available various kinds of relief in case of a violation of the act.

Many of the provisions of this framework bill are inspired by the Food and

Agriculture Organization Guide on Legislating for the Right to Food, Part Three

2

Framework Law.? To the extent possible, they have been adapted to the Philippine

context.

LY

HERMINIO HARRY L. ROQUE JR.

* utp: fa0.org/docrep/0 14/1081 Se/i081 SeD4 pall


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SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.B. No. 5

Introduced by Representative Herminio Harry L. Roque

AN ACT
PROVIDING A FRAMEWORK FOR THE RIGH

‘O ADEQUATE FOOD

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Right to Adequate
Food Framework Act.”
SECTION 2. Declaration of Policy. ~ It is hereby declared the policy of the State

to guarantee the right to adequate food.

Adequate food is not a matter of charity, but of legal entitlement. Hunger is
inconsistent with human dignity and human rights, and must be eliminated, The aim of
this act is to provide a framework, within which hunger will be addressed in an organized
way, and through which hunger may be ended.

SECTION 3. Definition of Terms. ~ As used in this Act, the following terms shall
be defined as follows:

a. Food means nourishment that includes solid, liquid and  semi-tiquid

nourishment, as well as drinking water.

b. Hunger means a spectrum of situations, from starvation, which is not having
enough food of any sort to eat, to undernourishment, which is having enough
food to eat, but of inadequate quality.

©. Right to adequate food means the tight to have regular, permanent and

unrestricted access, either directly or by means of financial purchases, to

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quantitatively and qua

itatively adequate and sufficient food, corresponding to
the cultural traditions of the people, to which he or she belongs, and which
ensure a physical and mental, individual and collective, fulfilling and dignified
life, free of fear.

d. Vulnerable groups refers to those who are particularly disadvantaged. These
include indigenous peoples, ethnic, linguistic or religious minorities, persons
with disabilities, individuals living with HIV/AIDS, refugees and internally

displaced people, women and children.

3CTION 4. Normative Content. — The right to adequate food is realized when
every man, woman and child, alone or in community with others, has physical and
economic access at all times to adequate food, or means for its procurement, The right to

adequate food will therefore not be interpreted in a narrow or restrictive sense, which

equates it with a minimum package of calories, proteins and other specific nutrients.

The right to adequate food will have to be realized progressively. However, the core

obligation is to take the necessary action to mitigate and alleviate hunger, even in times
of natural or other disasters. Central to the realization of the right to adequate food is
adequacy and sustainability of food availability and access,

The concept of adequacy is particularly significant in relation to the right to

adequate food since it serves to underline a number of factors which must be
taken into account in determining whether particular foods or diets that are
accessible, can be considered the most appropriate under given circumstances.
The notion of sustainability is intrinsically linked to the notion of adequate
food or food security, implying food being accessible for both present and
future generations. The precise meaning of adequacy is to a large extent
determined by prevailing social, economic, cultural, climatic, ecological and

other conditions, while sustainability incorporates the notion of long-term


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availability and accessibility. The core content of the right to adequate food
implies:

i, The availability of food in a quantity and quality suffici

nt to satisfy the
dietary needs of individuals, free from adverse substances, and
acceptable within a given culture; and

ii, The accessibility of such food in ways that are sustainable, and that do

not interfere with the enjoyment of other human rights.
b. Dietary needs imply that the diet as a whole contains a mix of nutrients for
physical and mental growth, development and maintenance, and physical
activity, that are in compliance with human physiological needs at all stages

throughout the life cycle, and according to gender and occupation, Measures

therefore need to be taken to maintain, adapt or strengthen dietary diversity and

appropriate consumption and feeding patterns, including breast-feeding, while

ensuring that changes in availability and ac

e
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=

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lo not negatively affect dietary composition and intake
c. Freedom from adverse substances sets requirements for food safety and for a
range of protective measures by both public and private means to prevent
contamination of foodstuffs through adulteration, or through bad
environmental hygiene, or inappropriate handling at different stages
throughout the food chain. Care must also be taken to identify and avoid or

destroy naturally occurring toxi

d. Cultural or consumer acceptability implies the need also to take into account,

as far a

. perceived non nutrient-based values attached to food and

possib
food consumption and informed consumer concerns regarding the nature of

accessible food supplies.


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e, Availability refers to the possibilities either for feeding oneself directly from

productive land or other natural resources, or for well-functioning distribution,

processing and market systems that can move food from the site of production

to where it is needed in accordance with demand,

f. Accessibility encompasses both economic and physical acce

‘lity:

Economie accessibility implies that personal or household financi
costs associated with the acquisition of food for an adequate diet should

be at a level such that the attainment and satisfaction of other basi

needs are not threatened, or compromised. Economic as ibility

applies to any acquisition pattern or entitlement through which people
procure theit food, and is a measure of the extent to which it is
satisfactory for the enjoyment of the right to adequate food, Socially
Vulnerable groups such as landless persons and other particularly
npoverished segments of the population need attention through special

programme:

Physical accessibility implies that adequate food must be accessible to
everyone, including physically vulnerable individuals, such as infants
and young children, elderly people, those belonging to the informal
sector, the physically disabled, the terminally ill and persons with

persistent medical problems, including the mentally ill, Victims of

natural disasters, people living in disaster-prone areas, and other

specially disadvantaged groups, need special attention, and sometimes
priority consideration with respect to accessibility of food. A particular
vulnerability is that of many indigenous population groups whose

access to their ancestral lands is threatened.


1 SECTION 5. Conditions for the Exercise of the Right to Adequate Food. — Every

2 person has the right to live in conditions that enable her or him to:

3 a. either feed herself or himself directly from productive land or other natural
4 resources, or rely on well-functioning distribution, processing and market
5 systems, or both;

6 b. be financially able, not only to acquire a sufficient quantity and quality of food,
7 but also to satisfy her or his other basic needs;

8 ©. be safe from the risk of losing access to food, as a consequence of sudden
° shocks, like an economic or climatic crisis, or cyclical events, such as seasonal
10 food insecurity;

u d, have the opportunity of good food utilization, through access to an adequate
2 diet, clean water, sanitation and health care, to reach a state of nutritional well-
3 being, where all physiological needs are met; and

4 foods or diets that are the most appropriate under given circumstances,
15 in terms of their nutritional value and cultural acceptability.

16 Every girl and boy has a right to adequate food and nutrition adequate for her or his

17 age, allowing her or him to grow and develop.
18 —_ Every woman has a right to adequate food and adequate nutrition during pregnaney
19 and lactation,

20 No limitation on the right to adequate food may be allowed, unless it is provided by
21 lavy, is necessary for the purpose of a compelling public interest, and is compatible with

22. the nature of the right to adequate food.

23 SEC

“TION 6. Freedom from Hunger. - Every person has a right to be free from

24 hunger. Every person suffering from hunger or undernourishment, or at risk of suffering

25 from hunger or undernourishment, is entitled to a minimum amount of food according to

26 his or her age, sex, health status and occupation, as provided for in section 15 of this Act.
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SECTION 7. Non-discrimination. - Any distinction, exclusion or restriction made on

the basis of race, colour, sex, age, language, religion, political or other opinion, national
or social origin, property, birth or other status, which has the effect or purpose of
impairing or limiting the capacity of an individual to exercise his or her right to adequate
food, is unlawful and will be sanctioned in accordance with the law.

All forms of discrimination against women with regard to the guaranteed right to

adequate food, including less favourable treatment of women for reasons of pregnaney

and maternity, will be eliminated and prevented. The equality of opportunities between

men and women will be promoted.

‘The prohi n of discrimination will not be read to include government action to
remedy past effects of discrimination against particular individuals or groups and, to

promote equality of opportunities with regard to the right to adequate food,

SECTION 8. Principles

‘The principles upon which the provisions of this act are
founded, and which must be observed in the process of realizing the right to adequate

food, are:

a, Participation: People are able to determine their own well-being and participate

in the planning, design, monitoring and evaluation of decisions affecting them.

Individuals are able to take part in the conduct of public affairs, including the

adoption and implementation of State policies. Such participation is active, free

and meaningful, whether it is exercised directly or through intermediary
organizations representing specific interests. It is supported by capacity-
building where necessary.

b. Accountability: Public officials are answerable to their superiors, and to the
people they serve, for their actions. Application of the principle of

accountability in the context of the framework law requires clear assignment of

responsibilities and functions to public authorities for implementation of the
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framework law and any subsequent measures to be taken. In addition, the
expected results are spelled out clearly and appropriate procedures are
established.

Non-

rimination: It is a level of protection of human rights objectively and
reasonably the same for everybody, irrespective of sex, age, race, colour,
religion or any other ground, In addition to specifically prohibiting
discrimination on any ground, this principle requires specific measures aimed
at correcting de facto discrimination or eliminating conditions that cause or
help to perpetuate discrimination, as well as measures promoting equality. In
the context of this framework act, it means paying particular attention to those
groups that cannot enjoy their rights as fully as others.

Transparency: It is open access by the public to timely and reliable information

‘on the decisions and performance of public authorities. Holders of public office

are as open as possible about all their decisions and actions that may affect the
free exercise of the right to adequate food. Applying the principle of

transparency within the context of the framework law means that right-holders

are provided with essential information about the decision-making process and

those accountable and responsible for it. Right-holders also have the power to
demand information on the processes that feed into the achievement of the
particular entitlement, with an easy and low-cost corrective check to
maladministration

Human dignity: It is the absolute and inherent worth that persons have, simply
because they are human, not by virtue of any social status or particular powers.
The framework law recognizes in an unequivocal form that every person has a

right to adequate food. To comply with this principle in the implementation of


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. Rule of law: It means that governmental authority is leg

the framework act, the State, through its public officials, treats persons equally
and respects their human worth and dignity.

Empowerment: People have the power, capacities, capabilities and acce

needed to change their own lives, including the power to seek from the State
remedies for violations of their human rights, This principle is the logical

consequence of all the preceding principles. In the context of the framework

act, the empowerment principle entails the inclusion of specific provisions on

awareness-raising, capacity-building and right to adequate food education

imately exercised

only in accordance with written, publicly disclosed and accessible laws,

adopted and enforced in conformity with established procedures, The principle

is intended as a safeguard against arbitrary use of State authority and lawless

acts of both organizations and individuals, Any implementing rules and

regulations to be adopted for ensuring the implementation of the framework act

will be clear, fair and accessible, The rule of law also means that no person or
body can breach the law with impunity. There is access to justice including the
right to an effective remedy for anyone whose rights are violated, as well as the

guarantee of due proces:

all legal proceedings.

SECTION 9. Governmental Obligations. ~ The State has the duty to respect,

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protect and fulfil the right to adequate food

Respect: It is the duty of the State not to interfere with or impair the enjoyment
of the right to adequate food, No public authority may deprive any person of
food or means for its procurement, apply laws and regulations, or pursue a
policy or practice, in a way that could result in preventing the enjoyment of ot
infringing the human right to adequate food, or repeal formally or suspend

legislation necessary for the continued enjoyment of the right to adequate food.
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b. Protect: It is the duty of the State to provide guarantees against threats and
risks stemming from private actors or societal forces that are controllable by

State action. It is bound to take preventive measures necessary to protect

persons whose capacity to access sufficient and adequate food or means for i

procurement i

endangered by the acts of others, It also ought to review the

relevant administrative and legislative framework ensuring that acti
within their competence undertaken by private actors do not infringe on the
right to adequate food of others.

c. Pull

It is the duty of the State to facilitate the enjoyment of the

ight to
adequate food by adopting or pursuing appropriate policies and measures, in a
manner to foster and promote the human right to adequate food and to create
and maintain conditions under which every person can freely and regularly

enjoy her or his

right to adequate food. It is equally the duty of the State to

provide the right to adequate food, by adopting and putt

sures

2 in place m
to provide food, or means for its procurement, to persons who cannot take care

of their own needs, due to reasons beyond their control, in particular f

children whose parents die or disappear or otherwise no longer take care of

them.

SECTION 10. Targets. - The Government will ensure that in two and a half years,
the incidence of hunger will be reduced, from the level current at the time of the passage
of the framework act, by 25%; in five years, it will be further reduced by 25%; in seven
and a half years, it will be further reduced by 25%; and in 10 years, zero hunger will be
achieved.

‘The Government will also ensure that in 10 years, land devoted to food production
will be increased to 50% of all prime agricultural land in every region, and that the

following indicators will considerably and steadily increase over the same 10 years,
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together with other structural and process indicators, as may be determined in the
implementing rules and regulations of this framework act:

a) percentage of development of ancestral lands;

b) percentage of rural population with access to productive resources;

©) share of budget spent on programmes aiming at creating access

productive resources;

4) percentage of budget spent on agri-research, agri-extension, irrigation,
training, technology, credits and rural development;

©) percentage of rural female-headed households, or rural women, with legal
title to agriculture land;

£) percentage of public budget allocation for social transfer programmes to
those unable to feed themselves;

g) coverage of marginalized and disadvantaged population taking part in
social transfer programmes;

h) percentage of marginalized and disadvantaged population covered by a

public nutrition supplement programme;
i) percentage of population aware of available food and nutrition

programmes; and

j) coverage of school feeding programmes.
Periodic reviews will be undertaken to ensure compliance with set targets, In

the implementation of this framework act, priority will be given to identified areas

with chronically malnourished individuals. In measuring the incidence of hunger,
the key primary data sources will include the National Nutrition Surveys (NNS);
the Survey of Hunger Incidence in the Philippines (SHIP); the self-rated hunger

indicator of the Social Weather Stations (SWS); and household surveys of the

National Statistics Office (NSO), namely the Family Income and Expenditure
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food, and will undergo an objective impact assessment prior to

Survey (FIES) and the Annual Poverty Indicators Survey (APIS). There shall be
authorized to be appropriated such amounts as necessary to carry out the
provisions of this Act, to be included in the annual budget of the Department of

‘Tourism in the General Appropriations Act.

SECTION 11. Jmpact Assessment. - All proposed government actions, plans and

projects, including any development plan, will take into account the right to adequate

adoption and

implementation. The steps for this objective impact assessment include:

a, Screening: identi

ing proposals subject to impact assessment, and their level

of detail.

‘coping: identifying the issues and impacts that are likely to be significant for

the effective enjoyment of the right to adequate food.

Examination of alternatives: determining other options for achieving the same

objectives as those of the proposal.
d. Impact analysis: identifying and predicting the likely social, economic,

environmental, and other related effects of the proposal.

Mitigation and impact management: establishing measures necessary to avoid
or minimize predicted adverse impacts, and to incorporate these into the
proposal implementation plan.

f. Impact statement or report: assessment of significant outcomes including a
simplified summary for public debate.

g. Public consultation: seeking the public’s input on matters affecting them.

h. Review of the impact a

sessment report: determining whether the report
identifies all relevant information on the possible impacts on the enjoyment of
the right to adequate food, takes into consideration all potential social,
economic, environmental and other effects of the proposal, and contains

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concerns and comments of the potentially affected population, and all the
information necessary for decision-making.

i, Decision-making: approving or rejecting the proposal, and establishing the
terms and conditions for its implementation,

j. Evaluation and monitoring: systematic determination of merit, worth and

significance.

Any strategic intervention aimed at ensuring the enjoyment of the right to
adequate food will similarly undergo an objective impact assessment prior to its adoption

and implementation.

SECTION |

Commission on the Right to Adequate Food. - The Commission on

the Right to Adequate Food is hereby established.

a, It will be composed of a Chairperson and two members who must be natural

bom citizens of the Philippines and, at the time of their appointment, at least thirty-five
years of age, and must not have been candidates for any elective position in the elections
immediately preceding their appointment. At least one of them will be @ member of the

Philippine Bar. This Commission will be an agency attached to the Commission on

Human Rights of the Philippines.

‘The Chairperson and the Members of the Commission will not, during their

tenure, hold any other office or employment. Neither shall they engage in the practice of

any profession, or in the active management or control of any business, which in any way
may be affected by the functions of their office, nor shall they be financially interested,

directly or indirectly, in any contract with, or in any franchise or privilege granted by the

government, any of its sub-divisions, agencies, or instrumentalities, including

government-owned or controlled corporations or their subsidiaries.

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The Chairperson and the Members will be appointed by the President for a term of
seven years without reappointment. Appointment to any vacancy will be only for the

unexpired term of the predecessor. Of those first appointed, the Chairperson will hold

office for seven years, a Commissioner for five years, and another Commissioner for
three years, without reappointment. Appointment to any vacancy shall be only for the
unexpired term of the predecessor. In no case will any Member be appointed or

designated in a temporary or acting capacity

‘The Chairperson and the Members of the Commission on the Right to Adequate
Food will receive the same salary and benefits as the Chairperson and Members,
respectively, of the Constitutional Commissions, which shall not be decreased during
their term of office.

b, The Commission on the Right to Adequate Food will have the following
powers:

1) Receive complaints of violations of the right to adequate food from
individuals and groups

2) Investigate, motu propio or on complaint by any party, all forms of
violations of the right to adequate food;

3) Adopt operational guidelines and rules of procedure, and cite for contempt
for their violation, in accordance with the Rules of Court,

4) Provide appropriate legal measures for the protection of the right to
adequate food of all persons within the Philippines, as well as Philippine
citizens residing abroad, and provide for preventive measures and legal aid
services to the under-privileged whose right to adequate food has been
violated or needs protection;

5) Establish a continuing program of research, education and information to

enhance respect for the primacy of the right to adequate food
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6) Recommend to Congress effective measures to promote the right to
adequate food, to harmonize existing laws affecting the right to adequate
food, to ensure their complementation, and the availability of remedies for
violations and compensation to victims of violations of the right to
adequate food;

7) Monitor the Philippine Government's compliance with its obligations in

regard to the ti

ht to adequate food;

8) Request the assistance of any department, bureau, office or agency in the

performance of its functions;

9) Appoint officers and employees in accordance with law; and

10)Perform such other duties and functions as may be provided by law.

c. In exercising its powers and duties, the Commission on the Right to Adequate

Food wil
1) Apply the human rights prineiples established by this act.
2) Work in close cooperation with representatives of civil society and take
their views into consideration.

facilities and information,

3) Use, to the fullest possible extent, the servi

including statistical information, of the relevant public and private bodies

and organizations, to prevent duplication of effort and expenses.
SECTION 13. Institutional Responsibilities. - In implementing the right to

adequate food, the Commi

ion on the Right to Adequate Food may call out other
agencies to ensure the right to adequate food. In the implementation of the right to
adequate food, the Department of Agriculture will have the primary duty to ensure food
availability, stability and adequacy; the Department of Health will have the primary duty
to ensure food quality and safety; the Department of Trade and Industry will have the

primary duty to ensure physical and economic access to food; and the Department of
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Public Works and Highways will have the primary duty to ensure well-functioning

dis

bution, processing and market systems.

SECTION 14, Inter-Agency Council on the Right to Adequate Food. - To
facilitate inter-agency cooperation, there is hereby established an Inter-Agency Council
on the Right to Adequate Food, which will be headed by the Chairperson of the

Commission on the Right to Adequate Food, and which

be composed additionally of
the following agencies and representatives:

a, Department of Agriculture;

b. Department of Agrarian Reform;

c. Department of Health;

d, Department of Trade and Industry

¢. Department of Public Works and Highways;

f, Department of Environment and Natural resources;

Department of Energy;

h. Department of Social Welfare and Development

i, National Economie and Development Authority;

J. National Anti-Poverty Commission;

k, National Disaster Coordinating Council

1. Philippine News Agency

m. Philippine Information Agency

n. Two representatives of people’s organizations; and

0. Two representatives of non-governmental organizations

The council members are tasked to formulate programs and projects to provide
strategic interventions to respect, protect and fulfil the right to adequate food. The council

will also serve as the monitoring body in regard to right to adequate food initiatives.

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The council members that are government agencies may designate their duly

authorized representative, who will have a rank not lower than an as

tant secretary or its
equivalent. The council members who are representatives of people’s organizations and
non-governmental organizations will be chosen by the Commission on the Right to
Adequate Food from a list of nominees provided by people’s organizations and non-
governmental organizations engaged in the promotion of the right to adequate food,
‘These members will attend council meetings, and will receive emoluments as may be

determined by the council, in accordance with exi

ing budget and accounting rules and
regulations.

SECTION 15. Minimum Amount of Food. ~ The Commission on the Right to
Adequate Food, in coordination with the Department of Social Welfare and
Development, will ensure regular, reliable and timely delivery of a minimum amount of
food, or the means for its procurement, to persons who are suffering from hunger or

undernourishment, or are at ri

‘k from suffering from hunger or undernourishment, but

who cannot take care of their own needs, due to reasons beyond their control, including,
but not limited, to children whose parents die or disappear, of otherwise no longer take
care of them, elderly, and persons with disabilities.

Implementing rules and regulations will be adopted on the minimum amount of
food. These implementing rules and regulations will determine the exact quantity of

calories, proteins and micronutrients, to which the minimum amount of food will

correspond, according to the age, sex, health status and occupation of a person. There will

be a simple and accessible application or certification procedure for the minimum amount
of food entitlement, as provided for in the implementing rules and regulations. There will
be transparent, fair and non-discriminatory eligibility or certification criteria.

Fair, independent and accessible recourse procedures to the Commission on the
Right to Adequate Food for complaints and appropriate remedies in case of a determined

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violation of the right to adequate food, will be established. There will also be an
appropriate monitoring and evaluation mechanism in which the Department of Social
Welfare and Development will report to the Commission on the Right to Adequate Food
on a regular basis. The national budget will include a specific item allocating resources
necessary for the implementation of this fundamental right. Specific support measures
will be designed and adopted to prevent or compensate for disadvantages that identified
vulnerable persons or groups suffer from, in regard to the enjoyment of their right to
adequate food. The Commission on the Right to Adequate Food will review proposed
support measures and, where necessary, will give further guidance, so as to ensure that all

groups are covered appropriately.

SECTION 16. Emergencies. - The Commission on the Right to Adequate Food, in
coordination with the National Disaster Coordinating Council, will have the duty to
ensure that:

a. Food emergencies cover both early warning and preparedness for a crisis, as
well as organizing and managing food response in the case of a crisis, and
comply with the right to adequate food and the relevant international standards.

b. Emergency food responses be compatible with the right to adequate food and
international standards regulating emergencies.

c. Requests for international assistance be initiated in case of necessity, alongside

supervising and coordinating distribution of food response received.
SECTION 17. Information. - All government agencies, under the direction of the

Commission on the Right to Adequate Food, in coordination with the Philippine News

Agency and Philippine Information Agency, have a duty to:

a. Inform the population about the rights established in this framework act and

about the implementing rules and regulations adopted upon its entry into force,

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as well as about any other measure taken for the purpose of facilita

promoting the realization of the right to adequate food.

b, Use the most appropriate ways and methods of disseminating information,

including by providing information in oral ways, such as rural radio, and in
local languages, notably in the most marginalized areas and among populations

with a high rate of illiteracy.

SECTION 18. Education and Awareness Raising. - The Commission on the Right
to Adequate Food, in coordination with the Department of Education, Commission on
Higher Education and Technical Education and Skills Development Authority, will have
the duty to ensure that:

a. The school curriculum includes material related to food and nutrition

education, the right to adequate food, and human rights principles.

b. Adult education and training programmes, when relevant, include material

related to food and nutrition, the right to adequate food, and human rights

principles.

SECTION 19. International Cooperation. ~ ‘The Commission on the Right to
‘Adequate Food, in coordination with the Commission on Human Rights and the
Department of Foreign Affairs, will have the duty to:

ctivities undertaken in other countries,

a. Ensure that including those by private

actors, do not infringe on the enjoyment of the right to adequate food by people
in the concerned countries; and

b. Promote international cooperation and provide assistance to ensure the
realization of the right to adequate food in other countries, if in a position to do

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SECTION 20, Monitoring System. - There will be an integrated monitoring

system in which all government agenci

at all levels, under the supervision of the

Commission on the Right to Adequate Food, wil

a, Collect data related to food and nutrition security, using monitoring

methodologies and processes consistent with human rights principles as
established by this act.

b. Di

ggregate collected data by age, sex, status and group,
¢. Monitor progress achieved in the realization of the right to adequate food.
4, Establish or identify an early warning mechanism,

SE

TION 21, Representation and Participation of People’s Organizations and
Civil Society. » To guarantee public participation, the Commission on the Right to

Adequate Food has the duty to ens

ure:

a. Free and meaningful participation, including freedom of
freedom of association.

b. Consultations on specific areas of implementation of this framework act.

c. National public hearings every two years, at which the Government is required
to report on progress made with the implementation of this framework act, and

the progressive realization of the right to adequate food

the country.

SECTION 22. Penal Provisions. » The penalty of prision mayor will be imposed

on any public or private actor, who deliberately starves or denies access to food to any
particular individual or group, as through the commission of any of the following acts:
a. food blockade;

b. refusal to implement a food-related program:

discrimination in implementing a food-related program;
d. negligence in implementing food-related programs, resulting in death;

¢. obstructing access to food in time of calamity or war;
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f. theft, corruption or black marketeering of food being given as humanitarian
aid, in time of calamity or war,

g. distribution of expired, or unsafe food at a schoo! feeding program or other
feeding program, in time of calamity or war;

h, contamination of food or water sour

s, through mining activities, aerial
spraying of plantations, or any other similar means;

ts.

i, other analogous
A food blockade is any knowing and willful effort to cut off food supplies from a
particular area by force either in part or totally.
The penalty is imposable without prejudice to any other criminal, civil or

administrative liability under Philippine law.

SECTION 23. Civil and Administrative Liabilit

. = Any public officer or
employee who directly or indirectly obstructs, defeats, violates or in any manner impedes
or impairs any of a person's rights guaranteed in this framework act, will be liable to this
person for damages. Any violation of a provision of this framework act, whether
committed by public or private actors, will similarly give rise to liability for damages.

It is hereby declared a ministerial duty on the part of the Government to ensure the
enjoyment of the tights guaranteed in this framework act, and to perform the duties
embodied in it. Appropriate cases may be filed before the courts to compel compliance

with the provisions of this act, These cases will be without prejudice to liability for

damages, as well as administrative liability that may be incurred.

SI

TION 24. Appropriations, - There shall be authorized to be appropriated such
amounts as necessary to carry out the provisions of this Act. Afterwards, such sums as
may be necessary for the continued implementation of this act shall be included in the
annual General Appropriations Act. There will be an allocation of specific and sufficient

resources for the purposes of the implementation of the right to adequate food, in
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accordance with priorities set by the Commission on the Right to Adequate Food. The
allocation will be aimed at the progressive realization of the right to adequate food over
the long term. Every person’s right to be free from hunger can never be deviated from by

temporary or permanent cutbacks.

SECTION 25. Jmplementing Rules and Regulations. - The Commission on

Human Rights will issue the necessary rules and regulations to implement the provi

ions
of this act within sixty (60) days from its effectivity. In the formulation of these rules and
regulations, the Commission on Human Rights will take the lead and will coordinate with
the Department of Agriculture, Department of Agrarian Reform, Department of Social
Welfare and Development, Department of Health, Department of Trade and Industry,

Department of Public Works and Highways,

National Economie and Development

Authority, and National Anti-Poverty Commi:

ion, and with the active participation of

people’s organizations and human rights nongovernmental organizations.

SECTION 26. Rationalization of Policies. - All existing policies, laws, decrees,

executive orders, memorandum orders, memorandum circulars, administrative orders,
and ordinances will be rationalized in accordance with the right to adequate food, as
provided for by this framework act.

Laws affecting the realization of the right to adequate food will be interpreted in a
way compatible with the right to adequate food and this framework act.

‘The cabinet secretaries concerned and other executive authorities will report, at
regular intervals, to the Commission on the Right to Adequate Food, on legislative and

regulatory measures that have been elaborated and adopted, and the time frames within

which they are envisaged to achieve their objectives.

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SECTION 27. Separability Clause. - If any provision or part hereof, is held invalid
or unconstitutional, the remainder of the law of the provision not otherwise affected shall
remain valid and subsisting.

SECTION 28. Repealing Clause, - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to,
or inconsistent with, the provisions of this Act is hereby repealed, modified or amended
accordingly.

SECTION 29, Effectivity Clause. - This Act shall take effect fifteen (15) days after

its publication in at least two (2) newspapers of general circulation.

Approved,

2