Magister Legum - LLM / This paper seeks to answer the following question: how can municipalities manage and regulate markets in a manner that facilitates access to food and contributes to the enhancement of food security? In attempting to answer this question, the paper will also address the following questions: what does the term 'food security' mean? What does 'access to food' mean? What does the 'right to food' mean? What are the powers and functions of local government? What are the limits, problems or risks attached to the exercise of these powers? What constitutes 'markets' or 'fresh produce markets' in this case? What is the scope of local government's legislative and executive competence regarding food 'markets', as enumerated in Part B of Schedule 5 of the Constitution? And, how can municipalities utilise food markets as a means to facilitate access to food and address the issue of food security? This paper will focus primarily on fresh produce markets, as opposed to other markets or 'markets' in their entirety. This limitation is based on the argument that fresh produce markets are more relevant for the role of local government in facilitating access to food because they provide a platform for the sale and purchase of fresh produce, which is important for nutritional purposes. The argument presented in this thesis centres around the facilitation of access to food, by local government, through the regulation and management of markets. The paper will address the problem by examining the concepts of 'food security' and 'access to food' in the South African context, as well as in the international context. In examining the above concepts, the paper will also include the right to food. The paper will further look at how South Africa has responded to the issue of food security through its national food security policies. The paper will look at how local food markets are utilised internationally to facilitate access to food and thereafter, examine how food markets should be utilised to facilitate access to food in South Africa. Thereafter, an examination of the powers and functions of local government as entrenched in the Constitution will be provided, as well as the implications of such powers, the limitations and the problems attached to the exercise of local government powers. Lastly, the paper looks at local government's competence regarding food 'markets' in Schedule 5B of the Constitution, as well as the other competencies related to food/food security. Although local government has the scope to address the issue of food security by exercising its legislative and executive authority over the competence ‘markets’ as per Schedule 5B of the Constitution, this study does not focus solely on the management and regulation of 'markets'. The study extends and includes related competencies such as trade regulations, the licensing and control of undertakings that sell food to the public, municipal abattoirs, street trading and municipal health service, and shows how the links between these competencies provide local government with the opportunity to contribute to the enhancement of food security.

Although forest foods are important for health and cultural continuity for millions of Indigenous people, information regarding how people use and access these foods is lacking. Using a qualitative methodology informed by Bribri teachings, this thesis examined the ethnoecology of food harvesting in the Talamanca Bribri Indigenous Territory, Costa Rica. This project illustrates how access to forest food requires: access to multiple land patches, unique landscaping practices, and fostering relationships with non- human beings. By examining wild food consumption by household and generation in one community (Bajo Coen), this research shows how: wild food harvesting is widespread, the majority of youth consume wild food, sharing is fundamental to access wild food, and people consume wild food for many reasons including identity and dietary variety. By examining gender across multiple harvesting stages, this study demonstrates that no single harvesting stage was exclusive to members of one gender and that mixed gender harvesting groups were common; these findings challenge generalizations that women and men engage in different harvesting tasks and highlight the importance of gendered collaboration. This thesis makes applied contributions to ethnobiology and forest management. By analyzing how protected area (PA) regulations shape access to forest food, this thesis highlights how PAs can have negative impacts on: health, nutrition, teaching youth, quality of life, cultural identity, and on the land; these findings are important because they show why Biosphere Reserves need to do more work to ensure their managers support people’s rights to access traditional food. To better understand the macro-level factors that shape food access beyond PAs, this thesis evaluates the political ecology of land access. Findings illustrate how Bribri people’s history of engagement in an inequitable market economy, in concert with discriminatory state policies of land reorganization and management, has created significant hurdles for some people to access forest resources and to grow their own food. This thesis has generated its findings using methods based on Bribri teachings; as such, it: 1) increases awareness of Indigenous methodologies in ethnobiology and 2) generates information about harvesting that accurately represents Bribri people and how they understand the world / May 2016

This thesis examines the everyday realisation of rights in India’s school-feeding programme, the Midday Meal Scheme. The commitment to realising the right to food in India is well-established. In 2001, a petition to the Supreme Court and subsequent orders made existing food-based schemes (including the Midday Meal Scheme) a legal entitlement under a right to food. These schemes then became the core components of the National Food Security Act in 2013. In consequence, eligible children in India have a right to a MDM that adheres to specific guidelines and have a broader right to food. Despite these commitments to rights, the extent to which India’s food-based social protection schemes reflect a rights-based approach has not, hitherto, been explored. Indeed, although the importance of state-led, rights-based social protection schemes to address food insecurity is now widely recognised, the relationship between these means and ends has been insufficiently explored. In this context, drawing on nearly one year of mixed-methods research in the Indian state of Rajasthan, I examine the extent to which India’s Midday Meal Scheme adheres to a rights-based approach to realising food security. To do so, I examine three components of a rights-based system in the context of the scheme: rights-holders and their entitlements; duty-bearers and their duties; and the mechanisms through which duty-bearers can be held to account for the non-fulfilment of their obligations. I draw on detailed field research in two districts to show that, in its present form, the scheme is limited from the perspective of rights. Not all those in need are necessarily included in the scheme; the food that rights- holders receive often does not meet their needs, duty-bearers fail to adequately fulfil their duties; and accountability mechanisms fail to hold them accountable. Consequently, rights-holders often do not receive their entitlements and the right to food remains unfulfilled. Overall, I show that the realisation of rights to depends on the capabilities of rights-holders to realise their rights and on the capacity and motivation of duty-bearers to fulfil their duties.

The realisation of the right to food in South Africa is characterised by some stark realities. While there is social security structure and large productive agriculture sector ensuring national food security, more than 14 million South Africans are chronically hungry. Given that access to food is an important legal and political issue in South Africa, it is important to understand the various factors, which enable or hinder the state‘s effort to eradicate chronic hunger. A major problem identified is the incoherence in government‘s policies, which on the one hand, supports the promotion of the right to food, yet, act to undermine it at the same time. This problem can be grouped under two headings. First, inadequate and fragmented food security polices, and poor implementation of these policies. Second, the exclusion of large sections of low-income groups from government‘s social protection programmes, which has negative implications for many women, men, and children who have an insufficient supply of calories. The impact of chronic hunger and malnutrition on these individuals include heightened vulnerability to illness, stunted growth among children, serious mental and physical effects among children, and in some cases death. This thesis explores the factors that explain the limited mobilisation around the realisation of the right to food in South Africa despite widespread chronic hunger. It considered various strategies to achieve a change in policy and legislation including lobbying and litigation. The thesis further explored why South Africa, which is riddled with numerous social protests rarely experiences food protests. Social protest, as used here, consists of struggles or resistance against government actions or inactions. The thesis identified various factors that have contributed to and acted as a hindrance against food protest in various jurisdictions and examined how these factors have prevented widespread food protest in South Africa. / Thesis (DPhil)--University of Pretoria, 2017. / Centre for Human Rights / DPhil / Unrestricted

Doctor Legum - LLD / Many of the disadvantaged groups which are impacted by a high burden of poverty and are thereby food insecure in South Africa, have over the years received attention from the government, resulting in many interventionist schemes to guarantee their right to food. These include for instance, social grants for children, the disabled and the elderly, as well as school meals for primary and high school students. Unfortunately, one of such groups has hitherto received little or no attention -that is, students in South African tertiary institutions. Food insecurity among students in tertiary institutions links back to the trajectory of poverty- students in tertiary institutions are food insecure mainly because they come from homes which are food insecure. This is proven in the disparity between the numbers and severity of food insecure students in historically advantaged universities and historically disadvantaged universities in South Africa.

South Africa is characterised by high levels of poverty and inequality. Often poor households suffer inadequate or unstable food supplies as well as poor nutrition. Food insecurity is exacerbating due to inter alia high food prices, high living costs, land reform programmes, political instability as well as continuing population and consumption growth. Climate change also has a significant impact on food security for future generations, due to the seasonal shifts and temperature changes. Food insecurity affects the enjoyment of the right to food. Section 27(1)(b) of the Constitution, provides for a right to food and section 27(2) provides the constitutional mandate of the state to take legislative measures for the realisation of this right. As to date of this study, South Africa has not as yet enacted a food security framework act as legislative measure for the progressive realisation of the right to have access to sufficient food. The principal objective of this study is accordingly to propose provisions that may be necessary for inclusion in a proposed South African Food Security Framework Act. Various aspects relating to the right to food, food security and framework legislation, is discussed in order to establish the need for a food security framework law in South Africa. Subsequently, provisions from similar South African framework legislation (namely the National Housing Act 107 of 1997 and the National Health Act 63 of 2003) are distilled in order to identify provisions that are common in framework legislation for the realisation of other qualified socio-economic rights. The legislative guidelines of the United Nations' Food and Agricultural Organizations (FAO) are then considered in order to identify and discuss the provisions (food related and general in nature) that the FAO deems necessary for inclusion in a food security framework act. Thereafter, the food framework acts of Brazil and Guatemala are outlined in order to determine what provisions other jurisdictions have included in their food security framework acts. The study concludes with recommendations of provisions (according to the findings of the various sections) for inclusion in the proposed South African Food Security Framework Act. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2015

South Africa is characterised by high levels of poverty and inequality. Often poor households suffer inadequate or unstable food supplies as well as poor nutrition. Food insecurity is exacerbating due to inter alia high food prices, high living costs, land reform programmes, political instability as well as continuing population and consumption growth. Climate change also has a significant impact on food security for future generations, due to the seasonal shifts and temperature changes. Food insecurity affects the enjoyment of the right to food. Section 27(1)(b) of the Constitution, provides for a right to food and section 27(2) provides the constitutional mandate of the state to take legislative measures for the realisation of this right. As to date of this study, South Africa has not as yet enacted a food security framework act as legislative measure for the progressive realisation of the right to have access to sufficient food. The principal objective of this study is accordingly to propose provisions that may be necessary for inclusion in a proposed South African Food Security Framework Act. Various aspects relating to the right to food, food security and framework legislation, is discussed in order to establish the need for a food security framework law in South Africa. Subsequently, provisions from similar South African framework legislation (namely the National Housing Act 107 of 1997 and the National Health Act 63 of 2003) are distilled in order to identify provisions that are common in framework legislation for the realisation of other qualified socio-economic rights. The legislative guidelines of the United Nations' Food and Agricultural Organizations (FAO) are then considered in order to identify and discuss the provisions (food related and general in nature) that the FAO deems necessary for inclusion in a food security framework act. Thereafter, the food framework acts of Brazil and Guatemala are outlined in order to determine what provisions other jurisdictions have included in their food security framework acts. The study concludes with recommendations of provisions (according to the findings of the various sections) for inclusion in the proposed South African Food Security Framework Act. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2015

Démontrer la possible émergence d'une nouvelle régulation économique mondiale est l'objectif de ce travail. Notre étude a envisagé les législations internationales et nationales relatives aux droits économiques, sociaux et culturels à la lumière de l'important problème des droits de propriété industrielle.Cette régulation, fondée sur le droit à la conditionnalité universelle, offre une application effective du droit à l'alimentation par le biais d'une transformation de la répartition de la production agricole et par le biais d'une législation en matière de propriété industrielle permettant l'accès aux denrées alimentaires à tous. / Demonstrate the possible emergence of a new global economic regulation is the objective of this work. Our study considered the international and national laws relating to economic, social and cultural rights in light of the significant problem of industrial property law. This regulation, based on the universal right to cross-compliance, provides an effective implementation of the right to food through a change in the distribution of agricultural production and through legislation on industrial property to access to food at all.

In the past, human rights have often been studied as philosophical or legal concepts. In this thesis, Norman Fairclough's Critical Discourse Analysis is adopted to examine them as social practices, specifically focusing on the human right to food. This is done through a discursive analysis of a corpus of documents drawn from FIAN International, a human rights organization advocating for the human right to food, and La Via Campesina, an international peasant organization which also aims to realize the right to food but is not itself a human rights organization. Findings highlight how each of the organizations define the right to food, and show that these differences are tied to the structure of the organizations themselves. This suggests that human rights organizations such as FIAN are more constrained by their need to balance legitimacy and programmatic visions than are other types of organizations in the struggle for meaningful social change.

Zugl.: Mannheim, Univ., Diss., 2007 / Originally presented as the author's thesis (doctoral)-- Univ. Mannheim, 2007. Includes bibliographical references (p. 301-337).