maximum of its available resources …”53 Regarding the nature of States’ obligations
under the covenant, General Comment 3 specifies:
The Committee notes that the phrase: to the maximum of its available
resources” was intended by the drafters to refer to both the resources
existing within a State and those available from the international
community through international cooperation and assistance.54
Thus, the government of Zimbabwe has a legal obligation to utilize available
international resources. If, with knowledge of need, the government failed to take
advantage of these resources or took actions—such as undermining the CFSAM—that
impeded the availability of international assistance, then the government would be
violating its citizens’ right to food. Likewise, the international community must make the
maximum possible level of assistance available.
In 1999, the U.N. Committee on Economic, Social and Cultural Rights provided
comment on the right to food, clarifying State Party duties. General Comment 12
defines the “core content” of the right to food as “the availability of food in a quantity
and quality sufficient to satisfy the dietary needs of individuals …; the accessibility of
such food in ways that are sustainable…”55 Thus, for both the government of
Zimbabwe and the international community, fulfilling this obligation means providing
not only food but also agricultural inputs and technical assistance, which are essential to
sustaining adequate availability of food in Zimbabwe.
General Comment 12 further defined the State’s obligation to provide a right to food as
tripartite,
[A state has] the obligations to respect, to protect and to fulfill… The
obligation to respect existing access to adequate food requires States
parties not to take any measures that result in preventing such access.
The obligation to protect requires measures by the State to ensure that
enterprises or individuals do not deprive individuals of their access to
adequate food. The obligation to fulfill (facilitate) means the State must
pro-actively engage in activities intended to strengthen people's access to
53
Art. 2 (1), CESCR.
54
‘The nature of States parties obligations (Art. 2, par.1)’: .14/12/90. CESCR General Comment 3 (13).
(General Comments).
55
‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (8).
(General Comments).
13