The formulation and implementation of national strategies for the right to food requires full compliance with the principles of accountability, transparency, people’s participation … Appropriate institutional mechanisms should be devised to secure a representative process towards the formulation of a strategy, drawing on all available domestic expertise relevant to food and nutrition.95 The ICESCR prohibits discrimination by states with respect to the right to food on several grounds, including on the basis of political or other opinion.96 General Comment No. 12 specifies that it is a violation of the ICESCR to discriminate with respect to “access to food, as well as to means and entitlements for its procurement.”97 National strategies for the right to food should give particular attention to the need to prevent discrimination in access to food or resources for food.98 And even when a state faces severe resource constraints, it should undertake measures to ensure that the right to adequate food is met for vulnerable population groups and individuals.99 According to General Comment No. 12, a state violates the ICECSR when it fails to ensure the satisfaction of at least the minimum essential level required to be free from hunger. A state that contends that resource constraints make it impossible to provide access to food for those who are unable by themselves to secure such access, needs to demonstrate that “every effort has been made to use all the resources at its disposal in an effort to satisfy, as a matter of priority, those minimum obligations.” If it claims that it cannot carry out its obligation for reasons beyond its control, the state has the burden of proving that it has unsuccessfully sought to obtain international support to ensure the availability and accessibility of the necessary food.100 Finally, according to General Comment No. 12, a state violates the right to food through “denial of access to food to particular individuals or groups, whether the discrimination is based on legislation or is pro-active; the prevention of access to humanitarian food aid in 95 The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (23) and (24). (General Comments). 96 ICESCR, art. 2, 97 ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (18). (General Comments). 98 ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (26). (General Comments). 99 Ibid. para. 28. 100 ‘The right to adequate food (Art. 11),’ May 12, 1999. E/C.12/1999/5, CESCR General Comment 12 (17). (General Comments). 29 Human Rights Watch January 2009