7 still not being allowed to buy GMB maize. Violations of the right to food Amnesty International is concerned that women human rights defenders are being discriminated against in sales of GMB maize, thereby violating their right to adequate food. The right to adequate food and to be free from hunger is enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR, Articles 11(1) and (2)), to which Zimbabwe is party. This right is to be respected, protected and fulfilled for the whole population, without discrimination, including on the basis of "political or other opinion" (ICESCR, Article 2(2)). As a state party to the ICESCR, Zimbabwe must also ensure the equal right of men and women to obtain adequate food (ICESCR, Article 3). Furthermore, the UN Committee on Economic, Social and Cultural Rights (CESCR), which is responsible for monitoring states’ parties compliance with the ICESCR, has noted that violations of the right to food include the "denial of access to food to particular individuals or groups, whether the discrimination is based on legislation or is proactive."(36) Zimbabwe, as a party to the ICESCR, has an immediate obligation to take the necessary action to mitigate and alleviate hunger as provided for under the ICESCR, even in times of economic recession.(37) States must take steps to achieve progressively the full realization of the right to adequate food. Achievement of this objective is subject to resource availability, but the ICESCR requires that states immediately prioritise the duty "to ensure for everyone under its jurisdiction access to the minimum essential food which is sufficient, nutritionally adequate and safe, to ensure their freedom from hunger."(38) The African Commission on Human and People’s Rights has also upheld the right to food, stating: The African Charter and international law require and bind [states] to protect and improve existing food sources and to ensure access to adequate food for all citizens. … the right to food requires that the [government] should not destroy or contaminate food sources. It should not allow private parties to destroy or contaminate food sources, and prevent peoples’ effort to feed themselves.(39) Under the ICESCR women human rights defenders have a right to be protected from discrimination in accessing the right to food and other rights enshrined in the treaty. The ICESCR provides in Article 2(2) that: The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Thus, the Committee on Economic, Social and Cultural Rights, which is responsible for ensuring states parties’ compliance with the ICESCR, has stated that any discrimination in access to food, as well as to means and entitlements for its procurement, on grounds such as political or other opinion, national or social origin or other status, with the purpose of nullifying or impairing the equal enjoyment of economic, social and cultural rights, including the right to adequate food, constitutes a violation of the Covenant.(40) The International Covenant on Civil and political Rights (ICCPR), which Zimbabwe has ratified, provides in Article 26, that all persons are equal before the law and are entitled to equal protection of the law without discrimination. The human rights committee has clarified that this extends to all human rights – economic, social and cultural as well as civil and political.(41) Amnesty International believes that, by allowing the local ZANU-PF officials in rural areas to refuse permission to women human rights defenders to buy GMB food on the basis of their opinion, the government of Zimbabwe has failed in its obligations to respect and protect the right to food and the right to protection from discrimination. Experiences of women human rights defenders in police custody I would rather die standing up for my rights than to be labelled a coward by future generations. WOZA member, February 2007 The government of Zimbabwe has used the Public Order and Security Act (POSA) (42) to deny human rights defenders permission to hold peaceful demonstrations. Police use the POSA to break up peaceful demonstrations and arbitrarily arrest and detain human rights defenders. Others have been charged under POSA or the Criminal Codification Act after engaging in peaceful protest. On 20 February 2007 police used Section 27 of the POSA to impose a three-month ban on public demonstrations and rallies within some areas of Harare. This, however, appears to violate Section 27 of POSA, which sets the maximum period for such a ban at one month. The ban on public demonstrations and rallies has been extended and remained in place as of the end of June 2007. Section 27 (1) of the POSA states: