Right to Food and Climate Change in Southern Africa: International and National Protection for Indigenous Peoples. The Cases of South Africa, Namibia and Botswana

37 Pages Posted: 23 Oct 2017 Last revised: 13 Nov 2017

See all articles by Luchino Ferraris

Luchino Ferraris

Scuola Superiore Sant'Anna di Pisa

Cath Traynor

Natural Justice

Julia Roettinger

University of Cape Town (UCT)

Date Written: October 20, 2017

Abstract

This article explores the concept of the “right to food” through an indigenous peoples rights lens and in the context of climate change in southern Africa. The article critically examines the legal framework relevant to the “right to food” at the international and African regional level. The article then focuses on the legal situations in South Africa, Namibia and Botswana, and describes the domestic regulatory framework and case-law developments. The state of the play appears to be highly diversified in these three countries. This article strives to ground the legal analysis with a review of the current situation regarding the right to food for indigenous peoples in the selected countries. The article describes different levels of advancement of the legal right to food at the national level as well as different methods pursued to implement the right. However, as indigenous peoples are not identified as a specific grouping in many studies or in some national census data, it is difficult to develop a comprehensive overview of whether their right to food is attained in practice. The article suggests that to ascertain whether states are fulfilling their three key obligations regards RtF, namely to respect, protect and fulfill, indigenous representatives must be consulted.

Keywords: Right to Food; Climate Change; Food Security; Southern Africa

Suggested Citation

Ferraris, Luchino and Traynor, Cath and Roettinger, Julia, Right to Food and Climate Change in Southern Africa: International and National Protection for Indigenous Peoples. The Cases of South Africa, Namibia and Botswana (October 20, 2017). Available at SSRN: https://ssrn.com/abstract=3056472 or http://dx.doi.org/10.2139/ssrn.3056472

Luchino Ferraris (Contact Author)

Scuola Superiore Sant'Anna di Pisa ( email )

Biblioteca Scuola Superiore Sant'Anna
Piazza Martiri della Liberta, n. 33
Pisa, 56127
Italy

Cath Traynor

Natural Justice ( email )

63 Hout Street
Cape Town, 8000
South Africa

Julia Roettinger

University of Cape Town (UCT)

3rd Floor, leslie Commerce Building
Engineering Mall, Upper Campus
Cape Town, Western Cape 8000
South Africa

Register to save articles to
your library

Register

Paper statistics

Downloads
72
Abstract Views
699
rank
322,521
PlumX Metrics