This article has been authored by Aviral Mishra , a fourth year student of Rajiv Gandhi National University of Law, Punjab.
Image by Daily Outlook Afghanistan
The world has witnessed one of the most long-lasting and deadliest health crises ever. However, for a beautiful country like Afghanistan, it’s the dual danger, the obvious COVID -19 pandemic, and also the implications of change in power regime. From Kabul to Kandahar, this change in the ruling regime has affected most, the innocent and gullible citizens of the country. It is the undisputed fact that this constant urge for control over power structures has significantly deteriorated the development of the country and it’s the common people of Afghanistan that bore the brunt of it. Among the massacre of fundamental rights of citizens, it’s the brutal obituary of the Right to food that affected the common afghanis the most.
Genesis of the food crisis
Around 70% of Afghanistan’s population resided in rural and underdeveloped areas. The survival of 80% of people is dependent on the sole sector of agriculture. As per an estimation, over 40% of the crops are lost and more than one-third of the livestock is devastated due to the drought. Most of the reserves kept in the government warehouses as well as public homes have been confiscated by the Taliban for their use and the existing livestock is being slaughtered at an alarming rate to feed Taliban soldiers.
While there is no possibility of land routes opening in the near future, organisations like World Bank and the IMF have also stopped the disbursal of their grants anticipating the fragile political situation. Taliban governance in Afghanistan is not worried about this at all and a severe hunger crisis is looming ahead. As per the Integrated Food Security Phase Classification (IPC) report, it is estimated that four of the provinces (Daykundi, Faryab, Badakhshan, and Ghor) are already undergoing severe crises & may face large scale famine due to food shortage. A large number of Internally displaced people (IDP) is making things further difficult as the number of such people is closely reaching about a million. In a country which is facing civil war-like situations for over five decades and where over 92% of the population lives on less than 2$ per day, the problem is quite alarming and needs immediate humanitarian intervention.A tight supply of money, border restrictions, and international isolation are giving rise to the unimaginable crisis in Afghanistan.
Food security and IHL
Food is one of the most basic needs for survival of any species; hence the Right to food is recognized and protected in the plethora of international declaratory and legally binding instruments. Thus, under the paternalist theory of State, it is the duty of the welfare state to ensure that this basic right is available to its citizens. The Universal Declaration of Human Rights [Art 25], International Covenant on Economic, Social and Cultural Rights [Art 11],Convention on the Rights of the Child [Art 24] are some of the international treaties that recognize the Right to food as an inalienable and most basic right for everyone. Therefore, it’s the positive obligation ofall the nation-states to make sure that this right is not only respected but also implemented in the truest sense. The Universal Declaration on the Eradication of Hunger and Malnutrition, adopted on 16th Nov 1974 guarantees that,
“Every man, woman, and child have the inalienable right to be free from hunger and malnutrition in order to develop fully and maintain their physical and mental faculties.”
This right is not only recognized in peacetime situations but also in emergency situations like war or internal insurgency. International Humanitarian law[IHL], codified in the pious tenants of Geneva Conventions and its Protocols, also recognized the significance of this inalienable right. These covenants and regulations protect the right of civilians to get support from international agencies and also safeguard the quintessential right of Human rights NGOs and agencies to deliver aid. As per the Geneva Conventions, Additional Protocol I, Article 81, the Humanitarian agencies like Red Cross, ICRC have the right to access the conflict zone and deliver the required aid to the civilians. It is the positive obligation ofthe parties to the conflict to grant the agencies the facilities necessary for carrying out their humanitarian activities in favour of the victims of the conflict.
The 4th Geneva Convention,which primarily deals with the protection of innocent civilians and victims of armed conflict, also puts an obligation on State parties to grant the Humanitarian agencies access to transport necessary aid like food, water, clothing. These rights to Humanitarian agencies are consequential to protect the civilians and to provide them dignified life instead of mere animal existence. Considering the case in hand, the parties to the conflict i.e., both Afghanistan and the US are the signatories to the aforementioned international instruments. Thus, these obligations to provide food and grant access to agencies are not only on the current ruling regime Taliban but also on Afghanistan’s previous nom de plume ruler i.e., US. As per the 2020 Global Hunger Index, Afghanistan is at 99th position out of 107 countries and the apathy of this country will grow further due to the upcoming winter and projected drought. Due to the blocked land routes, strained diplomatic relations, and closure of funds by the World Bank, Afghanistan’s food crisis will aggravate further in the near future. The partial access given to Humanitarian agencies like the UN food agency only in the provincial capital, by the Taliban added fuel to the fire and aggravated the existing miseries of civilians. added misery to the state of civilians.
ICRC’s Recommendations for food security in the conflict zone
In light of the increasing food crises all over the world, the International Committee for Red Cross [ICRC] gave certain commendable recommendations. ICRC said that the drivers of food security and controllable and must be controlled, as for millions, food is not just the need but the question of survival. In order to treat and prevent the drivers of Humanitarian consequences of Hunger, ICRC gave three pioneer recommendations:-
In light of this ever-changing power-hungry world, where power dynamics between nation-states change now and then, universal respect for grundnorms of IHL is the need of the hour. When the world is moving towards a more advanced form of war, the universal respect commitment towards the principles of IHL has become more crucial than ever.
In order to mitigate the food crises, acting early is significantly essential. Ensuring the proper supply and reserves of food is a general concern and the States should not wait for the end moment to decide and deliberate. Early response mechanisms can have positive effects on solving the crisis and rehabilitating the victims of conflict.
It is evident that due to the increase in armed conflicts and climate change, food crises are on the rise. The impact of this crisis is most devastating on the civilians and victims of conflict as they are dependent upon the resources provided by States for their survival. Thus, multi-investment to mitigate the catastrophic effects of armed conflict is the need of the hour.
Conclusion
Considering the volatile situation of Afghanistan, the United Nations acted early and hosted a donor conference in Geneva on 13th Sept. Member states pledged to give aid for the Humanitarian cause, the conference raised approx $1 billion. In this most perilous hour, the people of Afghanistan need help and support from every nook and corner of the world. Moreover, the so-called self-anointed superpowers need to realize that due to their lust for power and control, they are hampering the social fabric of a beautiful country. Additionally, this crisis is also a reality check for the new Taliban regime because, as an Islamic emirate, it’s their duty to provide basic necessities for common citizens of the country, they wish and aim to rule
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