سلسله همایش های بین المللی کرامت انسانی

صفحه اصلی / سومین کنگره بین المللی حقوق سلامت ( حقوق تغذیه و امنیت غذایی )

A Critical Reappraisal of Indigenous Peoples’ Rights through the Lens of the Right to Food

نویسندگان :

Hanieh Moghani¹

1- United Nations Permanent Forum on Indigenous Issues

کلمات کلیدی :

Right to Food،Food Sovereignty،Indigenous Peoples،Indigenous Knowledge،Legal Pluralism،Colonialism

چکیده :

In Indigenous cosmology, food is not merely a material necessity, but a vital element within a complex ontological system—embodying sacred ties to territory, collective memory, intergenerational Indigenous knowledge, and cultural continuity. In stark contrast, international legal frameworks, largely shaped within colonial epistemes, have tended to reduce food-related concepts to biological, individualistic, and economic dimensions. While instruments such as Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and General Comment No. 12 of the CESCR recognize the right to food, they predominantly frame it within the paradigm of food security—focusing on caloric sufficiency and economic access, rather than on the right to self-determination or the recognition of Indigenous knowledge systems and cultural frameworks. A historical and philosophical examination of international legal developments reveals that this conceptual reductionism is not only a matter of policy inefficacy, but a continuation of colonial narratives that marginalize Indigenous epistemologies, cultures, and territorial sovereignty. Against this backdrop, the notion of food sovereignty emerges—not as a mere alternative, but as an epistemological and legal shift that empowers communities to define and govern their food systems in accordance with their own cultural values, ecological relationships, and systems of knowledge. Drawing on critical interpretations of international legal instruments such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), alongside soft-law frameworks such as the FAO’s Voluntary Guidelines, it becomes evident that the normative landscape is gradually evolving from consultative rhetoric toward binding participation. Institutions such as the UN Special Rapporteur on the Rights of Indigenous Peoples, and the United Nations Permanent Forum on Indigenous Issues are increasingly contributing to the progressive development of international standards, signaling the consolidation of food sovereignty as a fundamental right grounded in territory, epistemic plurality, and legal pluralism. This study underscores that the shift from food security to food sovereignty is not a mere intra-paradigmatic reform, but a process of epistemic and legal reclamation. It is only through this shift that pathways toward food justice—anchored in the right to self-determination, ontological diversity, and human dignity—can meaningfully emerge.