Annex 1: Additional exercises

A1 Right to health and noncommunicable diseases: accountability through human rights reporting systems

Consider the parallel or shadow reporting mechanism of the United Nations Committee on Economic, Social and Cultural Rights (UNCESCR). How do recent civil society submissions address the right to health, and what gaps are there pertaining to noncommunicable diseases (NCDs)? How might a future submission correct these gaps?

For Kenya, see:

• p 29–30 of the Joint civil society organizations’ alternative to the UNCESCR review of the Republic of

Kenya (1); and • p 59–65 of the Kenya Universal Periodic Review (UPR) Stakeholders’ Coalition midterm report on

Kenya’s 2nd cycle UPR (2).

For Uganda, see:

• the Foundation for Human Rights Initiative submission to UNCESCR (3); and • paragraphs 33–39 of the Uganda Coalition on Economic, Social and Cultural Rights submission to the

UPR of Uganda (4).

For Tanzania, see:

• the Joint civil society submission to the UPR Working Group review of the United Republic of Tanzania (5).

A2 Scenario 1

A nongovernmental organization (NGO) has proposed to the city authorities that the city develop a programme that earmarks allotments of land across the city for vegetable gardening. The NGO argues that this is consistent with health policy commitments made by government, and will improve urban food security, enhance the quality of urban diets and reduce risks for NCDs. Implementing the programme will require an audit of land and a rezoning of the land to permit its use for gardening. The NGO lobbies government authorities to provide support in the form of seed provision and free access to water to irrigate the plots. However, the city authorities say that they do not have the funds to support such a programme; also, given the pollution in urban areas, they are concerned that the vegetables would not be fit for consumption. What human rights and other legal obligations does the government have that might apply in this situation?

A3 Scenario 2

The government is considering introducing specific taxation on sugar-sweetened beverages as a strategy to reduce their consumption. A delegation of small traders goes to the government to claim that such a measure will put them out of business and cause hardship for families that depend on the income from the sale of such beverages from informal markets. The large companies producing sugar-sweetened beverages have funded the traders, who are mostly women, to organize and attend the meeting. What do national and international guidance documents, and experience in other countries, suggest should be done? What do human rights documents indicate?

A4 Scenario 3

The government plans to introduce legislation to restrict the advertising of fast foods and sugary drinks targeting children. An alliance of beverage companies and companies controlling large fast-food chains has given notice that it will take the government to court over the planned legislation because it adversely affects their businesses and is discriminatory. How would you advise the government on:

• how it should go about developing its legislation; and • what national and international policy and rights guidance would favour the introduction of the legislation, noting any provisions unique to children’s health.

References for Annex 1

1. Joint civil society organizations’ alternative report to the UN Committee on Economic, Social and Cultural

Rights on the occasion of the review of the Republic of Kenya. Kenya: Joint Civil Society Organization; 2014 (https://tbinternet.ohchr.org/Treaties/CESCR/Shared%20Documents/KEN/INT_CESCR_CSS_

KEN_22754_E.pdf).

2. Kenya's 2nd cycle universal periodic review mid term report. Nairobi, Kenya: Lutherian

World Federation and UPR Info, on behalf of the Kenya UPR Statkeholders' Coalition; 2018 (https://www.khrc.or.ke/civic-space-publications/192-kenya-s-2nd-cycle-universal-periodic-review-mid-term-report/ file.html).

3. Submission for the preparation by the Committee on Economic, Social and Cultural Rights of a list of issues for the examination of the initial report of Uganda (Submission to the UNCE-

SCR 54th Session). Kampala, Uganda: Foundation For Human Rights Initiative (FHRI); 2014 (https://hdignity.org/images/Documents/INT_CESCR_ICO_UGA_18757_E.pdf).

4. The state of economic, social and cultural rights in Uganda and emerging issues: Joint submission to the United

Nations Universal Periodic Review (UPR) of Uganda, Second Cycle Twenty Sixth Session of the UPR Human Rights Council. Kampala, Uganda: Uganda Coalition on Economic, Social and Cultural Rights; 2016 (https://www.iser-uganda.org/images/downloads/ESCR_JOINT_SUBMISSION_UPR_Uganda.pdf).

5. Joint civil society submission to the UPR Working Group review of the United Republic of Tanzania. 2016 (https://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRTZStakeholdersInfoS25.aspx).