·- =···~=·~-~.,··~·-=-·- - --· -· ,.. - ===·=-=== __ Gaps: 3. What are the complaints involving farmers and other persons working in rural areas? • Do complaints correspond to particular human rights? • Are the complaints justiciable? • Are there redress mechanisms in place to address the complaints? At this point, we further discuss and distill the findings of the gap analysis, which we pursue by applying the following complementary methods: First, we review related literatures, both local and international; and Second, we examine the corresponding complaints of human rights violations, with the theory in mind that such complaints result from gaps in the legal and policy framework, and that such complaints are proxies for gaps, hence the need to address them in the course of implementing or enhancing the same legal and policy framework under scrutiny. We also present some of the relevant efforts in the Philippine Congress to improve the legal framework on land use and to address the problems of hunger and poverty, with the idea that such bills manifest ways to fill in the gaps in the status quo. Complaints in the CHRP database are also presented, which indicate the discussion of the answers to the guide questions above. The agriculture sector is often examined from the standards of economic, social and cultural rights (ESCR), particularly the human right to food. In this regard, we quote the Special Rapporteur on the Right to Food, Hilal Elver, 79 on her impression of the Philippine legal and policy framework to implement the right to food, as follows: "The Philippines has adopted a wide range of policies and programmes to ensure the effective enjoyment of the right to food, as part of the right to an adequate standard of living. However, as evidenced in the present report. considerable challenges remain, particularly with regard to the increasing income gap between the rich and the poor and a lack of implementation in relation to legislation and right-to-food policies. Moreover, although the emergence of a free market economy has assisted with the impressive growth experienced by the country in recent years, this growth has not benefited all. While some parts of the country are being transformed, poverty remains very high and is becoming entrenched not only in rural areas but also in urban centres as the income gap widens. The situation is particularly difficult for those in remote areas and regions affected by conflict, as well as those living in extreme poverty and the unemployed. Given the significant role played by the agricultural sector, unsustainable export-oriented agro-industry, as well as large land acquisition projects for cash crops. should be avoided in order to protect smallholder farmers and maintain self-sufficiency. As one of the most vulnerable countries in the world to the adverse effects of climate change, the Philippines also faces a significant challenge in ensuring that its food sources are protected. " 80 (Emphasis ours) For our purposes, we treat the Special Rapporteur's observations as complaints or protestations in so far as they are intended to rouse government action. This statement affirms that the impoverished status of the Filipino farmers, and fisherfolks, is a human rights issue. Stated differently, the Special Rapporteur pointed out the perceived gaps she uncovered, thereby rendering the following recommendations: • Devise and adopt a national right-to-food framework law based on time-bound benchmarks and effective implementation plans for each region. The framework should also include the budgetary and fiscal measures necessary to ensure sustainability in the long term. Authorities and agencies responsible for implementation should be identified and appropriate monitoring 79 Elver conducted a country visit to the Philippines on February 20-27, 2015. 80 Report (AIHRC/31/51/Add.1) of the Special Rapporteur on the right to food on her mission to the Philippines (December 29, 2015) http://ap.ohchr.org/documents/dpage e.aspx?si=AIHRC/31/51/Add.1 (accessed Oct. 31, 2016) 37