198. The Court recognizes that, in compliance with Decree No. 1830, the State made
at least eight deliveries of food221 between May and November 2009 and in February
and March 2010 and that, in each one of these deliveries, it provided food parcels to
the members of the Community.222 However, the Court must assess the accessibility,
availability, and sustainability223 of the food given to the members of the Community
and determine whether the assistance provided satisfied the basic requirements of an
adequate diet.224
199. In this regard, the State indicated that it “had anticipated that the 47-kilo food
parcel would last a month, with one parcel per family.”225 However, the delivery of the
food is unreliable, the food rations supplied are deficient in nutrients,226 and most
members of the Community eat only one type of food per day, basically rice or
noodles; only rarely is this complemented “with fruit, yams, or fish or meat from
hunting.”227 In this regard, the report on the Community’s health is conclusive; it
reveals that, in 2007, “17.9% of the sample (children from 2 to 10 years) were
severely underweight to a certain degree,”228 and the testimony of expert witness
Pablo Balmaceda that malnutrition is demonstrated “by short height.”229 Similarly, the
alleged victims stated that, although it is true that the State supplied food, “the food
provisions are not received often,”230 and indicated that “the diet is inadequate” and
that “there is little nutritional value.”231
200. The Court notes that a total of 23,554 kilos of food was provided between May
12, 2009, and March 4, 2010.232 Based on this figure, it can be deduced that the
amount of food provided by the State represented approximately 0.29 kilos per person
per day, taking into account the census provided.233 Consequently, the Court finds that
221
Cf. Note of the National Emergency Secretariat (SEN-SE No. 1467/09) of December 23, 2009 (file of
attachments to the answer to the application, tome VIII, attachment 1.7, folios 3332 and 3333), and records
of foodstuffs provided by the National Emergency Secretariat (file of attachments to the answer to the
application, tome VIII, folios 3349, 3354, 3362, 3364, 3369, 3374).
222
Cf. Records and schedules of assistance to the disadvantaged, by the National Emergency
Secretariat of the Presidency of the Republic (file of attachments to the answer to the application, folios 3322
to 3377) and (file of attachments to the State’s final arguments, folios 4284 to 4303).
223
Cf. United Nations, Committee on Economic, Social and Cultural Rights. General Comment No. 12,
May 12, 1999, E/C.12/1999/5. Paras. 6 to 8.
224
It is worth mentioning that, according to the Committee on Economic, Social, and Cultural Rights,
“[t]he right to adequate nutrition shall not […] be interpreted in a narrow or restrictive sense which equates
it with a minimum package of calories, proteins and other specific nutrients.” (General Comment No. 12,
supra note 223, para. 6).
225
Cf. Note of the National Emergency Secretariat (SEN-SE No. 1467/09), supra note 221.
226
Cf. Health evaluation in four Enxet Communities, supra note 218, folio 2650, and Expert testimony
of Pablo Balmaceda during the public hearing on April 14, 2010, during the forty-first special session held in
Lima, Peru.
227
Cf. Health evaluation in four Enxet Communities, supra note 218, folios 2650 to 2651.
228
Cf. Health evaluation in four Enxet Communities, supra note 218, folio 2650.
229
Cf. Expert testimony of Pablo Balmaceda, supra note 226.
230
Cf. Testimony of Antonia Ramírez, supra note 28.
231
Cf. Testimony of Gerardo Larrosa, supra note 75, folio 607, and Testimony of Maximiliano Ruíz,
supra note 28.
232
Cf. Records and schedules of assistance to the disadvantaged by the National Emergency
Secretariat of the Presidency of the Republic, supra note 222, and attachments to the final written
arguments, file of attachments to the final written arguments, folios 4284 to 4303).
233
To obtain this figure, the following formula was applied: 23,554 (total kilos delivered according to
the records of assistance to the disadvantaged of the National Emergency Secretariat of the Presidency of
46
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