(e)
The authorities should systematically perform ex ante impact assessments on the right to food when
engaging in large-scale infrastructural projects, such as dams, with the participation of the communities affected. They
should ensure that no eviction takes place which would not comply with the existing relevant international standards,
particularly general comment No. 7 of the Committee on Economic, Social and Cultural Rights on the right to adequate
housing (art. 11, para. 1): forced evictions[45] and the Basic Principles and Guidelines on Development-based Evictions
and Displacement presented in 2007 by the former Special Rapporteur on the right to adequate housing;[46]
(f)
Legitimate social protest should not be criminalized. The State, at federal, state and municipal levels,
should take all measures necessary to ensure that legitimate forms of protest enjoy the protections afforded by
international human rights standards. Restrictions to activities deemed illegal should be based on the rule of law and be
strictly proportionate to the public goal pursued. A strong civil society and strong civil movements are key assets for a
comprehensive approach to combating hunger in Brazil.
(g)
Social policies of the “Zero Hunger” strategy could be further consolidated by: (1) being institutionalized
under a single, unifying legislative framework; (2) ensuring that the local-level authorities have the required capacity to
deliver, which requires adequate training and monitoring; (3) ensuring that beneficiaries are clearly informed about their
rights under the existing programmes, including their right to claim mechanisms; (4) ensuring that the administrations
competent for indigenous communities and Quilombolas (including but not limited to FUNAI) have officers travelling to
the communities concerned, in order to assist them in complying with the necessary formalities; (5) ensuring that
indigenous communities and Quilombolas are systematically represented in the administrations concerned and receive
adequate support to ensure the effectiveness of such participation.
(h)
Brazil should review the structure of its existing public revenues and public spending in order to ensure
that the progressive realization of the right to food is pursued through the maximum use of its available resources. In the
Special Rapporteur’s view, only a tax reform that would reverse the current regressive nature of taxation would enable
Brazil to make such a claim; and it would enable even greater progress in the fight against hunger. The Special
Rapporteur also encourages Brazil to earmark a portion of the revenues from the pre-salt field for the “Zero Hunger”
strategy by including the right to food among the social objectives to be pursued by the Pre-Salt Social Fund.
(i)
The Government should pursue and scale up the strategy to ensure a more equitable redistribution of
land, in accordance with the Voluntary Guidelines to support the progressive realization of the right to adequate food in
the context of national food security. He urges the Government of Brazil to review the obstacles to the acceleration of
the land redistribution process.
(j)
The Special Rapporteur calls for a participatory assessment to be performed, in order to guide the
choices made by the Government of Brazil relative to the support it provides to different forms of agriculture (largescale and small-scale family farming), including through research. The Special Rapporteur encourages the Government
to further increase its support to family agriculture by: (1) ensuring that such support reaches the poorest farmers, who
should be assisted in overcoming existing barriers; (2) devoting the necessary means to ensure the rapid implementation
of Act No. 11,947 of 16 June 2009 which provides that a minimum of 30 per cent of all food acquired for the school
feeding programmes should be sourced from family farms.
(k) The pursuit of access to foreign markets and the greater degree of openness of the domestic market to
trade must be accompanied by serious consideration of the effects — economic, social and environmental — on different
groups within the country and on the sustainability of the process seen in its entirety. In order to ensure that the
promotion of export-led agriculture is not done at the expense of smallholders, Brazil should continue to promote family
agriculture and ensure that it is afforded the support required to face the challenges of an eventual greater liberalization
of agricultural trade, including by the promotion of cooperatives to increase scale economies and better adapt to
certification and standardization procedures required by exacting import markets. The Government could study the
possibility of using the Brazilian Export and Investment Promotion Agency as a coordination platform to develop actions
to ensure the gradual integration of small-scale farmers and their cooperatives in export-oriented projects, as it is
actively doing with organic farmers.
(l)
Brazil could lead by example in conducting a comprehensive participative right to food impact assessment
in order to assess the overall and distributional effects of increased agricultural trade.
(m) Brazil could step up its efforts to monitor compliance with social and environmental requirements in the
sugar-cane plantations. It could set up task forces comprising members of the labour inspectorate, the Ministry of the
Environment and the Federal Public Ministry, supported by the federal police, to make unannounced visits in plantations
in order to verify compliance with these requirements and impose dissuasive penalties in cases of non-compliance,
including expropriation without compensation. Brazil could also take the lead in establishing integrated social and
environmental certification procedures, with a view to reducing inequalities of incomes in rural areas by using the ethanol
production chain as a tool for human development. Public loans could be made conditional upon successful completion of
ex ante impact assessments based upon these standards. The integration of food and energy production should be
encouraged at the local level, which would mean that the current sugar-cane zoning initiative should be complemented by
a microbiome zoning (maximum percentage of sugar cane on a given area in the regions where it is authorized).
*Late submission.
**The summary of the present report is being circulated in all official languages. The report, which is annexed to the summary, is
being circulated in the language of submission only.