A/HRC/13/33/Add.4
land larger than 100 manzanas to dedicate 10 per cent of their land to the production of
basic grains. Although the decree was never enforced, it is regrettable that, instead of
insisting on its implementation, the Congress decided to abolish it in 2008.
VI.
The obligation to fulfil the right to food (facilitate)
38.
The obligation to fulfil the right to food includes the facilitation of efforts to
strengthen people’s access to and utilization of resources and means to ensure their
livelihood. This involves the drafting and implementation of a participatory right to food
strategy; the preparation of a comprehensive and participatory food insecurity and
vulnerability diagnosis; the effective implementation of a rural development plan and
agrarian reform; and the setting up of recourse mechanisms.
A.
Right to food strategy
39.
Since 2005, with the adoption of the Law on the National System for Food and
Nutritional Security,37 Guatemala stands out as one of the first countries to have adopted a
framework law on the right to food, leading a movement that now reaches almost twenty
countries worldwide, including a number of countries in Latin America.
40.
The law establishes a national food and nutrition security system (SINASAN),
involving Government authorities and representatives of Guatemalan society (art. 6) in the
design of a national food and nutrition security policy (art. 7). A National Food and
Nutrition Security Council (CONASAN), is also established (art. 11) as the governing body
of SINASAN. The Secretariat for Food and Nutritional Security of the Presidency of the
Republic (SESAN) is the coordinating body (art. 19).
41.
In addition, a forum for social consultation and participation (Instancia de consulta y
participación social, INCOPAS) allows for the inclusion of representatives from different
sectors such as indigenous peoples, peasants, the private sector, the church, universities and
social research centres, unions, NGOs, women’s organizations and professional colleges. It
would appear that the technical proposals elaborated by INCOPAS have generally not been
heeded by CONASAN. This relates for example to an initiative for social auditing and a
proposal for strengthening the Contingency and Food Emergency Plan (Plan de
contingencia y emergencia alimentaria).38 In addition, civil society participation appears to
have been very limited in the context of departmental, municipal and community
commissions on food and nutrition security.39
42.
The Law also foresees the creation of a group of supporting institutions (Grupo de
instituciones de apoyo,- GIA) composed of government institutions, which do not belong to
CONASAN, and international cooperation agencies. The latter was never officially formed.
43.
The Strategic Plan for Food and Nutrition Security (Plan Estratégico de Seguridad
Alimentaria y Nutricional, PESAN 2009-2012) establishes binding commitments for the
member institutions of CONASAN. Its main objective is to coordinate the interventions to
address food and nutritional insecurity and chronic malnutrition in a sustainable and
37
38
39
12
Ley del Sistema Nacional de Seguridad Alimentaria y Nutricional (2 de mayo de 2005, Decreto No.
32-2005).
INCOPAS, “Informe de la sociedad civil: situación del derecho a la alimentación y otros derechos
relativos en Guatemala”, September 2009, page 10.
INCOPAS, “Proceso histórico de la INCOPAS y el contexto actual de SAN: un enfoque desde
sociedad civil”, September 2009, p.1.