A/HRC/13/33/Add.4 communities are a response to a means of peaceful protest against the absence of progress in the implementation of agrarian reform, it should be recalled that both the right to peaceful assembly and the prohibition against inflicting inhuman and degrading treatment on individuals, prohibit the use of violence against peaceful protests. 20. In the view of the Special Rapporteur, local land conflicts and related evictions are not always handled in accordance with the above-mentioned norms in Guatemala. For example, the Rapporteur was informed of several cases of evictions in situations where the identity of the land owner had not been properly verified or where the boundaries of the land in question (finca) had not been delineated in a precise manner. The participation of finca workers in the conduct of the eviction, although it is illegal, was also witnessed on several occasions. While the government has shown openness to solving some cases through forums for dialogue (mesas de dialogo), the Special Rapporteur notes that, all too often, the wealthy landowners are better supported by the State apparatus than the peasants (campesinos).19 B. The impact of trade agreements 21. In 2005, the then Special Rapporteur stressed the potentially adverse effects on food security of trade liberalization in the agricultural sector, in a context where land ownership is highly concentrated and public support mainly targets export-oriented agriculture. In this regard, he noted that competition from cheap imports had affected the production of basic staple foods.20 Referring to the Dominican Republic- Central America-United States Free Trade Agreement (CAFTA, later DR-CAFTA), he considered that this agreement risked exacerbating food insecurity for indigenous and peasant communities. 22. DR-CAFTA came into force in 2006. With the exception of white corn, for which a tariff of 20 per cent was maintained outside quota, tariffs on the import of grain from the United States of America were eliminated under the agreement. While some economic growth has been achieved, this appears to have been mainly to the benefit of agribusiness companies requiring basic grains for food processing, and the poultry industry.21 This has reportedly destabilized traditional small-scale peasant production and accentuated dualization in the farming sector with increased competition over land, water, government support programmes and extension services. 23. Civil society organizations have documented some of the effects of DR-CAFTA on the agricultural sector.22 However, three years after its entry into force, the Special Rapporteur was struck by the absence of government-managed data on the impact of the agreement on the right to food. Likewise, the Rapporteur was unable to obtain a comprehensive assessment of the potential impact of the Association Agreement between Central America and the European Union, which is currently being negotiated. The Special Rapporteur regrets that there is no mechanism in place to assess the impact of such trade and investment agreements. 19 20 21 22 8 This situation is not new, although the current administration seems to be intent on changing this culture. For an assessment of the situation under the previous administration, see Amnesty International, “Guatemala: land of injustice?”, 29 March 2006, p. 2. E/CN.4/2006/44/Add.1, para. 55. Alberto Alonso Fradejas, “Contradicciones históricas ante la crisis del paradigma agroalimentario postmoderno. Reflexiones desde Guatemala”, Observatorio en agropecuario y sustentabilidad, August 2008. Instituto de Estudios Agrarios y Rurales/Coordinacion de ONG y Cooperativas, “Tres años de DRCAFTA: promesas no cumplidas y crisis cada vez más profundas”.