A/HRC/13/33/Add.4 Parliamentary Commission on Energy and Mines to reactivate the debate on legal reform in 2008, which remained ongoing at the time of the visit. Civil society representatives made a number of proposals on the institutionalization of consultations with communities affected by mining operations; the improvement of environmental impact assessments and the creation of a fund to ensure rehabilitation and compensation for damage to the environment caused by mining activities; the increase of taxes on mining operations and of fees for the use of water; and the adoption of a moratorium on mining licences until the law has been amended in this sense. The Special Rapporteur encourages the Congress to pay due attention to these proposals and to adopt the new law swiftly with full recognition of the rights of affected communities over their natural resources. This is all the more urgent given that the Constitutional Court declared parts of the Law on Mining unconstitutional in 2008.32 C. Agrofuels 34. Although displacements related to mining exploration and hydroelectric projects remain an important concern, a new trend is the increased pressure on land due to the development of crops for agrofuel production, such as palm oil (palma africana), sugar cane and jatropha (piñon). The area of land used for the production of such export cash crops is increasing. In 2005, an estimated 35,000 hectares were planted with palm oil and 197,000 ha with sugar cane – 72 per cent sold on international markets.33 In 2007, 65,000 ha were planted with palm oil and it is estimated that this number will reach over 100,000 ha in 2010.34 In 2008, 308,657 ha (441,636 manzanas) were dedicated to sugar cane plantation, according to the National Agricultural Survey. As these areas expand, there is increased speculation on land prices and less land available for small peasants to rent and grow basic grains. 35. The conversion of areas traditionally planted with basic grains into sugar cane and palm oil plantations has had an adverse impact on food production levels. Between 1990 and 2004, the production of corn went down by 15.7 per cent; of beans by 17.8 per cent; of wheat by 64.6 per cent; and of rice by 21.4 per cent.35 In turn, these reductions mainly affect small producers, as for example 55 per cent of corn is grown on parcels smaller than 5 manzanas (3.49 ha).36 Despite the large number of families depending on the production of basic grains, however, the Government has not implemented a coherent and coordinated policy designed to support small-scale production. 36. Also of concern is the fact that the areas more susceptible to conversion to sugar cane and palm oil are those where the Secretariat of Agrarian Affairs has registered the highest levels of land conflicts. These include the Petén, Alta Verapaz and Izabal regions, which have traditionally been corn-growing, but have been increasingly targeted for the production of cash crops. 37. The Special Rapporteur notes that Decree 40-74 (Ley Obligatoria y de Fomento para el Cultivo de Granos Básicos) obliged anyone who owned, rented or used a piece of 32 33 34 35 36 INCOPAS, “Informe de la sociedad civil: situación del derecho a la alimentación y otros derechos relativos en Guatemala”, September 2009, page 6. Atlas de la agroenergía y los biocombustibles en las Américas; Instituto Interamericano de Cooperación para la Agricultura (IICA), 2007. El Periódico, 15 July 2008. Ricardo Zepeda Gaitan and Martin Wolpold-Bosien, Avances en la Promoción del Derecho a la Alimentación en Guatemala, CIIDH/ FIAN, 2007. IV Censo Nacional Agropecuario, 2003. 11