a forced eviction by private militia.[15]
25.
The Special Rapporteur urges the State, at federal, state and municipal levels, to take all measures necessary to ensure that
legitimate forms of protest and social activism enjoy the protections afforded to them by international human rights standards.
Furthermore, he recalls that restrictions on activities deemed illegal must be based on the rule of law and strictly proportionate to the
public goal pursued.[16]
IV. The obligation to protect the right to food
26.
The obligation to protect the right to food requires each State to ensure that enterprises or individuals do not deprive
individuals of their access to adequate food.[17] Measures conducive to this outcome include labour and environmental legislation, as
well as the law on land ownership and use.
1.
Labour relations
27.
Labour regulation in Brazil — based on a national codification first carried out in the 1940s — has not changed significantly
since 2002. However, monitoring activities by the federal labour inspectorate have increased and Brazil has taken a number of
measures to repress slave-like labour conditions, particularly in rural areas. These efforts, as well as the tremendous sacrifice of
individual inspectors, some of whom have been murdered in the exercise of their duties, are to be commended. Brazil must step up
efforts to tackle this problem. In particular, the Special Rapporteur encourages Brazil to adopt the constitutional amendment that
would allow expropriation without compensation of farmlands in which slave labour was found to occur. Slave-like labour is both a
serious violation of a human right in its own right, and the most extreme violation of the right to a decent standard of living, including
the right to adequate food, that is recognized in article 11 of the International Covenant on Economic, Social and Cultural Rights.
28.
One of the main tools that the Government has to protect the right to food of workers is its power to set the national
minimum wages. Since 2002, minimum wages have been readjusted annually and these wage hikes have resulted in increased
purchasing power in real terms. Accumulated inflation from 2002 to 2008 was of 64 per cent, while the minimum wage grew 158 per
cent over the same period. The indirect effects also are noteworthy: pensioners, and particularly rural pensioners, have their income
linked to the national minimum wage, the level of which also influences wages in the informal sector;[18] in addition, by consistently
expanding the domestic consumer market, Brazil has developed greater resilience to externals shocks, such as the financial crisis of
2008.
2.
Environmental regulation
29.
The protection of the environment affects the right to food in different ways: it ensures the long-term sustainability of the
agricultural sector; makes sure that food produced is appropriate for human consumption and healthy; and guarantees that
biodiversity is preserved, ensuring that seeds, plant and animal species remain available for food production and renewal of natural
resources.
30.
In this respect, Brazil has taken a number of measures to ensure the compatibility of agricultural expansion with the
protection of the environment. Depending on the biome, agricultural establishments must set aside an area (“legal reserve”) varying
from 20 to 80 per cent of the farm’s surface for preservation purposes. Failure to register these areas and practising deforestation
within them constitute punishable environmental crimes. Moreover, Brazil has recently concluded a national zoning for sugar-cane
production which discourages its cultivation in over 81 per cent of agricultural land. At present, producers who do not respect the
zoning would be sanctioned only by the denial of Government credit and other subsidies, but a bill has been presented to Congress
that would effectively prohibit the cultivation of sugar canes in those areas. These initiatives have certainly reinforced the legal
framework of environmental protection, but the crucial factor is the capacity of Brazil to monitor compliance with these regulations.
Brazil should also step up its efforts to combat the excessive use of pesticides: the Brazilian Sanitary Vigilance Agency has found
dangerous trace levels of pesticides in food, including substances prohibited by the agency.
3.
Land ownership and use
31.
In Brazil, the clarification of land registration in rural areas has long been an area of concern and, despite progress in the
period under review, great challenges remain. Grilagem, already referred to above, concerns an estimated 100 million hectares in
Brazil, or roughly 12 per cent of the national territory, according to a Government estimate.[19] In 2000, for instance, INCRA
cancelled the registration of 1,899 large properties which claimed over 62 million hectares. Grilagem is particularly frequent in the
Amazon region, since 45 per cent of its surface has not been officially titled, and low population density invites informal occupation.
The current accelerated process of land regularization for the Amazon region, the “Terra Legal” Programme, aims at addressing this
issue by guaranteeing title to lands of up to 1,500 ha for settlers who have occupied land peacefully since 2004, where there are no
rival claims to ownership. Titling will be free for properties up to 100 ha; below market price for properties up to 400 ha; and at
market price for properties up to 1,500 ha. This initiative has raised concerns among indigenous communities and civil society that
prior claims by traditional communities will not be given sufficient consideration, increasing tensions and ultimately slowing the pace of
demarcation of indigenous lands. Moreover, there are fears that large landowners will use intermediaries to legalize properties and
then consolidate them within their own property through fictional acquisitions.
V. The obligation to fulfil the right to food
32.
The obligation to fulfilthe right to food includes an obligation forthe State to strengthen people’s access to and utilization of
resources and means to ensure their livelihood, including food security.[20] Under article 2 of the International Covenant on
Economic, Social and Cultural Rights, Brazil must take steps, “to the maximum of its available resources”, towards the full realization