A/HRC/9/23
page 39
4.
The policies of the U.S. and of the EU are singled out in this respect. In contrast, according
to this study, “Brazilian ethanol production from sugar cane has not contributed appreciably to
the recent increase in food commodities prices, because Brazilian sugar cane production has
increased rapidly and sugar exports have nearly tripled since 2000. Brazil uses approximately
half of its sugar cane to produce ethanol for domestic consumption and exports and the other half
to produce sugar. The increase in cane production has been large enough to allow sugar
production to increase from 17.1 million tons in 2000 to 32.1 million tons in 2007 and exports to
increase from 7.7 million tons to 20.6 million tons. Brazil’s share of global sugar exports
increased from 20 per cent in 2000 to 40 per cent in 2007, and that was sufficient to keep sugar
price increases small except for 2005 and early 2006 when Brazil and Thailand had poor crops
due to drought”.68
5.
Considering the impact of the increase of the international prices of food commodities on
the poorest, policies aimed at promoting the use of agrofuels from feedstock, having an
inflationary impact on staple foods, could only be justified under international law if very strong
arguments are offered, showing that the benefits from agrofuels outweigh the negative impacts.
Indeed, the introduction of mandates for agrofuels and the provision of subsidies encouraging the
creation of a viable market for agrofuels should be considered as deliberately retrogressive
measures. Under the doctrine of the UN Committee on Economic, Social and Cultural Rights, a
State adopting such measures has the burden of proving that they have been introduced only after
the most careful consideration of all alternatives and provided only that they are duly justified by
reference to the totality of the rights provided for in the Covenant on Economic, Social and
Cultural Rights.69
6.
For the moment, the Special Rapporteur has serious doubts that this burden can be met.
The main justifications which have been put forward for the imposition of blending mandates
and the granting of subsidies to encourage agrofuels production are that this would limit the
emission of greenhouse gases; that this would ensure a security of supply, limiting the
dependency of the EU and the U.S., in particular, on crude oil imported from politically instable
regions; and that this would create employment. But, as already noted in a previous note
presented by the Special Rapporteur, the first justification has been seriously challenged by
recent scientific evidence, which demonstrates that, taking into account the full life cycle of the
product (including the shifts in land-use resulting from an increased demand for cropland for
agrofuels) as well as the massive volumes of water required to produce fuel from crops, the
hopes put in agrofuels as an alternative to fossil fuels have been largely misplaced: indeed, with
the exception of the production of ethanol from sugarcane in Brazil, the carbon balance of other
agrofuels produced from crops is potentially very negative, particularly when land with high
68
Id., at 9.
69
See General comment No. 3 (1990), para. 9.
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