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buy land at market rates from large landholders, with the State playing a part only in mediation
and the provision of credit. Yet these models shift the logic of agrarian reform away from a
concept of a right to land and redistribution towards a view that access to land is only possible
through purchase of the land at market prices, despite a context of historically produced
inequities. Despite past criticism by the Special Rapporteur and many NGOs and social
movements who claim that this undermines more transformative programmes of agrarian
reform,19 the practice continues.
28. The Special Rapporteur saw the limits of the “market-assisted” model during his mission
to Guatemala.20 Despite the fact that the Government is making impressive efforts to change the
situation, Guatemala remains one of the most inequitable countries in the world. Land ownership
is highly concentrated: 2 per cent of the population owns up to 70-75 per cent of agricultural
land, while 90 per cent of small farmers survive on less than one hectare. This situation is the
result of a long history of land expropriation from indigenous people, exacerbated by a 36-year
civil war (1960-1996) during which military and landowners forcibly controlled more land. In
this particular context, the promotion by the World Bank of a market-based redistribution of
land, concretized by the creation of a land fund, FONTIERRA, to provide credit for land
purchases, is particularly ineffective. It precludes the adoption of more important measures
required under the Peace Accords of 1996, including the creation of an effective land registry
system, the elaboration of an agrarian code recognizing indigenous forms of land ownership, and
the establishment of an agrarian jurisdiction to resolve land disputes.
2. The lack of coherence of States’ policies
29. The second aspect of this “schizophrenia” is that many States are not at all coherent as far
as their own practices are concerned. Far too often, one part of a Government undertakes to
protect and promote the right to food, while another part of the Government takes decisions or
implements policies that directly undermine this right.21
30. The great majority of States have recognized the right to food in the World Food Summit
Declarations and the Right to Food Guidelines. More than 150 States are parties to the ICESCR,
and more than 193 to the Convention on the Rights of the Child. They have to respect, protect
and fulfil the right to food in all their policies and decisions. Unfortunately today, there is an
increasing lack of coherence in policies implemented by Governments, which means, for
example, that whilst they remain committed to a rights-based approach to development, they
might also adopt trade policies that could have negative effects on human rights in other
countries.
19
For example “Land for those who work it, not just for those who can buy it”, April 2002,
http://www.foodfirst.org/progs/global/trade/worldbankseminar.html.
20
See E/CN.4/2006/44/Add.1.
21
See E/CN.4/2005/47.
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