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58. Increasingly unconvinced of the positive net impact of the production of biofuels on
carbon dioxide emissions, non-governmental organizations have started to call for a global
moratorium on the expansion of biofuels until the potential social, environmental and human
rights impacts can be fully examined and appropriate regulatory structures put in place to prevent
or mitigate any negative impacts. For the Special Rapporteur, instead of using food crops,
biofuels should be made from non-food plants, particularly those that can be grown in semi-arid
and arid regions, and agricultural wastes, reducing competition for food, land and water. The
Special Rapporteur is calling for a five-year worldwide moratorium concerning the production of
biofuel and of biofuel diesel.
IV. WHERE IS HOPE?
A. The Right to Food Guidelines
59. The Right to Food Guidelines, which were adopted in November 2004 by the FAO
Council, mark an important step in the definition and implementation of the right to food.
60. The Right to Food Guidelines are groundbreaking insofar as they provide an
internationally accepted definition of the right to food. The definition adopted by Governments
(see paragraphs 16 and 17) closely follows the definition adopted by the Committee on
Economic, Social and Cultural Rights. It also follows the interpretation offered by the
Committee that States are obliged to “respect, protect and fulfil” the right to adequate food. This
has important implications for the acceptance of this framework across all economic, social and
cultural rights.
61. The Right to Food Guidelines are also groundbreaking insofar as they recognize the
international dimension related to the right to food and address questions of, for example,
international trade, food aid and embargoes. This is important because it extends understanding
of the right to food beyond the traditional relationship between a State and its citizens towards a
greater recognition of “extraterritorial” obligations. This set of guidelines also addresses
questions of non-State actors, encouraging direct responsibility for respecting the right to food
and improved regulation of markets to ensure food security.
62. The Guidelines also show how the right to food can be incorporated into government
strategies and institutions.64 They demonstrate how the key human rights principles non-discrimination, participation, transparency, accountability and access to justice - can be
incorporated into a rights-based approach to food security. They also call on States to promote
“broad-based economic development that is supportive of their food security policies”
(guideline 2.1), to “pursue inclusive, non-discriminatory and sound economic, agriculture,
fisheries, forestry, land use, and, as appropriate, land reform policies” (guideline 2.5) and to
incorporate the right to food into poverty reduction strategies. They also urge States to “take into
account the shortcomings of market mechanisms in protecting the environment and public
64
FAO, Right to Food in Action. Examples of How FAO Member Countries Make it
Happen, 2007.
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