Preliminary conclusions: Mission to Nicaragua, 6-12 September 2009

(GENEVA and MANAGUA, 11 SEPTEMBER 2009.) – The UN Special Rapporteur on the right to food, Mr Olivier De Schutter, is conducting an official mission to the Republic of Nicaragua, in order to assess the obstacles to the realization of the right to food and to identify recommendations that could contribute to removing such obstacles in the future. The report will be presented officially to the Human Rights Council in March 2010.

The preliminary conclusions are the following:

The 2009 Law (No. 693) on food and nutrition sovereignty and security

• The Special Rapporteur welcomes the commitment of the government of the Republic of Nicaragua to the realization of the right to food, as well as the cooperative spirit in which the mission could take place. He emphasizes in particular the importance of the Law (No. 693) on food and nutrition sovereignty and security (Ley de Soberanía y Seguridad Alimentaria y Nutricional - SSAN), published on 16 July 2009. The adoption of this legislation is an important step towards the realization of the right to food. It should be seen as an opportunity to encourage a shift towards a form of agricultural development that raises the incomes of smallholders and that is more environmentally sustainable.

The national ‘Hambre Cero’ strategy

• The Special Rapporteur is impressed by a number of initiatives of the government to improve food security in the country, particularly under the national ‘Hambre Cero’ strategy. The Special Rapporteur encourages the government to ensure the integration of human rights principles in the design and implementation of support schemes such as ‘Hambre Cero’. Transparency in the implementation should be improved, in order to make such programmes as inclusive as possible. The conditions which beneficiaries must comply with in order to qualify should be clearly defined in legislation, and complaints mechanisms should be established. This would strengthen a strategy that deserves to be made sustainable in time and scaled up. The entry into force of the SSAN law provides an opportunity to institutionalize the existing programmes following their evaluation.

Combating volatility of prices on the markets for basic grains

• The Special Rapporteur welcomes the strengthening of the storage capacities of ENABAS, the public company that buys basic grains at prices which are considered to be remunerative for producers while at the same time selling these grains at prices which are affordable for the poorest. The Special Rapporteur is concerned that the interventions on the market of ENABAS may lack effectiveness in the absence of an improved coordination at a regional level. He also believes that the poverty-reducing impacts of the distribution of basic grains at subsidized prices would be significantly improved if a vouchers system were put in place, prioritizing the poorest households in the access to such benefits.

The situation of agricultural workers

• The Special Rapporteur gathered extensive information about the situation of workers in the agricultural sector, who constitute a particularly vulnerable category. The minimum wage is currently set at 75 córdobas per day. While this minimum is generally complied with, it is set at a level that is too low. In accordance with the 2008 Law on the minimum wage, the minimum wage should be raised gradually, and be revised on a regular basis in order to reflect the evolution of the price index for basis commodities. Other initiatives have the potential of improving the situation of agricultural workers in the future. The Special Rapporteur will follow with interest the discussions surrounding the proposal for a law on subcontracting of labor (Projecto de Ley Reguladora de tercerizacíon y subcontratacíon) and the decisions of the national tripartite council established to encourage dialogue between government, employers, and workers’ unions.

Agrarian reform and access to land

• Access to land remains an important issue in Nicaragua. Therefore, the implementation of the titling programme should be accelerated in order to limit the risk of more conflicts over land in the future. In the resolution of agrarian conflicts, priority should be given in access to land to those who use the land as a productive resource, and the process should not lead to any eviction that does not comply with the international human rights principles. It is also vital that titling goes hand in hand with improvements to the production capacities of smallholders, something that improved access to credit could significantly contribute to. The initiative of establishing Banco Produzcamos is therefore welcome. Finally, access to land of women should be strengthened. The initiative towards creating a fund for the acquisition of land by women is welcome and deserves a wide discussion.

The situation of indigenous peoples

• The issue of land is of particular importance to indigenous peoples. Nicaragua must therefore give legal recognition and protection to their lands, territories and resources, with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned. The Special Rapporteur notes with concern that the indigenous communities are particularly vulnerable to the impacts of climate change, as a result of floods from rivers overflowing. Rapid alert systems should be put in place, and support should be given to the indigenous communities to enable them to develop modes of agricultural production that are more resilient to weather-related events.

The Role of the International Community

• The international community has an important role to play in supporting the efforts of Nicaragua towards improving food security, particularly in agricultural and rural development. The Special Rapporteur was struck by the quality of the coordination among donors, in particular with the support of the UN Resident Coordinator, Mr Alfredo Missair. Yet, a series of events have affected the trust between the Nicaraguan government and the international community of donors. In turn, the dependency on foreign aid of the country makes the Nicaraguan government particularly suspicious of any perceived attempts at undermining the ownership of its national human development strategy, and it sees the imposition of conditionalities, whatever its form, as instrumentalization of aid. The result is that the global roundtable between the government and the international community of donors has not been convened since March 2008. This is regrettable, and it runs against the spirit of the Paris Declaration on Aid Effectiveness and of the Accra Agenda of Action. Each side should be encouraged to take the steps needed to rebuild the trust that is missing. The Special Rapporteur believes that if, as recommended, the governmental policies are placed under the framework of the SSAN Law of 2009 and institutionalized, thus improving transparency, this could constitute an important step towards rebuilding the trust between both sides.