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(Bio)Fueling Injustice? - Europafrica

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9.2. The way forward: EU and its Member states have an<br />

important role to play<br />

The effect of agrofuels should be considered in the broader context surrounding<br />

access to land, 522 particularly in Africa. There is currently a huge pressure on land,<br />

driven notably by the lack of food, climate change and population growth. In this<br />

situation more than ever, smallholders play a crucial role in Africa, both because they<br />

feed the population and because they maintain a very much needed social and cultural<br />

link. It is understood in this context that the former UN Special Rapporteur on the right<br />

to food, Jean Ziegler, qualified biofuel policies as “crimes against humanity.”<br />

If the UN mandate holder used such a strong wording, it is because agrofuel<br />

investments and their related consequences do not come out of a vacuum. The<br />

dramatic effects currently witnessed are the direct consequence of the biofuel policies<br />

in the world. This is, very probably, unintended, but the lack of intention does not<br />

exonerate the EU and its Member States from their responsibilities. Even institutions<br />

such as the European Parliament consider that food insecurity is further exacerbated<br />

by demands for agro-fuels and energy-related policies. 523 As the HLPE notes:<br />

Such a spectacular development of the biofuel industry has<br />

been made possible only because of massive public support:<br />

subsidies, tax exemption and mandatory use in gasoline.<br />

[…].This massive public support for biofuels is the glaring<br />

exception to the general movement to reduce financial aid to<br />

agriculture in OECD countries. In a quite incoherent way, the<br />

European Union and United States have boosted demand for<br />

agricultural commodities, including food products, by their<br />

support for the biofuel industry, at the same time as they have<br />

reduced support to agricultural production, at home and in their<br />

overseas assistance to poor countries. 524<br />

As was demonstrated in this report, this incoherence constitutes a breach of the PCD<br />

obligation under the Lisbon treaty, but also a violation by the EU and its Members<br />

States of their respective legal obligations regarding human and fundamental rights.<br />

Behind the formal legal analysis, there is a reality, people suffering, people fearing of<br />

losing their livelihood, and people risking their way of life, at any time. And besides<br />

their legal obligations, EU countries have a moral obligation. The share of official<br />

development assistance of OECD countries going to the agricultural sector has sharply<br />

decreased in the last three decades, moving from 17% in the 80s to about 6%<br />

today. 525 This is what the UN Special rapporteur on the right to food reminds us:<br />

To a large extent, the rush towards farmland in developing<br />

countries is the results of our own failures […] to adequately<br />

invest in agriculture and rural development in developing<br />

countries. 526<br />

While acknowledging the difficulty to measure social effects and get precise data, this<br />

report presents very clear trends about the negative consequence of the EU biofuel<br />

policy. And this not an abstract view made for the purpose of this report; it is an<br />

opinion shared by many organisations, including NGOs but also international<br />

organisations, states and other actors who oppose biofuel mandates and subsidies. If<br />

95

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