4

The Guidance Tool

Responsibilities Statement Indicators Resources

REQUISITE

Article

12.6

The company actively considers a range of project designs that do not include the acquisition of land and resources.

  • Feasibility studies on outgrower schemes and other smallholder production models commissioned.
  • The project leases land directly from the host community for a defined period of time that has been openly negotiated and equitably valued.

Oxfam Smallholder Supply Chain program

FAO Contract Farming Resource Center

Article

3.2

12.4

12.5

The company conducts and publicizes Environmental and Social Impact Assessment, Human Rights Impact Assessment, and food security analyses before any investment decisions are made.

  • Independent impact assessment experts are contracted.
  • ESIAs and HRIAs are conducted prior to project implementation and include assessments of actual and potential impacts on human rights, legitimate tenure rights, dispossession of rights- holders, and environmental damage.
  • Assessments are made available in proposed project areas in local languages and disseminated to marginalized groups within the community, such as women, minorities, and the poor.
  • HRIAs include specific focus on the project’s impacts on women’s tenure rights.

UNGPB (Principles 15, 17, 21)

BSR on Conducting an Effective HRIA

CEDAW 1979 article 14

Maputo Protocol article 19.c.

Article

9.9

12.10

The company meaningfully consults all neighboring/ host communities with special attention paid to women, as well as pastoralist and migrant communities prior to making investment decisions.

  • Free, prior and informed consent of Indigenous Peoples affected by the project has been secured before proceeding.
  • Meaningful consultation with other local communities has been accessible and carried out using the highest standards.
  • Detailed land and forest tenure assessments conducted to document existing legitimate tenure rights in/around the project site.
  • Comprehensive legal and customary gender assessment conducted to establish gaps in women’s tenure rights.

FAO FPIC Guide

IFC Performance Standards

CEDAW 1979 article 14

Maputo Protocol article 19.c.

Article

3.2

7.1

9.9

12.12

12.4

If the project proceeds, the company actively ensures that it does not infringe upon the existing legitimate land and forest tenure rights present in the area.

  • The company hires knowledgeable tenure experts with experience in the region to assess the land and forest tenure situations in potential project sites and establishes systems to monitor tenure abuses.
  • The company works with government authorities to support rights formalization when requested by the community.
  • Communities or households with legitimate seasonal tenure rights to the company’s operating area are provided with rights of way or negotiated seasonal access that meets the communities’ requirements.
  • The company has budgeted time and resources to monitor the impacts of its projects on surrounding communities. It actively participates in monitoring exercises.
  • Integration of land and forest tenure related Key Performance Indicators (KPIs) for key project staff.
  • The company investigates the counterparty selling or providing land to ensure its rights were acquired legitimately and without infringing on the rights of other legitimate tenure rights-holders.

USAID, AFD and FAO guidance documents

LGAF

RRI tenure data

Article

16.7

16.9

The company’s investment did not lead to forced evictions.

  • The company abided by the highest international standards related to displacement and expropriation.
  • Indigenous Peoples are not forcibly removed from their land and territories. No relocation has occurred without the Free, Prior and Informed Consent of Indigenous Peoples.
  • The company has budgeted adequate resources for compensation to households and communities that will be affected by the project.
  • The company monitored the expropriation and resettlement processes to ensure that the process respected the human rights of the affected communities. If it did not, the company abandoned the project and paid appropriate compensation to the affected communities.

IFC Performance Standards

World Bank Operational Manual on Involuntary Resettlement

UNDRIP

UN Human Rights Council general comment No. 4 and No. 7 (on the CESCR)

Article

3.2

16.1

16.3

16.5

The company engages with communities to create accessible operational-level grievance mechanisms so as to quickly remedy conflicts when/if they arise and provide just and prompt compensation when relevant.

  • The company’s non-judicial grievance mechanisms uphold the UNGPB Effectiveness Criteria and are accessible to all affected parties including women and minorities.

UNGPB (Principles 31)

Business and Human Rights Resource Centre

Article

11.4

The company acts transparently in all its dealings related to the project.

  • The company makes details of the project available to the host community in local languages.
  • The company holds regular meetings with host communities to update them on project performance.

UNGPB (Principles 15, 17, 21)

Article

6.9

The company does not engage in corrupt practices.

  • The company has a zero tolerance policy on corruption.

United Nations Convention against Corruption

Transparency International Business Integrity Toolkit

Article

12.1

12.4

The company addresses local economic development, food security, and the rights of smallholders in the design of greenfield projects.

  • Based on consultations with local communities and government authorities, independent experts provide analysis and advice to the company regarding how to support food security and smallholders in the project area.

Article

12.2

The company’s projects contribute to local food security and smallholder productivity.

  • Public-private partnerships to enhance the productivity of smallholders.
  • The company does not acquire land for speculation and develops its projects in reasonable time periods.

ADDITIONAL

Article

6.6

The company supports communities and individuals to register their land and forest rights in or around the project site to the extent feasible.

  • The company provides funds or legal support for communities and individuals to register their claims.

Namati Paralegals Program