4

The Guidance Tool

Responsibilities Statement Indicators Resources

REQUISITE

Article

12.6

The company investigates production options that do not require the transfer of land and forest tenure rights to the company.

  • The company consults authorities and communities on leasing and outgrower models.
  • The company commissions feasibility studies on production models based on smallholder production.

FAO Contract Farming Resource Center

Article

12.6

The land holdings in the current site are reviewed to ascertain that the project actually requires the amount of land in the current concession.

  • Project modified to reduce footprint.

Article

3.2

16.7

16.9

The company conducts thorough due diligence on existing and historic land and forest tenure rights in the brownfield site.

  • The company hires independent tenure experts to review the tenure situation in the area, including the history of how the site was acquired by the current seller.
  • The company maps secondary, informal, and customary rights to land and forests in or around the project site with due care given to rights held by women.
  • Due diligence is conducted on the beneficiaries of the land lease or sale. The project is abandoned if Politically Exposed Persons are included as beneficiaries.
  • Retrospective analyses are completed to determine whether forced evictions took place during the original acquisition of the project site.

Land and forest tenure experts

Participatory mapping experts with local expertise

UNGPB (Principles 15, 17, 21)

IFC Performance Standards

World Bank Operational Manual on Involuntary Resettlement

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

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 made public.
  • Assessments are made available in the proposed project areas in local languages and disseminated to marginalized groups within the community like 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

3.2

9.9

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 UNDRIP 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.

UNDRIP

Article

3.2

The company establishes a process to evaluate grievances and land claims before deciding to proceed with the acquisition of the brownfield site and provide just and prompt compensation when relevant.

  • The company has engaged with communities to create accessible operational-level grievance mechanisms so as to quickly remedy conflicts when/if they arise.
  • Grievance mechanisms are accessible to all affected parties including women and minorities.
  • Indigenous Peoples’ right to redress is upheld for land previously acquired without their Free, Prior and Informed Consent.
  • Company non-judicial grievance mechanisms uphold the UNGPB Effectiveness Criteria.

UNGPB (Principle 31)

Business and Human Rights Resource Centre

UNDRIP

Article

3.2

The company establishes a tenure risk management system to monitor, prevent, and address land tenure and forest rights abuses in the project area.

  • Employees use the risk management system to review changes to land and forest tenure rights in the area as a means to engage with the local community, and as a way to hold the company accountable for commitments it has made regarding land use.
  • Integration of land and forest tenure related KPIs for key project staff.

UNGPB (Principles 17-21)

Article

11.4

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

  • The company makes the 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. If legacy issues remain due to corrupt practices of the previous operator, the company proactively addresses the issue.

United Nations Convention Against Corruption

Transparency International Business Integrity Toolkit

Article

12.1

The company supports local food security and local development.

  • The company provides jobs and training to host communities.
  • The company provides training and supplies to help improve smallholder productivity in the project area.

ADDITIONAL

Article

6.6

The company provides independent legal support to communities during the negotiation for the brownfield site.

  • Legal teams provided to defend the rights and interests of the communities/households affected by the project.

Namati Paralegals Program

Article

The company attempts in good faith to provide redress for past injustices in the brownfield site related to legitimate land and forest tenure rights and human rights.

  • Compensation is made to communities originally displaced if the project proceeds.
  • The project is abandoned if previously forcibly evicted community/households wish to return to the area unless agreement is reached on a mutually acceptable alternative.