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The Guidance Tool

Responsibilities Statement Indicators Resources

REQUISITE

Article

3.2

The company reviews its existing holdings against the requirements of the VGGT to ensure that they respect the legitimate tenure rights of the host communities (especially women and smallholders).

  • Due diligence is conducted on the tenure situation in the project area including the rights of women and secondary users whose rights might have been overlooked previously.
  • Retrospective analysis of how the land for the project was acquired is conducted.
  • New ESIAs and HRIAs that integrate land and forest tenure considerations are conducted.
  • HRIAs include specific focus on the project’s impacts on women’s tenure rights.

Independent tenure experts

UNGPB (Principles 15, 17 and 21)

CEDAW 1979 article 14

Maputo Protocol article 19.c.

Article

3.2

The company produces a roadmap based on the findings from the review and impact assessments to mitigate infringements of existing rights and to compensate for previously infringed rights.

  • Findings from the review are made public in local languages.
  • Roadmap developed in close consultation with affected communities and households.
  • Integration of land and forest tenure related KPIs for key project staff.

Article

3.2

The company establishes a risk management system to ensure its operations are not violating the tenure or human rights of neighboring/host communities.

  • 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.
  • Any project expansion or reduction plans incorporate community consultation before decisions are made.

UNGPB (Articles 17-21)

Article

3.2

The company establishes a process to evaluate grievances and historic land claims within or around the 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.

UNGP (Principle31)

Business and Human Rights Resource Centre

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.
  • ESIAs and HRIAs are conducted and made public in local languages and disseminated to marginalized groups within the community like women, minorities, and the poor.
  • The company holds regular meetings with host communities to update them on project performance.

UNGPB (Principles 15, 17, 21)

Article

6.9

The company re-evaluates its corruption policies and its relationship with land administration agencies to ensure there is no corruption.

  • New statement on zero tolerance for corruption issued.
  • Staff trained to report corruption.

United Nations Convention Against Corruption

Business and Human Rights Resource Centre Transparency International Business Integrity Toolkit

Article

3.2

16.7

16.9

In the event that the existing holding was acquired through corruption or forced eviction, the company establishes a process to remedy past wrongs.

  • Non-judicial grievance mechanism established (upholding the UNGPB criteria).
  • Indigenous Peoples’ right to redress is upheld for land previously acquired without their Free, Prior and Informed Consent.
  • The project is abandoned if previously forcibly evicted community/households wish to return to the area.

UNGPB (Principle 31)

Business and Human Rights Resource Centre

UNDRIP

IFC Performance Standards

World Bank Operational Manual on Involuntary Resettlement

OHCHR Fact Sheet on Forced Evictions

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

Article

12.1

12.4

The company verifies that its operations contribute to the national food security strategy of the host country and does no harm to local food security.

  • Where possible the business model is changed to incorporate smallholders.
  • Benefit sharing arrangements modified to ensure local food security.

Oxfam Smallholder Supply Chain program

ADDITIONAL

Article

3.2

12.1

The company modifies or abandons projects if the company acquired the land illegally or through means that negatively impacted local food security and the legitimate tenure rights of the host communities.

  • New production model or compensation system put in place.

Article

6.6

The company provides legal and technical assistance to communities to secure their land and forest tenure rights.

  • Paralegals and the fees to register community land and forest rights are furnished by the company.

Namati Paralegal Program