4

The Guidance Tool

Responsibilities Statement Indicators Resources

REQUISITE

Article

3.2

6.9

Before proceeding with its projects, the company conducts thorough due diligence on its local investment partners and the land and forest tenure situation in the area.

  • Background research performed on local investment partners to ensure that they did not illegally or illegitimately acquire the land and that they are not alleged (or proven) to be involved in corruption and human rights abuses.
  • Land and forest tenure analyses conducted in greenfield project area.

United Nations Convention Against Corruption

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 of Indigenous Peoples affected by the project has been secured before proceeding.
  • Consultation in accordance with the highest standards has been conducted to identify the communities’ development priorities, land and forest tenure rights, and concerns with the project.

FAO FPIC Guide

IFC Performance Standards

CEDAW 1979 article 14

Maputo Protocol article 19.c.

Article

3.2

In the event that the project proceeds, the company establishes a risk monitoring system to ensure that its actions do not infringe on the tenure rights of host communities.

  • Employees use the risk monitoring 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.
  • Staff trained to engage with communities and monitor the company’s impact on the land and forest rights of host communities.

UNGPB (Principles 17-21)

Article

16.7

16.9

The company ensures that the project does not lead to the forced eviction of host communities.

  • The company provides funding and support to ensure that any expropriation or resettlement process is consistent with the highest international standards.

IFC Performance Standards

World Bank Operational Manual on Involuntary Resettlement

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 (Principle 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 the details of the project available to the host community in local languages.
  • Company holds regular meetings with host communities to update them on project performance.
  • ESIAs and HRIAs are conducted prior to project implementation and made public in local languages and disseminated to marginalized groups in 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)

Article

12.1

12.4

The company supports local food security and smallholders through the project.

  • The company adjusts the project to ensure that it promotes local development and food security.
  • The company provides more employment opportunities or training to smallholder producers.