The Guidance Tool

International Instruments

While not legally binding, the VGGT rest upon international law and agreed norms regulating corporate responsibilities. The VGGT state:

“These Guidelines should be interpreted and applied consistent with existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. They are complementary to, and support, national, regional and international initiatives that address human rights and provide secure tenure rights to land, fisheries and forests, and also initiatives to improve governance. Nothing in these Guidelines should be read as limiting or undermining any legal obligations to which a State may be subject under international law.” (Article 2.2)

Several international rights agreements recognize rights related directly and indirectly to land and forest tenure. It is a company’s responsibility to understand and uphold its responsibilities under international law and agreements. Below are several of the most relevant to this Guide:

7 UN-OHCHR. 2011. Guiding Principles on Business and Human Rights. Publications/GuidingPrinciples BusinessHR_EN.pdf

8 See also: Human Rights Reporting and Assurance Frameworks Initiative.

9 OHCHR. 2014. Report of the United Nations High Commissioner for Human Rights on Land and Human Rights. doc.asp?symbol=E%2F2014%2F86

10 UN. 1948. Universal Declaration of Human Rights. index.shtml

11 UN. 1966. International Covenant on Economic, Social and Cultural Rights Interest/Pages/CESCR.aspx.

12 UN. 2007. United Nations Declaration on the Rights of Indigenous Peoples. documents/DRIPS_en.pdf

13 ILO. 1989. Indigenous and Tribal Peoples Convention.

14 UN-OHCHR. Basic Principles and Guidelines on Development-based Evictions And Displacement: Annex 1 of the report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living. A/HRC/4/18.
http://daccess-dds 28/PDF/G0710628.pdf?OpenElement