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VGGT Section VGGT Paragraph Human Right Human rights instrument Article

General matters

3. Guiding principles of responsible tenure governance

3.2

Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies.

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
General description of the UN Guiding Principles on Business and Human Rights

The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.         

UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

General matters

4. Rights and responsibilities related to tenure

4.8

Given that all human rights are universal, indivisible, interdependent and interrelated, the governance of tenure of land, fisheries and forests should not only take into account rights that are directly linked to access and use of land, fisheries and forests, but also all civil, political, economic, social and cultural rights. In doing so, States should respect and protect the civil and political rights of defenders of human rights, including the human rights of peasants, indigenous peoples, fishers, pastoralists and rural workers, and should observe their human rights obligations when dealing with individuals and associations acting in defence of land, fisheries and forests.

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

4.9

States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute resolution and remedies

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

General matters

5. Policy, legal and organizational frameworks related to tenure

5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

5.2

States should ensure that policy, legal and organizational frameworks for tenure governance are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
General description of the UN Guiding Principles on Business and Human Rights

The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.         

5.6

States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

5.7

States should define and publicize opportunities for civil society, private sector and academia to contribute to developing and implementing policy, legal and organizational frameworks as appropriate.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
General description of the UN Guiding Principles on Business and Human Rights

The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.         

General matters

6. Delivery of services

6.3

States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to tenure rights. States should review services of implementing agencies and judicial authorities, and introduce improvements where required.

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

6.4

States should ensure that implementing agencies and judicial authorities serve the entire population, delivering services to all, including those in remote locations. Services should be provided promptly and efficiently using locally suitable technology to increase efficiency and accessibility. Internal guidelines should be established so that staff can implement policies and laws in a reliable and consistent manner. Procedures should be simplified without threatening tenure security or quality of justice. Explanatory materials should be widely publicized in ap

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

6.6

States and other parties should consider additional measures to support vulnerable or marginalized groups who could not otherwise access administrative and judicial services. These measures should include legal support, such as affordable legal aid, and may also include the provision of services of paralegals or parasurveyors, and mobile services for remote communities and mobile indigenous peoples

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

6.7

States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services, to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent review or through an ombudsman

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

6.8

Relevant professional associations for services related to tenure should develop, publicize and monitor the implementation of high levels of ethical behaviour. Public and private sector parties should adhere to applicable ethical standards, and be subject to disciplinary action in case of violations. Where such associations do not exist, States should ensure an environment conducive to their establishment.

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

6.9

States and non-state actors should endeavour to prevent corruption with regard to tenure rights. States should do so particularly through consultation and participation, rule of law, transparency and accountability. States should adopt and enforce anti-corruption measures including applying checks and balances, limiting the arbitrary use of power, addressing conflicts of interest and adopting clear rules and regulations. States should provide for the administrative and/or judicial review of decisions of implementing agencies. Staff working on the administration of tenure should be held accountable for their actions. They should be provided with the means of conducting their duties effectively. They should be protected against interference in their duties and from retaliation for reporting acts of corruption

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

Legal recognition and allocation of tenure rights and duties

7. Safeguards

7.2

States should ensure that all actions regarding the legal recognition and allocation of tenure rights and duties are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

7.3

Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized.

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

Legal recognition and allocation of tenure rights and duties

9. Indigenous peoples and other communities with customary tenure systems

9.1

State and non-state actors should acknowledge that land, fisheries and forests have social, cultural, spiritual, economic, environmental and political value to indigenous peoples and other communities with customary tenure systems.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

9.5

Where indigenous peoples and other communities with customary tenure systems have legitimate tenure rights to the ancestral lands on which they live, States should recognize and protect these rights. Indigenous peoples and other communities with customary tenure systems should not be forcibly evicted from such ancestral lands.

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

Legal recognition and allocation of tenure rights and duties

10. Informal tenure

10.2

States should ensure that all actions regarding informal tenure are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate to the right to adequate housing

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

10.5

States should endeavour to prevent corruption, particularly through increasing transparency, holding decision-makers accountable, and ensuring that impartial decisions are delivered promptly

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

Transfers and other changes to tenure rights and duties

11. Markets

11.1

Where appropriate, States should recognize and facilitate fair and transparent sale and lease markets as a means of transfer of rights of use and ownership of land, fisheries and forests. Where markets in tenure rights operate, States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. Transactions of tenure rights to land, fisheries and forests should comply with national regulation of land use and not jeopardize core development goals

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

11.7

State and non-state actors should adhere to applicable ethical standards. They should publicize and monitor the implementation of these standards in the operation of markets in order to prevent corruption, particularly through public disclosure.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

Transfers and other changes to tenure rights and duties

12. Investments

12.1

State and non-state actors should acknowledge that responsible public and private investments are essential to improve food security. Responsible governance of tenure of land, fisheries and forests encourages tenure right holders to make responsible investments in these resources, increasing sustainable agricultural production and generating higher incomes. States should promote and support responsible investments in land, fisheries and forests that support broader social, economic and environmental objectives under a variety of farming systems. States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
General description of the UN Guiding Principles on Business and Human Rights

The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.         

UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

12.3

All forms of transactions in tenure rights as a result of investments in land, fisheries and forests should be done transparently in line with relevant national sectoral policies and be consistent with the objectives of social and economic growth and sustainable human development focusing on smallholders.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
General description of the UN Guiding Principles on Business and Human Rights

The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.         

UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

12.4

Responsible investments should do no harm, safeguard against dispossession of legitimate tenure right holders and environmental damage, and should respect human rights. Such investments should be made working in partnership with relevant levels of government and local holders of tenure rights to land, fisheries and forests, respecting their legitimate tenure rights. They should strive to further contribute to policy objectives, such as poverty eradication; food security and sustainable use of land, fisheries and forests; support local communities; contribute to rural development; promote and secure local food production systems; enhance social and economic sustainable development; create employment; diversify livelihoods; provide benefits to the country and its people, including the poor and most vulnerable; and comply with national laws and international core labour standards as well as, when applicable, obligations related to standards of the International Labour Organization

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
General description of the UN Guiding Principles on Business and Human Rights

The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.         

UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

12.5

States should, with appropriate consultation and participation, provide transparent rules on the scale, scope and nature of allowable transactions in tenure rights and should define what constitutes large-scale transactions in tenure rights in their national context.

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

12.6

States should provide safeguards to protect legitimate tenure rights, human rights, livelihoods, food security and the environment from risks that could arise from large-scale transactions in tenure rights. Such safeguards could include introducing ceilings on permissible land transactions and regulating how transfers exceeding a certain scale should be approved, such as by parliamentary approval. States should consider promoting a range of production and investment models that do not result in the large-scale transfer of tenure rights to investors, and should encourage partnerships with local tenure right holders.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
General description of the UN Guiding Principles on Business and Human Rights

The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.         

UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

12.7

In the case of indigenous peoples and their communities, States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries and the United Nations Declaration on the Rights of Indigenous Peoples. States and other parties should hold good faith consultation with indigenous peoples before initiating any investment project affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with members of indigenous peoples as described in paragraph 9.9. The principles of consultation and participation of these Guidelines should be applied for investments that use the resources of other communities.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

12.8

States should determine with all affected parties, consistent with the principles of consultation and participation of these Guidelines, the conditions that promote responsible investments and then should develop and publicize policies and laws that encourage responsible investments, respect human rights, and promote food security and sustainable use of the environment. Laws should require agreements for investments to clearly define the rights and duties of all parties to the agreement. Agreements for investments should comply with national legal frameworks and investment codes

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
General description of the UN Guiding Principles on Business and Human Rights

The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.         

12.9

States should make provision for investments involving all forms of transactions of tenure rights, including acquisitions and partnership agreements, to be consistent with the principles of consultation and participation of these Guidelines, with those whose tenure rights, including subsidiary rights, might be affected. States and other relevant parties should inform individuals, families and communities of their tenure rights, and assist to develop their capacity in consultations and participation, including providing professional assistance as required

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
General description of the UN Guiding Principles on Business and Human Rights

The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.         

UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

12.10

When investments involving large-scale transactions of tenure rights, including acquisitions and partnership agreements, are being considered, States should strive to make provisions for different parties to conduct prior independent assessments on the potential positive and negative impacts that those investments could have on tenure rights, food security and the progressive realization of the right to adequate food, livelihoods and the environment. States should ensure that existing legitimate tenure rights and claims, including those of customary and informal tenure, are systematically and impartially identified, as well as the rights and livelihoods of other people also affected by the investment, such as small-scale producers. This process should be conducted through consultation with all affected parties consistent with the principles of consultation and participation of these Guidelines. States should ensure that existing legitimate tenure rights are not compromised by such investments.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

12.12

Investors have the responsibility to respect national law and legislation and recognize and respect tenure rights of others and the rule of law in line with the general principle for non-state actors as contained in these Guidelines. Investments should not contribute to food insecurity and environmental degradation

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
General description of the UN Guiding Principles on Business and Human Rights

The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.         

UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

12.13

Professionals who provide services to States, investors and holders of tenure rights to land, fisheries and forests should undertake due diligence to the best of their ability when providing their services, irrespective of whether it is specifically requested.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

12.14

States and affected parties should contribute to the effective monitoring of the implementation and impacts of agreements involving large-scale transactions in tenure rights, including acquisitions and partnership agreements. States should take corrective action where necessary to enforce agreements and protect tenure and other rights and provide mechanisms whereby aggrieved parties can request such action.

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
General description of the UN Guiding Principles on Business and Human Rights

The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.         

UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

12.15

When States invest or promote investments abroad, they should ensure that their conduct is consistent with the protection of legitimate tenure rights, the promotion of food security and their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
General description of the UN Guiding Principles on Business and Human Rights

The UN Guiding Principles on Business and Human Rights (UNGPs) is an instrument consisting of 31 principles and is the first global, voluntary standard for preventing and addressing the risk of adverse impacts on human rights linked to business activity. The UNGPs encompass three pillars outlining how States and businesses should implement the framework and includes the state duty to protect against human rights abuses by business by setting clear expectations that companies respect human rights, the corporate responsibility to respect human rights and provide access to remedy.         

UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

Transfers and other changes to tenure rights and duties

14. Restitution

14.1

Where appropriate, considering their national context, States should consider providing restitution for the loss of legitimate tenure rights to land, fisheries and forests. States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments.

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

Administration of tenure

21. Resolution of disputes over tenure rights

21.1

States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of resolving such disputes, and should provide effective remedies and a right to appeal. Such remedies should be promptly enforced. States should make available, to all, mechanisms to avoid or resolve potential disputes at the preliminary stage, either within the implementing agency or externally. Dispute resolution services should be accessible to all, women and men, in terms of location, language and procedures.

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

21.3

States should strengthen and develop alternative forms of dispute resolution, especially at the local level. Where customary or other established forms of dispute settlement exist, they should provide for fair, reliable, accessible and non-discriminatory ways of promptly resolving disputes over tenure rights

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

21.6

In providing dispute resolution mechanisms, States should strive to provide legal assistance to vulnerable and marginalized persons to ensure safe access for all to justice without discrimination. Judicial authorities and other bodies should ensure that their staff have the necessary skills and competencies to provide such services

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

Responses to climate change and emergencies

23. Climate change

23.2

Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change. Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also consider offering special assistance to small island and other developing states

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

Responses to climate change and emergencies

24. Natural disasters

24.3

States should address tenure in disaster prevention and preparedness programmes. Information on legitimate tenure rights should be collected for areas that could be affected through a process consistent with the principles of consultation and participation of these Guidelines. Systems for recording legitimate tenure rights should be resilient to natural disasters, including off-site storage of records, to allow right holders to prove their rights and relocate their parcels and other spatial units. States should strive to identify areas for the temporary resettlement of people who could be displaced by natural disasters, and rules should be established for providing tenure security in such areas

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

24.4

States and other parties should address tenure in the emergency response phase. Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the rights and livelihoods of others. Legitimate tenure rights of displaced persons should also be recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

Responses to climate change and emergencies

25. Conflicts in respect to tenure of land, fisheries and forests

25.4

When conflicts arise, States and other parties should strive to respect and protect existing legitimate tenure rights and guarantee that these are not extinguished by other parties. Consistent with existing obligations under relevant national and international law, States should not recognize tenure rights to land, fisheries and forests acquired, within their territories, through forceful and/or violent means. Refugees and displaced persons and others affected by conflict should be settled in safe conditions in ways that protect the tenure rights of host communities. Violations of tenure rights should be documented and, where appropriate, subsequently remedied. Official records of tenure rights should be protected against destruction and theft in order to provide evidence for subsequent processes to address such violations and facilitate possible corrective action, and in areas where such records do not exist, the existing tenure rights should be documented as best as possible in a gender-sensitive manner, including through oral histories and testimonies. Legitimate tenure rights of refugees and displaced persons should be recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons.

Corporate responsibility to respect human rights

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 2

The Corporate Responsibility to Respect Human Rights. The UNGPs outline the process through which businesses can identify their negative human rights impacts and demonstrate that their policies and procedures are adequate to address them. To meet the responsibility to respect businesses must a) institute a human rights policy commitment to meet the responsibility to respect human rights; b) undertake ongoing human rights due diligence to identify, prevent, mitigate and account for their human rights impacts and c) have processes in place to enable remediation for any adverse human rights impacts they cause or contribute to. Human rights due diligence (HRDD) refers to the process of identifying and addressing the human rights impacts of a business and includes a) assessments of impacts, including through engagement with groups potentially affected by its operations, b) integration of findings of human rights due diligence processes into policies and procedures, c) verification that this objective is achieved by monitoring and evaluating efforts, and d) communication how human rights impacts are addressed.

25.5

In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards. Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with customary tenure systems should provide for the use of traditional sources of information.

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.

25.6

Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land, fisheries and forests

Right to remedy

UN Guiding Principles on Business and Human Rights - UNGP
UN Guiding Principles on Business and Human Rights Pillar 3

Access to remedy for victims of business-related abuses. The third pillar of the UNGPs affirms that States must ensure access to an effective remedy for those whose rights are affected by businesses. This includes taking appropriate steps to ensure that State-based domestic judicial mechanisms are able to effectively address business-related human rights abuses, and do not erect barriers that prevent victims from presenting their cases. Businesses should also provide for, or participate in, effective mechanisms for fielding and addressing grievances from individuals and communities who may be adversely impacted by the business’ operations.