Community Impacts

HU.4.a. Impact assessment

Does the company have a procedure to assess and address the environmental and social impact of its operations on the human rights of local communities? (Principle 1 and 2)

ABOUT THIS QUESTION

This question is primarily relevant for companies whose business operations have a significant impact on the environment, land or natural resources of local communities

 

The company should seek to prevent, reduce and mitigate any negative effects its operations may have on human rights of local communities in its area of operation. This may include impacts on the environment, on land, infrastructure, natural resources or other factors that are important to the enjoyment of human rights for local people including their health and livelihoods.

 

The question relates to the right to an adequate standard of living, the right to housing, the right to food and the right to health. It is based on general principles contained in the following: Universal Declaration of Human Rights (1948), Article 25; International Covenant on Economic, Social and Cultural Rights (1966), Article 11 (1); ILO Social Policy (Basic Aims and Standards) Convention (C117, 1962), Articles 1, 2 and 4 (c); ILO Indigenous and Tribal Peoples Convention (C169, 1989), Articles 14 and 15.

ANSWER THIS QUESTION

First answer the following indicators (step 1) and then the main question (step 2).

Step 1. Answer the following indicators:

Before starting new operations or developments, the company conducts an impact study to assess the potential environmental and social impacts of the planned activities, including an assessment of their potential human rights consequences for local inhabitants or other affected communities.

The company has a method for identifying the individuals who are likely to be affected by such impacts and engages in consultation with those individuals, prior to, during and after carrying out the operations.

The company shares the findings of its social and environmental impact assessment studies with the affected individuals in a form and language accessible to them.

In consultation with the affected individuals, the company develops appropriate management plans to prevent, reduce and mitigate adverse social and environmental impacts.

The company continuously monitors its social and environmental impacts and provides affected individuals with regular access to updated information about the social and environmental impacts of company operations.

Local inhabitants have access to a mechanism where they can safely file complaints and concerns regarding social and environmental impacts of company operations and have their concerns addressed in an impartial and responsive manner.

Step 2. Answer the main question:

Does the company consult with local inhabitants and take measures to address and mitigate any disruptive effects that its operations may have on company land, the local community or the natural resources in the area?

 

HU.4.b. Land and property

Before buying, renting, acquiring or otherwise accessing land or property, does the company ensure that all affected owners and users of the land or property, have been adequately consulted and compensated? (Principle 1 and 2)

ABOUT THIS QUESTION

This question is relevant when the company buys, rents, acquires or otherwise accesses land or property.

 

In many countries the management of land and property presents a legal challenge. Registration of ownership may be lacking or informal systems of ownership may exist alongside formal systems. Individuals, including indigenous peoples, who use or reside on land may lack proof of ownership or usage rights. Especially in poor and rural areas, loss of land or property without adequate compensation may significantly harm the livelihoods of the affected individuals and their families. Vulnerable groups, such as women, indigenous peoples, or migrants are often deprived of their rights. Therefore, the company must investigate land ownership properly and consult with all affected groups before acquiring or accesses land or property.

 

The question relates to the right to own property, the right to adequate housing and the right to food. It is based on general principles contained in the following: Universal Declaration of Human Rights (1948), Articles 17 and 25; Convention on the Elimination on All Forms of Discrimination against Women (1979), Article 15 (2) and 16 (h); ILO Indigenous and Tribal Peoples Convention (C169, 1989, Article 14).

 

ANSWER THIS QUESTION

First answer the following indicators (step 1) and then the main question (step 2).

Step 1. Answer the following indicators:

Prior to buying, renting, acquiring or otherwise accessing land or property, whether directly or through a third party, the company identifies all existing owners and users or the land or property.

The company also investigates the past usage and ownership of the land or property to ensure that past users and owners have not been wrongfully removed, and that any expropriations by the authorities have been conducted in accordance with international law.

The company consults with affected users and owners of the land or property (including women, tenants, settlers, minorities and other vulnerable groups) and seeks their free and informed consent before continuing to acquire or access the land or property.

The company ensures that affected owners and users of the land or property are adequately compensated, at or above market replacement rates, for the land or property, including for damages to land, damages to assets, and loss of income.

Step 2. Answer the main question:

Before buying, renting, acquiring or otherwise accessing land or property, does the company ensure that all affected owners and users of the land or property, have been adequately consulted and compensated?

 

HU.4.c. Security arrangements

Does the company take steps to ensure that company security arrangements are in accordance with international human rights principles for law enforcement and the use of force? (Principle 1 and 2)

ABOUT THIS QUESTION

This question is only relevant for companies that have security arrangements involving private security guards or public security officials such as police or military personnel.

 

The company is allowed to use security guards to protect its employees and property where this is considered necessary. However, the company should ensure that its security guards, whether directly employed or contracted, behave in accordance with national law and international principles for law enforcement and the use of force. This includes preventing excessive use of force, abuse of power or other human rights abuses by security personnel towards other employees or local communities. If the company owns or uses installations that are guarded by public security personnel, including police or military, it should engage with the relevant authorities to ensure that such security functions are conducted in accordance with international human rights principles for law enforcement and the use of force.

 

The question relates to the right to life, liberty and security of person. It is based on general principles contained in the following: Universal Declaration of Human Rights (1948), Article 3; International Covenant on Civil and Political Rights (1966), Articles 6 (1) and 9 (1); UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990); UN Code of Conduct for Law Enforcement Officials; the Voluntary Principles on Security and Human Rights.

 

ANSWER THIS QUESTION

First answer the following indicators (step 1) and then the main question (step 2).

Step 1. Answer the following indicators:

The company conducts regular security risk assessments, and ensures that company security arrangements, including the deployment of private guards or public security personnel, are proportionate to the security risk.

Company security risk assessments include an assessment of the risk of human rights abuses by private and public security personnel in the country or area of operation.

The company selects private security firms based on information about professional ability, level of staff training, quality of equipment, past involvement in human rights abuses, links with political factions or organisations and other relevant criteria.

Contracts with private security firms include requirements related to international human rights standards for law enforcement and use of force; require the investigation and discipline of any unlawful or abusive conduct by security guards; and allow for termination of the contract in case of such conduct.

There is a manual defining the duties of security personnel, and all security personnel receive training on rules of conduct based on international human rights standards for law enforcement and the use of force.

Where public security personnel are assigned to company facilities, the company seeks to ensure transparency concerning its interactions with public security agencies, and the company communicates to the relevant public security agencies its desire that security functions be conducted in accordance with international human rights standards for law enforcement and the use of force.

The company has a procedure for recording security-related incidents, including a mechanism for handling complaints from staff or local communities related to the conduct of security personnel, and forwards credible allegations of human rights abuses to the relevant authorities.

The company has a procedure for monitoring and evaluating its security arrangements, including the proportionality of the security arrangement; impact on local communities; impact on existing local tensions or conflicts; security incidents recorded; and credible allegations of human rights abuses by company security personnel. Representatives from the local community are consulted as part of the monitoring.

Step 2. Answer the main question:

Does the company take steps to ensure that company security arrangements are in accordance with international human rights principles for law enforcement and the use of force?

 
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