Indicator 5. Lands allocated by the community for livelihood, community
space, residence, and other needs as may be identified by the community, are not
curtailed by the investor/company. Investor operations should not be present on
portions of land vital for sustaining the everyday lives of community members.
These lands may include areas for subsistence and livelihood, cultural and
traditional practices, and settlements, among others. Reserved lands should
also be identified in consultation with the community members themselves.
Both company documents and community testimonies may be sources for this
indicator. (5 points)
Indicator 6. Full and truthful information on the investment, including
contracts and relevant documents are transparent, accessible, and are in a language
understood by the communities, including women and other most marginalized
groups. Access to information is a human right in itself. Contents of contracts and
investment documents must have been made known to the community. These
documents must also be accessible, should stakeholders request for them. Such
documents must be easily and correctly interpretable by communities affected
by their operations. They must have accurate counterparts written in the national
language or the community’s local parlance. (5 points)
Indicator 7. The investor/enterprise is compliant with national laws and
internationally-accepted standards for responsible investments. This indicator
requires that an investor operates within the confines of national laws (ex. is
legally registered, has necessary permits to operate, pays taxes on time, etc.).
Investment operations must be compliant with both national and international
human rights, labor, and environmental standards. Data needed for this indicator
may be gathered from company documents and government records. (3 points)
Indicator 8. The investor/company utilizes and manages natural resources
sustainably. Aside from accomplishing an Environmental Impact Assessment
(EIA) and a Social Impact Assessment (SIA), the company must continually
ensure that the investment’s negative effects on the environment are kept at
a minimum. Organic and chemical wastes should be disposed of properly and
kept away from ecologically important bodies of water, forests, and agricultural
lands. Extraction or exploitation of resources must not go beyond the permitted
limit. Companies must also include provisions on environmental protection,
sustainable resource use, and even ecological/environmental restoration in their
investment policies and management plans. (4 points)
92
Upholding Land Rights amidst the Land Rush
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