rights violations which they have caused or contributed to, even if these impacts
were the result of actions by their suppliers or business partners (Ibid).
Finally, in case of human rights violations, those affected should be
provided with a robust and appropriate remedy. The UNGP BHR maintain that
the both States and businesses should contribute to providing remedy through
judicial and non-judicial means (Ibid).8
An integrated framework for responsible land and agricultural
investments
While the UNGP BHR prescribe a set of general standards for governments
and businesses involved in a vast array of enterprises, the rai principles propose
ideal characteristics specific to investments in agriculture. The rai and the UNGP
BHR complement one another, in such that they have similar goals and underlying
principles. Both sets of standards may be interfaced with one another to produce
an integrated framework for assessing investments in land and agriculture
in relation to land rights and human rights. The rai principles may be seen in
connection with the three pillars identified in the UNGP BHR although the rai
principles focus specifically on companies’ role in ensuring that investments do
not undermine human rights. While it is the State that has the primary duty to
protect human rights under the UNGP BHR, investors must also comply with State
policies enacted for the protection of rights. These interrelations are illustrated
in Figure 3 below.
Principles 2 and 4 of the rai are
related to the protect pillar of the
UNGP BHR. Principles 1, 5, and 6, may
be subsumed under the respect pillar
of UNGP BHR. Principle 3 on fair dispute
resolution may fall under the remedy
pillar of the UNGP BHR. Lastly, the rai’s
7th principle calls for complementary
policies and programs which may apply
Figure 3. Integrated framework for
responsible land and agricultural
to all the previous principles in the three
investments (Ravanera, 2018)
pillars of the UNGP BHR.
8
For further reading on the UNGP BHR, refer to this link: http://www.ohchr.org/Documents/Publications/
GuidingPrinciplesBusinessHR_EN.pdf
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