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3. Project operating standards: The laws, regulations and standards governing
the execution of the project should facilitate the prevention, mitigation and
remediation of any negative human rights impacts throughout the life cycle of
the project.
4. Stabilization clauses: Contractual stabilization clauses, if used, should be
carefully drafted so that any protections for investors against future changes
in law do not interfere with the State’s bona fide efforts to implement laws,
regulations or policies in a non-discriminatory manner in order to meet its human
rights obligations.
5. “Additional goods or service provision”: Where the contract envisages that
investors will provide additional services beyond the scope of the project, this
should be carried out in a manner compatible with the State’s human rights
obligations and the investor’s human rights responsibilities.
6. Physical security for the project: Physical security for the project’s facilities,
installations or personnel should be provided in a manner consistent with human
rights principles and standards.
7. Community engagement: The project should have an effective community
engagement plan through its life cycle, starting at the earliest stages.
8. Project monitoring and compliance: The State should be able to monitor the
project’s compliance with relevant standards to protect human rights while
providing necessary assurances for business investors against arbitrary
interference in the project.
9. Grievance mechanisms for non-contractual harms to third parties: Individuals
and communities that are impacted by project activities, but not party to the
contract, should have access to an effective non-judicial grievance mechanism.
10. Transparency/Disclosure of contract terms: The contract’s terms should be
disclosed, and the scope and duration of exceptions to such disclosure should
be based on compelling justifications.
Source: A/HRC/17/31/Add.3.
Q 37. How should human rights impact be assessed?
Standard approaches to risk assessment may suggest that the probability of
an adverse human rights impact is as important as its severity. However, if a
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