Companies need to be aware of their actual or potential impacts, prevent and mitigate abuses, and address adverse impacts where they are involved. The UN Framework also makes the important clarification that the responsibility of businesses exists independently of the duty of State to protect human rights. Finally, the UN Framework recognizes the fundamental right of individuals and communities to access effective remedy when their rights have been adversely impacted by business activities. States must ensure that the people affected have effective access to remedy with the court system or other legitimate non-judicial process. For their part, business companies should establish or participate in grievance mechanisms for these adversely affected individuals or communities. In 2011, the UN Human Rights Council unanimously endorsed the UN Guiding Principles on Business and Human Rights, a set of guidelines to operationalize the UN Framework. Following the endorsement, the UN Working Group on Business and Human Rights, consisting of five independent experts, was assigned to guide the implementation of the UNGP BHR. The UNGP BHR contain three pillars: protect, respect, and remedy. Each defines concrete, actionable steps for governments and companies to meet their respective responsibilities to prevent human rights abuses in company operations and provide remedies for such abuses. The State Duty to Protect. States must prevent, investigate, punish and redress human rights abuses that take place in domestic business operations. States should set clear expectations that companies respect human rights in every country and context in which they operate. State actions shall include: (1) enacting and enforcing laws to require businesses to respect human rights; (2) creating a regulatory environment that facilitates business to respect human rights; and, (3) providing guidance to companies on their responsibilities. States should ensure that policies are coherent across its departments. The Corporate Responsibility to Respect. The UNGP BHR affirm that business enterprises – regardless of size, sector, or location – must prevent, mitigate and, where appropriate, remedy human rights abuses that they are involved with, including those abuses that may have been carried out by their suppliers or partners. This requires that business enterprises have the necessary policies and processes in place to meet this responsibility. First, companies must institute a policy commitment to meet the responsibility to respect human rights. Second, they must implement human rights due diligence across their 14 Upholding Land Rights amidst the Land Rush

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