operations, products and partners.2 Third, they must have processes in place to
enable remediation for any adverse human rights impacts they may have caused.
Where businesses identify that they have caused or contributed to adverse
impacts, they should cooperate in remediation through legitimate processes.
Access to Remedy. When a right is violated, victims must have access to
an effective remedy. It is the duty of the State to ensure that domestic judicial
mechanisms are able to address business-related human rights abuses effectively
and do not erect barriers (such as, administrative fees or lack of language
interpreters) that prevent victims from presenting their cases. A comprehensive
State-based remedy system should also provide non-judicial grievance
mechanisms to adjudicate business-related human rights complaints. Business
enterprises should also provide for, or participate in, effective mechanisms to
address grievances from individuals and communities who may be impacted
adversely by the company’s operations.
The UNGP BHR set out a list of effectiveness criteria for State- or businessbased non-judicial grievance mechanisms. These criteria stipulate that effective
grievance mechanisms should be legitimate, accessible, predictable, equitable,
transparent, and rights-compatible. Simply put, they must provide genuine
remedies for the victims of human rights violations by companies and must not
amount to communications or political exercises.
The UNGP BHR provide a framework to protect the rights of peasants,
indigenous peoples and other rural poor communities against the onslaught of
agricultural land investments occurring in much of Asia today. It is in this context
that ANGOC is advocating that land rights be considered as human rights.
Land, Agriculture, and Conflict
Over the past decade or so, there has been an unprecedented largescale acquisition of lands across the world, led by developed countries and
transnational corporations. In 2016, Land Matrix documented 1,004 transnational
land acquisitions covering 26.7 million hectares, of which 4.9 million hectares are
in Asia.
2
Human rights due diligence refers to the process of identifying and addressing the human rights impacts of a business enterprise
across its operations and products, and throughout its supplier and business partner networks. Human rights due diligence should
include assessments of internal procedures and systems, as well as external engagement with groups potentially affected by its
operations.
ANGOC and KPA
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