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Human Rights Impact Assessments
by Rights & Democracy
Canada - Quebec
 
The arrival of foreign investment in a community can be good news for the local population. Unfortunately, in many cases, the opposite can also be true: relations between communities and companies are sometimes difficult and popular consultation is often limited or nonexistent.
 
A growing number of stakeholders are concerned about the impact of foreign investment on local communities. They are concerned that human rights are not adequately taken into account. Various solutions, including human rights impact assessments have been proposed to remedy this problem.
 
Communities wanting to undertake their own human rights impact assessments require appropriate assessment tools. Rights & Democracy has therefore developed this guide to assist them and the civil society organizations they collaborate with. This assessment guide can also be used by other stakeholder groups, including business and government, who are interested in applying a community-based participatory approach to their work.
 
What is a human rights impact assessment?
 
A human rights impact assessment (HRIA) is a process to measure the gap between the human rights commitments of the state (human rights in principle) and the actual enjoyment of these rights by rights-holders (human rights in practice). By calling on the participation of all stakeholders involved in the investment project, the assessment seeks to identify the rights that are not respected, or indications that they might not be respected in the future, so that satisfactory solutions can be found.
 
What is the HRIA guide?
 
This guide is a step-by-step process that allows assessment teams to take stock of the positive and negative human rights impacts of an investment project. Throughout the steps outlined below, information and additional references are provided including reference documents on human rights, examples of research techniques, relevant websites, and details on where to find specific information.
 
To help create your case-specific assessment model, this guide offers a sampling of research questions with references to various indicators for each right (developed by other organizations).
 
Of course, every project is unique and each assessment pursues its own objectives. Consequently, each research team must adapt the questions and develop new ones to ensure that the final assessment report truly reflects the particular situation, the local context, the type of investment and the communities affected.
 
Who is the HRIA guide designed for?
 
This guide is designed primarily for communities and the civil society organizations they work with. The objective of the assessment guide is to assist these communities to document the human rights impacts of foreign investment projects as they are experienced by community members. This guide also encourages a more substantive engagement in the decision-making processes that affect the enjoyment of their rights.
 
It can be adapted and used by civil society organizations outside the community that accompany local groups in this process. The methodology is also suited to company-led processes that emphasize the participation of affected communities.
 
What is the human rights framework?
 
Working according to a human rights framework means observing and analyzing a situation based on the rights enshrined in the Universal Declaration of Human Rights and defined in several other treaties or instruments. A human rights framework is based on a certain number of principles:
 
Participation and access to information
 
Individuals have the right to be involved in the planning and implementation of decisions affecting their human rights and have the right to access the information they need for genuine participation.
 
Accountability and access to effective remedies
 
Duty bearers (governments) are accountable for implementation of their human rights commitments. Citizens must have access to effective remedies in the event their human rights are violated.
 
Non-discrimination and equality
 
All human beings are equal and no person should be subjected to discrimination. Special attention should be paid to any action that could lead to discrimination, especially against the most vulnerable groups.
 
Indivisibility of rights
 
All human rights, social, economic, cultural, civil and political, are indivisible, inter-related and interdependent.
 
What help does the HRIA guide provide?
 
A means to inform a large group of people about the situation and to formulate recommendations to the various stakeholders involved.
 
The assessment report will shed light on the enjoyment of certain rights in the community. By producing and distributing the report, a wide audience is reached and the community"s concerns are communicated to competent authorities and company representatives.
 
Tools to build community capacity.
 
This assessment guide is designed to assist community associations and other groups to increase their understanding about human rights and the rules governing foreign investment. The guide provides a large amount of explanatory and background information and it includes a "virtual library" that compiles hundreds of useful resource materials.
 
A basis for future interaction with the government or the company.
 
The assessment process, final report, and recommendations provide an opportunity to engage in dialogue with the various people, agencies and organizations involved in the investment project.
 
In many cases, interaction with these stakeholders during the investigation process will continue after the assessment has been completed.
 
The limitations of a human rights impact assessment
 
It is important to keep in mind that the project could raise expectations on the part of local populations. You must therefore be clear from the beginning about what this initiative can and cannot accomplish.
 
Conducting a human rights impact assessment does not necessarily mean that conditions will improve overnight. Ways to ensure that the report and its findings do not fall by the wayside include: distribute the report widely among the major stakeholders; engage in dialogue with company representatives; submit the report to various local, national or international authorities; organize training workshops with local communities.
 
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Securing the Commons
by International Land Coalition
 
Securing Property, Securing Livelihoods
 
With global poverty reduction at the forefront of global discussions, a better understanding of common property regimes and more action to secure access and tenure to common property are needed. An estimated 2 billion people live on the world’s commons, drawing their subsistence-based livelihoods from these lands.
 
The failure of states to recognize and legitimize access to the commons has led to the privatization of historically common lands, leading to the dispossession of large numbers of the rural poor, including indigenous peoples and women.
 
The commons play an important role in securing the livelihoods of the most vulnerable and poorest members of society. It is on the commons that resource users have the least tenure security and right of access. It is here that resource users often suffer the least tenure security.
 
It is also on the commons that many of the ‘bottom billion’ live, drawing on the commons for their livelihoods and subsistence. The failure of states to recognize and legitimize access to the commons has led to the privatization of historically common lands, leading to the dispossession of large numbers of the rural poor, including indigenous peoples and women.
 
Common property regimes allocate rights of ownership, management, use, exclusion, or access of a shared resource to a collective user group.
 
The common-pool resources within the commons may be used and controlled by individuals or by groups; multiple rights to the same resource may exist, creating complex systems that regulate seasonal use and other use patterns. For example, a commonly-held forest area can be used for timber, fodder, fruit, firewood and other forest products.
 
The dynamic and complex nature of the multiple use character of common property regimes makes it difficult for governments to develop policies and regulations protecting common lands. In most cases, rights to resources and tenure on common property are not secure.
 
Furthermore, the commons and people’s abilities to access resources therein are facing a number of threats. These threats can be categorized into a few thematic areas such as market-related development, population pressures, legal inadequacies, ambiguous government policies, and conflict.
 
Strengthening the security of access to the commons is critical for the long-term survival of the millions of people who rely on common property for their livelihoods. Securing access has taken different forms including legislative and policy reform, decentralization of state authorities, support of local institutions, and collective action initiatives.
 
The International Land Coalition (ILC) works to Promote Tenure Security and Access
 
ILC aims to strengthen the capacity of local institutions, civil society organizations, and non-governmental organizations to promote tenure security for those whose livelihoods are based on the use of common property.
 
Supporting collective action and community organization can increase the ability of community groups to successfully negotiate secure access and tenure to the commons. Additionally, ILC seeks to increase the visibility and capacity of local, rural institutions who advocate on behalf of securing the commons.
 
ILC’s role is to identify the lessons and interventions that can elevate the status of common property systems. ILC will gather and analyze reports to assist member organizations in promoting tenure security.


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