IISD Model Contract Clauses for Responsible Investment in Agriculture:

Customizable legal provisions to help implement international best practices, principles, and guidance on responsible agricultural investment

Annex B. Environmental and Social Management Plan Requirements

1. The Environmental and Social Management Plan, as required by Section 13 of this Agreement, shall comply with the requirements of the Applicable Law and shall contain, at a minimum, the following:

(a) an identification of the main areas of environmental concern;

(b) an identification of the main areas of human rights concern;

(c) plans for the management, control, and rehabilitation of all environmental aspects of the Project, including historic environmental matters, and human rights and social matters in a manner that equally benefits or equally minimizes harm to people of all genders and social groups, including Indigenous Peoples, including:

(i) a plan to ensure that the Company’s operational policies integrate and reflect the responsibility to respect human rights throughout the life cycle of the Project and that the policies have the objective of preventing, mitigating, and remediating any potential or actual negative human rights impact;

(ii) a plan to ensure that maximum allowable parameters of chemicals, pesticide residues, water withdrawal, soil erosion, deforestation, and other key environmental parameters are not exceeded;

(iii) a plan to avoid, minimize, mitigate, and rehabilitate, and, as a last resort, offset, negative impacts on biological diversity within the Project Area;

(iv) a plan to avoid, minimize, mitigate, and rehabilitate, and, as a last resort, offset, negative impacts on surface and groundwater quality and quantity to ensure the Project does not cause excessive harm or destruction to human or animal life or vegetation;

(v) identification of opportunities for the improved management and conservation of natural resources in the Project Area;

(vi) a plan to effectively manage soil resources, including through the use of agroecological farming practices, to ensure parameters of soil quality are maintained and/or enhanced over the term of the Agreement, including in relation to soil organic carbon, nitrogen, phosphorus, potassium, and salinity levels;

(vii) a plan to reduce greenhouse gas emissions from the Project, taking into account economically and commercially feasible technology and ability to access Global Environment Facility funding for climate-sensitive technologies;

(viii) a plan to reduce the vulnerability of the Project Operations to climate change impacts;

(ix) a plan for handling, storing, and disposing of chemicals, pesticides, fertilizers, and fuel, and for managing residues of biohazardous materials; and

(x) a plan for the use and protection of traditional knowledge and cultural heritage sites and systems of those groups, in particular as relates to conservation and the protection of biodiversity in or near to the Project Area.

(d) a description of the monitoring and assessment mechanism for the Environmental and Social Management Plan, and of how that mechanism will be inclusive of people from all genders and social groups, including Indigenous Peoples;

(e) a description of how the Company intends to implement it commitment to continual improvements in methods of production for climate change adaptation and mitigation in accordance with Section 39;

(f) an explanation of how the Company shall:

(i) recognize the rights of people of all genders and social groups, including Indigenous Peoples, who are Legitimate Tenure Rights Holders, including their rights to continue utilizing land within the Project Area for subsistence purposes such as grazing livestock, using water, cultivating crops, hunting game, collecting fruits and fuel wood, and other activities they deem necessary for livelihoods and subsistence, subject to reasonable restrictions imposed in accordance with Section 21; and

(ii) avoid displacement or involuntary resettlement of persons.

(g) a plan to prevent or minimize the potential adverse impact of the Project operations on Legitimate Tenure Rights Holders and the Local Community, and other persons potentially affected by the production, processing or transport of agricultural products whether using Company-owned infrastructure or infrastructure provided by the Grantor, [the Authority], or third parties;

(h) provisions to prevent or minimize unreasonable interference with the living conditions of Legitimate Tenure Rights Holders and the Local Community and to ensure that the Company’s Workers and contractors respect the customs of Legitimate Tenure Rights Holders and the Local Community, and to prevent or minimize harmful impacts on subsistence activities undertaken by women and men;

(i) a process to carry out or procure an independent assessment of the potential for human rights impacts from the presence and activities of the Project, and how the Company’s policies, procedures, and practices affect the human rights of Legitimate Tenure Rights Holders and the Local Community, as guided by the tenets of transparency, independence, and inclusivity, as defined by international standards.

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