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

13. Environmental and Social Impact Assessment

 

13.1 In accordance with Section 5, the Company or an independent expert recognized as having expertise in agriculture and engaged by the Company at its own expense, shall prepare an Environmental and Social Impact Assessment (the ESIA) which shall:

(a) Comply with the requirements of the [Applicable Law]/ [the International Financial Corporation’s (IFC’s) Performance Standard 1]/[the International Organization on Standardization’s ISO 1400 standard for environmental management and the Social Impact Assessment Principles of the International Association for Impact Assessment];

(b) establish a baseline of environmental conditions, climate parameters, and social and labour conditions, including of gender inequalities pertinent to all Legitimate Tenure Rights Holders, Indigenous Peoples, and members of the Local Community;

(c) assess the Project-related environmental and social effects and impacts on all Legitimate Tenure Rights Holders, Indigenous Peoples, and the Local Community, including an assessment of impacts on the livelihoods of smallholder farmers as well as women and men of different ages, marital statuses, ethnicities, economic statuses, and other relevant identities; and

(d) provide guidance as to how negative environmental and social impacts can be avoided or mitigated and how positive impacts can be achieved or enhanced.


For more information: See generally IISD, 2014, Section 6.2 (Impact Assessments and Management Plans); Cotula, 2016, Section 4.2 (Environmental and Social Impact Assessment); ISLP & CCSI, 2016, Section 2.12.1 (Environmental Impact Assessments and Management Plans); Szoke-Burke et al., 2018, Section 9 (Impact Assessments and Compensation for Known or Expected Damages); UNIDROIT & IFAD, 2021, Chapter 3, Part IV (Impact Assessments); Aizawa & Mann, 2021, p. 33 (The Role of the ESIA in Due Diligence).

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