14.1 In accordance with Section 5, an independent expert recognized as having expertise in human rights in the context of agriculture and engaged by the Company at its own expense shall prepare a Human Rights Due Diligence Report¹⁰ which shall:

(a) be informed by the United Nations Guiding Principles on Business and Human Rights, in particular Foundational Principle 11 and Operational Principles 17 to 21;

(b) identify actual or potential adverse impacts posed by the Project Operations or the business relationships of the Company and its Affiliates in respect of the human rights of Legitimate Tenure Rights Holders, Indigenous Peoples, the Local Community, Workers, [Contract Farmers] and any other person likely to be impacted by the Project;

(c) identify, in a manner that is Gender-Sensitive, individuals or groups with a heightened risk of vulnerability or marginalization in light of any adverse human rights impacts identified;

(d) Provide guidance as to how the Company should integrate the findings of the Human Rights Due Diligence Report into its relevant internal functions, processes, and policies to prevent, mitigate, and remediate any potential or actual human rights impacts identified;

(e) Provide guidance to the Company in developing an appropriate tracking mechanism for the effectiveness of the Company’s response to adverse human rights impacts, including the use of appropriate qualitative and quantitative indicators and the incorporation of external feedback; and

(f) Provide recommendations to the Company on appropriate external communication and formal reporting of its human rights impacts.

For more information: See generally the United Nations. (2011). Guiding principles on business and human rights: Implementing the United Nations “protect, respect and remedy” framework. https://www.ohchr.org/en/publications/reference-publications/guiding-principles-business-and-human-rights

• ¹⁰

  Projects proposed to operate in situations of high human rights risk, such as contexts affected by civil unrest, internal displacement, and conflict, will warrant a full human rights impact assessment (HRIA). For further resources on HRIAs see Oxfam International. (2023). Human rights impact assessment framework. https://policy-practice.oxfam.org/resources/human-rights-impact-assessment-framework-621501/ and the Danish Institute for Human Rights. (2020). Human rights impact assessment guidance and toolbox. https://www.humanrights.dk/tools/human-rights-impact-assessment-guidance-toolbox