Find the most relevant guidance based on your area of intervention

Find the most relevant guidance based on your area of focus

Resources for Legal advisors

How to Deal with Projects that Involve Forced Evictions and Displacement

Tools and Guides
 

This guide summarizes international human rights standards applicable to involuntary displacement caused by public and private infrastructure and urbanization projects. It provides guidance for all involved parties: urban planners and architects, public authorities, the legal community, national or international financing entities, governments, civil society, and affected populations. It aims to provide guidance to assist in the execution of development projects that respect, protect and fulfil the human right to adequate housing of the communities that will be affected by them.

Improving transparency and accountability in the flow of benefits to mining communities

Tools and Guides
 

This report seeks to investigate and propose mechanisms that can be used to improve the flow of benefits to mining-affected communities. The report sets out what requirements should be met for a community trust (or similar legal vehicle) to offer protection of trust assets. It sets out recommendations on the manner in which the legal document should be crafted to protect communities, and proposes that the time is ripe for regulation and clarity. Although it is focused on South Africa, it will be relevant for countries facing similar challenges in the mining and other commercial sectors.

Indigenous Women’s Rights And The African Human Rights System: A Toolkit On Mechanisms

Subtitle
Trousse d'information sur les droits des femmes autochtones
Tools and Guides
 

The toolkit has been created in order to introduce indigenous women, and the organisations which represent them, to the African system of human and peoples' rights. It highlights the different routes available to ensuring that the rights of indigenous women are valued and taken into account by the African Commission.

 

The toolkit is comprised of 11 Information Notes:

1- The African Commission on Human and Peoples' Rights

2- The women's rights Protocol

International Agreements and How to Build a Legal Case for Women’s Land Rights

Tools and Guides
 

This guide aims to help practitioners to research and use international legal norms, regional conventions, treaties and protocols to engage State officials and institutions, including local and customary legal officials; to encourage domestic compliance with State obligations; and to challenge local laws and court decisions regarding women’s rights to land and property. The guide provides the underlying international norms and relevant treaty provisions addressing women’s land rights. It also includes a series of questions focusing on how to build a case challenging local laws or a court decision which violates international or regional commitments that the state has made with regard to women’s land and property rights.

Legal Guide on Agricultural Land Investment Contracts

Tools and Guides
 

Investment in agriculture is essential for sustainable development, in particular for achieving food security, adequate nutrition, decent employment, poverty reduction and environmental protection. In seeking to attract agricultural investment, many governments and local communities have entered into Agricultural Land Investment Contracts (ALIC). Mindful of the contractual challenges involved and considering the importance of enhancing knowledge of the legal regime applicable to agricultural land investment operations, the International Institute for the Unification of Private Law (UNIDROIT) in collaboration with the International Fund for Agricultural Development (IFAD) have prepared this UNIDROIT/IFAD Legal Guide on Agricultural Land Investment Contracts (ALIC Legal Guide).

Legal Guide on Contract Farming

Tools and Guides
 

This guide provides guidance for producers, governments, legal advisors and civil society on contract farming arrangements, from negotiation to conclusion, including performance and possible breach or termination of the contract. It gives a description of common contract terms and a discussion of legal issues and critical problems that may arise under various practical situations, illustrating how they may be treated under different legal systems.

Natural Resource Contracts: A Practical Guide

Tools and Guides
 

This guide aims to explain common topics that are addressed in natural resource contracts and to provide suggestions for improving contracts that are vague or unfavorable to host countries and to the protection of land rights. It covers a number of topics relevant to contracts:

● Environmental and social issues

● Fiscal provisions

● Transparency

● Dispute resolution

This resource is part of the CCSI’s Directory of Community Guidance on Agreements Relating to Agriculture or Forestry Investment.

Negotiating Contracts with Investors - Guide 2 For community members and advocates interacting with potential investors

Tools and Guides
 

This guide for legal advisors, community leaders and members builds on Guide 1 in this series. If a community decides to negotiate with a potential investor, this guide describes issues that can be included in a community–investor contract. It also explains what language should be avoided in the contract. It is designed to help communities negotiate a contract with an investor that is clear, fair, and equitable.

Preparing in Advance for Potential Investors - Guide 1 For community members and advocates interacting with potential investors

Tools and Guides
 

This guide for legal advisors, community leaders and members explains how communities can prepare for interactions with potential investors, including making decisions about whether or not to negotiate. It can be used to help a community: (a) prepare before an investor arrives and (b) decide whether or not to enter into discussions or negotiations with an investor that has arrived. It should be used before any negotiations start.

Respecting the human rights of communities: a business guide for commercial wind and solar project deployment

Tools and Guides
 

This guide provides companies involved in wind and solar projects with information and strategies to identify, prevent, mitigate, and account for adverse human rights impacts that they cause, contribute to, or are directly linked to through their operations, products, or services, by virtue of their business relationships. It may also be useful for investors, business partners, government actors, civil society organizations, communities, and other stakeholders. It comes with a Legal Risk Primer.