A/HRC/21/48
of financial payments is needed, as it can create undue influence and enable adverse
impacts. To this end, mechanisms that strengthen the capacity of indigenous and
tribal peoples and further their own development priorities should be favoured;
(i)
Promote transparency at country and company level, including the
disclosure of production-sharing agreements, host country agreements, power
purchase agreements, economic and financial assessments, environmental and social
assessments, monitoring and evaluation results, and information on accident
prevention and emergency response. Annual, public monitoring reports should be
provided;
(j)
Ensure that the “polluter pays principle,” that is, the
internationalization of costs by industry and liability regimes for illegal dumping, is
implemented in practice;
(k)
Provide greater incentives on green corporate social responsibility
initiatives and public-private partnerships;
(l)
Make concerted efforts towards activities under SAICM in order to
build the capacity of developing countries for chemicals management – including the
capacity to evaluate, monitor and regulate extractive industries – and implementation
of international obligations;
(m) Rigorously evaluate all tailing disposals and ensure ongoing monitoring
of waste and tailings dumps;
(n)
Promote sustainable practices and sources of energy with a view to
reducing reliance on extractive industries.
70.
In accordance with their duty to respect human rights, companies and other
private actors should:
(a)
Develop and adopt techniques to reduce the hazardous waste generated
by the extractive industry;
(b)
Routinely monitor for associated toxic substances at the mine site as well
as in nearby sources of drinking water or aquatic habitat, when hazardous substances
that can contaminate water are used, such as cyanide and hydro-fracking solutions;
(c)
Recognize the right of access to information and avoid using the
privilege of confidential business information to shield health and safety information
on the hazardous substances used and produced by extractive industries, to which
humans and wildlife may be exposed, such as chemicals dispersants and hydrofracking solutions;
(d)
Exercise due diligence so as to avoid becoming complicit in human rights
violations committed by host governments;
(e)
Adhere to the “polluter pays principle,” by providing insurance and
compensation for project-caused sickness, accidents, and toxic legacy issues.
Regulations should include adequate, verifiable and participatory precautionary
measures to account for transboundary issues, such as river pollution, that may affect
communities outside national borders;
(f)
Support the United Nations-backed Principles for Responsible
Investment Initiative (PRI) devised by the investment community in recognition of the
fact that environmental, social and corporate governance issues can affect the
performance of investment portfolios;
20
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