A/HRC/41/39/Add.2 of the sector. Its approach should be tempered, however, by the failures of its “model” dam Nam Theun 2, which has been strongly criticized by Thayer Scudder, a member of the Nam Theun 2 panel of experts,67 the inadequate implementation of the 2015 World Bank Groupsupported Policy on Sustainable Hydropower Development and the Xe-Pian Xe-Namnoy dam collapse. In general, the Bank has been reluctant to reckon with past shortcomings and has accepted large disconnects between policy and practice. 84. More consideration must be given to the harms experienced by communities affected by land grabs and hydropower and other large infrastructure projects, as well as by industrial plantations. Poverty alleviation programmes should ensure respect for the rights of persons living in poverty and ensure that foreign investment takes place on terms that benefit the Lao people and not just the investors. 85. While the World Bank is an enthusiastic advocate for opening up space for the private sector, it offers few words on civil society space or public participation.68 C. Corporate sector 86. Companies choose to invest or operate in the Lao People’s Democratic Republic knowing full well the serious human rights concerns, the high levels of corruption and the lack of resources for regulatory monitoring and enforcement. One might hope to see proactive steps being taken, especially by multinational corporations with significant resources, to avoid causing or being complicit in adverse human rights impacts, in line with their responsibility to respect human rights (see A/HRC/17/31, annex). Companies, including foreign companies investing in Lao special economic zones or the hydropower and mining sectors, should have an ongoing human rights due diligence process to identify, prevent and mitigate their impact on human rights, as well as a process for providing remedies where appropriate. Unfortunately, many corporate actors operating in the country have an abysmal track record on everything from environmental and social impacts to compliance with domestic and international law.69 Companies should cooperate fully with judicial and non-judicial grievance mechanisms in the Lao People’s Democratic Republic and those based in their home State to address human rights abuses and other harms linked to their work. 87. Companies should make project documents available online in English and Lao, including environmental, social and human rights impact assessments, as well information about the process for seeking remedies and the status of compensation for land loss. Companies should publish a human rights-compatible corporate accountability policy. 88. Companies whose investments and activities will directly affect communities should proceed with great care in consulting and seeking informed consent for their activities. They should make use of existing tools, guidelines and best practices, proactively and continuously provide information in communities’ preferred language and format, make their representatives available to individuals and connect communities with independent advocates. Consultations with or consent from village leaders is no substitute for engagement with the community, including with individuals who are often marginalized or shut out of such processes, such as women and people with disabilities. 89. States have a crucial role to play in monitoring investors and their conduct in the Lao People’s Democratic Republic. States should strengthen the capacity of their institutions and legal frameworks to address the extraterritorial impacts of investments or 67 68 69 International Rivers, “Nam Theun 2 Dam”. Available from www.internationalrivers.org/campaigns/nam-theun-2-dam. World Bank, “World Bank East Asia and Pacific VP Highlights Human Capital, Green Growth in Visit to Lao PDR,” press release, 1 April 2019. Available from www.worldbank.org/en/news/pressrelease/2019/04/01/world-bank-east-asia-and-pacific-vp-highlights-human-capital-green-growth-invisit-to-lao-pdr. See, for example, Southeast Asian Press Alliance, “Poisoned fish worries village as Sangthong district promotes good agricultural practices”, 2019. Available from www.seapa.org/laos-poisoned-fishworries-village-as-sangthong-district-promotes-good-agricultural-practices/. 19