E/C.12/GC/26
the respective World Bank safeguards were updated. Moreover, States parties that are
members of international financial institutions, notably the World Bank, the International
Fund for Agricultural Development and regional development banks, should take steps to
ensure that their lending policies and other practices do not impair the enjoyment of the rights
enshrined in the Covenant relating to land.
2.
Extraterritorial obligation to protect
The extraterritorial obligation to protect requires States parties to establish the
necessary regulatory mechanisms to ensure that business entities, including transnational
corporations, and other non-State actors that they are in a position to regulate do not impair
the enjoyment of rights under the Covenant in land-related contexts in other countries. Thus,
States parties shall take the necessary steps to prevent human rights violations abroad in landrelated contexts by non-State actors over which they can exercise influence, without
infringing on the sovereignty or diminishing the obligations of the host States.55
42.
In the context of land acquisitions and other business activities that have an impact on
the enjoyment of access to productive resources, including land, States parties shall ensure
that investors domiciled in other countries and investing in farmland overseas do not deprive
individuals or communities of access to the land or land-associated resources on which they
depend for their livelihoods. That may imply imposing a due diligence obligation on investors
to ensure that they do not acquire or lease land in a way that violates international norms and
guidelines.56
43.
States parties that promote or carry out land-related investments abroad, including
through partially or fully State-owned or State-controlled companies, including sovereign
wealth funds, public pension funds and private-public partnerships,57 should ensure that they
do not reduce the ability of other States to comply with their obligations arising from the
Covenant. States parties shall conduct human rights impact assessments prior to making such
investments and shall regularly assess and revise them. Such assessments shall be conducted
with substantive public participation and the results shall be made public and shall inform
measures to prevent, cease and remedy any human rights violations or abuses. 58
44.
States parties shall ensure that the elaboration, conclusion, interpretation and
implementation of international agreements, including but not limited to the areas of trade,
investment, finance, development cooperation and climate change, are consistent with their
obligations under the Covenant and do not have an adverse effect on access to productive
resources in other countries.59
45.
3.
Extraterritorial obligation to fulfil
46.
States should take steps through international assistance and cooperation under article
2 (1) of the Covenant with a view to progressively achieving the full realization of rights
under the Covenant relating to land, which would also benefit peoples and communities
outside their territories. Support should include technical cooperation, financial assistance
and institutional capacity-building for, inter alia, land administration, knowledge-sharing and
assistance in developing national tenure policies, as well as the transfer of relevant
technology.
55
56
57
58
59
GE.23-00043
E/C.12/2011/1, paras. 5–6.
Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017), para. 33.
Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the
Context of National Food Security, para. 12.15.
See E/C.12/NOR/CO/5; A/HRC/13/33/Add.2; Human Rights Committee, general comment No. 34
(2011), paras. 18–19; and European Court of Human Rights, Társáság a Szabadságjogokért v.
Hungary, Application No. 37374/05, Judgment, 14 April 2009, paras. 26 and 35.
Committee on Economic, Social and Cultural Rights, general comments No. 3 (1990), para. 2; No. 15
(2002), para. 35; No. 22 (2016), para. 31; and No. 24 (2017), paras. 12–13; E/C.12/CAN/CO/6;
Committee on the Elimination of Discrimination against Women, general recommendation No. 34
(2016); European Court of Human Rights, Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi
v. Ireland, Application No. 45036/98, Judgment, 30 June 2005, para. 154; and Inter-American Court
of Human Rights, Sawhoyamaxa Indigenous Community v. Paraguay, para. 140.
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