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Indicator 3.13.1
by Contact on 8 October 2026
Requirement
The UoC shall not restrict or negatively affect the legal or customary rights of Indigenous and tribal peoples and local communities to sites that are of special cultural, ecological, economic, religious or spiritual significance.
How Do I Interpret This Requirement?
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The aim of this criterion is that the UoC:
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commits to responsible and ethical land and resource management
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respects the rights and wellbeing of Indigenous and tribal peoples, and local communities.
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Communities may have lived in the area for centuries, and the natural resources may:
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hold cultural or religious significance
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provide them with food security
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provide them with economic benefits.
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These areas can include:
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land
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lakes
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rivers
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streams
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mangroves
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marine areas.
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Communities’ use of these areas and natural resources can be assessed in consultation with communities.
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It is the responsibility of the UoC to:
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assess which communities could potentially be affected by its operations;
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understand and document which resources are vital to the communities;
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seek and obtain community approval before undertaking changes that have the risk of restricting access to resources;
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involve local communities in a consultative process to discuss the proposed changes;
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document any community approvals;
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engage with communities in a continuous process with annual reviews;
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set up a permanently accessible mechanism for communities to raise any issues.
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The UoC can take several steps to engage in these responsibilities:
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Step 1: The UoC engages in regular consultation and collaboration:
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identifies the communities, and Indigenous and tribal peoples who may be significantly impacted by the site’s activities
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initiates a genuine and ongoing engagement and dialogue process with these stakeholders, which includes establishing and maintaining open lines of communication to understand their needs, concerns, and aspirations
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commits to continually improving practices by being open to feedback and adapting to changing circumstances (see also Indicator 3.13.5).
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Step 2: The UoC conducts social impact assessments:
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assesses which communities may be affected by their operations:
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the physical proximity of a community is less important than the extent of the impact experienced by them
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engages these communities to conduct thorough impact assessments to understand the potential cultural, and socio-economic consequences of site operations on significant sites (also 3.13.2)
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If an adequate and up-to-date social impact assessment has already been carried out for another purpose, there is no need to carry out another one. In some cases, the assessment will need to be complemented. The UoC will also need to show it has followed up on its findings.
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Step 3: The UoC develops a mitigation plan:
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that is based on the social impact assessments, to eliminate adverse effects on significant sites, in consultation with affected communities
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implements this plan
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monitors this plan.
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Step 4: The UoC educates and trains employees about:
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the cultural, historical, and ecological significance of the land and water resources in the area to foster a deeper understanding and respect for these resources
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the mitigation plan
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ensures that there are employees with the required competencies to conduct community engagement.
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Step 5: The UoC integrates community engagement into management systems (see also Criterion 1.2):
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integrates the mitigation plan in company policies
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ensures there is a member of senior management who is responsible for implementation of these company policies and the mitigation plan
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Step 6: The UoC establishes conflict resolution mechanisms, which are:
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clear and fair
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for resolving disputes or conflicts that may arise between the UoC and Indigenous or local communities
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agreed upon in advance and involve impartial third parties if necessary (see also Indicators 3.12.4 – 3.12.9).
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Step 7: The UoC ensures transparency, reporting and communication, internally, to the communities and to other interested stakeholders. This can include:
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maintaining transparency in operations
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reporting on community engagement efforts accessible to communities.
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communicating clearly and well in advance about any activities that have the potential to affect communities.
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Evidence of Implementation
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reports from environmental and social impact assessments
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impact mitigation plan
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reports or meeting minutes from community meetings and other engagement
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documentation from grievance procedures
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brochures, posters and other materials used for communication with communities.
Auditors Should Confirm
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which communities may be impacted by the operations of the UoC and if they are Indigenous communities or not;
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whether the methodology for stakeholder mapping was robust enough to identify the key rightsholders and stakeholders.
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if the stakeholders identified include diverse groups representing different segments of the community.
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where possible with communities, that the assessments were conducted in good faith and include all significant sites that the UoC may have an impact on, or where this is not possible seek input from local NGOs or other organisations.
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the mitigation plan is being implemented;
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communities understand how to access the UoC’s community grievance mechanism;
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documentation from grievance processes, the nature of the grievances and how they have been resolved;
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how communities engage with the UoC;
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whether there are any conflicts about the use of resources by the UoC or if the UoC has restricted access to sites of religious or spiritual significance for Indigenous people;
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whether there are any other negative impacts they experience from the UoC.
Useful Resources
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IFC stakeholder engagement handbook: <https://www.ifc.org/en/insights-reports/2000/publications-handbook-stakeholderengagement–wci–1319577185063>
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Guide to social impact assessment: <https://www.eianz.org/document/item/5876>
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World Resources Institute “Breaking Ground: Engaging communities in extractive and infrastructure projects”: <https://www.wri.org/research/breaking-ground>
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Guidance for Free Prior and Informed Consent (but also useful for community engagement more generally):
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Accountability framework guidance on FPIC: <https://accountability-framework.org/fileadmin/uploads/afi/Documents/Operational_Guidance/OG_FPIC-2020-5.pdf>
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FPIC-360°: <https://fpic360.org/>
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World Resources Institute “Development without conflict: The business case for community consent”: <https://www.wri.org/research/development-without-conflict>
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Oxfam “Guide to Free Prior and Informed Consent”: <https://www.culturalsurvival.org/sites/default/files/guidetofreepriorinformedconsent_0.pdf>
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