Dzhankeldy Wind Power Project
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Human Rights 5.16.1 National Context and Regulations As a member of the United Nations, Uzbekistan supports and implements all the main international instruments of the United Nations relating to the protection of human rights and freedoms, including UN Universal Declaration of Human Rights, Human Rights Council Resolution No. 30/15 on human rights and preventing and countering violent extremism, Convention on the Elimination of all Forms of Discrimination against Women among others. Uzbekistan's State Policy on human rights is aimed at preventing violations or any restriction on human rights and freedoms and at establishing the necessary organizational, legal, social, economic, spiritual and moral foundations for the protection of human rights. In 1995-1996, two independent and effective institutions for the protection of human rights were established in Uzbekistan: The Human Rights Commissioner (Ombudsman) of the Oliy Majlis of the Republic of Uzbekistan and the National Centre for Human Rights. In subsequent years, special structures for the protection of human rights were established in various ministries and departments of the Republic of Uzbekistan. C ONSTITUTION OF THE R EPUBLIC OF U ZBEKISTAN (1992) The constitution asserts that “democracy in the Republic of Uzbekistan shall be based upon common human principles, according to which the highest values shall be the human being, his life, freedom, honour, dignity and other inalienable rights.” T HE P ROTECTION OF W OMEN AGAINST H ARASSMENT AND V IOLENCE A CT (2019). The Act defines the various forms of violence - sexual, physical, economic, psychological against women. Protection from harassment and violence is defined as a system of urgent measures of economic, social, legal, organizational, psychological and other nature in order to eliminate the danger to women's life and health, to ensure their safety and to prevent repeated illegal actions against them. Other relevant legislations include: The National Human Rights Strategy was approved by Presidential Decree on 22 June 2020. No. PD-6012; Law on guaranteeing equal rights and opportunities for women and men (2019); The Law on Mediation (2018); Law on Public Control (2018); and Law on Administrative Procedures (2018). Dzhankeldy 500MW Wind Farm ESIA Volume 2- Main Text, Tables & Figures 163 5.16.2 Lender Requirements EBRD According to EBRD’s Environmental and Social Policy, EBRD is committed to the respect of human rights in the Project they finance. EBRD is also guided by the International Bill of Human Rights and the eight core conventions of the International Labour Organization. PR 1 states “…it may be appropriate for the client to complement its environmental and social assessment with further studies focusing on specific risks and impacts such as human rights.” EBRD also requires the application of PR 5 on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement to be consistent with the universal respect for, and observance of human rights and freedoms specifically the right to private property, adequate housing and to the continuous improvement of living conditions. EPFI In line with EP IV requirements, the United Nations Human Rights Guiding Principles apply to the Project. HRGP II on “The corporate responsibility to respect human rights” recognises that it is the responsibility of businesses and corporations to respect human rights. It is a global standard of expected conduct for all business enterprises wherever they operate. It exists independently of a States’ ability and/or willingness to fulfil their human rights obligations and does not diminish those obligations. The Foundational principles to take into consideration are: Principle 11: Business enterprises should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved. Principle 12: The responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamen tal rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work Principle-13: The responsibility to respect human rights requires that business enterprises avoid causing or contributing to adverse human rights impacts through their activities, and address such impacts when they occur; Principle-14: The responsibility of business enterprises to respect human rights applies to all enterprises regardless of their size, sector, operational context, ownership and structure. Nevertheless, the scale and complexity of the means through which enterprises meet that responsibility may vary according to these factors and with the severity of the enterprise’s adverse human rights impacts Principle-15: Business enterprises should have policies and processes appropriate to their size and circumstances in place, including: The following Operational principles should also be taken into consideration. Principle-16: Policy commitment Dzhankeldy 500MW Wind Farm ESIA Volume 2- Main Text, Tables & Figures 164 Principle-17 to 21: Human rights due diligence Principle 22: Remediation Download 6.64 Mb. Do'stlaringiz bilan baham: |
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