A/HRC/25/54 Business enterprises should promptly investigate any allegations of potential or actual adverse impacts on tenure security.87 68. If potential adverse impacts are identified, business enterprises should take all relevant measures to prevent them. They should ensure full disclosure of information, in accessible formats, about potential impacts on security of tenure; and transparent, free and fair negotiations regarding any interference with or transfers of tenure rights, whether or not legally recognized, with full respect for the right of people or communities to accept or reject offers. Other measures include making adjustments to project design, locations, and planned business relationships. Businesses should communicate through an appropriate channel with potentially affected groups in order to explain the risks and consult on prevention strategies. If a business enterprise finds that it is not possible to prevent adverse impacts, it should abandon or terminate the proposed or active operation, investment or business relationship. For example, a proposed business venture that would foreseeably result in forced eviction should be either adapted to avoid human rights violations or abandoned altogether. 69. If a business enterprise causes or contributes to adverse impacts on security of tenure, including through its business relationships, it should immediately take all relevant steps to address it. If an impact is current or ongoing, the business enterprise should immediately cease the activity causing it. If an adverse impact, such as a forced eviction, has already occurred, the business enterprise should provide remediation through legitimate processes and in consultation with the affected individuals or groups to ensure that the remedy is comprehensive and legitimate in their view. When people have been forcibly evicted or displaced, remedy should include return of the land, housing and resources to the victims and compensation for any losses, including of livelihood. When return of the land and housing is impossible, for example, when it has been destroyed, or when the business enterprise is not in a position to ensure its return, all possible steps should be taken to ensure other forms of reparations, such as secure alternative land and housing of the same or better quality and location.88 70. Business enterprises should publicly commit to taking all relevant steps to prevent and remedy adverse impacts on security of tenure. For example, in 2013, the Coca-Cola Company responded to a global campaign, “Sugar Rush”, launched by Oxfam urging food and beverage companies to respect land rights by committing to a “plan of action to prevent and address land grabs and other land controversies in [its] supply chain”.89 The company committed to conducting human rights impact assessments; public disclosure of suppliers; adherence to the principle of free, prior and informed consent for all communities; resolution of land disputes through appropriate grievance mechanisms; and working with suppliers on corrective action and terminating the relationship if such action is not taken. 71. Real-estate investments of a predominantly speculative nature can have the effect of undermining security of tenure of the urban poor by contributing to the unaffordability of land and housing. The result may be regression in the enjoyment of the right to adequate housing and increased homelessness. Business enterprises should refrain from entering into such property investments to avoid these adverse human rights impacts. 72. Banks and other credit institutions should act with due diligence in relation to the impact on security of tenure of their private lending and asset-based securitization operations. Banks should pay special attention to individuals or groups at heightened risk of 87 88 89 Ibid., paras. 12, 17 (b), 18, 21. Basic Principles, paras. 59–68. http://assets.coca-colacompany.com/6b/65/7f0d386040fcb4872fa136f05c5c/proposal-to-oxfam-onland-tenure-and-sugar.pdf. 21