NATIONAL INTERPRETATION (NI) OF THE
RSPO PRINCIPLES AND CRITERIA 2018
FOR COLOMBIAFor the Production of Sustainable Palm Oil

Developed by the Colombia National
Interpretation Working Group.

PREAMBLE

Sustainable palm oil production comprises legal, economically viable,
environmentally appropriate and socially beneficial management andoperations. This is delivered through the application of the following setof Principles and Criteria (P&C), and the accompanying Indicators andGuidance.
The first set of Principles and Criteria, Indicators and Guidance (RSPO P&C
2007) have been applied since November 2007. These had been subject
to trial implementation from November 2005 to November 2007 and, ina number of countries, to a subsequent process of National
Interpretation (NI). After five years of application by RSPO members,
RSPO P&C 2007 were reviewed in 2012–2013, leading to the RSPO P&C
2013. After a further five years of application, these were reviewed andrevised in 2017– 2018 by the RSPO Principles and Criteria Review Task
Force
The objective of each review and revision is to improve the relevance andeffectiveness of the P&C for RSPO members, and in achieving the sharedvision and mission of making sustainable palm oil the norm. Morespecifically, the most recent revision sought to align the P&C with the
RSPO Theory of Change (ToC) and to increase accessibility by making
them more relevant and practical.
The review process went beyond ISEAL best practices, including two
public consultation periods of 60 days each and 17 physical consultation
workshops in 10 countries around the world, as well as 6 physical Task
Force meetings. This process resulted in the production of the revised
and restructured RSPO Principles and Criteria for Sustainable Palm Oil
Production (RSPO P&C 2018).
Principles and Criteria for the Production of Sustainable Palm Oil

In line with ISEAL best practices, this document (RSPO P&C 2018) will becompletely reviewed again after five years, following adoption by theGeneral Assembly (GA) of the RSPO.
The RSPO and its members recognise, support and commit to following
the United Nations Universal Declaration of Human Rights[http://www.un.org/en/documents/udhr] and the International Labour
Organization (ILO)’s Declaration on Fundamental Principles and Rights at
Work [https://www.ilo.org/declaration/lang--en/index.htm].
This document (RSPO P&C 2018) defines Indicators for each Criterion andfurther Guidance where useful. Indicators are specific pieces of objective
evidence that shall (must) be in place to demonstrate or verify that theCriterion is being met, i.e. they constitute the normative part of thestandard together with the Principles, Criteria and definitions. Guidanceconsists of useful information to help the unit of certification and auditor
understand what the Criterion and/or Indicators mean in practice, toindicate good practice, and practices that should be followed. Guidance
constitutes the informative part of the standard
A separate standard is currently being developed for Independent
Smallholders.
This document (RSPO P&C 2018) is effective after adoption by the RSPO
15th General Assembly (GA15) on 15 November 2018. As stated in sectionnine of the RSPO Standard Operating Procedures (SOP) for Standard
Setting, National Interpretations (NIs) must be revised to be fully
consistent with the RSPO P&C 2018 within 12 months of the date ofadoption (i.e. by 15 November 2019). Certificate holders must be fully
Preamble1

compliant with the new version of an NI within one year of it being
endorsed by the Board of Governors (BoG).
In countries where NIs are not updated by 15 November 2019, P&C 2018
will be effective until the NI has been updated.
In countries without NIs and/or in cases where members have conducteda Local Interpretation applicable to their own operations, P&C 2018 iseffective immediately after adoption (15 November 2018) and shall be
used for any new certification activities after the adoption date.
Existing certified entities can continue to be certified after the date ofadoption and before the completion of any relevant NI, by conducting amaximum of one further Annual Surveillance Assessment (ASA) against
P&C 2013 (or their current NI), but shall demonstrate compliance to the
new RSPO P&C 2018 at the following ASA.
Criterion 7.12 requires that new land clearing after 15 November 2018
(i.e. adoption of the P&C at GA15) must be preceded by an HCV-HCS
assessment. The Task Force recognises that there is an array of scenarios,
in which HCV assessments have previously been undertaken and havebeen approved or are in the process of approval. Annex 5 shows how the
new requirements apply in different scenarios of existing and newcertifications, with and without new land clearing.

2

Preamble

Necessary revisions shall be made to other RSPO normative documents
and guidance to ensure consistency with the wording of RSPO P&C 2018
and, in that context, please note the disclaimer and procedural note for
the Supply Chain requirements for mills at the end of Principle 3.
Annex 1 provides definitions of the technical terms used in this standard.
Annex 2 contains the additional generic guidance. Key international laws
and conventions applicable to the production of palm oil are set out inAnnex 3. Annex 4 provides the necessary details for the implementation
procedure for Indicator 2.3.2.
This document identifies critical (C) Indicators proposed by the RSPO
Principles and Criteria Review Task Force and endorsed by the RSPO BoG
on 12 October 2018.
The English version of this document shall always prevail in case of any
discrepancy or inconsistency between the English version and othertranslated versions.

IMPORTANT NOTE: When you see thesymbol in the Criteria,
please refer to additional guidance in Annex 2.

Principles and Criteria for the Production of Sustainable Palm OilTABLE OF CONTENTS
Preamble
1. Scope

6

2. RSPO Vision and Theory of Change

8

3. Outcome Focus

11

4. Structure of the RSPO P&C

12Impact Goal – Prosperity: Competitive, resilient and sustainable sector

16

Principle 1: Behave ethically and transparently

17

Principle 2: Operate legally and respect rights

18

Principle 3: Optimise productivity, efficiency, positive impacts andresilience20

Supply chain requirements for mills

23

Impact Goal – People: Sustainable livelihoods and poverty reduction

33

Principle 4: Respect community and human rights and deliver benefits

34

Principle 5: Support smallholder inclusion42

Principle 6: Respect worker’s rights and conditions

45

Principles and Criteria for the Production of Sustainable Palm Oil

Impact Goal – Planet: Conserved, protected and enhanced ecosystems thatprovide for the next generation52
Principle 7: Protect, conserve and enhance ecosystems and the environment 53

Annex 1: Definitions

66

Annex 2: Guidance96

Annex 3: Key international laws and conventions applicable to the productionof palm oil
141
Annex 4: Implementation procedure for indicator 2.3.2

158

Annex 5: Transition from HCV to HCV-HCS assessment

159

Annex 6: Colombian legal framework161

Annex 7: Contracting models in Colombia (for indicator 6.2.7)

180

Annex 8: Addition to the guideline for Criteria 4.4 and 4.5

182

Table of Contents3

Acronym

Meaning

Key Biodiversity Area

DfID

Departament for International Development (UK government)

Crude Palm Oil

EID

Environmental Impact Diagnosis

AFI

Accountability Framework initiative

HCSA

High Carbon Stokc Approach

GA

General Assembly

ASA

Annual Surveillance Assessments

ALS

Assessor Licensing Scheme

CB

Certification Body

CBA

Collective Bargaining Agreement

SCCS

RSPO Supply Chain Certification Standard

PO

Palm Oil

SEIA

Social and Environmental Impact Assessment

HCS

High Carbon StockTPS

Territorial Planning Scheme

ASEAN

Association of Southeast Asian Nations

PPE

Personal Protective Equipment

HCVHigh Conservation ValueBHCV WG

Biodiversity & High Conservation Value Working GroupFAO

Food and Agriculture Organisation of the United Nations

MB

Mass Balance

Fedepalma

National Palm Oil Growners Federation

CABI

Centre for Agriculture and Biosciences International

IPF

Ideas for Peace Foundation

JCC

Joint Consultative Committee

FSC

Forest Stewardship Council

CBD

Convention on Biological Diversity

GHG

Greenhouse Gas

HRC

Human Rights Commission

GLWC

Global Living Wage Coalition

CBCSD

Colombian Business Council for Sustainable Development

TWG

Technical work Group

Cenipalma

Colombian Oil Palm Research Center

HCVRN

High Conservaton Vaue Resource Network

IFC

International Finance Corporation

HFCC

High Forest Cover Landscape

FPIC

Free, Prior and Informed Consent

HFCL

High Forest Cover Landscape

BOD

Biochemical Oxigen Demand

HGU

Hak Guna Usaha

HRD

Human Rights Defender

CAI

Colombian Agricultural Institute

CITS

Colombian institute for technical standards

Acronym

Meaning

KBA
CPO

4

Scope

Principles and Criteria for the Production of Sustainable Palm OilAcronym

Meaning

Acronym

Meaning

ICS

Internal Control System

WMUP

Watershed Management and Use Planning

IDS

Institute of Development Studies

POME

Palm Oil Mill Effluent

LTA

Lost Time Accident

TAP

Territorial Arrangement Planning

NI

National Interpretation

RaCP

Remediation and Compensation Procedure

IP

Identy Preserved

P&C

RSPO Principles and Criteria (i.e. this document)

IPCC

Intergovernmental Panel on Climate Change

RTE

Rare, Threatened or Endangered

ISO

International Organization for Standardization

REDD

Reducing Emissions from Deforestation and Forest Degradation

BoG

Board of Governors

DG

Dangerous Goods

KPI

Key Performance Indicator

FFB

Fresh Fruit Bunch

LUCA

Land Use Change Analysis

EFB

Empty Fruits Bunches

MESD

Ministry of Environment and Sustainable Development

RSPO

Roundtable on Sustainable Palm Oil

IPDM

Integrated Pest and Diseases Management

DLW

Decent Living Wage

BMPs

Best Management Practices

QMS

Quality Management System

NDJSG

No Deforestation Joint Steering Group

SHIG

Smallholder Interim GroupSDG

Sustainable Development Goal

SLAPP

Strategic Lawsuits against Public Participation

ILO

International Labour Organization

WWTS

Wasterwater Treatment System

WHO

World Health Organization

H&S

Health and Safety

NGO

Non-Governmental Organisation

ToC

Theory of ChangeUN

United NationsOER

Oil Extraction Rate

CSO

Civil Society OrganisationTNC

The Nature Conservancy

IFL

Intact Forest Landscape

IUCN

International Union for Conservation of Nature

PK

Palm Kernel

WWF

World Wildlife Fund for Nature

PLWG

Peatland Working Group

SOP

Standard Operating Procedure

Principles and Criteria for the Production of Sustainable Palm Oil

Scope

5

Preamble

1. SCOPE
The RSPO Principles and Criteria (RSPO P&C) is applicable for sustainable palm
oil production worldwide. The RSPO P&C cover the most significant
environmental and social impacts of palm oil production and the immediate
inputs to production, such as seed, chemicals and water, and social impacts
related to on-farm labour and community relations.
The RSPO P&C apply to all production level companies, i.e. all mills, who do not
fall under the definition of independent mill as outlined in the RSPO SCC
standard; and to all growers, who do not meet the definition of Independent
Smallholder or the applicability requirements as outlined in the RSPO
Smallholder Standard (under development as of September 2018 withfinalisation expected in 2019) and therefore cannot apply the RSPO
Smallholder Standard. These are referred to as the unit of certification
throughout this document.

Where RSPO standards differ from local laws, the higher/stricter of the two shallalways prevail and NIs are required to develop a list of applicable laws (seesection 9 in RSPO SOP for Standard Setting 2017).
Compliance with the RSPO P&C and all requirements as outlined in associateddocuments is required in order for certification to be awarded. Any nonconformities may result in suspension or loss of certification (see section 4.9 in
RSPO Certification Systems 2017). Compliance must be demonstrated with thenormative part of the P&C, i.e. the Principles, Criteria and Indicators. Nonconformities are raised at Indicator-level by auditors. The informative part (i.e.
Annex 2 Guidance) is there to help with implementation of Indicators, but is notnormative, nor can non-conformities be raised against this section.

The unit of certification is responsible for the certification of related Scheme
Smallholders and outgrowers within three years of obtaining its own certificate(see section 4.1.3 in RSPO Certification Systems 2017). Guidance for
implementation of the RSPO P&C 2018 for Scheme Smallholders andoutgrowers will be developed.
The RSPO P&C apply to existing plantings, as well as planning, siting,development, expansion and new plantings.

6

Scope

Principles and Criteria for the Production of Sustainable Palm Oil

TeamExplanation

RSPO Standard setting document

Category

Principle

Fundamental statements about a desired outcome

A fundamental statement about a desired outcome,often providing greater detail about the objectives.

Normative

Criteria

What implementation of the Principle looks like

The conditions that need to be met in order to fulfil
a Principle. Criteria add meaning and operationality
to a Principle without themselves being direct
measures of performance.

Normative– the preconditions or means of judging whether or
not a Principle has been fulfilled

Indicator

Variable to measure the implementation (positive or
negative)

The measurable states, which allow the assessmentof whether or not associated Criteria, are being met.
Indicators convey a single, meaningful message or
piece of information.

Normative

Guidance

Additional information that assists with theunderstanding, implementation and auditing of therequirement (i.e. the Indicator)

Guidance consists of useful information to help theunit of certification and auditor understand what theCriterion and/or Indicators mean in practice, toindicate good practice, and practices that should be
followed.

Informative

Procedural Note

Exceptional measure to allow mention of pending
developments

A note in the standard only to be used where amethodology or element of the standard is still
under development to clarify terms, conditions andprocedure prior to the said methodology or element
being finalised

Informative

Role of Definitions
Throughout the standard, some terms carry a specific RSPO definition, which is provided in Annex 1 – Definitions section of this standard. These definitions
are binding elements of Criteria and Indicators.
Principles and Criteria for the Production of Sustainable Palm Oil

Scope

7

Preamble

2. RSPO VISION AND THEORY OF CHANGE
The RSPO Theory of Change (ToC) is a roadmap that demonstrates how RSPO
will achieve its vision of making sustainable palm oil the norm. With thesupport of its members, partners and other actors, RSPO will implement key
strategies and activities to trigger the transformation of the palm oil sector.
These strategies are intended to bring about direct outputs in the form of
increased adoption of the RSPO standards, greater transparency andinclusivity in the RSPO system, increased market uptake of sustainable palmoil, and an improved enabling environment. Over time, these outputs will leadto outcomes that are expected to improve the quality of life of oil palm
farmers, create a more prosperous palm oil industry, and enable us to better
conserve our planet and its resources. When the ToC is fully realised, itdelivers change where it matters most – on the ground; a space where oilpalm, the environment, and local communities can co-exist in harmony. It also
provides a framework to monitor, evaluate and report on the effects ofapplying the RSPO P&C. More details on the RSPO ToC are available here:
https://rspo.org/about/impacts/theory-of-change

8

RSPO Visión and Theory of Change

Principles and Criteria for the Production of Sustainable Palm OilTHEORY OF CHANGERSPO ROADMAP FOR SUSTAINABLE PALM OIL

Principles and Criteria for the Production of Sustainable Palm Oil

RSPO Vision and Theory of Change

9Effective implementation and more growers’ uptake of the P&C lead tothe intermediate outcomes:•

Resource use minimisation (soil, water, energy), input use•

Reduced pollution (water, air, greenhouse gas (GHG))•

Improved risk management – management plans and assessments•

Ecosystems better protected•

Productivity optimised•

Land and use rights respected•

Safe and decent work for all community members

10

RSPO Vision and Theory of Change

reduction – reduce costs

The process for change at RSPO is characterised by a progession of: "Mobilise,
Act and Transform". This is the backbone of the RSPO toC and underpinned by
the concept of shared responsibility and accountability for results.
Commitment: All the actors commit to their contribution to transforming
markets.
Collaboration: Recognising the need to work together and making that
happen: transformation of markets cannot happen without collaboration.
Accountability: Commitment and collaboration are to be fulfilled with ashared responsibility for impact. The expectation of partners and members isthat the commit to participate and there is mutual and agreed accountability
for results.

Principles and Criteria for the Production of Sustainable Palm Oil

Preamble

3. OUTCOME FOCUS
The core objectives of the 2018 RSPO P&C review include:•••

Incorporating elements of impacts
Making it more relevant and practical, particularly by making it metricated(measurable)
Incorporating elements of impacts as prescribed by the ToC

It is important to keep in mind that it is simply not feasible or meaningful topropose indicator level, specific measurable outcomes because of manytechnical and political challenges. From research and experience with otherstandards these include:
•

•
•
•

Attribution – achieving outcomes is based on a wide range of actions andcontext, often out of the control of the grower (weather, market forces,
pests)
Defining globally relevant outcomes
Favour larger, more resourced growers potentially demotivating small andmedium size growers
Costs and burden for data reporting systems and management

This will provide RSPO with information on the results of implementation of the
P&C. This requirement refers to a small set of strategic metrics, directly related
to the P&C and aligned with the ToC and RSPO organisational Key Performance
Indicators (KPIs). The resulting reporting will be anonymised for analysis,
marketing and impact assessment.
The selection criteria for these metrics included:••••

Value added to growers
Link to P&C requirements
Key ToC outcomes
Those already required for measuring, monitoring and/or reporting

However, outcome focused P&C can still be achieved, by showing very
explicitly the links between the set of Criteria and intended outcomes.
Furthermore, a requirement for reporting to RSPO has been included into theManagement Principle under Criterion 3.2 for continuous improvement.

Principles and Criteria for the Production of Sustainable Palm Oil

Outcome Focus

11

Preamble

4. STRUCTURE OF THE RSPO P&C
The RSPO P&C are organised into three impact areas according to the RSPO ToC.

PROSPERITYPEOPLE

Impact Goal PROSPERITY: Competitive,
resilient and sustainable sector

Impact Goal PEOPLE: Sustainable livelihoods
and poverty reduction

Principle 1. Behave ethically andtransparently
Principle 2. Operate legally andrespect rights
Principle 3.
Optimise productivity,
efficiency, positive impacts
and resilience

Principle 4.Respect community and humanrights and deliver benefits
Principle 5. Support smallholder
inclusion
Principle 6. Respect workers’ rights
and conditions

12

Structure of the RSPO P&C

PLANET

Impact Goal PLANET: Conserved,
protected and enhanced ecosystems
that provide for the next generation
Principle 7.Protect, conserve and enhance
ecosystems
andtheenvironment

Principles and Criteria for the Production of Sustainable Pam Oil

Impact Area ToC

PROSPERITY
Impact Goal:
Competitive, resilient andsustainable sector

PEOPLE
Impact Goal:
Sustainable livelihoods andpoverty reduction

Objectives de ToC

Principle of Theme

A sustainable, competitive, and resilient palm oil sector ensures long-term
viability of the entire supply chain and shared benefits for both private sector
as well as the livelihoods of communities where oil palm is grown. Effectiveplanning and managements systems address economic viability,
environmental and social compliance and risk, establishes, procedures andsystems for ensuring conformance to the RSPO P&C, and supports
continuous improvement toward sustainable palm oil

1.Behave ethically and transparently
2.Operate legally ad respect rights
3.Optimise productivity, efficiency,
positive impacts and resilience.

Human rights protected, respected and remedied. The palm oil sector 4.Respect community and humancontributes to reducing poverty and palm oil production is a source of rights and deliver benefits
sustainable livelihoods. Human rights are respected. People participate inprocesses that affect them with shared access and benefits. Everyone
engaged in palm oil production has equal opportunities to fulfill their potential 5.Support smallholder inclusion
in work and community with dignity and equiality and in a healthy working
and living environment.
6.Respect workers’ rights andconditions

PLANET

Impact Goal: Conserved, protected, and enhanced ecosystems that provide
for the next generation. Ecosystems and their services are protected,
restores, and resilient, including through sustainable consumption andConserved, protected andproduction and sustainable management of natural resources (sustainably
enhanced ecosystems that provide manage forests, combat desertification, halt and reverse and degradation,
for the next generation
halt biodiversity loss (SDG 15)). Climate change is addressed throughcontinuous GHG reductions and air and water pollution are controlled.

Impact Goal:

Principles and Criteria for the Production of Sustainable Pam Oil

7.Protect, conserve and enhance
ecosystems and the environment

Structure of the RSPO P&C

13

Preamble

4. STRUCTURE OF THE RSPO P&C

14

Structure of the RSPO P&C

Principles and Criteria for the Production of Sustainable Pam OilLink to Theory of Change - Intermediate outcomes
Improved Risk Management
Improved Risk Management
Improved Risk Management
Improved Risk Management
Improved Risk Management
Improved Risk Management
Improved Risk Management
Improved Risk Management, Cross cutting
Improved Risk Management, Cross cutting
Improved Risk Management
Improved Risk Management
Improved Risk Management, Safe and Decent work
Improved Risk Management, Safe and Decent work
Human rights upheld
Human rights upheld
Human rights upheld
Human rights upheld
Human rights upheld
Inclusive access, communities
Inclusive access, SH
Inclusive access, SH
Human rights upheld, safe and decent work
Human rights upheld, safe and decent work
Human rights upheld, safe and decent work
Human rights upheld, safe and decent work
Human rights upheld, safe and decent work
Human rights upheld, safe and decent work
Safe and decent work
Resource use, pollution, productivity
Resource use minimised, pollution
Resource use minimised, pollution
Productivity optimised, Ecosystems
Reduced pollution
Ecosystem protected, Resource use minimised, Reduced pollution
Pollution, ecosystems
Resource use, pollution, ecosystems
Resource use minimised, pollution
Reduced pollution
Reduced pollution
Ecosystems protected

Principles and Criteria for the Production of Sustainable Pam Oil

Structure of the RSPO P&C

15

Impact Goal

PROSPERITY: COMPETITIVE, RESILIENT AND SUSTAINABLE SECTOR
Objectives and outcomesPROSPERIDAD

A sustainable, competitive and resilient
palm oil sector ensures long-term viabilityof the entire supply chain and sharedbenefits for both private sector as well as
the livelihoods of communities where oilpalm is grown.
An effective planning and management
system addresses economic viability,
environmental and social compliance andrisk, establishes procedures and systems for
ensuring conformance to the RSPO P&C,
and supports continuous improvement
toward sustainable palm oil

16

Prosperity: Competitive, resilient and sustainable sector

Principle 1

Behave ethically and transparent

Principle 2

Operate legally and respect rights

Principle 3

Optimise productivity, efficiency,
positive impacts and resilience

Principles and Criteria for the Production of Sustainable Palm OilPrinciple 1

BEHAVE ETHICALLY AND TRANSPARENTLY
Drive ethical business behaviour, build trust and transparency with stakeholders to ensure strong and healthy relationships.

Criteria

Indicators

Toc Outcomes

1.1

1.1.1 (C) Management documents that are specified in the RSPO P&C are madepublicly available.

Improved risk management

The unit of certification
providesadequate
information to relevant
stakeholders
onenvironmental, social andlegal issues relevant to RSPO
Criteria, in appropriate
languages and forms to
allow
for
effective
participation in decision
making1.1.2 Information is provided in appropriate languages and accessible torelevant stakeholders.
1.1.3 (C) Records of requests for information and responses are maintained.

1.1.4 (C) Consultation and communication procedures are documented,
disclosed, implemented, made available, and explained to all relevant
stakeholders by a nominated management official

1.1.5 There is a current list of contact and details of stakeholders and theirnominated representatives.
1.2

The unit of certificationcommits to ethical conduct
in all business operations
and transactions.

1.2.1 A policy for ethical conduct is in place and implemented in all business
operations and transactions, including recruitment and contracts

Improved risk management

1.2.2 A system is in place to monitor compliance and the implementation of
the policy and overall ethical business practice.

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 1: Behave ethically and transparently

17Principle 2

OPERATE LEGALLY AND RESPECT RIGHTS
Implement legal requirements as the basic principles of operation any jurisdiction.

Criteria
2.1

Indicators

Toc Outcomes

There is compliance with all 2.1.1 (C) The unit of certification complies with applicable legal requirements.
applicable local, national,
and ratified international
2.1.2 A documented system for ensuring legal compliance is in place. This
laws and regulations
system has a means to track changes to the law and also includes listingand evidence of legal due diligence of all contracted third parties,
recruitment agencies, service providers and labour contractors.

Improved risk management

2.1.3 Legal or authorised boundaries are clearly demarcated and visibly
maintained, and there is no planting beyond these legal or authorisedboundaries.
2.2

18

Todos los contratistas que 2.2.1 A list of contracted parties is maintained.
proporcionan
servicios
operativos y mano de obra, 2.2.2 All contracts, including those for FFB supply, contain specific clauses on
así como los proveedores demeeting applicable legal requirements, and this can be demonstrated by
Racimos de Fruto Fresco
the third party.
(RFF), cumplen con losrequisitos legales.
2.2.3 All contracts, including those for FFB supply, contain clauses disallowing
child, forced and trafficked labour. Where young workers are employed,
the contracts include a clause for their protection.

Principle 2: Operate legally and respect rights

Improved risk management;
Human rights upheld;
Safe and decent work

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria
2.3

Indicators

Toc Outcomes
Improved risk management

All FFB supplies from outside 2.3.1 (C) For all directly sourced FFB, the mill requires:the unit of certification are• Information on geo-location of FFB origins.
from legal sources• Proof of the ownership status or the right/claim to the land by thegrower/smallholder• Where applicable, The Growers Registry, as per resolution 002009 of2014 issued by ICA (property registry before the ICA), valid
planting/operating/trading license, or is part of a legally incorporated
association scheme, a cooperative which allows the buying and sellingof FFB.

2.3.2 For all indirectly sourced FFB, the unit of certification obtains from thecollection centres, agents or other intermediaries, the evidence as listed
in Indicator 2.3.1.
PROCEDURAL NOTE: For Implementation Procedure for 2.3.2 refer toAnnex 4.

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 2: Operate legally and respect rights

19

Principle 3

OPTIMISE PRODUCTIVITY, EFFICIENCY, POSITIVE
IMPACTS AND RESILIENCE
Implement plans, procedures and systems for continuous improvement.

Criteria
3.1

Indicators

There is an implemented 3.1.1
management plan for theunit of certification that aims
toachievelong-term
economic and financial 3.1.2
viability.

Toc Outcomes(C) A business or management plan (minimum three years) is
documented that includes, where applicable, a jointly developed businesscase for Scheme Smallholders.

Improved risk management;
Productivity optimised

An annual replanting programme projected for a minimum of five years
with yearly review, is available.

3.1.3 The unit of certification holds management reviews at planned intervals
appropriate to the scale and nature of the activities undertaken.
3.2

The unit of certification 3.2.1 (C) The action plan for continuous improvement is implemented, basedon consideration of the main social and environmental impacts andregularly
monitors
andopportunities of the unit of certification.
reviews their economic,
social and environmental
performance and develops 3.2.2 As part of the monitoring and continuous improvement process, annual
reports are submitted to the RSPO Secretariat using the RSPO metrics
and implements action plans
template.
that allow demonstrable

Improved risk management

continuous improvement in
key operations.

20

Principle 3: Optimise productivity, efficiency, positive impacts and resilience

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria

Indicators

Toc Outcomes

3.3

3.3.1

Improved risk management

Operating procedures areappropriately documented,
consistently implemented
and monitored.
.

3.4

3.3.1.a)(C) Standard Operating Procedures (SOPs) for the unit of certification are
in place and they include Guidelines for Best Sustainability Practices (BSP
- agricultural, environmental and social).
To implement and monitor the BPS with the supply base, the manager ofthe certification unit shall establish corporate collaboration mechanismsthat ensure a suitable technical assistance (whether free or not).

3.3.2

A mechanism to check consistent implementation of procedures is inplace.

3.3.3

Records of monitoring and any actions taken are maintained andavailable. The manager of the certification unit is responsible formonitoring the implementation of the BPS unless the FFB provider
demonstrates its capacity to do so directly and through its own means,
which shall be certified by the manager of the certification unit and/or themill.

A comprehensive Social and 3.4.1
Environmental
ImpactAssessment(SEIA)
isundertaken prior to newplantings or operations, anda social and environmental
management
and 3.4.2
monitoringplan
isimplemented and regularly
updatedinongoing
3.4.3
operations.

(C) In new plantings or operations including mills, an independent SEIA,
undertaken through a participatory methodology involving the affected
relevant stakeholders, and including the impacts of any smallholder/
outgrower scheme is documented.

Improved risk management;
Human rights upheld

For the unit of certification, a SEIA is available and social andenvironmental management and monitoring plans have been developedwith participation of affected stakeholders.
(C) The social and environmental management and monitoring plan is
implemented, reviewed and updated regularly in a participatory way.

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 3: Optimise productivity, efficiency, positive impacts and resilience21

Principle 3

OPTIMISE PRODUCTIVITY, EFFICIENCY, POSITIVE
IMPACTS AND RESILIENCE

Criteria
3.5

3.6

3.7

22

Indicators

Toc OutcomesA system for managing 3.5.1
human resources is in place.

Employment procedures for recruitment, selection, hiring, promotion,
retirement and termination are documented and made available to theworkers and their representatives.

3.5.2

Employment procedures are implemented and records are maintained.

An occupational health and 3.6.1
safety (H&S) plan is
documented,
effectively
communicatedandimplemented.
3.6.2(C) All operations are risk assessed to identify H&S issues. Mitigationplans and procedures are documented and implemented.

All staff, workers, Scheme 3.7.1
Smallholders, outgrowers,
and contract workers areappropriately trained.

(C) A documented programme that provides training is in place, which isaccessible to all staff, workers, Scheme Smallholders and outgrowers,
taking into account gender-specific needs, and which covers applicableaspects of the RSPO P&C, in a form they understand, and which includes
assessments of training.

3.7.2

Records of training are maintained, where appropriate on an individual
basis.

3.7.3

Appropriate training is provided for personnel carrying out the tasks
critical to the effective implementation of the Supply Chain Certification
Standard (SCCS). Training is specific and relevant to the task(s)performed).

Improved risk management;
Safe and decent work

Improved risk management;
Safe and decent work(C) The effectiveness of the H&S plan to address health and safety risks
to people is monitored.

Principle 3: Optimise productivity, efficiency, positive impacts and resilience

Improved risk management;
Safe and decent work

Principles and Criteria for the Production of Sustainable Palm Oil

SUPPLY CHAIN REQUIREMENTS FOR MILLS
Disclaimer text: The following section is taken
verbatim from the RSPO Supply Chain Certification
Standard (14 June 2017) (RSPO SCCS), general
requirements as well as modules D & E for mills.
The RSPO SCCS is the document in vigour for theserequirements and should be referred to in any
cases of uncertainty. Any references to othermodules or sections contained in the table below
refer to the RSPO SCCS document.
The RSPO SCCS document will be reviewed andrevised in 2019 and the below table will be
replaced upon completion of that revision process
and endorsement by the RSPO BoG, at which point
the reference numbering will be aligned to the P&C
document and these supply chain millrequirements only contained in the P&C document
forthwith.

As per RSPO SCCS, all requirements are major
Indicators (i.e. equivalent of critical Indicators in
P&C 2018).

PROCEDURAL NOTE: The below numbering is as
per the current RSPO SCCS standard and will be
renumbered to become 3.8 and onwards following
the revision of the RSPO SCCS in 2019. ‘D’ therefore
refers to RSPO SCCS ‘Module D – Crude Palm Oil(CPO) mills: Identity Preserved’ and ‘E’ to RSPOSCCS ‘Module E – CPO mills: Mass Balance’.
Depending on the supply chain model chosen, thecorresponding requirements apply as well as all
general requirements (those with numbers only).
The RSPO SCCS document uses the terms ‘site’ and‘organisation’ to refer to the unit of certification.

Independent mills, who are only required to get
supply chain certification, will then have to refer tothis section for the mill specific requirements.

Principles and Criteria for the Production of Sustainable Palm Oil

Supply chain requirements for mills

23

SUPPLY CHAIN REQUIREMENTS FOR MILLSReference in RSPO SCCS

Indicators

ToC Outcomes

Definition Identity Preserved Mill D.1

A mill is deemed to be Identity Preserved (IP) if the FFB used by the mill aresourced from plantation/ estates that are certified against the RSPO Principles
and Criteria (RSPO P&C), or against the Group Certification scheme.

Improved risk management

Certification for CPO mills is necessary to verify the volumes and sources ofcertified FFB entering the mill, the implementation of any processing controls(for example, if physical separation is used), and volume sales of RSPO certified
products. If a mill process certified and uncertified FFB without physicallyseparating them, then only Module E is applicable.
Definition Mass Balance Mill E.1

Certification for CPO mills is necessary to verify the volumes of certified anduncertified FFB entering the mill and sales volume of RSPO certified products. A
mill may be taking delivery of FFB from uncertified growers, in addition to thosefrom its own and 3rd party certified supply base. In that scenario, the mill canclaim only the volume of oil palm products produced from processing of thecertified FFB as MB.

Improved risk management

Explanation (Volume and productintegrity)

The estimated tonnage of CPO and PK products that could potentially be
produced by the certified mill shall be recorded by the certification body (CB) in
the public summary of the P&C certification report. For an independent mill, theestimated tonnage of CPO and PK products shall be recorded in the RSPO IT
platform, supply chain certificate and public summary audit report. This figure
represents the total volume of certified oil palm product (CPO and PK) that thecertified mill is allowed to deliver in a year. The actual tonnage produced shallthen be recorded in each subsequent annual surveillance report.

Improved risk management

D.2
E.2

24

Supply chain requirements for mills

Principles and Criteria for the Production of Sustainable Palm OilReference in RSPO SCCS

Indicators

ToC Outcomes

Explanation (Volume and productintegrity)

The mill shall also meet all registration and reporting requirements for theappropriate supply chain through the RSPO supply chain managing organisation(RSPO IT platform).

Improved risk management

Documented procedures

The site shall have written procedures and/or work instructions to ensure theimplementation of all elements of the applicable supply chain model specified.
This shall include at minimum the following:

Improved risk management

5.3.1
D.3
E.3

• Complete and up-to-date procedures covering the implementation of all theelements of the supply chain model requirements.
• Complete and up-to-date records and reports that demonstrate compliancewith the supply chain model requirements (including training records).
• Identification of the role of the person having overall responsibility for and

D.2
E.2 (continued)

authority over the implementation of these requirements and compliancewith all applicable requirements. This person shall be able to demonstrateawareness of the organisation’s procedures for the implementation of thisstandard.
• The site shall have documented procedures for receiving and processing
certified and non-certified FFBs.
Internal Audit 5.3.2

The site shall have a written procedure to conduct annual internal audit todetermine whether the organisation;• Conforms to the requirements in the RSPO Supply Chain Certification Standard
and the RSPO Market Communications and Claims Documents.
• effectively implements and maintains the standard requirements within

Improved risk management

its organisation.

Principles and Criteria for the Production of Sustainable Palm Oil

Supply chain requirements for mills

25

SUPPLY CHAIN REQUIREMENTS FOR MILLSReference in RSPO SCCS

Indicators

ToC OutcomesInternal Audit 5.3.2 (Continued)

Any non-conformities found as part of the internal audit shall be issued
corrective action. The outcomes of the internal audits and all actions taken tocorrect non-conformities shall be subject to management review at least
annually. The organisation shall be able to maintain the internal audit records
and reports.

Improved risk management

Purchasing Goods in 5.4
D.4.1/ D.4.2
E.4.1/E.4.2

The site shall verify and document the tonnage and sources of certified and the Improved risk management
tonnage of non-certified FFBs received.
The site shall inform the CB immediately if there is a projected overproduction ofcertified tonnage.
The site shall have a mechanism in place for handling non-conforming oil palm
products and/or documents.

Outsourcing Activities
5.5

26

Supply chain requirements for mills

5.5.1

In cases where an operation seeking or holding certification outsources
activities to independent third parties (e.g. subcontractors for storage,transport or other outsourced activities), the operation seeking or
holding certification shall ensure that the independent third party
complies with the requirements of the RSPO Supply Chain Certification
Standard. A CPO mill and independent mill cannot outsource processing
activities like refining or crushing.

Improved risk management

Principles and Criteria for the Production of Sustainable Palm OilReference in RSPO SCCS

Indicators

ToC Outcomes

Outsourcing Activities

This requirement is not applicable to outsourced storage facilities where themanagement of the oil palm product(s) and instructions for tank movements arecontrolled by the certified organisation (not the tank farm manager).

Improved risk management

5.5 (Continued)

5.5.2 Sites which include outsourcing within the scope of their RSPO Supply
Chain Certificate shall ensure the following:a)

The site has legal ownership of all input material to be included inoutsourced processesb)

The site has an agreement or contract covering the outsourced
process with each contractor through a signed and enforceableagreement with the contractor. The onus is on the site to ensurethat certification bodies (CBs) have access to the outsourcing
contractor or operation if an audit is deemed necessaryc)

The site has a documented control system with explicit proceduresfor the outsourced process which is communicated to the relevant
contractord)

The site seeking or holding certification shall furthermore ensure(e.g. through contractual arrangements) that independent third
parties engaged provide relevant access for duly accredited CBs totheir respective operations, systems, and any and all information,
when this is announced in advance.

Principles and Criteria for the Production of Sustainable Palm Oil

Supply chain requirements for mills

27

SUPPLY CHAIN REQUIREMENTS FOR MILLSReference in RSPO SCCS

Indicators

ToC Outcomes

Outsourcing Activities

5.5.3

The site shall record the names and contact details of all contractors used
for the processing or physical handling of RSPO certified oil palm product.

Improved risk management

5.5.4

The site shall at its next audit inform its CB of the names and contact
details of any new contractor used for the processing or physical handlingof RSPO certified oil palm products.

5.9.1

The organisation shall maintain accurate, complete, up-to-date andaccessible records and reports covering all aspects of these RSPO Supply
Chain Certification Standard requirements.

5.9.2

Retention times for all records and reports shall be a minimum of two (2)years and shall comply with legal and regulatory requirements and beable to confirm the certified status of raw materials or products held instock.

5.9.3

The organisation shall be able to provide the estimated volume of palm
oil / palm kernel oil content (separate categories) in the RSPO certified oilpalm product and keep an up-to-date record of the volume purchased(input) and claimed (output) over a period of twelve (12) months.

5.5 (Continued)

Record Keeping 5.9

D.5.1

28

Improved risk management

The site shall record and balance all receipts of RSPO certified FFB and deliveries
of RSPO certified CPO and PK on a real-time basis
Supply chain requirements for mils

Principles and Criteria for the Production of Sustainable Palm OilReference in RSPO SCCS

Indicators

ToC Outcomes

E.5.1

a)

The site shall record and balance all receipts of RSPO certified FFB anddeliveries of RSPO certified CPO and PK on a real-time basis and / or threemonthly basis

Improved risk managementb)

All volumes of palm oil and palm kernel oil that are delivered are deductedfrom the material accounting system according to conversion ratios statedby RSPOc)

The site can only deliver Mass Balance sales from a positive stock. Positive
stock can include product ordered for delivery within three (3) months.
However, a site is allowed to sell short (i.e. product can be sold before it isin stock).

Conversion Factors 5.10

5.10.1 Where applicable, a conversion rate shall be applied to provide a reliable
estimate for the amount of certified output available from the associatedinputs. Organisations may determine and set their own conversion rates
which shall be based upon past experience, documented and appliedconsistently. Guidance on conversion rates is published on the RSPO
website (www.rspo.org).

Improved risk management

5.10.2 Conversion rates shall be periodically updated to ensure accuracy against
actual performance or industry average if appropriate.
Processing D.6

The site shall assure and verify through documented procedures and record Improved risk management
keeping that the RSPO certified oil palm product is kept separated from noncertified oil palm product, including during transport and storage to strive for 100%
separation

Principles and Criteria for the Production of Sustainable Palm Oil

Supply chain requirements for mills

29

SUPPLY CHAIN REQUIREMENTS FOR MILLSReference in RSPO SCCS

Indicators

ToC Outcomes

Sales and Goods Out
5.6

5.6.1. The supplying site shall ensure that the following minimum
information for RSPO certified products is made available indocument form:

Improved risk management

•
•
•
•
•

•
•
•
•
•

•

30

Supply chain requirements for mills

The name and address of the buyer;
The name and address of the seller;
The loading or shipment / delivery date;
The date on which the documents were issued;
A description of the product, including the applicable supply chain
model (Identity Preserved, Segregated or Mass Balance or theapproved abbreviations);
The quantity of the products delivered;
Any related transport documentation;
Supply Chain Certificate number of the seller;
A unique identification number.
Information shall be complete and can be presented either on asingle document or across a range of documents issued for RSPO
certified oil palm products (for example, delivery notes, shipping
documents and specification documentation).
For sites that are required to announce and confirm trades in the
RSPO IT platform, this shall include making Shipping
Announcements / Announcements and Confirmations on the RSPOIT platform per shipment or group of shipments.

Principles and Criteria for the Production of Sustainable Palm OilReference in RSPO SCCS

Indicators

Registration of transactions 5.7

5.7.1

Supply chain actors who:• are mills, traders, crushers and refineries; and• take legal ownership and/or physically handle RSPO Certified
Sustainable oil palm products that are available in the yield schemeof the RSPO IT Platform (Figure 2 and 3, refer Annex 1) shall register
their transaction in the RSPO IT platform and confirm upon receipt
where applicable

ToC Outcomes

5.7.2

The involved supply chain actors mentioned in 5.7.1 shall do the following
actions in the RSPO IT Platform: Shipping Announcement /Announcement: When RSPO certified volume is sold as certified, thevolumes of products that are in the yield scheme (Figure 2 and 3, refer
Annex 1) shall be registered as a Shipping Announcement /Announcement in the RSPO IT Platform. The declaration time to do
Shipping Announcement / Announcement is based on members’ own
standard operating proceduresTrace: When RSPO certified volumes are sold as RSPO certified to actors
in the supply chain beyond the refinery, the volume shall be traced atleast annually. Tracing triggers the generation of a trace document witha unique traceability number. Tracing can be done in a consolidated way
at least annually.

Principles and Criteria for the Production of Sustainable Palm Oil

Supply chain requirements for mills

31

SUPPLY CHAIN REQUIREMENTS FOR MILLSReference in RSPO SCCS
Registration of transactions 5.7(Continued)

Indicators

ToC Outcomes

Remove: RSPO certified volumes sold under other schemes or as
conventional, or in case of underproduction, loss or damage shall be
removed.
Confirm: Acknowledge the purchase of RSPO certified volume byconfirming Shipping Announcements / Announcements.

Claims 5.11

32

Supply chain requirements for mills

5.11.1 The site shall only make claims regarding the use of or support of RSPO
certified oil palm products that are in compliance with the RSPO Rules on
Market Communications and Claims.

Improved risk management

Principles and Criteria for the Production of Sustainable Palm Oil

Impact Goal

PEOPLE: SUSTAINABLE LIVELIHOODS AND POVERTY REDUCTION
Objectives and outcomes
PEOPLE

Human rights protected, respected andremedied.
The palm oil sector contributes to reducing
poverty and palm oil production is a sourceof a sustainable livelihoods.
Human rights are respected. People
participate in processes that affect themwith shared access and benefits. Everyone
engaged in palm oil production has equal
opportunities to fulfil their potential in workand community with dignity and equality,
and in a healthy working and living
environment

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 4

Respect community and human rights
and deliver benefits

Principle 5

Supportinclusion

smallholder

Principle 6

Respect workers’
conditions

rightsPeople: Sustainable livelihoods and poverty reduction

and

33

Principle 4

RESPECT COMMUNITY AND HUMAN RIGHTS AND DELIVERY BENEFITS
Respect community rights, provide equal opportunities, maximise benefits froms engagement and ensure remediation where needed.

Criteria
4.1

4.2

34

Indicators

ToC Outcomes

The unit of certification 4.1.1
respects human rights, which
includes respecting the rightsof Human Rights Defenders.

(C) A policy to respect human rights, including prohibiting retaliation
against Human Rights Defenders (HRDs), is documented andcommunicated to all levels of the workforce, operations, supply chain
and local communities and prohibits intimidation and harassment by theunit of certification and contracted services, including contracted
security forces. Evidence that appropriate measures have been taken to
ensure that the contracting of private security and surveillance services
does not involve people with a criminal record or ongoing criminal
investigations, or people who have committed crimes against humanity.

4.1.2

The unit of certification does not instigate violence or use any form ofharassment, including the use of mercenaries and paramilitaries in theiroperations.

4.2.1(C) The mutually agreed system, open to all affected parties, resolves
disputes in an effective, timely and appropriate manner, ensuring
anonymity of complainants, HRDs, community spokespersons andwhistleblowers, where requested, without risk of reprisal or intimidationand follows the RSPO policy on respect for HRDs.

There is a mutually agreed
and documented system for
dealing with complaints andgrievances,whichisimplemented and acceptedby all affected parties.

Principle 4: Respect community and human rights and deliver benefits

Human rights upheld

Human rights upheld

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria

Indicators

ToC Outcomes

4.2

There is a mutually agreed 4.2.2 Procedures are in place to ensure that the system is understood by theand documented system for
affected parties, including by illiterate parties.
dealing with complaints andgrievances,which
is 4.2.3 The unit of certification keeps parties to a grievance informed of its
progress, including against agreed timeframe and the outcome isimplemented and acceptedavailable and communicated to relevant stakeholders.
by all affected parties.
(Continued)
4.2.4 The conflict resolution mechanism includes the option of access toindependent legal and technical advice, the ability for complainants tochoose individuals or groups to support them and/or act as observers, aswell as the option of a third-party mediator.

Human rights upheld

4.3

The unir of certification 4.3.1 Contributions to community development that are based on the results
contributes
tolocalof consultation with local communities are demonstrated.
sustainable development asagreedbylocal
communities.

Human rights upheld

4.4

Use of the land for oil palm 4.4.1 (C) Documents showing legal ownership or lease, legal occupancy or use,
does not diminish the legal,
or authorised use of customary land authorised by customary landowners
customary or user rights ofthrough a Free, Prior and Informed (FPIC) process. Documents related toother users without their
the history of land tenure and the actual legal or customary use of theFree, Prior and Informed
land are available.
Consent.

Human rights upheld

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 4: Respect community and human rights and deliver benefits

35

Principle 4

RESPECT COMMUNITY AND HUMAN RIGHTS AND DELIVER BEFITS

Criteria
4.4

Indicators

ToC Outcomes

Use of the land for oil palm
does not diminish the legal, 4.4.2 Copies of documents evidencing agreement-making processes andnegotiated agreements detailing the FPIC process are available andcustomary or user rights ofinclude:other users without their
FPIC. (Continued)a) Evidence that a plan has been developed through consultation anddiscussion in good faith with all affected groups in the communities,
with particular assurance that vulnerable, minorities’ and gendergroups are consulted, and that information has been provided to allaffected groups, including information on the steps that are taken to
involve them in decision makingb)

Evidence that the unit of certification has respected communities’
decisions to give or withhold their consent to the operation at thetime that these decisions were takenc)Evidence that the legal, economic, environmental and social
implications of permitting operations on their land have been
understood and accepted by affected communities, including theimplications for the legal status of their land at the expiry of the unitof certification’s title, concession or lease on the land

Human rights upheld

4.4.3 (C) Maps of an appropriate scale showing the extent of recognised legal,
customary or user rights are developed through participatory mapping
involving affected parties (including neighbouring communities whereapplicable, and relevant authorities).

36

Principle 4: Respect community and human rights and deliver benefits

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria
4.4

4.5

Indicator

ToC Outcomes

Use of the land for oil palm 4.4.4
does not diminish the legal,
customary or user rights ofother users without their
FPIC. (Continued)
4.4.5

All relevant information is available in appropriate forms and languages,
including assessments of impacts, proposed benefit sharing, and legal
arrangements

4.4.6

There is evidence that implementation of agreements negotiatedthrough FPIC is annually reviewed in consultation with affected parties

No new plantings are 4.5.1
established on local peoples’
land where it can bedemonstrated that there arelegal, customary or user 4.5.2
rights, without their FPIC.
This is dealt with through adocumented system thatenables these and otherstakeholders to express
their views through theirown
representative
institutions(C) Documents showing identification and assessment of demonstrable
legal, customary and user rights are available

Human rights upheld(C) Evidence is available to show that communities are represented
through institutions or representatives of their own choosing, including
by legal counsel if they so choose

Human rights upheld(C) FPIC is obtained for all oil palm development through acomprehensive process, including in particular, full respect for their legal
and customary rights to the territories, lands and resources via local
communities’ own representative institutions, with all the relevant
information and documents made available, with option of resourced
access to independent advice through a documented, long-term andtwo-way process of consultation and negotiation.

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 4: Respect community and human rights and deliver benefits37

Principle 4

RESPECT COMMUNITY AND HUMAN RIGHTS AND DELIVER BENEFITS

Criteria
4.5

38

No new plantings are
establishedon
local
peoples’ land where it canbe demonstrated that there
are legal, customary or user
rights, without their FPIC.
This is dealt with through adocumented system thatenables these and otherstakeholders to express
their views through theirown
representative
institution. (Continued)

Indicators

ToC Outcomes

4.5.3

Human rights upheld

Evidence is available that local peoples potentially affected* understandthey have the right to say ‘no’ to operations planned on their lands
before and during initial discussions, during the stage of information
gathering and associated consultations, during negotiations, and up until
an agreement with the unit of certification is signed and ratified by these
local peoples. Negotiated agreements are non-coercive and entered into
voluntarily and carried out prior to new operations.
* Potentially affected local peoples refers to those cases in which it canbe demonstrated that they have legal, customary or user rights.

4.5.4

To ensure local food and water security, as part of the FPIC process,participatory SEIA and participatory land-use planning with local peoples,the full range of food and water provisioning options are considered.
There is transparency of the land allocation process.

4.5.5

Evidence is available that the affected communities and rights holders
have had the option to access information and advice, that is
independent of the project proponent, concerning the legal, economic,
environmental and social implications of the proposed operations on
their lands.

4.5.6

Evidence is available that the communities (or their representatives) gaveconsent to the initial planning phases of the operations prior to theissuance of a new concession or land title to the operator.

Principle 4: Respect community and human rights and deliver benefits

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria
4.5

4.6

Indicators

No new plantings are 4.5.7
established on local peoples’
land where it can bedemonstrated that there arelegal, customary or user
rights, without their FPIC.
This is dealt with through adocumented system that 4.5.8
enables these and otherstakeholders to express
their views through theirown
representative
institution. (Continued)

Any negotiations concerning 4.6.1
compensation for loss oflegal, customary or user
rights are dealt with througha documented system that 4.6.2
enables indigenous peoples,
local communities and otherstakeholders to express
their views through theirown
representative
4.6.3
institutions.

ToC Outcomes

New lands will not be acquired for plantations and mills after 15
November 2018 as a result of recent (2005 or later) expropriations in thenational interest without consent (eminent domain), except in cases ofsmallholders benefitting from agrarian reform or anti-drug programmes

Human rights upheld(C) New lands are not acquired in areas inhabited by communities involuntary isolation(C) A mutually agreed procedure for identifying legal, customary or user
rights, and a procedure for identifying people entitled to compensation,is in place.

Human rights upheld(C) A mutually agreed procedure for calculating and distributing fair andgender-equal compensation (monetary or otherwise) is established andimplemented, monitored and evaluated in a participatory way, andcorrective actions taken as a result of this evaluation.
Evidence is available that equal opportunities are provided to both men
and women to hold land titles for small holdings

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 4: Respect community and human rights and deliver benefits

39Principle 4

RESPECT COMMUNITY AND HUMAN RIGHTS AND DELIVER BENEFITS

Criteria

Indicators

ToC Outcomes

4.6

Any negotiations concerning 4.6.4. The process and outcomes of any negotiated agreements, compensationcompensation for loss ofand payments are documented, with evidence of the participation oflegal, customary or user
affected parties, and made publicly available to them.
rights are dealt with througha documented system thatenables indigenous peoples,
local communities and otherstakeholders to express
their views through theirown
representative
institutions. (Continued)

Human rights upheld

4.7

Where
it
can
be 4.7.1
demonstrated that local
peopleshavelegal,
customary or user rights, 4.7.2
they are compensated forany agreed land acquisitions
andrelinquishmentofrights, subject to their FPIC 4.7.3
and negotiated agreements.

Human rights upheld

40(C) A mutually agreed procedure for identifying people entitled tocompensation is in place(C) A mutually agreed procedure for calculating and distributing faircompensation (monetary or otherwise) is in place and documented andmade available to affected parties

Communities that have lost access and rights to land for plantation
expansion are given opportunities to benefit from plantation
development.

Principle 4: Respect community and human rights and deliver benefits

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria
4.8

Indicators

ToC Outcomes

The right to use the land is 4.8.1
demonstrated and is notlegitimately contested by
local people who candemonstrate that they havelegal, customary, or user
rights.
4.8.2

Where there are or have been disputes, proof of legal acquisition of title
and evidence that mutually agreed compensation has been made to all
people who held legal, customary, or user rights at the time ofacquisition is available and provided to parties to a dispute, and that any
compensation was accepted following a documented process of FPIC.

4.8.3

Where there is evidence of acquisition through dispossession or forced
abandonment of customary and user rights prior to the current
operations and there remain parties with demonstrable customary andland use rights, these claims will be settled using the relevant
requirements (Indicators 4.4.2, 4.4.3 and 4.4.4)

4.8.4

For any conflict or dispute over the land, the extent of the disputed area
is mapped out in a participatory way with involvement of affected parties(including neighbouring communities where applicable).

Human rights upheld(C) Where land conflict exists, acceptable conflict resolution processes(see Criteria 4.2 and 4.6) are implemented and accepted by the parties
involved. In the case of newly acquired plantations, the unit ofcertification addresses any unresolved conflict through appropriate
conflict resolution mechanisms.

ddPrinciples and Criteria for the Production of Sustainable Palm Oil

Principle 4: Respect community and human rights and deliver benefits

41

Principle 5

SUPPORT SMALLHOLDER INCLUSION
Incluide smallholders in RSPO supply chains and improve their livelihoods through fair and transparent partnerships.

Criteria
5.1

The unit of certification
deals
fairlyandtransparently
withallsmallholders (Independentand Scheme) and other local
businesses.

Indicators

ToC Outcomes

5.1.1 Current and previous period prices paid for FFB are publicly available andaccessible by smallholders.
5.1.2(C) Evidence is available that the unit of certification regularly explains
the FFB pricing to smallholders.

5.1.3(C) Fair pricing, including premium pricing, when applicable, is agreed
with smallholders in the supply base and documented.

5.1.4(C) Evidence is available that all parties, including women andindependent representative organisations assisting smallholders where
requested, are involved in decision-making processes and understandthe contracts. These include those involving finance, loans/credits, andrepayments through FFB price reductions for replanting and/or othersupport mechanisms where applicable.

5.1.5

Contracts are fair, legal and transparent and have an agreed timeframe.

Inclusive access to benefits

5.1.6 (C) Agreed payments are made in a timely manner and receipts specifying
price, weight, deductions and amount paid are given.

42

Principle 5: Support smallholder inclusion

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria
5.1

5.2

Indicators

ToC Outcomes

The unit of certification 5.1.7
deals
fairlyandtransparently
withallsmallholders (Independent 5.1.8
and Scheme) and other local
businesses (Continued)

Weighing equipment is verified by an independient third party on aregular basis (this can be government.

5.1.9(C) The unit of certification has a grievance mechanism for smallholders
and all grievances raised are dealt with in a timely manner.

Inclusive access to benefits

The unit of certification supports Independent Smallholders withcertification, where applicable, ensuring mutual agreements between
the unit of certification and the smallholders on who runs the internal
control system (ICS), who holds the certificates, and who holds and sells
the certified material.

The unit of certification 5.2.1 The unit of certification consults with interested smallholders (irrespective
supports
improvedof type) including women or other partners in their supply base to assess
livelihoods of smallholders
their needs for support to improve their livelihoods and their interest inand their inclusion in
RSPO certification
sustainable palm oil value
chains.
5.2.2 The unit of certification develops and implements livelihood improvement
programmes, including at least capacity building to enhance
productivity, quality, organisational and managerial competencies, andspecific elements of RSPO certification (including the RSPO Standard forIndependent Smallholder).

Inclusive access to benefits

PROCEDURAL NOTE: The RSPO is currently developing a separate
standard for Independent Smallholders

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 5: Support smallholder inclusion

43

Principle 5

SUPPORT SMALLHOLDER INCLUSION

Criteria
5.2

Indicators

The unit of certification
supports
improved
livelihoods of smallholders
and their inclusion insustainable palm oil value
chains. (Continued)

44

ToC Outcomes

5.2.3

Where applicable, the unit of certification provides support tosmallholders to promote legality of FFB production.

5.2.4(C) Evidence exists that the unit of certification trains Scheme
Smallholders on pesticide handling.

5.2.5

The unit of certification regularly reviews and publicly reports on the
progress of the smallholder support programme.

Principle 5: Support smallholder inclusion

Inclusive access to benefits

Principles and Criteria for the Production of Sustainable Palm OilPrinciple 6

RESPECT WORKERS’ RIGHTS AND CONDITIONS
Protect workers’ rights and ensure safe and decent working conditions.

Criteria

Indicators

ToC Outcomes

6.1

6.1.1

(C) A publicly available non-discrimination and equal opportunity policy
is implemented in such a way to prevent discrimination based on ethnic
origin, caste, national origin, religion, disability, gender, sexual
orientation, gender identity, union membership, political affiliation orage.

Human rights upheld;
Safe and decent work

6.1.2.

(C) Evidence is provided that workers and groups including local
communities, women, and migrant workers have not been
discriminated against. Evidence includes migrant workers’ nonpayment of recruitment fees.

6.1.3

The unit of certification demonstrates that recruitment selection, hiring,access to training and promotion are based on skills, capabilities,
qualities and medical fitness necessary for the jobs available.

6.1.4

Pregnancy testing is not conducted as a discriminatory measure and is
only permissible when it is legally mandated. Alternative equivalent
employment is offered for pregnant women.

Any form of discrimination
is prohibited.

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 6: Respect workers’ rights and conditions

45

Principle 6

RESPECT WORKERS’ RIGHTS AND CONDITIONS

Criteria

Indicators

6.1

6.1.5 (C) A gender committee is in place specifically to raise awareness, identify
and address issues of concern, as well as opportunities andimprovements for women.

Any form of discrimination
is prohibited (Continued)

ToC Outcomes
Human rights upheld;
Safe and decent work

6.1.6 There is evidence of equal pay for the same work scope for work of equalvalue.
6.2

46

Pay and conditions for staff
and workers and forcontract workers always
meet at least legal orindustryminimum
standards and are sufficient
to provide decent living
wages (DLW)

6.2.1(C) Applicable labour laws, union and/or other collective agreements
and documentation of pay and conditions are available to the workers
in national languages and explained to them in a language they
understand.

6.2.2(C) Employment contracts and related documents detailing payments
and conditions of employment (e.g. regular working hours, deductions,overtime, sick leave, holiday entitlement, maternity leave, reasons for
dismissal, period of notice, etc. in compliance with national legal
requirements) and payroll documents give accurate information oncompensation for all work performed, including work done by family
members.

6.2.3(C). There is evidence of legal compliance for regular working hours,
deductions, overtime, sickness, holiday entitlement, maternity leave,
reasons for dismissal, period of notice and other legal labour
requirements.

Principle 6: Respect workers’ rights and conditions

Human rights upheld;
Safe and decent work

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria

Indicators

6.2

6.2.4

(C) The unit of certification provides adequate housing, sanitation
facilities, water supplies, medical, educational and welfare amenities tonational standards or above, where no such public facilities are available
or accessible. National laws, or in their absence the ILO Guidance on
Workers’ Housing Recommendation No. 115, are used. In the case of
acquisitions of non-certified units, a plan is developed detailing the
upgrade of infrastructure. A reasonable time (5 years) is allowed to
upgrade the infrastructure.

6.2.5

The unit of certification makes efforts to improve workers’ access toadequate, sufficient and affordable food.

6.2.6

A DLW is paid to all workers, including those on piece rate/quotas, forwhom the calculation is based on achievable quotas during regular
work hours.

Pay and conditions for staff
and workers and forcontract workers always
meet at least legal orindustryminimum
standards and are sufficient
to provide decent living
wages (DLW) (Continued)

ToC Outcomes

PROCEDURAL NOTE: The RSPO Labour Task Force will prepare guidanceon the DLW implementation, including details on how to calculate a
DLW, expected for 2019. The RSPO Secretariat will endeavour to carryout DLW country benchmarks for palm oil producing countries in which
RSPO members operate and for which no Global Living Wage Coalition(GLWC) benchmarks exist.
6.2.7

Permanent, full-time employment is used for all core work performedby the unit of certification. Casual, temporary and day labour is limited
to jobs that are temporary or seasonal.

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 6: Respect workers’ rights and conditions

47

Principle 6

RESPECT WORKERS’ RIGHTS AND CONDITIONS

Criteria

Indicators

ToC Outcomes

6.3

The unit of certification
respects the rights of all
personnel to form and jointrade unions of their choice
and to bargain collectively.
Where the right to freedomofassociation
andcollective bargaining are
restricted under law, theemployerfacilitatesparallelmeansofindependent and freeassociation and bargaining
for all such personnel.

6.3.1(C) A published statement recognising freedom of association and rightto collective bargaining in national languages is available and is explained
to all workers in languages that they understand, and is demonstrably
implemented.

Human rights upheld;
Safe and decent work

6.3.2

Minutes of meetings between the unit of certification with trade unions
or workers representatives, who are freely elected, are documented innational languages and made available upon request.

6.3.3

Management does not interfere with the formation or operation ofregistered unions/ labour organisations or associations, or other freely
elected representatives for all workers including migrant and contract
workers.

Childrenarenotemployed or exploited.

6.4.1

A formal policy for the protection of children, including prohibition ofchild labour and remediation is in place, and included into service
contracts and supplier agreements.

6.4

Human rights upheld;
Safe and decent work

6.4.2 (C) There is evidence that minimum age requirements are met. Personnel
files show that all workers are above the national minimum age or above
company policy minimum age, whichever is higher. There is adocumented age screening verification procedure.

48

Principle 6: Respect workers’ rights and conditions

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria
6.4

6.5

Childrenarenotemployed or exploited.
(Continued)

There is no harassment orabuse in the workplace,and reproductive rights
are protected.

Indicators

ToC Outcomes

6.4.3(C) Young persons may be employed only for non-hazardous work, withprotective restrictions in place for that work.

Human rights upheld;
Safe and decent work

6.4.4

The unit of certification demonstrates communication about its ‘no childlabour’ policy and the negative effects of child labour, and promotes
child protection to supervisors and other key staff, smallholders, FFB
suppliers and communities where workers live.

6.5.1(C) A policy to prevent sexual and all other forms of harassment andviolence is implemented and communicated to all levels of the workforce.

6.5.2(C) A policy to protect the reproductive rights of all, especially of women,
is implemented and communicated to all levels of the workforce.

6.5.3

Management has assessed the needs of new mothers, in consultation
with the new mothers, and actions are taken to address the needs thathave been identified.

6.5.4

A grievance mechanism, which respects anonymity and protects
complainants where requested, is established, implemented andcommunicated to all levels of the workforce.

Principles and Criteria for the Production of Sustainable Palm Oil

Human rights upheld;
Safe and decent work

Principle 6: Respect workers’ rights and conditions

49

Principle 6

RESPECT WORKERS’ RIGHTS AND CONDITIONS

Criteria

Indicators

ToC Outcomes

6.6

6.6.1

Human rights upheld;
Safe and decent work

No forms of forced ortrafficked labour are used(C) All work is voluntary and the following are prohibited:• Retention of identify documents or passports• Payment of recruitments fees
• Contract substitution• Involuntary overtime• Lack of freedom of workers to resign• Penalty for termination of employment• Debt bondage• Withholding of wages

6.6.2 (C) Where temporary or migrant workers are employed, a specific labour
policy and procedures are established and implemented.
6.7

50

The unit of certification
ensures that the working
environment under its
control is safe and without
undue risk to health.

6.7.1(C) There are records of regular meetings between the responsible
person(s) and workers. Concerns of all parties about health, safety andwelfare are discussed at these meetings, and any issues raised arerecorded.

6.7.2

Accident and emergency procedures are in place and instructions areclearly understood by all workers. Accident procedures are available in
the appropriate language of the workforce. Assigned operatives trainedin first aid are present in both field and other operations, and first aid
equipment is available at worksites. Records of all accidents are kept andperiodically reviewed.

Principle 6: Respect workers’ rights and conditions

6

Safe and decent work

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria

Indicators

6.7

6.7.3

(C) Workers use appropriate personal protective equipment (PPE), which
is provided free of charge to all workers at the place of work to cover all
potentially hazardous operations, such as pesticide application, machine
operations, land preparation, and harvesting. Sanitation facilities for
those applying pesticides are available, so that workers can change outof PPE, wash and put on their personal clothing.

6.7.4

All workers are provided with medical care and covered by accident
insurance. Costs incurred from work-related incidents leading to injury
or sickness are covered in accordance with national law or by the unit ofcertification where national law does not offer protection.

6.7.5

Occupational injuries are recorded using Lost Time Accident (LTA)
Disabling Injury Index (DII) metrics.

The unit of certification
ensures that the working
environment under its
control is safe and without
undue risk to health.
(Continued)

Principles and Criteria for the Production of Sustainable Palm Oil

ToC Outcomes
Safe and decent work

Principle 6: Respect workers’ rights and conditions

51

Impact Goal

PLANET: CONSERVED, PROTECTED AND ENHANCED ECOSYSTEMSTHAT PROVIDE FOR THE NEXT GENERATION
Principle 7

Objetives and outcome
PLANET

Ecosystems and their services are protected, restored
and resilient, supported by sustainable consumption
and production, and sustainable management of
natural resources (in line with SDG 15 – sustainably
manage forests, combat desertification, halt andreverse land degradation, halt biodiversity loss).

Protect, conserve andenhance ecosystems andthe environment

Climate change is addressed through continuous GHG
reductions; air and water pollution are controlled.
There is greater resilience in our food and fibre
production. The water and air are cleaner, and carbon
is drawn out of the air to regenerate soils for current
and future generations. Inputs decrease while yields
are maintained, or even improved.

52

Planet: Conserved, protected and enhanced ecosystems that provide for the next generation

Principles and Criteria for the Production of Sustainable Palm OilPrinciple 7

PROTECT, CONSERVE AND ENHANCE ECOSYSTEMS AND THE
ENVIRONMENT
Protect the environment, conserve biodiversity and ensure sustainable management of natural resources.

Criteria
7.1

7.2

Indicators

ToC Outcomes

Pests, diseases, weeds and 7.1.1
invasive introduced species
are effectively managed
using
appropriate 7.1.2
Integrated
Pest
andDiseases
Management(IPDM) techniques.
7.1.3(C) IPDM plans are implemented and monitored to ensure effective pest
and diseases control.

Pesticides are used in ways 7.2.1
that do not endanger healthofworkers,families,
communities
or
the
7.2.2
environment(C) Justification of all pesticides used is demonstrated. Selective products
and application methods that are specific to the target pest, weed ordisease are prioritized.

7.2.3(C) Any use of pesticides is minimised as part of a plan, eliminated where
possible, in accordance with IPDM plans.

Pollution reduced; Resource
use minimised; Productivity
optimisedSpecies referenced in the Global Invasive Species Database and CABI. org
are not to be used in managed areas, unless plans to prevent andmonitor their spread are implemented.
There is no use of fire for pests and diseases control unless in exceptional
circumstances, i.e. where no other effective methods exist, and withprior approval of government authorities from the competentenvironmental authority and as per the management plan registeredwith the ICA.
Reduced pollution; Resource
use minimised(C) Records of pesticides use (including active ingredients used and theirLD50, area treated, amount of active ingredients applied per ha andnumber of applications) are provided.

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 7: Protect, conserve and enhance ecosystems and the environment 53

Principle 7

PROTECT, CONSERVE AND ENHANCE ECOSYSTEMS AND THE ENVIRONMENT

Criteria
7.2

Pesticides are used in waysthat do not endanger
health of workers, families,
communities
ortheenvironment. (Continued)

Indicators

ToC Outcomes

7.2.4

There is no prophylactic use of pesticides, unless in exceptional
circumstances, as identified in national best practice guidelines

Reduced pollution; Resource
use minimised

7.2.5

Pesticides that are categorised as World Health Organisation Class 1A or
1B, or that are listed by the Stockholm or Rotterdam Conventions, andparaquat, are not used, unless in exceptional circumstances, as validated
by a due diligence process, or when authorised by government
authorities for pest or diseases outbreaks
The due diligence refers to:a) Judgment of the threat and verify why this is a major threat.
b) Why there is no other alternative which can be usedc) Which process was applied to verify why there is no other lesshazardous alternatived) What is the process to limit the negative impacts of theapplicatione) Estimation of the timescale of the application and steps taken

to limit application to the specific outbreak

54

Principle 7: Protect, conserve and enhance ecosystems and the environment

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria
7.2 Pesticides are used in waysthat do not endanger healthofworkers,families,
communities
ortheenvironment. (Continued)

Indicators

ToC Outcomes

7.2.6(C) Pesticides are only handled, used or applied by persons who havecompleted the necessary training and are always applied in accordancewith the product label. All precautions attached to the products areproperly observed, applied, and understood by workers (see Criterion
3.6). Personnel applying pesticides must show evidence of regular
updates on the knowledge about the activity they carry.

7.2.7(C) Storage of all pesticides is in accordance with recognised bestpractices and the current regulations.

Reducedpollution;
Resourceuse
minimised

7.2.8 All pesticide containers are managed properly disposed of and/or handled
responsibly according to current regulations if and are not used forother purposes.
7.2.9 (C) Aerial spraying of pesticides is prohibited, unless in exceptional
circumstances where no other viable alternatives are available or when
native species are used for biological control, as per the management
plan registered with the ICA.. This requires prior government authority
approval. All relevant information is provided to affected local
communities at least 48 hours prior to application of aerial spraying.
7.2.10 (C) Specific annual medical surveillance for pesticide operators, anddocumented action to treat related health conditions, is demonstrated
7.2.11 (C) No work with pesticides is undertaken by persons under the age of18, pregnant or breastfeeding women or other people that havemedical restrictions and they are offered alternative equivalent work.

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 7: Protect, conserve and enhance ecosystems and the environment

55

Principle 7

PROTECT, CONSERVE AND ENHANCE ECOSYSTEMS AND THE ENVIRONMENT

Criteria
7.3

Indicators

Waste is reduced, recycled, 7.3.1
reused and disposed of in anenvironmentally and socially
responsible manner.
7.3.2
7.3.3

7.4

56

ToC Outcomes

A waste management plan which includes reduction, recycling, reusing,and disposal based on toxicity and hazardous characteristics, isdocumented and implemented

Reduced pollution; Resource
use minimised

Proper disposal of waste material, according to procedures that are fully
understood by workers and managers, is demonstrated
The unit of certification does not use open fire for waste disposal

Practicesmaintainsoil 7.4.1
fertility at, or where possible
improve soil fertility to, alevel that ensures optimal
7.4.2
and sustained yield.

Good agricultural practices, as contained in SOPs, including covermanagement, are followed to manage soil fertility to optimise yield andminimise environmental impacts.

7.4.3

A nutrient recycling strategy is in place, which includes the recycling ofEmpty Fruit Bunches (EFB), Palm Oil Mill Effluent (POME), palm residues
and optimal use of inorganic fertilisers

7.4.4

Records of fertiliser inputs are maintained

Reducedpollution;
Resource use minimized;
Productivity optimised

Periodic tissue and soil sampling is carried out to monitor and managechanges in soil fertility and plant health.

Principle 7: Protect, conserve and enhance ecosystems and environment

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria
7.5

7.6

7.7

Practices minimise
controlerosiondegradation of soils.

Indicatorsand 7.5.1
and

ToC Outcomes(C) Maps identifying marginal and fragile soils, including steep terrain,
are available

7.5.2

There is no extensive replanting of oil palm on steep terrain

7.5.3

There is no new planting of oil palm on steep terrain

Soil surveys and topographic 7.6.1
information are used for siteplanning
intheestablishment
of
new
7.6.2
plantings, and the results areincorporated into plans andoperations.
7.6.3(C) To demonstrate the long-term suitability of land for oil palm
cultivation, soil maps or soil surveys identifying marginal and fragile soils,
including steep terrain, are taken into account in plans and operations

No new planting on peat, 7.7.1
regardless of depth after 15
November 2018 and all
peatlands are managed 7.7.2
responsibly(C) There is no new planting on peat regardless of depth after 15
November 2018 in existing and new development areas.

Ecosystems
protected;
Reducedpollution;
Productivity optimised

Ecosystems
protected;
Resourceuse
minimised;
Reduced pollution

Extensive planting on marginal and fragile soils, is avoided, or, if
necessary, done in accordance with the soil management plan for bestpractices.
Soil surveys and topographic information guide the planning of drainage
and irrigation systems, roads and other infrastructure.

Ecosystems
protected;
Reducedpollution;
Productivity optimised

Areas of peat within the managed areas are inventoried, documented
and reported (effective from 15 November 2018) to RSPO Secretariat.
PROCEDURAL NOTE: Maps and other documentation of peat soils areprovided, prepared and shared in line with RSPO Peatland Working
Group (PLWG) audit guidance (see Procedural Note for 7.7.5 below

Principles and Criteria for the Production of Sustinable Palm Oil

Principle 7: Protect, conserve and enhance ecosystems and the environment

57

Principle 7

PROTECT, CONSERVE AND ENHANCE ECOSYSTEMS AND THE ENVIRONMENT

Criteria
7.7

Indicators

No new planting on peat, 7.7.3
regardless of depth after 15
November 2018 and all 7.7.4
peatlands are managed
responsibly (Continued)
7.7.5

ToC Outcomes(C) Subsidence of peat is monitored, documented and minimised(C) A documented water and ground cover management programme isin place

Ecosystems
protected;
Reducedpollution;
Productivity optimised(C) For plantations planted on peat, drainability assessments are
conducted following the RSPO Drainability Assessment Procedure, orother RSPO recognised methods, at least five years prior to replanting.
The assessment result is used to set the timeframe for future replanting,as well as for phasing out of oil palm cultivation at least 40 years, or two
cycles, whichever is greater, before reaching the natural gravity
drainability limit for peat. When oil palm is phased out, it is replaced withcrops suitable for a higher water table (paludiculture) or rehabilitatedwith natural vegetation
PROCEDURAL NOTE: Full details of the RSPO Drainability Assessment
Guidelines and related concepts and detailed actions are in the manualcurrently being fine-tuned/tested by PLWG. A final version should beapproved by PLWG in January 2019 and will include additional guidanceon the steps to be followed after the decision not to replant as well as
implications for other stakeholders, smallholders, local communities andthe unit of certification.

58

Principle 7: Protect, conserve and enhance ecosystems and the environment

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria
7.7

Indicators

No new planting on peat,
regardless of depth after 15
November 2018 and all
peatlands are managed
responsibly (Continued)

ToC Outcomes

It is recommended that a further twelve-month methodology trial
period is proposed for all related management units (i.e. those withplantations on peat) to utilise the methodology and provide feedback
to the PLWG to enable further refinement of procedure as appropriate
before January 2020. Units of certification have the option to defer
replanting till after the availability of the revised guidelines. Additional
guidance on alternative crops and rehabilitation of natural vegetation
will be provided by PLWG.

Ecosystems
protected;
Reducedpollution;
Productivity optimised

PROCEDURAL NOTE: PLWG and the Smallholder Interim Group (SHIG)
will collaboratively develop guidance for Independent Smallholders[cross links to SHIG and GHG issues].

7.7.6(C) All existing plantings on peat are managed according to the ‘RSPO
Manual on Best Management Practices (BMPs) for existing oil palm
cultivation on peat’, version 2 (2018) and associated audit guidance

7.7.7(C) All areas of unplanted and set-aside peatlands in the managed area
(regardless of depth) are protected as “peatland conservation areas”;
new drainage, road building and power lines by the unit of certificationon peat soils is prohibited; peatlands are managed in accordance withthe ‘RSPO BMPs for Management and Rehabilitation of Natural
Vegetation Associated with Oil Palm Cultivation on Peat’, version 2(2018) and associated audit guidance.

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 7: Protect, conserve and enhance ecosystems and the environment

59

Principle 7

PROTECT, CONSERVE AND ENHANCE ECOSYSTEMS AND THE ENVIRONMENT

Criteria
7.8

Indicators

Practicesmaintainthe 7.8.1
quality and availability ofsurface and groundwater.

ToC Outcomes

A water management plan is in place and implemented to promote
more efficient use and continued availability of water sources and to
avoid negative impacts on other users in the catchment. The planaddresses the following:a)

Ecosystems
protected;
Reduced pollution; Resource
use minimised

The unit of certification does not restrict access to clean water orcontribute to pollution of water used by communitiesb) Workers have adequate access to clean water.

7.8.2(C) Water courses and wetlands are protected, including maintaining
and restoring appropriate riparian and other buffer zones in line withcurrent regulations and ‘RSPO Manual on BMPs for the management
and rehabilitation of riparian reserves’ (April 2017)

7.8.3

Mill effluent is treated to be in compliance with national regulations.
Discharge quality of mill effluent, especially Biochemical Oxygen
Demand (BOD), is regularly monitored

7.8.4

Mill water use per tonne of FFB is monitored and recorded

7.9

Efficiency of fossil fuel use 7.9.1
and the use of renewableenergy is optimised

A plan for improving efficiency of the use of fossil fuels and to optimize
renewable energy is in place, monitored and reported

60

Principle 7: Protect conserve and enhance ecosystems and environment

Ecosystems
protected;
Reduced pollution; Resource
use minimised

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria
7.10

7.11

Indicators

ToC Outcomes

Plans to reduce pollution 7.10.1
and emissions, including
greenhouse gases (GHG),(C) GHG emissions are identified and assessed for the unit ofcertification. Plans to reduce or minimise them are implemented,
monitored through the Palm GHG calculator and publicly reported.

aredeveloped, 7.10.2
implemented
andmonitoredandnewdevelopments are designedtominimiseGHG
emissions.

(C) Starting 2014, the carbon stock of the proposed development areaand major potential sources of emissions that may result directly fromthe development are estimated and a plan to minimise them preparedand implemented (following the RSPO GHG Assessment Procedure for
New Development).

7.10.3(C) Other significant pollutants are identified and plans to reduce or
minimise them implemented and monitored

Fire is not used for preparing 7.11.1
land and is prevented in the
7.11.2
managed area.

7.11.3(C) Land for new planting or replanting is not prepared by burning

Reduced pollution

Ecosystems
protected;
Reduced pollution

The unit of certification establishes fire prevention and control
measures for the areas directly managed by the unit of certification.
The unit of certification engages with adjacent stakeholders on fire
prevention and control measures.

PROCEDURAL NOTE for 7.12
The 2018 RSPO P&C include new requirements to ensure the effective contribution of RSPO to halting deforestation. This will be achieved byincorporating the High Carbon Stock Approach (HCSA) Toolkit in the revised standard
The RSPO ToC also commits RSPO to balancing sustainable livelihoods and poverty reduction with the need to conserve, protect and enhance
ecosystems.
High Forest Cover Countries (HFCCs) urgently require economic opportunities that enable communities to choose their own development path, whileproviding socio-economic benefits and safeguards.

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 7: Protect, conserve and enhance ecosystems and the environment

61

Principle 7

PROTECT, CONSERVE AND ENHANCE ECOSYSTEMS AND THE ENVIRONMENTPROCEDURE NOTE for 7.12 (Continued)
Adapted procedures will be developed to support the sustainable development of palm oil by indigenous peoples and local communities with legal or
customary rights. These will apply in specific HFCCs, and within those, in High Forest Cover Landscapes (HFCLs).
The development of these procedures will be guided by a No Deforestation Joint Steering Group (NDJSG) of RSPO and HCSA members. In HFCCs, RSPO
will work through national and local participatory processes with governments, communities and other stakeholders to develop these procedures. A
timeframe for these activities is stipulated in the Terms of Reference for the NDJSG and publicly available

Criteria
7.12

62

Indicators

Land clearing does not cause 7.12.1
deforestation or damage
any area required to protectorenhance
High
Conservation Values (HCVs)
or High Carbon Stock (HCS)
forest. HCVs and HCS forestsin the managed area are
identified and protected orenhanced

ToC Outcomes(C) Land clearing since November 2005 has not damaged primary forest
or any area required to protect or enhance HCVs. Land clearing since
15 November 2018 has not damaged HCVs or HCS forests.

Ecosystems protected

A historic Land Use Change Analysis (LUCA) is conducted prior to any
new land clearing, in accordance with the RSPO LUCA guidance
document

Principle 7: Protect conserve and enhance ecosystems and environment

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria

Indicators

ToC Outcomes

7.12

7.12.2 (C) HCVs, HCS forests and other conservation areas are identified asfollows:

Ecosystems protected

Land clearing does notcause deforestation ordamage any area required
to protect or enhance High
Conservation Values (HCVs)
or High Carbon Stock (HCS)
forest. HCVs and HCS
forests in the managed area
are identified and protectedor enhanced. (Continued)a)

For existing plantations with an HCV assessment conducted by an
RSPO-approved assessor and no new land clearing after 15
November 2018, the current HCV assessment of those plantations
remains valid.

b) Any new land clearing (in existing plantations or new plantings)
after 15 November 2018 is preceded by an HCV-HCS assessment,using the HCSA Toolkit and the HCV-HCSA Assessment Manual. This
will include stakeholder consultation and take into account wider
landscape-level considerations.
PROCEDURAL NOTE for 7.12.2: For details of transitional measures,refer to Annex 5: RSPO transition from HCV assessments to HCV-HCSA
assessments.
7.12.3(C) In High Forest Cover Landscapes (HFCLs) within HFCCs, a specificprocedure will apply for legacy cases and development by indigenous
peoples and local communities with legal or customary rights, taking
into consideration regional and national multi-stakeholder processes.
Until this procedure is developed and endorsed, 7.12.2 applies.

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 7: Protect, conserve and enhance ecosystems and the environment

63

Principle 7

PROTECT, CONSERVE AND ENHANCE ECOSYSTEMS AND THE ENVIRONMENT

Criteria
7.12

Land clearing does not cause
deforestation or damage any
area required to protect orenhance High Conservation
Values (HCVs) or High
Carbon Stock (HCS) forest.
HCVs and HCS forests in the
managed area are identified
and protected or enhanced.
(Continued)

Indicators

ToC Outcomes

PROCEDURE NOTE para 7.12.3: There should be demonstrable benefits
to the local community; clear recognition of legal and customary lands
based on participatory land use planning; development should be
proportional to the needs of the local community; with a balance
between conservation and development. This procedure will also coverplanting on previous or abandoned agricultural land / plantations. Allother P&C requirements apply, including FPIC and HCV requirements.

Ecosystems protected

7.12.4 (C) Where HCVs, HCS forests after 15 November 2018, peatland and otherconservation areas have been identified, they are protected and/ or
enhanced. An integrated management plan to protect and/or enhance
HCVs, HCS forests, peatland and other conservation areas is developed,
implemented and adapted where necessary, and contains monitoring
requirements. The integrated management plan is reviewed at least
once every five years. The integrated management plan is developed inconsultation with relevant stakeholders and includes the directly
managed area and any relevant wider landscape level considerations(where these are identified).
7.12.5 Where rights of local communities have been identified in HCV areas,
HCS forest after 15 November 2018, peatland and other conservation
areas, there is no reduction of these rights without evidence of anegotiated agreement, obtained through FPIC, encouraging theirinvolvement in the maintenance and management of these
conservation areas.

64

Principle 7: Protect conserve and enhance ecosystems and environment

Principles and Criteria for the Production of Sustainable Palm Oil

Criteria

Indicators

7.12

7.12.6 All rare, threatened or endangered (RTE) species are protected, whether
or not they are identified in an HCV assessment. A programme toregularly educate the workforce about the status of RTE species is inplace. Appropriate disciplinary measures are taken and documented inaccordance with company rules and national law if any individual
working for the company is found to capture, harm, collect, trade,
possess or kill these species.

Land clearing does notcause deforestation ordamage any area required
to protect or enhance High
Conservation
Values(HCVs) or High Carbon
Stock (HCS) forest. HCVs
and HCS forests in the
managedarea
areidentified and protected orenhanced. (Continued)

ToC Outcomes
Ecosystems protected

7.12.7 The status of HCVs, HCS forests after 15 November 2018, other natural
ecosystems, peatland conservation areas and RTE species is monitored.
Outcomes of this monitoring are fed back into the management plan.
7.12.8 (C) Where there has been land clearing without prior HCV assessment
since November 2005, or without prior HCV-HCSA assessment since 15
November 2018, the Remediation and Compensation Procedure (RaCP)
applies

Principles and Criteria for the Production of Sustainable Palm Oil

Principle 7: Protect, conserve and enhance ecosystems and the environment

65

ANNEX 1: DEFINITIONSTermDefinition

SourceWorkplace Harassment

Workplace harassment is understood as every persistent and demonstrable behavior
exercised over an employee or worker by an employer, boss or immediate or equal
hierarchical supervisor, a colleague or subordinate, aimed at inspiring fear, intimidation,
terror or anguish, causing work damages, create motivational distress in the workplace
or influence their resignation.

Law 1010/2006, Article 2.

Sexual Harassment

The physical or verbal harassment, persecution, or abuse of a person with nonconsensual sexual purposes by another person, for its own benefit or that of a third
party, by using his or her explicit superiority or authority relationships, or his or her
power, age, sex, or work positions, or the social, family or economic position.

Law 1257/2008, Article 29.

Accreditation

The “certification” by the certification body is referred to as “accreditation.” An
accreditation body is a third-party body in charge of conducting the accreditation of acertification body.

Food
and
Agriculture
Organization of the United
Nations
FAO(http://www.fao.org/docrep/0
04/ad094s/ad094s03.htm)

Voluntary isolation

Indigenous peoples in voluntary isolation are indigenous peoples or segments ofindigenous peoples who do not maintain sustained contacts with the majority nonindigenous population, and who generally reject any type of contact with persons notpart of their own people. They may also be peoples or segments of peoples previously
contacted and who, after intermittent contact with the nonindigenous societies, havereturned to a situation of isolation and break the relations of contact that they may
have had with those societies. In line with the principle of FPIC, RSPO prohibits oil palm
expansion in these peoples’ territories.

Inter-American Commission on
Human Rights, Indigenous
Peoples in Voluntary Isolation
and Initial Contact in theAmericas, 2013

Principles and Criteria for the Production of Sustainable Palm Oil

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66

Annex 1

DEFINITIONSTermDefinition

SourceProductivas

Conjuntos de relaciones y arreglos formales entre productores de bienes agropecuarios
asociados con comercializadores, agroindustriales y organismos de apoyo, públicos oprivados, cuyo propósito es expandir empresarialmente las áreas de cultivo de tardío
rendimiento y actualizar tecnológicamente a las unidades de productores que operan
fincas pequeñas.

Balcázar, Cano, Castillo,
Giraldo [2005] Estudio sobre
caracterización de alianzas
estratégicas en palma deaceite en Colombia. ICAHigh Conservation Value(HCV) areas:

The areas necessary to maintain or enhance one or more High Conservation Values(HVCs):

Alianzas
Estratégicas

HCV 1 – Species diversity; Concentrations of biological diversity including endemic
species, and rare, threatened or endangered (RTE) species, that are significant at global,
regional or national levels.

High Conservation Value
Resource Network (HCVRN)
CommonGuidancefor
Identification of HCVs 2017

HCV 2 – Landscape-level ecosystems, ecosystem mosaics and Intact Forest Landscapes(IFL); Large landscape-level ecosystems, ecosystem mosaics and IFL that are significant
at global, regional or national levels, and that contain viable populations of the great
majority of the naturally occurring species in natural patterns of distribution andabundance.
HCV 3 – Ecosystems and habitats; RTE ecosystems, habitats or refugia.

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions

67

Term

Definition

SourceHigh Conservation Value(HCV) areas: (Continued)

HCV 4 – Ecosystem services; Basic ecosystem services in critical situations, including
protection of water catchments and control of erosion of vulnerable soils and slopes.

High Conservation Value
Resource Network (HCVRN)
CommonGuidancefor
Identification of HCVs 2017

HCV 5 – Community needs; Sites and resources fundamental for satisfying the basic
necessities of local communities or indigenous peoples (for livelihoods, health,nutrition, water, etc.), identified through engagement with these communities orindigenous peoples
HCV 6 – Cultural values; Sites, resources, habitats and landscapes of global or national
cultural, archaeological or historical significance, and/or of critical cultural, ecological,
economic or religious/sacred importance for the traditional cultures of local
communities or indigenous peoples, identified through engagement with these local
communities or indigenous peoples.

Managed area

The land containing oil palm and associated land uses such as infrastructure (e.g. roads),
riparian zones and conservation set-asides

P&C Review 2018

Protected Area

A geographically defined area that has been appointed or regulated and managed toachieve specific conservation objectives.

Decree 2372/2010, article 2.

Transportation allowance

The employers in the Municipalities where the allowance is required in the opinion of
the Government due to the transportation conditions, the employer shall pay every
employee whose remuneration does not exceed one thousand and five hundred pesos($1,500.00) per month, a transportation allowance to travel from their residences tothe workplace. Regarding this allowance, the Government may establish the total orpartial exemptions it considers appropriate, as well as grading their payment under ascale for salaries, number of employees, or equity of the respective workshop, businessor company.

Law 1559/1959, Article 2.

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions

68

Annex 1

DEFINITIONSTermDefinition

SourceHigh Carbon Stock forest

Forests that have been identified using the High Carbon Stock Approach (HCSA) Toolkit

HCSA
websitewww.highcarbonstock.org

Capacity to Work

Every person who is at least eighteen (18) years of age shall have the capacity to enter
into an individual employment contract.

Substantive Labor Code, article
29.

Capacitar

Acción y efecto que permite fortalecer competencias para desarrollar alguna(s)actividad(es) o función(es) específica (s). En la capacitación lo que se busca es que elcapacitado mejore su productividad y/o calidad de vida.

“Unidades de Asistencia y
Auditoría Técnica, Ambiental ySocial (UAATAS) en núcleos
palmeros".
Fedepalmay
Cenipalma. 2010

Protected Areas Categories

The categories for protected areas comprising the National Protected Areas System(SINAP, for its acronym in Spanish), are:Decree 2372/2010, article 10.

Public protected areas:

a)
b)
c)
d)
e)
f)

Those included in the National Natural Parks System
Protection Forests Reserves
Regional Natural Parks
Integrated Management Districts
Soil Conservation Districts
Recreation Areas

Private Protected Areasg)

Civil Society Natural Reserves

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions

69

Term

Definition

SourceIndigenous Community

A group of individuals or families with indigenous ancestry, who are the holders offundamental rights; (ii) these rights are not equal to the individual rights of each of its
members, nor to their sum; and (iii) the rights of the indigenous communities are notassimilable to the collective rights of other human groups.

Judgment T-601 of 2011.

Afro Communities

The group of families with Afro-Colombian ancestry, who have their own culture, sharea history and have their own traditions and customs as part of the rural-urban
relationships, which show and maintain an awareness of the identity that differentiates
them from other ethnic groups.

Law 70/1993

Free, Prior and Informed
Consent

The principle under which a community has the right to give or withhold its consent toa proposed project that may affect the lands they own and occupy in a customary way.

FAO (2014): Respecting freeprior and informed consent:
practical
guidelines
forgovernments,
companies,
NGOs, indigenous peoples andlocal communities in relation toland acquisition. Governance of
tenure technical guide No. 3.

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions

70

Annex 1

DEFINITIONSTermDefinition

SourcePrior Consultation

Means the fundamental rights of indigenous peoples and other ethnic groups whenever(administrative or legislative) measures are taken or whenever projects, works oractivities will be conducted within their territories, aimed at protecting their cultural,social and economic integrity, and ensuring their right to participation.

ILO Convention 169

Significant pollutant

Chemical or biological substances which have a substantial adverse impact on water, airor land quality including POME, sewage, and other wastewater, sediment, fertiliser,
pesticides, fuels and oil, air pollutants, as guided by national regulations andinternational standards.

P&C Review 2018

Contractor

The individual or legal persons who hire the performance of one or several works, orthe provision of services to the benefit of third parties for an agreed price and assuming
all the risks to perform them with their own means and with technical and managerial
freedom and autonomy shall be considered as independent contractors and, therefore,
actual employers and not representatives or intermediaries. However, the benefit of
the work or the works owner, except in the case of unusual works considering theregular activities of its company or business, shall be jointly liable with the contractor
for the value of the salaries, benefits and indemnifications to which the employees areentitled. This liability shall not be enough for the beneficiary to agree the relevant
guarantees with the contractor, or to repeat the payments to said employees against
the former.

Substantive Labor Code, article
34.

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions

71

Term

Definition

SourceContract

An employment contract is that whereby a natural person agrees to provide personal
services to another natural or legal person under continuous dependency orsubordination to the latter and through remuneration.

Substantive Labor Code, article
22.

Biological Control

Pest control strategy that includes the use of natural enemies, antagonists, competitors,
or other biological control agents.

ICA,
https://www.ica.gov.co/getattachment/5491c441-fc40-4a4c800ee5efb6177b86/2017R17848.aspx

A collective labor agreement is the agreement subscribed between one or several
employers or employer associations, on the one hand, and one or several employee
unions or union federations, on the other, to set the conditions that will govern theemployment agreement during its term.

Substantive Labor Code, article
467.

Collective
Agreement

Outgrowers

Recruitment fees

Labor

Farmers, where the sale of FFB is exclusively contracted to the unit of certification.
Outgrowers may be smallholders.
Recruitment fees pertain to costs and expenses associated with the recruitment andhiring of the worker, i.e. recruiter and agent service fees, documents processing,
employer-required skills and medical testing, training, documentation, visa, work
permits, transportation (from sending country to point of entry, and return),
administrative and overhead costs.

Principles and Criteria for the Production of Sustainable Palm Oil

P&C 2013

Dhaka Principles and ILO 181

Annex 1. Definitions

72

Annex 1

DEFINITIONSTermDefinition

SourceIn good faith

The principle of good faith implies that the parties make every effort to reach an
agreement, conduct genuine and constructive negotiations, avoid unjustified delays innegotiations, respect agreements concluded and applied in good faith, and give
sufficient time to discuss and settle collective disputes. In the case of multinational
enterprises, such companies should not threaten to transfer the whole or part of an
operating unit from the country concerned in order to unfairly influence negotiations.

ILO Q&As on business andcollective bargaining

Due diligence

Human Rights Defenders(HRD)

A risk management process implemented by a company to identify, prevent, mitigate,
and account for how it addresses environmental and social risks and impacts in its
operations, supply chains, and investments.

Draft AFI (July 2018)

Individuals, groups and associations who promote and protect universally recognised
human rights and contribute to the effective elimination of all forms of violations ofhuman rights and fundamental freedons of individuals and peoples. This definition
includes Environmental HRD, whistleblowers, complainants and community
sopokespersons. This definition does not include those individuals who commit orpropagate violence.

RSPO policy on the protectionof
HRD,
Whistleblowers,
Complainants and Community
Spokesmen (endorsed by BoG
on 24 Sept 2018)

Principles and Criteria for the Production of Sustainable Palm Oil

Always refer to latest AFI
definition

Annex 1. Definitions

73

Term

Definition

SourceDeforestation

Loss of natural forest as a result of:

Draft
Accountability
Framework (AFI) (July 2018).
Refer to latest AFI definitioni. Conversion to agriculture or other non-forest land use;
ii. Conversion to a plantation forest; oriii. Severe and sustained degradation.

Whistleblower

Individuals who are employees or former employees who report on illegal, irregular,
dangerous or unethical practices or actions by employers which contravene RSPO Codeof Conduct and related key documents and who may potentially be at risk of reprisal.
This includes individuals who are outside the traditional employee- employer
relationship, such as contract workers, temporary workers, consultants, contractors,
trainees/interns, volunteers, student workers and former employees

RSPO policy on the protectionof
HRD,
Whistleblowers,
Complainants and Community
Spokesmen (endorsed by BoG
on 24 September, 2018)

Right to a Decent Life

Colombia, as a social State based on the rule of law, is based on the respect to thehuman dignity. Dignity means that every person is entitled to a special treatment for
the fact of being such. It is equal to the power of every person to demand a treatment
from others in accordance to his or her human condition.

Judgment
SU-062/99,
Constitutional Court

Principles and Criteria for the Production of Sustainable Palm Oil

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74

Annex 1

DEFINITIONSTermDefinition

SourceRightsRights are legal, social, or ethical principles of freedom or entitlement, in accordancewith the International Bill of Rights, and other relevant international human rights
instruments including the UN Declaration on the Rights of Indigenous Peoples, UN
Guiding Principles on Business and Human Rights, The Global Compact for Safe, Orderly
and Regular Migration.

P&C 2013

1. Customary rights: Patterns of long-standing community land and resource usage inaccordance with indigenous peoples’ customary laws, values, customs and traditions,
including seasonal or cyclical use rather than formal legal title to land and resources
issued by the State.

UN Refugees & Migrants,
Global Compact for safe,
Orderly and Regular Migration,
2018
World Bank Operational Policy
4.10
From FSC Principles & Criteria

2. Legal rights: Rights given to individual(s), entities and others through applicable local,
national or ratified international laws and regulations.
3. User rights: Rights for the use of land and resources that can be defined by local
custom, mutual agreements, or prescribed by other entities holding Access rights.
4. Demonstrable rights: Indigenous peoples, local communities and users may haveinformal or customary rights in land that are not registered or recognised by thegovernment or national laws. Demonstrable rights are distinguished from spurious
claims by direct engagement with local communities, so they have adequate
opportunities to justify their claims, and are best ascertained through participatory
mapping with the involvement of neighbouring communities.

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions75

Término

Definition

FuenteSustainable Development

Sustainable development if the type of development leading to economic growth, anincreased quality of life and social wellbeing without exhausting the base of therenewable natural resources that supports them nor damaging the environment or theright of future generations to use it to meet their own needs.

Rio Declaration on Environmentand Development

Land Clearing

Conversion of land from one land use to another. Clearing actively managed oil palm
plantation to replant oil palm is not considered land clearing. Within existing certified
units, clearing of less than 10 ha is not considered new land clearing.

P&C Review 2018

Workplace Discrimination

Workplace and labor discrimination is equal to treating people differently and in an
unfavorable manner due to criteria such as race, sex, skin color, religion, political ideas
or social origin, without any consideration to the merits or qualifications required forthe relevant position. Workplace discrimination is also a violation to the human rights,
which represents a waste of talents with negative effects on productivity and economic
growth. The discrimination causes socioeconomic inequalities, which affect thesolidarity and social cohesion and hinder the reduction of poverty.

International
Organization - ILO

Management documents

Management documents are documented information and evidence to interact with
the RSPO P&C. It shall be in the form of manual, working procedures, report and records
that subject to be audited and reviewed periodically.

ISO
9001
QMS
https://advisera.com

Eminent
domainexpropriation

Eminent domain is the statutory power of governments to expropriate private property
for public use or in the national interest, usually with the payment of compensationaccording to rates defined by law. Expropriation implies divesting persons of theirproperty without requiring their agreement or consent.

P&C Review 2018

andPrinciples and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions

Labor

–

76

Annex 1

DEFINITIONSTermDefinition

SourceWork equipment

Every employer who usually employees one (1) or more permanent employees shallprovide, at no cost and every four (4) months, one (1) pair of shoes, one (1) set of work
wear to the employees whose monthly remuneration is up to two (2) months thehighest current minimum wage. The employee who, as of the date of provision of theshoe wear and work wear has been working for the employer for more than (3) months
shall be entitled to this benefit.

Substantive Labor Code, article
230.

Natural ecosystems

All land with natural, native vegetation, including but not limited to native forests,
riparian vegetation, natural wetlands, peatlands, grasslands, savannahs and prairies.

P&C Review 2018

Landscape level

The size of a landscape may be determined by (a) identifying the watershed or thegeographical land unit containing a cluster of interacting ecosystems; (b) selecting a unit
size that encompasses the plantation concession and a buffer of the surrounding area
(e.g. 50,000 ha or 100,000 ha); or (c) using a radius of 5 km from the area of interest(i.e. planned concession boundaries).

HCV-HCSA Assessment Manual
2017

Rare,
threatenedorendangered (RTE) species

Species as defined by the High Conservation Value Resource Network (HCVRN)HCVRN Common Guidance for
the Identification of HCVs

Social and Environmental
Impact Assessment (SEIA)

An analysis and planning process to be carried out prior to new plantings or operations.
This process incorporates relevant environmental and social data, as well as stakeholder
consultations, in order to identify potential impacts (both direct and indirect) and to
determine whether these impacts can be satisfactorily addressed, in which case theproponent also defines specific actions to minimise and mitigate potential negative
impacts.

P&C Review 2018

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions

77

Term

Definition

SourceRisk Assessment

A systematic process of identifyng and evaluating the potential riskc that may be
involved in a projected activity or undertaking. It enables a weighing up of whether
enough precautions are in place or whether more should be done to prevent harm to
those at risk, including workers and members of the public.

Adapted from ILO, A 5 step
guide for employers, workers
and their representatives on
conducting workplace risk
assessments, 2014

Family Farm.
A farm operated and mostly owned by a family, for the growing of oil palm, sometimes
along with subsistence production of other crops, and where the family provides the
majority of the labour used. Such farms provide the principal source of income, and theplanted area of oil palm is below 50 ha in size. Work by children is acceptable on family
farms, under adult supervision; when not interfering with education programmes;
when children are part of the family and when they are not exposed to hazardous
working conditions.

P&C 2013

Workforce

The total number of workers employed by the management unit either directly or
indirectly. This includes contract workers and consultants

P&C 2013

Greenhouse gas

Greenhouse gases (GHGs) are those gaseous constituents of the atmosphere, bothnatural and anthropogenic, that absorb and emit radiation at specific wavelengths
within the spectrum of thermal infrared radiation emitted by the Earth’s surface, theatmosphere itself, and by clouds.

Intergovernmental Panel on
Climate Change (IPCC) Data
Distribution Centre

GHGs are measured in terms of their global warming potential – the impact a GHG hason the atmosphere expressed in the equivalent amount of carbon dioxide CO2 (CO2e).
Greenhouse gases regulated by the Kyoto Protocol include: carbon dioxide (CO2),methane (CH4), nitrous oxides (N2O), Hydrofluorocarbons (HFCs), perfluorocarbons(PFC), and sulphur hexafluoride (SF3).

Principles and Criteria for the Production of Sustainable Palm Oil

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78

Annexo 1

DEFINITIONSTermDefinition

SourceVulnerable groups

Any group or sector of society that is at higher risk or being subjected to social exclusion,
discriminatory practices, violence, natural or environmental disaster, or economic
hardship than other groups, such as indigenous peoples, ethnic minorities, migrants,
disabled people, the homeless, isolated elderly people, women and children.

P&C Review 2018

Overtime

Or supplementary work, it that which exceeds the ordinary working day and, in any
case, that which exceeds the maximum legal working hours.

Substantive Labor Code, article
159.

Gender equalThis refers to the equal rights, responsibilities and opportunities of women and men,and girls and boys.

UN Women, OSAGI Gender
Mainstreaming - Concepts anddefinitions

Environmental Impact

Any affectation to the biotic, abiotic, and socioeconomic environment, which is adverseor beneficial, total or partial, and which may be attributed to the development of a
project, work or activity.

Decree 2041/2014, issued by
the Ministry of Environment
and Sustainable Development

Social Impact

It is the influence of a company in its environment as a result of their operations. The
corporate decisions affect their environment, and especially their stakeholders withwhom they relate. Such influence is beneficial in most cases, but it may also be harmful.

Catromán Diz, Jorge Luis. La
Responsabilidad Social de la
Empresa: impacto social,comportamiento empresariale
information
pública.
Universidad Santiago deCompostela.

Principles and Criteria for the Production of Sustainable Palm Oil

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79

Term

Definition

SourceUndue influence

The exertion by a third party of any kind of control such that a person signs a contract
or other agreement which, absent the influence of the third party, he would not havesigned.

P&C 2013

andIntimidation and harassment include loss of income due to/resulting in organisational
restrictions, threats of dismissal from employment, restrictions on travel, restrictions to
the environment in which the HRDs operate, deliberate obstruction to holding of
meetings between HRDs, hostility within the community the HRDs lives as claims may
be seen to jeopardise the community’s honour and culture (this may especially be thecase with women HRDs). More serious measures include character assassination of
HRDs, discrediting, defamation campaigns, arbitrary use of security forces, surveillance,
SLAPP suits (Strategic Lawsuits against Public Participation) due to his or her work
and/or in the course of his/her activities, threats of physical violence and death threats.
Special attention is needed to avoid gender-specific violence such as rape or threats ofsexual violence used to silence women.

P&C Review 2018

Integrated Disease andPest Management (IDPM)

The IDPM is the careful consideration of all available pest control techniques and thesubsequent integration of appropriate measures that discourage the development ofpest populations and keep pesticides and other interventions to levels that areeconomically justified and reduce or minimize risks to human health and theenvironment. The IDPM emphasizes the growth of a healthy crop with the least possible
disruption to agro-ecosystems and encourages natural pest control mechanisms.

P&C 2013

Intimidation
harassment

Principles and Criteria for the Production of Sustainable Palm Oil

FAO
2013
http://www.fao.org/agriculture/crops/thematicsitemap/theme/pests/ipm/en/

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80

Annex 1

DEFINITIONS

Term
DisputeMechanisms

Livelihood

Resolution

Definition

Source“Individuals may occasionally be attributed with the duty of administering justice asconciliators or arbitrators authorized by the parties to issue rulings under law or underequity, under the terms provided in the law”[1][1]Political“Alternative sentencing. The law may establish mechanisms different to the judicial
proceeding to solve the conflicts arising between associates, and shall establish thecases on which charging fees for these is applicable”[2].

[2] Law 27’/1996 “Statutory Law“On the exercise of jurisdictional duties by other authorities and by individuals. Pursuant
to the Political Constitution, the following people may exercise jurisdictional duties: 3.
Individuals, acting as conciliators or arbitrators authorized by the parties, on matterssubject to settlement, pursuant to the procedures provided in the law. In the case ofarbitration, the special laws on each matter shall establish the rules of the proceeding,
without prejudice to those agreed by the individuals. As provided in the law, thearbitrators may issue their rulings under law or in equity”[3].

[3]Law 270/1996. Statutory Law

A person’s or a group’s way of making a living, from their environment or in theeconomy, including how they provision their basic needs and assure themselves andfollowing generations secure access to food, clean water, health, education, housing
and the materials needed for their life and comfort either through their own direct use
of natural resources or through exchange, barter, trade or engagement in the market.
.

P&C 2013

Principles and Criteria for the Production of Sustainable Palm Oil

ConstitutionofColombia., Article 116 Paragraph 4.
of Justicearticle 8.
of Justicearticle 13.

Administration”,

Administration,

Annex 1. Definitions

81

Term

Definition

SourceLivelihood (Continued)

A livelihood includes not just access to resources but the knowledge and institutions
that make this possible such as time for community participation and integration,
personal, local or traditional ecological knowledge, skills, endowments and practices,
the assets that are intrinsic to that way of making a living (e.g. farms, fields, pastures,
crops, stock, natural resources, tools, machinery and intangible cultural properties) andtheir position in the legal, political and social fabric of society.

P&C 2013

The risk of livelihood failure determines the level of vulnerability of a person or a group
to income, food, health and nutritional insecurity. Therefore, livelihoods are secure
when they have secure ownership of, or access to, resources and income earning
activities, including reserves and assets, to offset risks, ease shocks and meet
contingencies.
(Compiled from various definitions of livelihoods from Department for International
Development (DfID), Institute of Development Studies (IDS) and FAO and academic
texts from: http://www.fao.org/docrep/X0051T/X0051t05.htm).

Migration

In international law, migration is understood as the transfer of workers from one.
country to another. In the case of Colombia, migration also occurs with the transfer ofworkers from one region to another; therefore, the applicable regulations are thoserelated to the Ius Variandi, i.e. The power of the employer to amend the conditions ofmode, place and time of work for the employee, for which it must consider that “its use
shall be determined by the reasonable and fair conveniences arising from the needs ofthe company and which, in any case, as established in the legal doctrine andjurisprudence, shall maintain the honor, dignity, interests, minimum rights, and safetyof the employee, all within the limitations set forth by the law, the employment
agreement, the collective labor agreement and the workplace regulations.”

Principles and Criteria for the Production of Sustainable Palm Oil(Judgment T-407 of 1992,
Speaker Judge Rodríguez
Rodríguez

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82

Annex 1

DEFINITIONSTermDefinition

SourceCarbon neutrality

Carbon neutrality refers to achieving net zero GHG emissions by balancing a measured
amount of carbon dioxide equivalent (CO2e) emissions released with an equivalentamount sequestered or offset.

P&C Review 2018

(The term “climate neutral” reflects the broader inclusiveness of other greenhousegases in addition to carbon dioxide in climate change. The terms are usedinterchangeably.)Child

The term child applies to all persons under the age of 18.

ILO Minimum Age Convention,
1973 (No. 138)
Worst Forms of Child Labour
Convention, 1999 (No. 182)

ISO standards

Standards developed by the International Organization for Standardization

P&C 2013 ISO: www.iso.org

New planting

Planned or proposed planting on land not previously cultivated with oil palm

NPP 2015

Operations

All activities planned and/or undertaken by the management unit within the boundariesof the palm oil mill and its supply baseP&C 2013

Organization

Group of people and facilities with a set of responsibilities, authorities and relationships.

NTC ISO 9001:2008

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions

83

Term

Definition

SourceOther conservation areas

Areas (in addition to HCV, HCS forests and peatland conservation areas) that are
required to be conserved by the RSPO P&C (such as riparian areas and steep slopes) andother areas allocated by the unit of certification.

P&C Review 2018

Facilitation payment

Bribes paid to facilitate routine government action [1].

[1]

A common example is where a government official is given money or goods to perform(or speed up the performance of) an existing duty [2].

UK Bribery
Guidance

Act

2010

UK Serious Fraud Office
Bribery Act Guidance[2]

High Forest Cover Country(HFCC)Countries defined as having >60% forest cover (based on recent, trusted REDD+ andnational data); <1% oil palm cover; a deforestation trajectory that is historically low but
increasing or constant; and a known frontier area for oil palm or where major areas
have been allocated for development.

RSPO
No
deforestation
consultancy: HFCC Proforest
2018

LandscapeA geographical mosaic composed of interacting ecosystems resulting from the influenceof geological, topographical, soil, climatic, biotic and human interactions in a given area.

IUCN
https://www.iucn.org/
downloads/en_iucn__glossary_ definitions.pdf

Landscapes having >80% forest cover. Landscape as defined under HCSA Toolkit(Module 5): “The size of a landscape may be determined by (a) identifying thewatershed or the geographical land unit containing a cluster of interacting ecosystems;(b) selecting a unit size that encompasses the plantation concession and a buffer of thesurrounding area (e.g. 50,000 ha or 100,000 ha); or (c) using a radius of 5 km from thearea of interest (for instance, the planned concession).”HCSA Toolkit (v2)High
ForestLandscape (HFCL)

Cover

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions

84

Annex 1

DEFINITIONSTermDefinition

SourceStakeholders

An individual or group with a legitimate and/or demonstrable interest in, or who isdirectly affected by, the activities of an organisation and the consequences of those
activities.

P&C 2013

Smallholder

Farmers growing oil palm, sometimes along with subsistence production of other crops,
where the family provides the majority of labour and the farm provides the principal
source of income and where the planted area of oil palm is usually below 50 ha in size

P&C 2013

Independent Smallholder.
All smallholder farmers that are not considered to be Scheme Smallholders [seedefinition for Scheme Smallholders] are considered Independent Smallholder farmers

Smallholder Interi Group (SHIG)

Scheme Smallholder

Farmers, landowners or their delegates that do not have the:Smallholder Interi Group (SHIG)• Enforceable decision-making power on the operation of the land and production
practices; and/or• Freedom to choose how they utilise their lands, type of crops to plant, and how they
manage them (whether and how they organise, manage and finance the land).
(See also smallholder and Independent Smallholder).
Pesticide

Substances or a mixture of substances intended for preventing, destroying, repelling or
mitigating any pest. Pesticides are categorised into four main substituent chemicals:
herbicides; fungicides; insecticides and bactericides.

Principles and Criteria for the Production of Sustainable Palm Oil

P&C 2013

Annex 1. Definitions

85

Term

Definition

SourcePlan

A time-bound and detailed scheme, programme, or method for achieving objective(s)and desired outcome(s). Plans shall have clear targets with timelines for delivery,
actions to be taken and a process for monitoring progress, adapting plans to changing
circumstances and reporting. Plans shall also include the identification of named
individuals or positions responsible for the delivery of the plan. There shall be evidence
that sufficient resources are available to carry out the plan and the plan is implemented
in full.

P&C 2013

PlantationThe. land on which oil palm is grown. (See also definition for ‘managed area’).

P&C Review 2018

Fair Price

The fair price or value is that which a buyer and a seller are willing to negotiate for thecorresponding derivative financial instrument or structured product, according to theparticular characteristics of the instrument or product and under the prevailingconditions of the market as of the date of negotiation.

Superintendence of Finance ofColombia, Chapter XVIII Derivative financial instruments
and structured products.

Prophylactic

A treatment or course of action applied as a preventive measure.

P&C 2013

Property

Ius in re to arbitrarily enjoy and dispose of a corporeal thing, provided it does not violate
the law or the rights of others.

Civil Code of Colombia, article
669.

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions

86

Annex 1

DEFINITIONSTermDefinition

SourceIndigenous peoples

Indigenous peoples are inheritors and practitioners of unique cultures and ways of
relating to people and the environment. They have retained social, cultural, economic
and political characteristics that are distinct from those of the dominant societies inwhich they live. Despite their cultural differences, indigenous peoples from around theworld share common problems related to the protection of their rights as distinct
peoples.

UNDESA, Division for Inclusive
SocialDevelopment,
Indigenous Peoples

Indigenous peoples have sought recognition of their identities, way of life and their rightto traditional lands, territories and natural resources for years, yet throughout history,
their rights have always been violated. Indigenous peoples today, are arguably among
the most disadvantaged and vulnerable groups of people in the world. The international
community now recognises that special measures are required to protect their rights
and maintain their distinct cultures and way of life.

Nighttime
Surcharge

or

SundayNighttime work is that performed between twenty-two hours (10:00 p.m.) and six hours(6:00 a.m.) and, for the sole fact of being performed at night, is paid with a thirty-five
percent surcharge (35%) over the value of the daytime work, except in the case of thethirty-six (36) hours per week schedule.

Substantive
Labor
articles 160, 168, 179.

Code,

Sunday and holiday work is paid with a seventy-five percent (75%) surcharge over the.ordinary salary, in proportion to the time worked.
Internal
Regulations

Workplace

The set of rules that determine the conditions to be met by the employer and its
employees in the provision of a service.

Principles and Criteria for the Production of Sustainable Palm Oil

Article 104 of the Substantive
Labor Code.

Annex 1. Definitions

87

Term

Definition

SourceAny individual, contiguous planted area on steep terrain (>25 degrees) greater than 25
ha within the re-planting area

P&C 2013, Annex 2. Guidance
NI

RestoreReturning degraded or converted areas within a plantation to a semi-natural state.

P&C 2013

Riparian Zone

According to the RSPO Riparian Reserve Management and Rehabilitation Guide, theriparian reserve or water round is: Natural vegetation area that is maintained along
rivers, streams, wetlands, springs and lakes in landscapes modified by humans, such as.oil palm plantations. Riparian reserves are also known as strips or buffer zones.

Decree1076
article 2.2.3.2.3A.2.

Extensive replanting
steep terrainon/2017,In Colombia Decree 2245 of 2017 defines the water round as follows: It is the strip thatruns parallel to the maximum tide line or to the permanent flow of rivers and lakes, up
to a width of thirty meters.
Likewise, the afferent protection or conservation area shall also be part of the riparianzone. Environmental management guidelines shall be established both for the parallel
strip and for the afferent protection or conservation area, pursuant to the provisions of
the “Technical Guidelines of Criteria for Dimensioning Riparian Zones in Colombia.”
SalaryIt includes not only the ordinary, fixed or variable, remuneration, but all the payment
received by the employee, in cash or in kind, as a direct consideration for its services,
regardless of the form or denomination adopted, such as premiums, supplementary
payments, ordinary bonuses, amount for supplementary work or overtime, payment forworking in mandatory rest days, percentages over sales, and commissions.

Substantive Labor Code, article
127.

Decent living wage

The remuneration received by a worker, for work performed on regular hours, in aparticular place sufficient to afford a decent standard of living for the worker and heror his family.

Adapted from GLWC

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions

88

Annex 1

DEFINITIONSTermDefinition

SourceFood security

Food security is achieved when all people, at all times, have physical, social andeconomic access to sufficient, safe and nutritious food to meet their dietary needs andfood preferences for an active and healthy life. Four dimensions of food security arecommonly identified: food availability, food access, utilisation and stability.

FAO World Food Summit,
1996.

Water security

Debt bondage.
The capacity of a population to safeguard sustainable access to adequate quantities of
acceptable quality water for sustaining livelihoods, human well-being, and socioeconomic development; for ensuring protection against water-borne pollution andwater-related disasters; and for preserving ecosystems in a climate of peace andpolitical stability.
The status or condition of debt bondage when their labour, or the labour of a third party
under their control, is demanded as repayment of a loan or of money given in advance,
and the value of their labour is not applied towards the liquidation of the debt or thelength of the service is not limited and/or the nature of the service is not defined

Principles and Criteria for the Production of Sustainable Palm Oil

See FAO Policy Brief Issue 2,
June 2006 for further detail

UN Water, Water Security
Infographic.

UN GA Human Rights Council:
ReportoftheSpecialRapporteur on contemporary
forms of slavery, including its
causes and consequences. July
2016.

Annex 1. Definitions

89

Term

Definition

SourceLabor Union

It is an association of workers, and are classified as follows:

Substantive Labor Code, article
356.

a)

Company union, if comprised of individuals of several professions, trades or
specialties who provide their services to the same company, establishment or
institution.
b) Industry or economic activity unions, if comprised of individuals who provide theirservices to various companies of the same industry or economic activity.
c) Trade unions, if comprised of individuals with a same profession, trade or specialty.
d) Miscellaneous unions, if comprised of workers from various different or unrelated
professions. The latter may only be created on the places where there are noworkers involved in the same activity, profession or trade in the minimum number
required to create a trade union, and only for as long as said situation continues.

Site

A single functional unit of an organisation or a combination of units situated at one
locality, which is geographically distinct from other units.

RSPO 2017 SCCS Standard

Fragile Soil

A soil that is susceptible to degradation (reduction in fertility) when disturbed. A soil is.
particularly
fragile if the degradation rapidly leads to an unacceptably low level of

P&C Review 2018

fertility or if it is irreversible using economically feasible management inputs. (See also
definition for ‘marginal soil’)Marginal soil

A soil that is unlikely to produce acceptable economic returns for the proposed crop
P&C Review 2018 at reasonable projections of crop value and costs of amelioration.
Degraded soils are not marginal soils if their amelioration and resulting productivity is
cost effective. (See also definition for ‘fragile soil’).

Principles and Criteria for the Production of Sustainable Palm Oil

P&C Review 2018

Annex 1. Definitions

90

Annex 1

DEFINITIONSTermDefinition

SourceContract substitution

The practice of substituting or changing the terms of employment to which the worker
originally agreed, either in writing or verbally, which results in worse conditions or lessbenefits. Changes to the employment agreement or contract are prohibited unlessthese changes are made to meet local law and provide equal or better terms.

ILO Report to the Committee
examining
allegednoncompliance by Qatar of Forced
Labour

Steep terrain

Areas above 25 degrees or based on a National Interpretation (NI) process

P&C 2013 Annex 2. GuidanceNI

Indigenous Territory

Territorial entities that have autonomy to manage their interests within the limits set
forth by the Constitution and the law.

Judgment T-601 of 2011.

Collective Territories

Territories occupied by ethnic groups, who constitute territorial entities, which haveautonomy to manage their interests within the limits set forth by the Constitution andthe law.

Judgment T-639/99 Territorial
scopeofindigenous
reservations.

Title Deed

The source that causes an obligation, i.e. the agreements (donation, assignment andexchange, purchase and sale), the law, or a judicial judgment. It may be original ortransferring, that is, be the original source of a right (i.e. A resolution to award barren
lands) or transferred (i.e. a judicial judgment or a public deed on private property).

Civil Code of Colombia

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions

91

Term

Definition

SourceWorkerMen and women, migrants, transmigrants, contract workers, casual workers andemployees from all levels of the organization.

P&C Review 2018

Young workers

Young workers are aged 15, or above the minimum age of employment, but under theage of 18. According to the ILO, “these workers are considered ‘children’ even where
they may legally perform certain jobs.”.

ILO Minimum Age Convention,
1973 (No. 138), Article 3
ILO Safety and Health inAgriculture Convention, 2001
(No. 184), Article 16.

Migrant worker

A person who migrates from one country to another with a view to being employedotherwise than on his own account and includes any person regularly admitted as a
migrant for employment. Migrants are defined as those who cross internationalboundaries for the purposes of employment, and do not include those workers who
move within a country for the purposes of employment.

P&C 2013

Contract Worker

Contract worker refers to persons engaged in temporary work, or work for a specificperiod of time. It also refers to workers who are not employed directly by the company,
but employed by a contractor or consultant with whom the company has a directcontract.

ILO, Non- Standard Forms of
Employment

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions

92

Term

Definition

SourceCore work

The primary area or activity that a company was founded to do or focuses on in its
business operations. Core work pertains to work that is essential and desirable to thegrowth of the organization.

P&C Review 2018

All agricultural and milling activities are considered core work, e.g. planting, harvesting,fertilising, maintenance; FFB sorting and grading; machine-technical maintenance; andmachine operation.
Forced labour

All work or service which is exacted from any person under the menace of any penalty
and for which said person has not offered him or herself voluntarily. This definition
consists of three elements:
1.
2.
3.
.

Work or service refers to all types of work occurring in any activity, industry or
sector including in the informal economy.
Menace of any penalty refers to a wide range of penalties used to compel someone
to work.
Involuntariness: The terms “offered voluntarily” refer to the free and informed
consent of a worker to take a job and his or her freedom to leave at any time. This
is not the case for example when an employer or recruiter makes false promises
so that a worker takes a job he or she would not otherwise have accepted.

Principles and Criteria for the Production of Sustainable Palm Oil

ILO, Forced Labour Convention,
1930 (No. 29)
ILO, Protocol of 2014 to theForced Labour Convention,
1930 (P029)
ILO, Abolition of Forced Labour
Convention, 1957 (No. 105)
ILO,
ForcedLabourRecommendation 2014 (No.
203)

Annex 1. Definitions

93

Annex 1

DEFINITIONSTermDefinition

SourceChild labour

Child labour is work that deprives children of their childhood, their potential and their dignity, andthat is harmful to physical and mental development. The term applies to:

ILO Minimum Age Convention,
1973 (No. 138)•••

All children under 18 involved in the “worst forms of child labour” (as per ILO Convention No.
182)
All children aged under 12 taking part in economic activity; andAll 12 to 14-year-olds engaged in more than light work.

The ILO defines light work as work that is not likely to be harmful to children’s health ordevelopment and not likely to be detrimental to their attendance at school or vocational training.
Those under 18 years old should not engage in hazardous work that might jeopardise their physical,
mental or moral well-being, either because of its nature or the conditions under which it is carriedout. For young workers above the legal minimum age but below 18, there should be restrictions onhours of work and overtime; working at dangerous heights; with dangerous machinery, equipment
and tools; transport of heavy loads; exposure to hazardous substances or processes; and difficult
conditions such as night work at night.

Non-hazardous work

See definition for hazardous work

Hazardous work

Hazardous work is work performed in hazardous conditions; or “in the most hazardous
sectors and occupations, such as agriculture, construction, mining,or ship-breaking, or
where working relationships or conditions create particular risks, such as exposure tohazardous agents, such as chemical substances or radiation, or in the informal
economy.”(https://www.ilo.org/safework/areasofwork/hazardouswork/lang-.
en/index.htm)

Article 3 (d) of ILO Convention
concerning the Prohibition and
Immediate Action for the
Elimination of the Worst Formsof Child Labour, 1999 (No. 182)

Hazardous work is also defined as “any work which is likely to jeopardise children’s
physical, mental or moral health, safety or morals” and which “should not be done byanyone
under
the
age
of
18.”
(https://www.ilo.org/ipec/facts/
ILOconventionsonchildlabour/lang--en/index.htm)
Principles and Criteria for the Production of Sustainable Palm Oil

Annex 1. Definitions

94

Term

Definition

SourceCasual (Seasonal) Labor

Casual, accidental or temporary labor is the short-term work that does not exceed one
month and refers to work different to the usual activities of the employer.

Substantive Labor Code, article
6.

Trafficked labour

labour is a form of exploitation that results from the recruitment, transport, transfer,harbouring, and receipt of individuals to perform labour or services through the use of
threat or use of force or other forms of coercion, of abduction, of fraud, of deception,of the abuse of power or of a position of vulnerability or of the giving or receiving of
payments or benefits.

The UN Palermo Protocols to
Prevent, Suppress and Punish
Trafficking in Persons.

Transmigrant

A person who migrates from one part of the country to another with a view to being
employed otherwise than on his own accountP&C 2013

Peat. soil with cumulative organic layer(s) comprising more than half of the upper 80 cm orA
100 cm of the soil surface containing 35% or more of organic matter (35% or more Losson Ignition) or 18% or more organic carbon. Note for management of existing
plantations in Malaysia and Indonesia, a narrower definition has been used, based onnational regulations: namely soil with an organic layer of more than 50% in the top 100
cm containing more than 65% organic matter. Colombia is working on an official
definition of peat soils and, once defined, it shall be included in the NI for Colombia.

PLWG 2 July 2018

The unit of certification shall be the mill and its supply base and shall include both
directly managed land (and estates) and Scheme Smallholders and outgrowers, where
estates have been legally established with proportions of lands allocated to each.

RSPO
Certification
Systems 2017

Unit of certification

Principles and Criteria for the Production of Sustainable Palm Oil

Derived from FAO and USDA
definitionfor
histosols(organic soils) (FAO 1998,
2006/7; USDA 2014)

Annex 1. Definitions95

ANNEX 2: GUIDANCE
Principle 1: Behave ethically and transparently
Criterion (new)1.1

Guidance
This concerns management documents relating to environmental, social and legal issues that are relevant to compliance withRSPO Criteria.
Management documents comprise the results of FPIC processes, SEIAs, Human Rights Policies including a policy on protectionof HRDs/whistleblowers, social programmes avoiding or mitigating negative social impact, social programmes advancing
livelihoods, figures of gender distribution within all workers categorised by management, administrative staff and workers(both permanent casual workers, piece rate workers), partnership programmes for Independent Smallholders, education andhealth in the communities.
The auditors will comment on the adequacy of each of the documents listed in the public summary of the assessment report
Examples of commercially confidential information include financial data such as costs and income, and details relating tocustomers and/or suppliers. Data that affects personal privacy should also be confidential.
Las disputas en curso (dentro o fuera de un mecanismo legal) se pueden considerar como información confidencial cuando
su divulgación pudiera resultar en posibles consecuencias negativas para todas las partes involucradas. No obstante, las partes
afectadas y quienes buscan la resolución del conflicto deberían tener acceso a la información relevante.

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 2. Guidance96Annex 2

GUIDANCE

Criterion (new)1.1 (Continued)

Guidance
Examples of information where disclosure could result in potential negative environmental or social outcomes include
information on sites of rare species where disclosure could increase the risk of hunting or capture for trade, or sacred sites
which a community wishes to maintain as private. The unit of certification should ensure that sufficient objective evidence
exists to demonstrate that the level of measuring and monitoring of the management plan, and information, is appropriate
and made available.
The decisions that the growers or mills are planning to adopt must be clear, so that the local communities and other interested
parties understand the purpose of the communication and/or consultation. The communication and consultation mechanisms
shall be designed in collaboration with the local communities and other parties who are interested or involved in the process.
They shall consider the use of mechanisms and existing local languages, as well as the existence or creation of a forum ofinterested parties. Communications shall consider the differences in the access to information of the community leaders orgroups, in comparison with the collaborators of the companies and different ethnic groups.
For 1.1.2, the information provided shall be clear, so that the local communities and other interested parties understand its
purpose, considering the use of the existing local mechanisms and languages, according to the cultural context of the area.
For 1.1.5: Applicable data privacy laws should be considered in the gathering, storage, use and distribution and publication of
personal information.
The current regulation in Colombia includes the protection of personal data (Law 1581/2012, Habeas data), which must be
applied throughout the organization, including its clients, suppliers and, in general, its related value chain.

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 2. Guidance97Criterion (new)1.1 (Continued)

Guidance
The following documents should be available at the unit of certification (but not necessarily limited to) upon request:• Land titles/user rights (Criterion 4.4)
• Planes de salud y seguridad ocupacional (Criterio 3.6)
• Plans and impact assessments relating to environmental and social impacts (Criterion 3.4)
• HCV & HCS documentation (Criterion 7.12)• Pollution prevention and reduction plans (Criterion 7.10)• Details of complaints and grievances (Criterion 4.2)
• Negotiation procedures (Criterion 4.6)
• Continuous improvement plans (Criterion 3.2)
• Public summary of certification assessment report• Human Rights Policy (Criterion 4.1)
The withholding time for these records must depend on the nature of the documents and the regulations applicable to them.
The applicable regulations, especially Law 1755/2015, shall be considered to define these terms.
An administrative officer in charge of the consultation and communication procedures shall be appointed.
We recommend considering the inclusion of third parties, such as community groups, NGOs or the government (or acombination of these), to support scheme smallholders, communities and others in these communications, as appropriate
and considering their production size and scale.

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 2. Guidance98Annex 2

GUIDANCE

Criterion (new)1.2

Guidance
For 1.2.1: All levels of the operations will include contractors (e.g. those involved in security).
The policy should include as a mínimum:• A respect for fair conduct of business.
• A prohibition of all forms of corruption, bribery and fraudulent use of funds and resources• A proper disclosure of information in accordance with applicable regulations and accepted industry practices
The policy should be set within the framework of the UN Convention Against Corruption, in particular Article 12.
The policy should cover elements such as: bribery; facilitation payments; guidance and procedure for gifts and hospitality;
disclosure of political contributions; guidelines for charitable donations and sponsorships; respect for fair conduct ofbusiness; proper disclosure of information in accordance with applicable regulations and accepted industry practices;compliance with existing anti-corruption legislation.
Commitment to company ethical policies is incorporated in all service contracts.
There are due diligence procedures in place for the selection and contracting of recruitment agencies and labour
intermediaries or suppliers.
Unethical conduct includes: charging fees to workers, recovering cost of recruitment and transportation against workers’
wages, receiving gifts and commissions from labour intermediaries or suppliers.

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 2. Guidance99Principle 2: Operate legally and respect rights
Criterion (new)2.1

Guidance
Implementing all legal requirements is an essential baseline requirement for all growers whatever their location or size.
Relevant legislation includes but is not limited to: regulations governing land tenure and land-use rights, labour, agricultural
practices (e.g. chemical use), environment (e.g. wildlife laws, pollution, environmental management and forestry laws),
storage, transportation and processing practices. It also includes laws made pursuant to a country’s obligations underinternational laws or conventions (e.g. the Convention on Biological Diversity (CBD), ILO Core Conventions, UN Guiding
Principles on Business and Human Rights). Furthermore, where countries have provisions to respect customary law, thesewill be taken into account.
Key international laws and conventions are set out in Annex 3.
The national regulation regarding these Principles and Criteria can be found in Annex 6.
Contradictions and inconsistencies should be identified between the national laws and regulations and the requirements
established by these RSPO Principles and Criteria, and solutions suggested. Evidence should be incorporated as part of
implementation of Criterion 2.3.
See Indicator 4.4.1 for requirements on legal ownership or lease and authorised use of customary lands.
For Indicator 2.1.2: A ‘documented system for ensuring legal compliance’ can take the form of physical or virtual filing cabinetof applicable laws, regulations and rules with elements of how these laws are interpreted and followed in the running of theoperations.
For this indicator, each unit of certification may establish the due diligence mechanism; however, we suggest using thefollowing as evidence of the due diligence:Principles and Criteria for the Production of Sustainable Palm Oil

Annex 2. Guidance100Criterion (new)2.1 (Continued)

Guidance
•
•
•
•
•

2.2

Certificate of Incorporation and Legal Representation, issued by the Chamber of Commerce within the last 60 days.
Taxpayer Identification Number (RUT) or Colombian Citizenship Card
The contractual agreement with the Unit of Certification shall include a clause for the compliance with the legal
requirements (labor requirements and constitutional principles related to human rights)
Vouchers of payment of the contributions to the social security system
Consultation of non-appearance in the Office of Foreign Asset Control (OFAC) lists.
Other documents showing the legality of the third parties hired.

Contracted parties include:••••

Temporary employment, whereby workers are engaged only for a specific period of time, includes fixed-term, projector task-based contracts, as well as seasonal or casual work, including day labour.
Short-term contracts; renewable contract
Fixed-term, project, or task-based contracts are contractual employment arrangements between one employer and one
employee characterised by a limited duration or a pre-specified event to end the contract
Casual work is the engagement of workers on a very short term or on an occasional and intermittent basis, often for a
specific number of hours, days or weeks, in return for a wage set by the terms of the daily or periodic work agreement.
Casual work is a prominent feature of informal wage employment in low-income developing countries, but it has also
emerged more recently in industrialised economies, particularly in jobs associated with the “on-demand” or ‘gig
economy”. (https://www.ilo.org/ global/topics/non-standard-employment/WCMS_536960/lang--es/index.htm)

For 2.2.3, in Colombia there are types of agreements that are regulated as shown in Annex 7.
For this indicator, the definition of young employee is included in Annex 1. In Colombia, the contracting of minors is regulated
under Law 1098/2006, Resolution 1677/2008, and other regulations amending or revoking them.

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 2. Guidance101Criterion (new)2.3

Guidance
For indicator 2.3.1:
a)Information on the geographical location of the fruit source may be verified with the geographical coordinatesb) Each Unit of certification may establish the documentation that supports the evidence of status of the property or therights over the land by the grower/smallholder; however, we suggest that one or more of these documents be used as
evidence:
•
•
•
•
•
•

Public deeds
Ownership certificate, issued by the Public Records RegistryOut-of-court statements
Lease or use agreement
Documents of ongoing processes for accreditation of the property or land occupancy.
The registry mentioned in this indicator may be complemented with Fedepalma's National Growers Registry.

For consideration of FFB legality, NIs should also consider commonly accepted local practices and customs that are generally
accepted to be on a par with legal standing or accepted by authorities (e.g. native courts).

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 2. Guidance102Principle 3: Optimise productivity, efficiency, positive impacts and resilience
Criterion (new)3.1

Guidance
Whilst it is recognised that long-term profitability is also affected by factors outside their direct control, top management
should be able to demonstrate attention to economic and financial viability through long-term management planning.
For plantations on peat, a longer time frame for the projection of the annual replanting programme is needed per Criterion
7.7.
The unit of certification should have a system to improve practices in line with new information and techniques. For
smallholder schemes, the scheme management should be expected to provide their members with information on significant
improvements. This Criterion is not applicable to Independent Smallholders
The business or management plan should contain:
1.
2.
3.
4.
5.
6.

Attention to quality of planting materials
Crop projection = Fresh Fruit Bunches (FFB) yield trends
Mill extraction rates = Oil Extraction Rate (OER) trends
Cost of production = cost per tonne of Crude Palm Oil (CPO) trends
Forecast prices
Financial indicators

Suggested calculation: Trends in 3-year running mean over the last decade (FFB trends may need to allow for low yield during
major replanting programmes).
Consideration of smallholders should be inherent in all management planning where applicable (see also Principle 5). For
Scheme Smallholders, the content of the business plan may vary from that suggested.
Where the specific financial details are not known, an estimate of these amounts, or structures for defining those estimates
will be made clear within the contract.

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 2. Guidance103Annex 2

GUIDANCE

Criterion (new)Guidance

3.1 (Continued)

Management reviews (Indicator 3.1.3) should include:
1.
2.
3.
4.
5.
6.
7.

Results of internal audits
Customer feedback
Process performance and product conformity
Status of preventive and corrective actions
Follow-up actions from management reviews
Changes that could affect the management system
Recommendations for improvement

We recommend considering the following publications by Cenipalma:
•
•
•
3.2

Best practices guide - On the productive alliances of inclusive business (no year on the database)
Basic guide to prepare a business plan on oil palm and procedure to establish new plantations. (2016, Program anddevelopment of the AT)
Best practices on corporate management

For the action plan for continuous improvement, indicators may include but not be limited to:
1. Optimising the yield of the supply base.
2. Reduction in use of pesticides (Criterion 7.2)
3. Environmental impacts (Criteria 3.4, 7.6 and 7.7)
4. Waste reduction (Criterion 7.3)
5. Pollution and greenhouse gas (GHG) emissions (Criterion 7.10)
6. Impacts on communities, workers and smallholders (Principle 6)
7. Integrated management of HCV-HCS, peatland and other conservation areas (Criteria 7.7 and 7.12)
8. Early detection, monitoring and control of phytosanitary problems
Where applicable, review should include Scheme Smallholders

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3.2 (Continuacied)The unit of certification should have a system to improve practices in line with new information and techniques, and amechanism for disseminating this information throughout the workforce. For smallholders, there should be systematic
guidance and training for continuous improvement
We recommend considering the following publications by Cenipalma:•

3.3Best practices on corporate management

Mechanisms to check implementation could include documentation of management systems and internal control procedures(see Criterion 2.1).
SOP and documentation for mills should include relevant supply chain reqirements (see SCCS section under Principle 3).
The unit certificacon, while working with third party suppliers of FFB on traceability and legality, should use the opportunity to
distribute suitable information on BMPs.
For 3.3.1, the BSP mentioned in this indicator refer to those documented in the SOP. We recommend applying the Standard
Operating Procedures Manual for the implementation of the Best Sustainable Practices. Cenipalma November of 2018.
We recommend considering the following publications by Cenipalma and Fedepalma:•

Field book for recording and controlling works in the cultivation of oil palm. 2016 MADR, Fedepalma.

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3.4

The terms of reference of the SEIA should be defined. Ideally, the SEIA should be carried out by accredited independent
experts, in order to ensure an objective process. The assessment (SEIA) should include, but is not limited to
1.
2.
3.
4.

5.
6.
7.
8.
9.
10.
11.
12.

13.
14.
15.

Assessment of the impacts of all major planned activities, including land clearing, planting, replanting, pesticide andfertiliser use, mill operations, roads, drainage and irrigation systems and other infrastructure
Assessment of the impacts on HCVs, biodiversity and RTE species, including beyond concession boundaries and any
measures for the conservation and/or enhancement of these
Assessment of the potential effects on adjacent natural ecosystems of planned developments, including whether
development or expansion will increase pressure on nearby natural ecosystems
Identification of watercourses and wetlands and assessment of potential effects on hydrology and land subsidence ofplanned developments. Measures should be planned and implemented to maintain the quantity, quality and access towater and land resources
Baseline soil surveys and topographic information, including the identification of steep terrain, marginal and fragile
soils, areas prone to erosion, degradation, subsidence, and flooding
Analysis of the type of land to be used (forest, degraded forest, peatlands, cleared land, etc.)
Assessment of land ownership and user rights
Assessment of current land use patterns
Assessment of impacts on people’s amenity
Assess impacts on employment, employment opportunities or from changes of employment terms
A cost-benefit analysis on social aspects
Assessment of potential social impacts on surrounding communities of a plantation, including an analysis of potential
effects on livelihoods, and differential effects on women versus men, ethnic communities, and migrant versus longterm residents
Assessment of salient risk of human rights violations
Assessment of the impacts on all dimensions of food and water security including the right to adequate food, andmonitoring food and water security for affected communities
Assessment of activities which may impact air quality or generate significant GHG emissions

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3.4 (Continued)

The regional environmental impact assessments prepared by the authorities and environmental research institutes may beconsidered as inputs to prepare the SEIA.
For smallholder schemes, the scheme management has the responsibility to undertake an impact assessment and to planand operate in accordance with the results.
For smallholder schemes, the scheme management has the responsibility to undertake an impact assessment and to planand operate in accordance with the results.
The review of the monitoring and management plan should be done (once every two years) internally or externally.
Management documents may comprise social programmes avoiding or mitigating adverse social impact including humanrights, social programmes advancing community livelihoods and gender equality, partnership programmes for Independent
Smallholders, education and health in the communities.
Affected stakeholders are able to express their views through their own representative institutions, or freely chosen
spokespersons, during the identification of impacts, reviewing findings and plans for mitigation, and monitoring the successof implemented plans.
To identify, assess and mitigate the environmental impacts, we recommend using the “Adjusted environmental guide for theagribusiness sub-sector of the oil palm in Colombia”, (Fedepalma, Ministry of Environment and Sustainable Development
and Fedepalma, 2011).
Additionally, we recommend considering the following reference documents to prepare the SEIA.
•••

Resolution 1402/2018 “Methodology for the preparation and submission of environmental studies”, Ministry ofEnvironment and Sustainable Development, Bogotá, Colombia.
“Environmental studies assessment manual. Procedures and Criteria”; Ministry of Environment, Sub-directorate ofEnvironmental Licenses; Bogotá, Colombia; 2002.
“Manual for project environmental monitoring. Procedures and Criteria”; Ministry of Environment, Sub-directorate ofEnvironmental Licenses; Bogotá, Colombia; 2002.

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Guidance
We recommend considering the IFC “Environmental, Health and Safety Guidelines for Vegetable Oil Production andProcessing.”
We recommend considering the following publications by Cenipalma:•
Guidelines for the design and establishment of new oil palm sustainable plantations. Cenipalma 2019.

3.6

In Colombia, the minimum standards of the Occupational Health and Safety Management System (SG-SST, for its initials in
Spanish) are defined under Decree 0312 dated February 13, 2019. This regulation applies to public and private employers,
to those who contract personnel under a civil, commercial or administrative contract, and to independent workers, among
others.
We recommend considering the following publications:•
Guideline for the labor formalization, forms of contracting and application of the occupational health and safety
standard for working with oil palm.” (2016) MADR, Fedepalma. Also applicable to 3.7.
•
Standard Operating Procedures Manual for the implementation of the Best Sustainable Practices. (2018, Program anddevelopment of the AT)
Refer to National Law/Regulation or ILO Convention 155 for those countries without national Occupational Safety and
Health Law/Regulation at a minimum

3.7

Training Content: Workers should be adequately trained on: the health and environmental risks of pesticide exposure;recognition of acute and long-term exposure symptoms including the most vulnerable groups (e.g. young workers, pregnant
women); ways to minimise exposure to workers and their families; and international and national instruments or regulations
that protect workers’ health.
The training programme should include productivity and best management practice, and be appropriate to the scale of theorganisation. The programme should enable everyone to fulfil their jobs and responsibilities in accordance with documented
procedure.

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3.7 (Continued)

Training Participants: Training should be given to all staff and workers including women smallholders and women plantation
workers, within the unit of certification, as well as contract workers.

The unit of certification should demonstrate training activities for Scheme Smallholders who provide FFB on a contracted
basis.
Workers on smallholder plots also need adequate training and skills, and this can be achieved through extension activities of
the unit of certification that purchase fruit from them, by smallholders’ organisations, or through collaboration with otherinstitutions and organisations
For individual scheme smallholder operations, training records should not be required for their workers, but anyone working
on the farm should be adequately trained for the job they are doing.

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Criterion (new)4.1

Guidance
It is understood that the communication of the policy regarding human rights extends to the contractors involved in the daily
operations of the unit of certification. All levels of operations will include contractors (e.g. those involved in security).
The UN Guiding Principles on Business and Human Rights notes that:“The responsibility of business enterprises to respect human rights refers to internationally recognised human rights –understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning
fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at
Work.”The UN Guiding Principles on Business and Human Rights also note that the responsibility of business enterprises to respecthuman rights exists independently of nation states’ abilities and/or willingness to fulfil their own human rights obligations
and exists over and above compliance with national laws and regulations protecting human rights. (See “The corporate
responsibility to respect human rights” in the UN Guiding Principles on Business and Human Rights).
The RSPO Human Rights Working Group will provide additional guidance to identify, prevent, mitigate and address humanrights issues and impacts.
The resulting guide will identify the relevant issues on human rights to all RSPO members.
Details on requirements to protect the rights of HRDs, including complainants, whistleblowers and community
spokespersons, are set out in the RSPO Policy on the Protection of Human Rights Defenders, Whistleblowers, Complainants
and Community Spokespersons.
For 4.1.1, we recommend considering aspects related to the hiring of security companies, which are regulated under:•••

Title IX of Decree 2535/1993, issued by the Superintendence of Private Security and Surveillance
Decree 0356/1994, issued by the Superintendence of Private Security and Surveillance
Guideline for Contracting Private Security and Surveillance Services. Issued by the Superintendence of Private Security
and Surveillance

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4.2

Dispute resolution mechanisms should be established through open and consensual agreements with relevant affectedparties.
Each company has the autonomy to implement their own Petitions, Claims and Complaints (PCC) management system,
which shall contain:•
Rights and duties of the company, its employees and contractors•
Response times•
PCC system management procedure•
Acknowledgments, recognitions and other positive aspects.
•
Mechanism to ensure timely and complete responses to PCCs•
In special cases (e.g. People with special needs or who speak languages other than Spanish, or others) there shall be tools
to achieve an easy understanding of the system. Especially, see 4.2.2.
•
All the information regarding PCCs is available in appropriate forms and languages.
Complaints should be dealt with by mechanisms such as Joint Consultative Committees (JCC), with gender representation
and, where relevant, migrant worker representation. Grievances may be internal (employees) or external.
The legal counsel (indicator 4.2.4), including its costs, shall be defined by mutual agreement between the parties.
For Scheme and Independent Smallholders, refer to the current RSPO Guidance Documents for Scheme and Independent
Smallholders.
Where a resolution is not found mutually, complaints can be brought to the attention of the RSPO Complaints System.
Refer to helpful texts for guidance, such as the UN Human Rights Commission (HRC) endorsed ‘Guiding Principles on
Business and Human Rights: Implementing the UN “Protect, Respect and Remedy” Framework’, 2011.

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4.3

Contributions to local sustainable development should be based on the results of consultation with local communities andshould have long term economic, social and/or environmental benefits without compromising the economic sustainability of
the unit of certification. Such consultation should be based on the principles of transparency, openness and participation,and should encourage communities to identify their own priorities and needs, including the different needs of men, womenand minority/vulnerable groups.
The unit of certification may also seek partnerships from non-governmental organisations (NGOs) and civil society
organisations (CSOs) to identify key environmental and/or social issues that are prevalent in the community and develop andimplement solutions to address these issues as part of their contributions to sustainable development.
Some examples of contributions to local sustainable development could be, but are not limited to:
a)
b)
c)
d)
e)
f)
g)

Poverty reduction
Access to health and wellbeing
Access to quality education
Access to clean water and sanitation
Conservation or restoration of natural resources
Gender equality programmes
Support/enhance/secure food and water security

Where candidates for employment are of equal merit and satisfactory results in the units of certification selection
procedures, preference should always be given to members of local communities. Positive discrimination should not berecognised as conflicting with Criterion 6.1.
We suggest considering the “Basic guideline for oil palm growers social responsibility management”, Fedepalma, 2017.

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Annex 2

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Criterion (new)Guidance

4.4

All indicators will apply to current operations, but there are exceptions for long- established plantations which may not haverecords dating back to the time of the decision making, in particular for compliance with Indicators 4.4.2 and 4.4.3.
Where there are legal or customary rights over land, the unit of certification should demonstrate that these rights areunderstood and are not being threatened or reduced. This Criterion should be considered in conjunction with Criterion 4.5,
4.6 and 4.7. Where customary rights areas are unclear these should be established through participatory mapping exercises
involving affected parties (including neighbouring communities and local authorities).
For 4.4 and 4.5, the FPIC is undertaken with regards to the possible affectations to the legal, use, customary anddemonstrable rights.
The procedure to conduct the FPIC shall be that described on the “Free, Prior and Informed Consent Guidelines for membersof the RSPO”, with the clarifications contained in Annex 8 for the Colombian case.
This Criterion allows for negotiated agreements to compensate other users for lost benefits and/ or relinquished rights.
Negotiated agreements should be non-coercive and entered into voluntarily, carried out prior to new investments oroperations or after its identification, and based on an open sharing of all relevant information. The representation ofcommunities should be transparent and in open communication with other community members.
Relevant legal arrangements may include negotiated benefit-sharing agreements, joint venture agreements, legal
representation on management boards, restrictions on prior land use, co-management arrangements, smallholder
contracts, rental and leasehold arrangements, royalty payments, and the implications of land acquisition and permits forcommunity land tenure, use and access rights.

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Criterion (new)4.4 (Continuación)

Guidance
For 4.4.1 a) the following definitions are adopted:
Legal use: means the existence of a pre-existing right that enables a unit of certification to exploit a land such as, forexample, lease, occupancy, good faith possession, and other forms of use authorized under the Colombian law.
Customary laws in Colombia refers to “Collective territories”, considered to be ethnic (indigenous, Afro, Rom, Raizal andPalenque).
b) Each unit of certification may establish the documentation to demonstrate the legal ownership, the occupancy or legal
use or the use of customary lands, as well as that related with the land occupancy history and the current legal or customary
use of the land. However, we suggest that one or more of these documents be used as evidence:
•
•
•
•
•
•
•

Public deeds
Ownership certificate, issued by the Public Records RegistryOut-of-court statements
Lease or use agreement
Documents of ongoing processes for accreditation on the property or land occupancy.
Verification of the official databases, such as the Sole Registry of Abandoned Land Plots and Territories
Opinions by the Rural Agricultural Planning Unit on the rural property.

For 4.4.2 a) in Colombia there are different types of ownership, e.g. Lease, gratuitous loan, usufruct, antichresis, or similar.
There are no land concessions.
For 4.4.3: “Maps at an adequate scale” refers to maps surveryed through existing institutional information related to thegeographical conditions of the territories to be planted, and “Participatory mapping” refers to social cartography, which
may be made with two methodologies:a) over the sketch for the relevant area to be plantedb) starting with a blank page, mapping the way in which the parties understand the territory.
For 4.4.4 “Appropriate forms and languages” refers to:
Adjust to the social, cultural and economic context of the individuals consulted (e.g. Clarification of expressions andtechnical, scientific or legal procedures).

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4.5

The unit of certification can, through compliance with RSPO criteria demonstrate its commitment to support the UN
Sustainable Development Goals (especially SDGs 2, 6 and 15).
The unit of certification should support the implementation of existing national strategies with regard to food and water
security, and not contradict them by any of its business activities
The unit of certification should recognise national and/or international natural disaster risk assessments, strategies and maps
in the management plan/strategy for the managed areas. The unit of certification should inform suppliers and communities
in the concerned region about natural risks and provide support in case of strong adverse natural and human made disasters.
This activity should be integrated with the SEIA required by Criterion 3.4.
Within the FPIC process, measures to balance potential negative impacts on food and water security for local communities
should be discussed and agreed between the unit of certification and the local communities. These measures and their
proposed implementation features (what, how, how long, recipients, threats and opportunities to implementation) are
documented as part of the resource management planning.
In cases where the availability, access, quality and stability of food and water is negatively affected by the planned operations,mitigation and relief measures should be agreed.
Where applicable, in communities resettled in accordance with FPIC, the unit of certification should monitor the food andwater security situation through a screening process and, for example, through continuous dialogue, to ensure local foodand water security.
This does not imply that the unit of certification has the obligation to conduct land provision programmes for thecommunities to establish basic food crops, nor to adopt additional measures to provide food to the community.

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4.5 (Continued)

Efforts should be made to consider population dynamics. The set of measures is to be reviewed regularly (proposedbiannually) to reflect on changes in needs and capacities and the resources available.
The unit of certification should not restrict access to markets for local communities through its operations.
The unit of certification should assess water catchments in order to identify key water risks or shared challenges (see HCV
4). The unit of certification should regularly monitor their operations’ impacts on water availability and quality.
Where new plantings are considered to be acceptable, management plans and operations should maintain sacred sites.
Agreements with indigenous peoples, local communities and other stakeholders should be made without coercion or other
undue influence (see Guidance for Criterion 4.4). Relevant stakeholders include those affected by or concerned with the newplantings.
Customary and user rights will be demonstrated through participatory user mapping as part of the FPIC process
FPIC is a guiding principle and should be applied to all RSPO members throughout the supply chain. Refer to RSPO approved
FPIC guidance (‘FPIC and the RSPO; A Guide for Members’, October 2015).
In the event that an affectation to the customary or land use rights of the communities is identified, and after conducting
the FPIC process diligently without obtaining the consent of the affected parties, even despite the proposal of different formsof fair and reasonable compensation measures, this criterion shall be not considered as unfulfilled.

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Guidance
For 4.5.1, each unit of certification may establish the documentation showing the identification and evaluation of legal,
customary and use rights. However, we suggest using the following as documentation:
•
•
•
•
•
•
•

Public deeds
Ownership certificate issued by the Public Records RegistryOut-of-court statements
Lease or use agreement
Documents of ongoing processes for accreditation on the property or land occupancy.
Verification of the official databases, such as the Sole Registry of Abandoned Land Plots and Territories
Opinion by the UPRA on rural property

For 4.5.3, Apply for new plantations , but there are exceptions for plantations established long ago and which may not haverecords dating back to the decision-making stage in particular.
For 4.5.4, in Colombia the concept of “allocation” may be equivalent to “award” of barren lands, and is regulated under Law
160/94, with the State being responsible for ensuring its transparency.
4.6

Where there is a conflict on the condition of land use as per land title, the unit of certification should show evidence thatnecessary action has been taken to resolve the conflict with relevant parties.
A mechanism should be in place to resolve any conflict (Criteria 4.2 and 4.6).
Where operations overlap with other rights holders, the unit of certification should resolve the issue with the appropriate
authorities, consistent with Criteria 4.2 and 4.6.

4.7

We recommend following the procedure for the identification of legal, customary and use rights set forth in this guideline for
criteria 4.4 and 4.5.
For 4.7.3: “benefit from plantation development” means receiving a fair compensation for lost rights.

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Criterion (new)5.1

Guidance
Fair prices for FFB will be equal to or above the prices as established by government or government endorsed initiatives,
where applicable. Where not applicable, the following elements should be considered subject to prevailing commodity prices:
1. Cost incurred by smallholders where applicable (e.g. fertiliser, seeds, pesticides, transport of FFB, land use permit, landownership fees, land preparation, labour costs and other costs related to FFB production);2.

Unexpected and unpredictable environmental and climate related risk costs including the occurrence of new pests forwhich treatment is not yet available, climate change effects or extreme weather conditions.
(Source: 2012 FAO Guiding Principles Responsible Contract Farming).

This should also be applied to situations where the unit of certification functions as the group manager for groups certified
under group certification.
Transactions with smallholders should consider issues such as the role of middlemen, transport and storage of FFB, quality
and grading. The need to recycle the nutrients in FFB (see Criterion 7.5) should also be considered; where it is not practicable
to recycle wastes to smallholders, compensation for the value of the nutrients exported can be made through the FFB price.
Smallholders should have access to the grievance procedure under Criterion 4.2 if they consider that they are not receiving afair price for FFB, whether or not middlemen are involved.
If the unit of certification requires smallholders to change practices to meet the RSPO P&C, consideration should be given to
the costs of such changes, and the possibility of advance payments for FFB can be considered.
5.1.5. For the NI, a fair contract is that which falls within Article 333 of the Political Constitution of Colombia, Decree 410/1971(Code of commerce) and the applicable commercial legislation.
The claims mechanism mentioned in indicator 5.1.9 is described in criterion 4.2.

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Criterion (new)5.2

Guidance
RSPO will develop guidance on smallholder support (a separate RSPO Smallholder Standard is currently under development asof the printing of this standard).
The consultation may include collection centres or other parties like representative organisations, where applicable.
In particular for Scheme Smallholders, support programmes are based on long term relations.
When the unit of certification assesses the eligibility of the requested support by Independent Smallholders, the following
factors can be taken into account and are explained to and understood by the smallholders:••

Expected continued supply of FFB to the mill
Readiness of smallholders to implement the improvement programmes

Specific elements on RSPO certification may include:••••

Socialisation on RSPOH&S training
FPIC
HCV

The delivery of the support services can include but is not limited to cooperatives, agents, collection centres and representative
organisations.
In Colombia, there are sectoral technical assistance programmes which identify the practices that may be implemented toensure the compliance with indicator 5.2.2. For this, we recommend using Cenipalma’s technology transfer methodology.

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119Principle 6: Respect workers’ rights and conditions
Criterion (new)Guidance

6.1

The non-discriminatory requirements are applied to all workers, regardless of contractual status.
Examples of compliance can be appropriate documentation (e.g. job advertisements, job descriptions, appraisals, etc.),
and/or information obtained via interviews with relevant stakeholders such as affected groups which may include women,
local communities, foreign workers and migrant workers, etc.
Notwithstanding national legislation and regulation, medical conditions should not be used in a discriminatory way. In
Colombia, this matter is regulated under Law 1562/2012, and Law 1619/2013.
The grievance procedures detailed in Criterion 4.2 apply. Positive discrimination to provide employment and benefits tospecific communities is acceptable as part of negotiated agreements.
Examples of evidence for Indicator 6.1.2 could include contract between employer and agency; contract between worker andagency; clear company policy and recruitment procedures; confirmation by workers and agency that no recruitment fees arecharged.
Foreign and migrant workers should not pay anything that a local worker is not required to pay, unless mandated by law. A
worker should not be selected for the job on the basis of their capacity to pay.
For 6.1.1: We recommend that the unit of certification appoints a person responsible of implementing these policies.
When an equivalent job is assigned to a pregnant woman, we recommend ensuring the compliance of conditions such as:• Refraining from deteriorating the salary, category, working hours and other contractual conditions of the original
employment.
• Work stability• Non-discrimination for her condition• Non-generation of occupational and psychological risks.
For 6.1.6: Law 1496/2012 establishes the concept of “equal work”; the compliance with this Law is the framework for the
implementation of this indicator. We recommend special consideration for article 7 of this Law.

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Guidance
Elements in the calculation of a decent standard of living should include food, water, housing, education, healthcare,transport, clothing and other essential needs, including provision for unexpected effects, in accordance with the GLWC
methodology.
The list of essential needs (that will be considered for the non-food, non-housing element), and the costs/values associatedwith these elements, will be provided by the RSPO.
Where a GLWC living wage standard, or one that fulfils the basic requirements of the RSPO-endorsed living wage
methodology, has been established in the country or region of operation, this should be used as benchmark. Guideline 6.2.6
explains the reference in Colombia.
Where there are industry-established benchmarks of living wage, these can be used as a basis, as long as the elements of the
DLW definition or their equivalencies have been considered. Colombia does not have these sectoral definitions.
For countries where no living wage standard is established, the RSPO-endorsed benchmark should be followed, until suchtime that a GLWC-developed benchmark for the country is in place (see procedural note in Indicator 6.2.6)). Guideline 6.2.6
explains the reference in Colombia.
For 6.2.6: for the Colombian National Interpretation, fair salary means a current monthly legal minimum wage plus the legal
benefits (health care provider, pension fund, occupational risks manager, compensation fund), and benefit surcharges(payment of vacations, premiums, severance payments, interests over severance payments), supplies, transportation
allowance, overtime, nighttime or and Sunday surcharge.
A written policy, committing to payment of a living wage should be in place.
The implementation plan should have specific targets, and a phased-implementation process should be in place, including
the following:

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6.2 (Continued)

•
•
•
•

An assessment is conducted to determine prevailing wages and in-kind benefits already being provided to workers
There is annual progress on the implementation of living wages
Where a minimum wage, based on equivalent basket of goods, is stipulated in Collective Bargaining Agreements (CBAs),
this should be used as the foundation for the gradual implementation of the living wage payment
The unit of certification may choose to implement the living wage payment in a specific section as a pilot project; thepilot will then be evaluated and adapted before an eventual scale-up of the living wage implementation

Without disrupting the wage distribution, employers can provide more or better in-kind benefits to increase the living
standards of their workers, as long as it is agreed upon by the trade union/worker representatives.
We recommend considering the definition of document: “Decent work in Colombia. Preventive monitoring and control topublic policies.” Office of the Inspector General of Colombia”, regarding Articles 53 and 25 of the Political Constitution ofColombia.:“Minimum, vital and mobile remuneration: The salary paid to a worker for using his strength in favor of an employer mustbe, first of all, proportional or equivalent to the quantity and quality of the work. Additionally, it implies that said
remuneration is minimum, vital and mobile. The vital nature implies that the strength used by the worker to the benefit of
his employer must be compensated through a remuneration that allows the former to have a decent life, as this is how the
worker ensures the sustenance for himself and for his family.”Mobility is understood as the right of the worker to maintaining his purchasing power through time.
6.2.7. Law 50/1990, Resolution 2021/2018, and Law 1429/2010 (Article 63), and the criteria of the constitutional
jurisprudence, regulate this indicator.
Annex 7 contains a summary of the direct contracting models and figures currently available in Colombia for intermediationand outsourcing. Should any change in the regulations take place, said change should be considered.

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6.3

The right of staff and workers, including migrant and transmigrant workers and contract workers, to form associations andbargain collectively with the unit of certification should be respected, in accordance with Conventions 87 and 98 of the ILO.
Collective bargaining is encouraged to include terms and conditions relevant to workers’ rights, but also to the workers andfamilies’ rights to access health care, education, nutritious food, safety/protection equipment, energy, and could include a clear
mechanism of grievances and remedy.
Foreign workers should be encouraged to join unions. Where the right to freedom of association and collective bargaining are
restricted under law, the unit of certification publishes a statement that facilitates parallel means of independent and freeassociation and bargaining for all such personnel.

6.4

Service contracts and supplier agreements refer to those that the unit of certification enters into and has influence over; rather
than for agreements that cover services of infrastructure set up, such as telephone or electricity.
The unit of certification should clearly define the minimum working age, together with working hours. Only workers above theminimum school leaving age in the country or who are at least 15 years old may be employed. The minimum age of workers
will not be less than stated under national regulations. Any hazardous work should not be done by those under 18, as per ILO
Convention 138.
La edad mínima de los trabajadores no será inferior a la establecida en la regulación nacional. Según el Convenio 138 de la OIT,
los menores de 18 años no realizarán ningún trabajo peligroso.
For children between 15 and 18 years of age, the Colombian regulations issue a special work permit and establishes someforbidden activities. The Colombian regulations on child labor, including the minimum legal age to work, may be found in:••••

The public policy for the prevention and the elimination of child labor and the protection, issued by the National Planning
Department, the Colombian Family Welfare Institute, and the Ministry of Labor.
Substantive Labor CodeChildhood and Adolescence CodeResolution 1796/2018 (establishing the dangerous activities for minors).

Work in family farms, when the farm is contracted to or provides business to another entity, is prohibited. Farm work is only
accepted when it is for the family’s own consumption.

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Criterion (new)Guidance

6.4 (Continued)

Child labour is not exacted only by employers, and children do not have to be in an employment relationship with a third-party
employer to be in child labour and to suffer its consequences.
Age verification documents include a government recognised photographic identification document, where available. In
Colombia, the identification card is used to verify the age of young workers.
Examples of remediation are: procedures to assist underage workers found to be working; to ensure the children are taken outof the work site, parents/guardians are informed, medical testing to assess physical and mental health is conducted; and theunit of certification ensures that the children are enrolled in school.

6.5

There should be a clear policy developed in consultation with staff and workers, contract workers and other relevant
stakeholders, and the policy should be publicly available. Progress in implementing the policy should be regularly monitored,
and the results of monitoring activities should be recorded.
These policies should include education for women and awareness of the workforce. There should be programmes provided
for particular issues faced by women, such as violence and sexual harassment in the workplace. This committee, which should
include representatives from all areas of work, will consider matters such as: training on women’s rights; counselling for women
affected by violence; child care facilities to be provided by the unit of certification; women to be allowed to breastfeed up tonine months before resuming chemical spraying or usage tasks; and women to be given specific break times to enable effective
breastfeeding.
We recommend that the policy also considers the prevention and treatment of sexual harassment and of all other forms ofharassment and violence.
We recommend promoting shared familiar responsibilities for new parents, provided the couple works at the same company.

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6.5 (Continuación)

The Colombian regulations applicable to this criterion are included in:• Law 1010/2006 Workplace harassment law• Law 1236/2008 “Whereby some articles of the criminal code regarding sexual harassment felonies are amended” (does notinclude sexual harassment• Law 1257/2008 Article 210. A. Sexual harassment
For 6.5.3: The Gender Committee can support the assessment.
Adequate space and paid breaks should be provided to enable mothers with infants 24 months or younger to breastfeed or
express and store breast milk with privacy.

6.6

Migrant workers should be legalised, and a separate employment agreement should be drawn up to meet immigration
requirements for foreign workers and international standards. Any deductions made should not jeopardise a DLW.
Workers may voluntarily want to have their passports or identity documents held by the management for safekeeping
purposes. In such cases, the documents should be returned to the workers upon request. There should be evidence of due
diligence in applying this to all sub-contract workers and suppliers.
National guidance should be used on contract substitution.
The contract substitution takes place in the case of migrant workers, when a worker subscribes a contract in his country oforigin, but is then forced to sign an entirely different contract in the destination. This concept is not legal in Colombia at thetime.
Workers should enter into employment voluntarily and freely, without the threat of a penalty, and should have the freedom toterminate employment without penalty given reasonable notice or as per agreement. This is in accordance with ILO
conventions: Forced Labour Convention, 1930 (No. 29) ; Protocol of 2014 to the Forced Labour Convention, 1930 (P029) ;Abolition of Forced Labour Convention, 1957 (No. 105) ; Forced Labour Recommendation, 2014 (No. 203).
The specific labour policy should include:

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Criterion (new)6.6 (Continued)

6.7

Guidance• Statement of the non-discriminatory practices• No contract substitution• Post-arrival orientation programme to focus especially on language, safety, labour laws, cultural practices etc.
• Decent housing to be provided in accordance with national law or in their absence ILO Recommendation 115 when housing
is provided by the company.
• Fees related to recruitment and hiring of migrant workers

For 6.7.4, the Colombian Law includes the Occupational Risks Administrators (ARL, for its initials in Spanish). Their main duties
include offering coverage to workers to prevent, protect and tend to the effects of occupational diseases and workplace
accidents, and is regulated by:• Law 1562/2012• Resolution 0312/2019

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GUIDANCE

Principle 7: Protect, conserve and enhance ecosystemsn and the environment
Criterion (new)Guidance

7.1

The unit of certification should apply recognised IDPM techniques, incorporating cultural, biological, mechanical and physicalmethods to minimise the use of chemicals. Native species should be used in biological control where possible.
In specific cases for the control of pests and diseases by fire, as per regulations, there should be evidence of prior approval of thecontrolled burning as specified by the relevant authorities in the ‘Guidelines for the Implementation of the ASEAN Policy on Zero
Burning’ 2003, or comparable guidelines or regulations in other regions.
We recommend that the IDPM includes a prevention and control programme, with an internal monitoring and audit mechanismthat ensures its implementation throughout the area of influence of the mills (own plantations and those of suppliers).
The unit of certification shall promote awareness or sensitization activities to give importance to the sanitary management
programmes of regional interest and their effects on the surrounding areas, including the registry of new findings in pests anddiseases management to support early warning strategies.
Those responsible for preparing, coordinating and supporting the IDPM plans shall have the respective qualifications, including:••Training as agricultural engineer, agronomist, or similar
Experience in sanitary management.

For 7.1.2: We recommend that the management and monitoring plans for the species included in the aforementioned databases
include measures to prevent and control the expansion of these species outside of the production area. For Colombia there is alist of exotic invasive species, defined under Resolutions 0848/2008 and 0207/2010, issued by the former Ministry ofEnvironment, Housing and Territorial Development, and we recommend the publication “State of knowledge on invasive species.
Proposal of guidelines for controlling their impacts.” Alexander von Humboldt Biological Resources Research Institute, 2006

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7.1 (Continued)

Para 7.1.3. The use of fire for outdoor burning requires authorization from the competent environmental authority. No
authorization from the environmental authority is required when fire is specifically used for scorching as a Bud Rot (BR) control
activity; however, said activity shall be reported as part of the management plan registered before the ICA.
Regarding the management of plagues and diseases, refer to the Compendium of Methodological Guidelines on oil palm
technologies, published by Fedepalma, Cenipalma, SENA and SAC; the methodological guidelines for this subject are available at(https://www.cenipalma.org/publicaciones/ ) as follows:
•
•
•
•
•
•
•
•
•
•
•

7.2

Guideline on best agricultural practices for the prevention of phytosanitary problems (2018)
Pocket guide for the recognition and management of the main diseases and insects-plagues on the crop (2016).
Methodological guideline for the recognition and management of leaf-eating insects and insects related to Pestalotiopsis.
Pocket guide. Loxotoma elegans and its natural enemies.
Rhynchophorus palmarum management pocket guide.
Methodological guideline for the implementation of Rhynchophorus palmarum management techniques.
Identification of phytosanitary risks on oil palm.
Methodological guideline for the recognition and management of Lethal Wilt (LW) on oil palm.
Pocket guide for diagnosing and managing Sudden Wilt (SW).
Methodological guideline for the recognition and management of Bud Rot (BR) on oil palm.
Do’s and Dont’s to prevent Bud Rot (BR).

The RSPO has identified some examples of alternatives to pesticide and herbicide use, which include those listed in the ‘Research
Project on Integrated Weed Management Strategies for Oil Palm’, CABI, April 2011.
Due to problems in the accuracy of measurement, monitoring of pesticide toxicity is not applicable to Independent Smallholders.
The justification should consider less harmful alternatives and IPM. Justification of the use of such pesticides will be included in
the public summary report. Measures to avoid the development of resistance (such as pesticide rotations) should be applied.

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Criterion (new)Guidance

7.2

For 7.2.4. In Colombia, pesticides are used as a prevention and prophylactic measure when cases of the Bud Rot (BR) or Lethal
Wilt (LW) diseases are identified. We recommend the following guides issued by Cenipalma to manage these diseases:•

Methodological guideline for the recognition and management of Bud Rot (BR) on oil palm.

•

Methodological guideline for the recognition and management of Lethal Wilt (LW) on oil palm Guía

Due diligence is understood as the process through which enterprises should identify, assess, mitigate, prevent and account for
how they verify the emergency use of pesticides that are categorised as World Health Organisation Class 1A or 1B, or that arelisted by the Stockholm or Rotterdam Conventions, and paraquat, which are banned from use in RSPO, except in very specificsituations. The nature and extent of due diligence will be affected by factors such as the size of the area where the pesticides
should be applied, the context and location of the application, the nature of products or services, and the severity of actual andpotential adverse impacts which will be caused by the use of the high hazardous pesticides.
The due diligence should refer to:
•
•
•
•
•

Judgment of the threat and verification of why this is a major threat
Why there is no other alternative which can be used
Which process was applied to verify that there is no other less hazardous alternative
What the process is to limit the negative impacts of the applications
estimation of the timescale of the application and which steps are taken to limit the application to a singularity

Recognised best practice includes: storage of all pesticides as prescribed in the ‘FAO International Code of Conduct on the
distribution and use of pesticides’ and its guidelines and supplemented by relevant industry guidelines in support of theInternational Code (see Annex 3).
The training on pesticide management shall be conducted pursuant to the provisions of Decree 1843/1991 issued by the Ministryof Health. Articles 173 and 175.

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7.2 (continued)

The provisions of Decree 1843/1991 shall apply for air spraying. Chapter 9, Articles 87, 89, 95, 96, 97, and 98.
Regarding the occupational medical examination, we recommend applying Resolution 2346/2007 issued by the Ministry of Healthand Social Protection “whereby the practice of occupational medical examinations, and the management and content ofoccupational clinical records is regulated.”
We recommend using the following publications:
•

•
•

7.3

Technical guideline for the storage, management and disposal of agrochemicals”, developed by the Ministry of Environment
and Sustainable Development (MADS, for its initials in Spanish), the Colombian Agricultural Institute (ICA, for its initials in
Spanish), and the National Association of Entrepeneurs of Colombia (ANDI, for its initials in Spanish).
Guideline for the labor formalization, forms of contracting and application of the occupational health and safety standard forworking with oil palm.” Fedepalma 2016
Field book for recording and controlling field activities in the cultivation of oil palm. Cenipalma 2018

The waste management and disposal plan should include measures for:••

Improving the efficiency of resource utilisation and recycling potential wastes as nutrients or converting them into valueadded products (e.g. through animal feeding programmes).
Appropriate management and disposal of hazardous chemicals and their containers. Surplus chemical containers should bereused, recycled or disposed of in an environmentally and socially responsible way using best available practices (e.g.
returned to the vendor or cleaned using a triple rinse method), in such a way that there is no risk of contamination of water
sources or risk to human health. The disposal instructions on the manufacturers’ labels should be adhered to.

The unit of certification is encouraged to improve the waste management in surrounding neighbourhoods.
Where there are no options for non-toxic and non-hazardous domestic waste collection by local government services, landfills
may be required as a solution for disposal.
Where landfills are used, appropriate guidelines should be followed, which includes being:

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Criterion (new)Guidance

7.3 (Continued)•••

Only for domestic and household waste, where inorganic waste is minimised
Located away from water sources, people and communities, and outside conservation areas
Properly covered, with clear demarcation and signage to avoid disturbance.

In Colombia, the wastes considered to be hazardous are currently defined under Decree 4741/2005. The legal requirement on
the management of hazardous wastes are mainly contained in said Decree, in Law 1252/2008, and in other regulations includedin Annex 2 or any regulation replacing or amending them.
An Integral Solid and Hazardous Management Plan (PGIRS, PGIRSRESPEL, for its initials in Spanish) is required under Decree4741/2005 and Law 1252/2008, or the regulations replacing or amending them.
The compliance with the post-use obligations for pesticide containers is mandatory as per:•••Resolution 1443/2004
Resolution 693/2007
Resolution 1675/2013

We recommend the following reference documents on best practices for the separation of wastes at the source and the adequate
management and use of byproducts from palm oil mills:••••

ICONTEC (2009), Colombian Technical Standard GTC 24: “Environmental Management. Solid Wastes. Guideline for the
separation at the source”, Bogotá, Colombia, 2009.
Cenipalma (2011), Technical Bulletin No. 30 “Characterization and management of the byproducts of the oil palm fruit milling
process”, Bogotá.
Cenipalma (2011), Technical Bulletin No. 31 “Composting of byproducts of the oil palm agribusiness in Colombia”, Bogotá.
Cenipalma (2018) “Guideline for the management of ordinary and hazardous wastes generated while growing oil palm”;
Bogotá.

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7.4

Long-term fertility depends on maintaining the structure, organic matter content, nutrient status and microbiological health of
the soil. Nutrient efficiency should take account of the age of plantations and soil conditions. The nutrient recycling strategy
should include any use of biomass for by-products or energy production and should drive to minimise in-organic fertiliser use.
We recommend using Technical Bulleting No. 12 “General guideline for foliar and soil sampling in oil palm crops”, published byCentro de Investigación en Palma de Aceite- Cenipalma, Fedepalma, SENA and FONADE, as a reference.
We recommend considering the following publications:•

7.5

Methodological guide for the characterization and adaptation of soils to plant oil palm crops.

Techniques that minimise sil erosion are well known and should be adopted where appropriate. These should include practices
such as ground cover management, biomass recycling, terracing, and natural regeneration or restoration instead of replanting..
For 7.5.1: In Colombia, steep terrains means that their inclination does not exceed 23%. Plantations whose incline exceeds 12%,and up to 23%, shall establish a terracing system or minimum tillage techniques. We recommend considering: Agroecology criteria
for the selection of lands for new oil palm crops in Colombia. (Revista Palmas, volume 25, tome II, 2004)
A road maintenance program should be in place.
In Colombia, the following are available:“Maps of soils in Colombia”, developed by the Agustin Codazzi geographical institute, which contains the official classification of
the soils in the country at a regional scale.
We recommend considering the following documents:
Agronomic principles for planting oil palm crops in Colombia, Cenipalma, 2009.
•••

Guidelines for the design and establishment of new oil palm sustainable plantations. Cenipalma 2019.
Methodological guideline “planting and management of oil palm cover leguminous plants”.
Methodological guide “characterization and adaptation of soils to plant oil palm crops”

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Criterion (new)Guidance

7.6

These activities can be linked to the SEIA (see Criterion 3.4) but need not be done by independent experts.
Soil suitability maps or soil surveys should be appropriate to the scale of operation and should include information on soil types,
topography, hydrology, rooting depth, moisture availability, stoniness and fertility to ensure long-term sustainability of thedevelopment.
Soils requiring appropriate practices should be identified (see Criteria 7.6 and 7.7). This information should be used to plan
planting programmes, etc.
Measures should be planned to minimise erosion through appropriate use of heavy machinery, terracing on slopes, appropriate
road construction, rapid establishment of cover, protection of riverbanks, etc.
Areas located within the plantation perimeters that are considered unsuitable for long-term oil palm cultivation should bedelineated in plans and included in operations for conservation or rehabilitation as appropriate (see Criteria 7.6 and 7.7).
Assessing soil suitability is also important for smallholders, particularly where there are significant numbers operating in aparticular location.
Information should be collected on soil suitability by the unit of certification if planning to purchase FFB from potential
developments of Independent Smallholders in a particular location. The unit of certification should assess this information andprovide information to Independent Smallholders on soil suitability, and/or in conjunction with relevant government/ public
institutions and other organisations (including NGOs) provide information in order to assist Independent Smallholders to grow oilpalm sustainably.
Whenever possible, we recommend adopting the Agricultural Management Units (AMU) proposed by Cenipalma.

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7.6 (Continued)

We recommend considering the following publications by Cenipalma.
•
•
•

7.7

Guidelines for the design and establishment of new oil palm sustainable plantations. Cenipalma 2019.
Guía metodológica para la conformación de Unidades de Manejo Agronómico (UMA).
Methodological guide “characterization and adaptation of soils to plant oil palm crops”

The unit of certification is encouraged to map the peatlands within the supply base to enable monitoring and promotion of BMPs.
For Indicator 7.7.3: For existing plantings on peat, the water table should be maintained at an average of 50 cm (between 40 cm
and 60 cm) below ground surface unless required to be higher by national regulations, measured with groundwater piezometerreadings, or an average of 60 cm (between 50 cm and 70 cm) below ground surface as measured in water collection drains,through a network of appropriate water control structures (e.g. weirs, sandbags, etc.) in fields, and watergates at the discharge
points of main drains.
For Indicator 7.7.3: Monitoring of subsidence should be undertaken in all drained peat areas in the plantation including areas
adjacent to the plantation where water tables may be impacted by drainage associated with the plantation.

7.8

The water management plan should include:
•
•
•
•
•

Consideration of relevant stakeholders, their water use, and water resource availability
Taking account of the efficiency of use and renewability of sources, including the information of the environmental
authorities. In the event that this information is not available, consider the hydrological characteristics of the water sources.
Ensuring that the use and management of water by the unit of certification does not result in adverse impacts on other users
within the catchment area, including local communities and customary water users
Aiming to ensure local communities, workers and their families have access to adequate, clean water for drinking, cooking,bathing and cleaning purposes
Avoiding contamination of surface and ground water through runoff of soil, nutrients or chemicals, or as a result of
inadequate disposal of waste including POME

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Criterion (new)Guidance

7.8 (Continued)

To manage riparian zones, consider Decree 2245/2017 and Resolution 957 dated May 31, 2018, “Technical guideline of criteria
for dimensioning riparian zones in Colombia.”
To manage riparian zones, consider the provisions of the Drainage Basins Management and Ordering Plans (POMCA, for its initials
in Spanish), which are first-order planning instruments and have priority over the Territorial Ordering Plans (POT, for its initials in
Spanish), when available.
Refer to the “RSPO Manual on Best Management Practices (BMPs) for the management and rehabilitation of the naturalvegetation related to the growing of oil palm in peat soils”, July of 2013.
In Colombia, every grower or mill using water through a water concession shall have a Program for the Efficient Use and Savingof Water, pursuant to the provisions of Decree 1090/2018.
In Colombia, every grower or mill who makes occasional discharges to surface, sea or ground waters shall have a discharge permit
granted by the competent environmental authority (consider Decree 3930/2010). Specific discharges into water bodies shallcomply with the parameters and maximum permissible limits set forth in Resolution 0631/2015, or the regulation replacing or
amending it. Additionally, the payment of a retribution fee shall be demonstrated.
Where national regulations do not specify mill effluent requirements or discharge quality, these should be defined at NI level.
Occasional discharges into the soil shall comply with the provisions of Decree 050/2018.
Whenever possible, this monitoring should be complemented with:••

Total water (surface or ground) consumption records and monitoring in crops and mills (see Article 48 of Decree 1541/1978).
Records and monitoring of water used per ton of FFB produced.

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7.8 (Continued)

Growers and mills shall demonstrate that they implement best agricultural and milling practices regarding water management,
and that they have local rainfall and evaporation registries.
Refer to the ‘RSPO Manual on BMPs for the management and rehabilitation of riparian reserves’ (April 2017).
We recommend considering the following publications by Cenipalma and Fedepalma:
•
•

7.9

Recommendations for the integral management of waste waters in mills, and compliance with Resolution 631/2015 ondischarges. Fedepalma 2016.
Technological routes for the integral management of waste waters in mills of the palm sector. Fedepalma 2011.

Renewable energy use per tonne of CPO or palm product in the mill should be monitored and reported.
Direct fossil fuel use per tonne of CPO or FFB should be monitored.
Energy efficiency should be taken into account in the construction or upgrading of all operations. The unit of certification should
assess the direct energy use of their operations, including fuel and electricity, and energy efficiency of its operations. This should
include estimation of fuel use by on-site contract workers, including all transport and machinery operations.
The feasibility of collecting and using biogas should be studied where relevant.
We recommend considering the following publications by Cenipalma and Fedepalma:•

Cenipalma Technical Bulletin No. 38. Methodology for the measurement, characterization and diagnosis of the performancein the consumption of industrial services by mills.

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Criterion (new)Guidance

7.10

The unit of certification should only establish new plantings on mineral soils, in low carbon stock areas, and cultivated areas(including rubber and tree crops), which the current users are willing to develop into oil palm.
Plans prepared by the unit of certification should specify actions to be taken to reduce GHG emissions including for example,
adopting low-emission management practices for both mills (e.g. better management of palm oil mill effluent (POME), efficientboilers etc.) and plantations (e.g. optimal fertiliser use, energy efficient transportation, good water management, restoration ofpeatlands and conservation areas). Reference can be made to the RSPO Compilation of BMPs to Reduce Total Emissions from
Palm Oil Production. This Criterion covers plantations, mill operations, roads and other infrastructure including access andperimeter canals and roads.
For 7.10.2, the significant pollutants that may result from the activities performed in the units of certification should be identified
and prioritized in the SEIA.
We recommend considering the following publications by Cenipalma and Fedepalma:
•
•
•

7.11

Guideline for the efficient operation of steam generation systems and the reduction of atmospheric emissions in mills of thepalm sector. Fedepalma 2015.
Energy generation potential of the oil palm agribusiness in Colombia. 2015
Procedure and incentives for the generation and sale of renewable electrical energy for the oil palm agribusiness in Colombia.
2017

Extension/training programmes for smallholders may be necessary.
••

We recommend having a contingency plan for accidental burning or fires caused by third parties.
We recommend having knowledge and coordination of the risk management and disaster prevention strategies of themunicipalities on where the units of certification operate. Especially, with the “Simplified municipal contingency plan forforest fires”

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7.12

For Indicator 7.12.2:
HCV assessments conducted as part of integrated HCV-HCS assessments, should follow the HCVRN procedures, using HCVRN ALS
approved assessors for HCV assessments for new plantings, in line with the current version of the Common Guidance on HCV
Identification provided by the HCVRN or national HCV toolkits.
NIs of the globally-applicable HCV definitions may be used to assist with implementation of the HCVA. The globally- applicable
HCV definitions provided in the Common Guidance take precedence in any cases where a conflict is perceived with a NI.
Where landscape level HCV and/or HCS maps have been developed, these should be taken into account in project planning,whether or not such maps form part of government land use plans.
Further guidance for implementation of ‘wider landscape-level considerations’ and other natural ecosystems will be developedby the BHCV WG. This will include reference to Key Biodiversity Areas (KBAs), which are identified under a Global Standard (IUCN
2016) and should be identified through an HCV assessment.
For 7.12.3, Applies to countries and landscapes included in the RSPO High Forest Cover lists.
For Indicator 7.12.4:
Refer to relevant guidance documents on RSPO and HCVRN websites.
The integrated management plan should be developed in collaboration with other stakeholders active in that landscape before
and during the project implementation. It should be adaptive to changes in HCVs. Evidence of attempted collaboration efforts
should be documented and available. Such collaborative plans and areas should include but are not limited to:••

Identifying, protecting and/or enhancing forest connectivity important for biodiversity, ecosystem services, or watershed
protection
Minimising hydrological impacts to the landscape related to or arising from drainage systems and access roads or canals
linked to the plantation

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Criterion (new)Guidance

7.12 (Continued)

•
•
•
•
•

Ensuring that any legal requirements relating to the protection of species or habitats are met
Avoiding damage to and deterioration of HCV habitats, for example by ensuring that HCV areas are connected, corridors areconserved, and buffer zones around HCV areas are created;
Protecting and managing other conservation areas including watercourses and wetlands, peatlands, riparian zones, andsteep slopes
Controlling any illegal or inappropriate hunting, fishing or collecting activities, and encroachment
Developing responsible measures to resolve human-wildlife conflicts (e.g. incursions by elephants)

For Indicator 7.12.5:
Decisions will be made in consultation with the affected communities.
Areas required by affected communities to meet their basic needs, taking into account potential positive and negative changes
in livelihoods resulting from proposed operations, should be identified in consultation with the communities and incorporated
into HCV and HCS assessments and management plans.
The unit of certification should consider a variety of land management and tenure options to secure HCV management areas inways that also secure local peoples’ rights and livelihoods. Some areas are best allocated to community management and secured
through customary or legal tenures; in other cases, co-management options may be considered.
Where communities are asked to relinquish rights so that HCVs can be protected or enhanced by the companies or state agencies,
then great care needs to be taken to ensure that communities retain access to adequate land and resources to secure their basic
needs; all such relinquishment of rights must be subjected to their FPIC.

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Criterion (new)7.12 (Continued)

Guidance
7.12.6 Considering that the HCV studies have time and budget limitations which, in most cases, do not allow identifying all the
RTEs, it is important that the species lists are updated during the monitoring and that official and academic sources (e.g. The
IUCN, Resolution 1912/2017 issued by the Ministry of Environment and Sustainable Development, and the available regulations
and publications of environmental authorities) are used as a guideline.
For Indicator 7.12.7:

Refer to HCVRN Common Guidance for HCV Management and Monitoring document

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ANNEX 3: KEY INTERNATIONAL LAWS AND CONVETIONS APPLICABLE TO
THE PRODUCTION OF PALM OIL
Theme

Ethical BusinessConduct

Referenced
in folowing
PyC

International Standards
Convention

1.1
1.2
2

United Nations Convention
against Corruption (2000)

1.2
2.1
2.2

Private Employment Agencies
Convention 1997 (no. 181)

Respect for Human
Rights

4.1
4.2

Respec for Human
Rights4
5
6

Principles and Criteria for the Production of Sustainable Palm Oil

Declaration

Key
Provisions

Summary of Protection

Guiding Principles/
UN Outcome
Documents
Art. 12

Promoting the development ofstandards and procedures tosafeguard the integrity of private
entities, including codes of conduct,
for business activities and preventing
conflict of interest.
Promoting transparency.
Ensuring that companies havesufficient internal auditing controls toprevent corruption.
Covers protection for workers who areemployed through third party and/or
private employment agencies.

Declaration on the
Rights of Human
Rights Defenders

Contains human rights standards
enshrinedinotherinternational
instruments that are legally binding for theprotection of human rights, including
HRDs.
United Nations
Guiding Principles
on Business andHuman
Rights
(2011)

Principles
11-24

Respect human rights, by avoiding
and/or mitigating negative impacts
regardless of their organisation size,
sector of operation or ownership

Annex 3: Key international laws and conventions applicable to the production of palm oil

141

Annex 3

KEY INTERNATIONAL LAWS AND CONVENTIONS APPLICABLE TO THE PRODUCTION OF PALM OIL
Theme

Referenced
in folowing
PyC

4
5
6

International Standards
Convention

Core International Human
Rights Treaties:- International Covenant on
Civil and Political Rights(ICCPR)- International Covenant on
Economic,
SocialandCultural Rights (ICESCR)- International Convention on
the Elimination of All Formsof Racial Discrimination(ICERD)

Principles and Criteria for the Production of Sustainable Palm Oil

Declaration

Key
Provisions

Summary of Protection

All core humanrights treaties

Respect for human rights regardless ofage, nationality, gender, race, ethnicity,religion, ability, marital status, sexual
orientation and gender identity, politicalopinion or affiliation, etc

Guiding
Principles/ UN
OutcomeDocuments

Annex 3: Key international laws and conventions applicable to the production of palm oil

142

ThemeReferenced infolowing
PyC

Respect for Human
Rights4
5
6

Just Land
Acquisition

4

International Standards
Convention

Declaration

Key
Provisions

Summary of Protection

Guiding
Principles/ UN
OutcomeDocuments- Convention against Tortureand Other Cruel, Inhuman or
Degrading Treatment or
Punishment (CAT)- Convention on the Rights of
the Child (CRC)- International Convention on
Protection of the Rights of All
Migrant Workers andMembers of Their Families(ICMRW)- Convention for the Protectionof All Persons from Enforced
Disappearance (CPED)- Convention on the Rights of
Persons with Disabilities(CRPD)ILO Convention 169 (1989) on
Indigenous and Tribal Peoples

4

UN Declaration on
the Rights ofIndigenous
Peoples (2007)

Arts. 13-19

Respect and safeguard rights to lands andnatural resources traditionally occupied
and used; respect for customs ofinheritance; no forced removals;
compensation for loss and injury.

Arts. 25-26

Right to distinctive relationship withland; right to own, use, develop andcontrol their lands, territories andother resources

otection

Principles and Criteria for the Production of Sustainable Palm Oil

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Annex 3

KEY INTERNATIONAL LAWS AND CONVENTIONS APPLICABLE TO THE PRODUCTION OF PALM OIL
Theme

Referenced infolowing PyC

International Standards
Convention

4

PublicParticipation
Affective
Communities

ofDeclaration

Summary of Protection

Art. 10(c)Protect and encourage customary
use of biological resources inaccordance with traditional practices

Guiding
Principles/ UN
OutcomeDocuments

UN Convention on Biological
Diversity (1992)

4.5
4.5

Key
Provisions

Rio Declaration on Principle 10
Environment andDevelopment(1992) andAgenda 21

Environmental issues are best handledwith the participation of all concerned
citizens, at the relevant level. Principle 10
combines public participation with publicaccess to information and access toremedial procedures. According toAgenda 21, one of the fundamental
principles for the achievement ofsustainable development is broad public
participation in decision-making. Both
Agenda 21 and the Rio Declarationemphasise the importance of theparticipation of all major groups, andspecial emphasis has been given,
including in legally binding international
instruments, to ensuring participation indecision-making of those groups that areconsideredtobepoliticallydisadvantaged, such as indigenous
peoples and women

Naciones Unidas

Principles and Criteria for the Production of Sustainable Palm Oil

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144

ThemeReferenced infolowing PyC

International Standards
Convention

Fair Representation
and Participationof Indigenous andTribal People

4.2
4.4
4.5
4.6

Declaration

ILO Convention 169 (1989)
on Indigenous and Tribal

Key
Provisions

Summary of Protection

Guiding
Principles/ UN
OutcomeDocuments
Arts. 6-9

Self-representation through institutions;consultations with objective of achieving
agreement or consent; rights to decide
their own priorities, retain their own
customs and resolve their offences
according to customary law (compatible
with international laws).

Peoples

4.4-4.8

UN Declarationon the Rights ofIndigenous
Peoples (2007)

Art. 3

Indigenous peoples have the right to selfdetermination and to freely pursue theireconomic,socialandculturaldevelopment

4.4
4.5
4.7

UN Declarationon the Rights ofIndigenous
Peoples (2007)

Art. 1011(2), 19,
28(1),
29(2) y32(2)Right to FPIC to any project affecting theirlands as expressed through their own
representative institutions

4.4
4.5
4.7

Convention on the Eliminations of
All Forms of Racial Discrimination,
International
Covenanton
Economic, Social and Cultural
Rights, Inter American Human
Rights System

Principles and Criteria for the Production of Sustainable Palm Oil

UN
CERD FPIC for decisions that may affectCommittee, UN
indigenous people. (This standard has
Committee
onSocial Culture and been widely accepted as ‘best practice’
Economic Rights, standard by bodies such as WorldInter American
Commissionon
Dams,
Extractive
Commission
on Industries Review, Forest Stewardship
Human Rights
Council, UNDP, CBD, IUCN, WWF)

Annex 3: Key international laws and conventions applicable to the production of palm oil

145

Annex 3

KEY INTERNATIONAL LAWS AND CONVENTIONS APPLICABLE TO THE PRODUCTION OF PALM OIL
Theme

No Forced Labour

Referenced
in following
PyC

2.2
6.6

International Standards
Convention

ILO Convention
Forced Labour

29

Declaration(1930)

6.6

Protection ofChildrenProtocol of 2014 to
the Forced Labour
Convention 1930

Key
provisions

Summary of Protection

Guiding priniples/
UN Outcome
Documents
Art. 5

No concession to companies shallinvolve any form of forced orcompulsory labour.

Arts. 1, 2, 4

Provides the measures which should betaken for the avoidance of forced orcompulsory labour

6.6

ILO Convention 105 (1957)
Abolition of Forced Labour

Art. 1

Not make use of any form of forced orcompulsory labour

6.4

ILO Convention
Minimum Age

Arts. 1-9

Abolition of child labour and definition ofnational minimum age for labour not lessthan 15-18 years (depending on
occupation

6.4

ILO Convention 182 (1999)
Worst Forms of Child Labour

Arts. 1-7

Abolition of child slavery, debt bondage,
trafficking and procurement for
prostitution; suitable methods tomonitor and enforce compliance

6.4

Minimum
Age(Agriculture)
Convention 1921 (No.10)

Arts. 1-2

6.4

Convention on the Rights of theChild (CRC), 1989

Art. 32

Applicable to children under the age of
14 outside the hours of attendance inschool138(1973)

Principles and Criteria for the Production of Sustainable Palm Oil

Right of the child to be protected from
economic exploitation and fromperforming any work that is likely to be
hazardous or to interfere with the child’s
education, or to be harmful to the child’s
health or physical, mental, spiritual,moral or social development

Annex 3: Key international laws and conventions applicable to the production of palm oil

146

ThemeReferenced
in following
PyC

International Standards
Convention

UN Declaration on
the Rights ofIndigenous
Peoples (2007)

6.4
6.5
Freedom
Association
Collective
BargainingofandDeclaration

Key
provisions

Summary of Protection

Guiding priniples/
UN Outcome
Documents
Art. 17(2),21, 22(2)No exploitation or exposure to hazard or
discrimination
againstindigenous
women and children

6.3

ILO Convention 87 (1948)
Freedom of Association andProtection of Right to Organise

Arts. 2-11

Freedomtojoinorganisations,federations and confederations of theirown choosing; with freely chosen
constitutions and rules; measures toprotect the right to organise.

6.3

ILO Convention 98 (1949) Rightto Organise and Collective
Bargaining

Arts. 1-4

Protection against anti-union acts andmeasures to dominate unions; establish
means for voluntary negotiation of terms
and conditions of employment throughcollective agreements

6.3

ILO Convention 141 (1975)
Rural Workers’ Organisations

Arts. 2-3

Right of tenants, sharecroppers andsmallholders to organise; freedom fromassociation; free from interference andcoercion

6.3

International
Covenanton
Economic, Social and Cultural
Rights (ICESCR) (1966)

Principles and Criteria for the Production of Sustainable Palm Oil

Art. 8(1)The right of everyone to form tradeunions and join the trade union of theirchoice, subject only to the rules of theorganisation
concerned,forthepromotion and protection of theireconomic and social interests. No
restrictions may be placed on theexercise of this right, other than thoseprescribed by law and which arenecessary in a democratic society in theinterests of national security, or publicorder, or for the protection of the rights
and freedoms of others

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Annex 3

KEY INTERNATIONAL LAWS AND CONVENTIONS APPLICABLE TO THE PRODUCTION OF PALM OIL
Theme

Nondiscrimination and
Equal
Remuneration

Referenced
in following
PyC

International Standards
Convention

Declaration

Key
provisions

Summary of Protection

Guiding priniples/
UN Outcome
Documents

6.3

Collective
Bargaining
Convention, 1981 (No 154)

Arts. 1-3

Workers’ representatives in theundertaking shall enjoy effective
protection against any act prejudicial tothem, including dismissal, based on theirstatus or activities as a workers’
representative or on union membershipor participation in union activities, in so
far as they act in conformity with existinglaws or collective agreements or otherjointly agreed arrangements.

6.1

ILO Convention 100 (1951)
Equal Remuneration

Arts. 1-3

Equal remuneration for men andwomen for work of equal value

6.1

ILO Convention 111 (1958)
Discrimination (Employment
and Occupation)

Arts. 1-2

Equality of opportunity and treatment
in respect to employment andoccupation; no discrimination on thebasis of race, colour, sex, religion,
political opinion, national extraction orsocial origin

Art. 2, 8(e), 9,
15(2), 16(1),21(2), 22, 24(1),29(1),
46(3)No discrimination based on origin or
identity; free to express identity based on
custom; special attention to and full
protection of rights of indigenous women

6.1

Principles and Criteria for the Production of Sustainable Palm Oil

UN Declarationon the Rights ofIndigenous
Peoples (2007))

Annex 3: Key international laws and conventions applicable to the production of palm oil

148

ThemeInternacional Standars

Referenced
in following
PyC

Convention

Declaration

Guiding priniples/
UN Outcome
Documents

Key
Provisions

Summary ofProtection

6.1

ILO Convention 156 (1981)
Workers
with
FamilyResponsibility

Arts. 1-5, 7-10

No discrimination of any form against aworker, whether male or female withresponsibilities in relation to theirdependent children, where such
responsibilities restrict their possibilities
of preparing for, entering, participatingin or advancing in economic activity

2.2

ILO Convention on Private
Employment Agencies 1997

Arts. 1, 2, 4-12

Concerns the protection of workers
which are employed with the intention of
making the services of these workers
available to third parties(No. 181)
6.1

ILO Convention on Vocational
Rehabilitation and Employment(Disabled Persons) 1983 (No.
159)

Arts. 1-4

Este convenio se refiere a larehabilitación profesional para que una
persona con discapacidad pueda
conseguir, conservar y progresar en un
empleo adecuado y, de ese modo,
promover la integración o reintegraciónde esa persona en la sociedad.

6.1

International
Covenanton
Economic, Social and Cultural
Rights (ICESCR) (1966)

Art. 7

Fair wages and equal remuneration forwork of equal value without distinction of
any kind, in particular women being
guaranteed conditions of work notinferior to those enjoyed by men, withequal pay for equal work.
Equal opportunity for everyone to bepromoted in his employment to an
appropriate higher level, subject to no
considerations other than those of
seniority and competence

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Annex 3

KEY INTERNATIONAL LAWS AND CONVENTIONS APPLICABLE TO THE PRODUCTION OF PALM OIL
ThemeElimination
Harassment
Abuse
in
Workplace

Referenced
in following
PyC

of
and
the

6.5

Just Employment
for Migrants

2.2
6.6

6.6

International Standards
Convention

Convention on the Elimination of
All Forms of Discrimination
Against Women (CEDAW)

Declaration

Key
provisions

Summary of Protection

Guiding priniples/
UN Outcome
Documents
GeneralRecommendation 35of the private sector, including
businesses
andtransnational
corporations, in efforts to eradicate allforms of gender-based violenceagainst women; developing protocols
and procedures addressing all forms ofgender-based violence that may occur
in the workplace or affect women
workers, including effective andaccessible
internal
complaints
procedures.
Provision of information; no obstacles totravel; provision of healthcare; nondiscriminationinemployment;
accommodation, social security andremuneration; no forced repatriation oflegal migrant workers; repatriation ofsavings.

ILO Convention 143 (1975)
Migrant
Workers(Supplementary Provisions)Arts. 1-12

Respect basic human rights; protection ofillegalmigrants
fromabusive
employment; no trafficking in illegal
migrants; fair treatment of migrantlabouridas

Principles and Criteria for the Production of Sustainable Palm Oil

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150

ThemeProtection
Plantation
Workers

Referenced
in following
PyC

ofInternational Standards
Convention

Declaration

Key
provisions

Summary of Protection

Guiding
Principles UN
Documents

2.2
6.6

Convention on the Protection of
the Rights of All Migrant Workers
and Members of Their Families(1990)

Art. 11;21; 25; 26

Prevention of slavery; forced andcompulsory labour; on confiscation ofidentity documents; conditions of workand contractual terms; and freedom of
association and right to join trade unions

6.1

ILO Convention 97 (1949)
Migration for Employment

Arts. 5-91

Protection of members of families ofrecruited
workers’
rightsduringrecruitment
andtransport;
fair
employment contracts; abolition of penal
sanctions; fair wages and conditions ofwork; no coercion or obligation to use
company
stores;adequateaccommodation
andconditions;maternity protection; compensation for
injuries and accidents; freedom of
association; right to organise andcollective bargaining; proper labour
inspection; decent housing and medical
care.

6.2

ILO Convention No 11 Rights of
Association (Agriculture) 1921

Art. 1

All those who work in the agricultural
sector to be accorded the same rights
of association and combination as toindustrial workers

6
ILO Convention on Plantation(1958) (No. 110)

Principles and Criteria for the Production of Sustainable Palm Oil

Arts. 1,2,5,7,8,
11,12-15

This convention relates to rights ofworkers and their families (including
migrant workers) who have been
recruited to work on plantations

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Annex 3

KEY INTERNATIONAL LAWS AND CONVENTIONS APPLICABLE TO THE PRODUCTION OF PALM OIL
ThemeWorking
Workers

Referenced
in following
PyC

Time

International Standards
Convention

Declaration

Key
provisions

Summary of Protection

Guiding priniples/
UN Outcome
Documentsfor 6.2

ILO Convention No 101
Holidays with Pay (Agriculture)
1952

Arts. 1,3,5,7-9

Workers employed in agricultural
undertakings and related occupations
shall be granted an annual holiday with
pay after a period of continuous service
with the same employer

6.2

ILO Convention No 47 Forty
Hour Week

Art. 1Requires that a member adopts a 40
hour week in a manner that thestandard of living is not reduced as aconsequence

6.1

Convention on the Elimination of
All Forms of Discrimination
Against Women (CEDAW) (1979)

Art. 11

Right to free choice of profession andemployment, the right to promotion,
job security and all benefits andconditions of service and the right toreceive vocational training andretraining, including apprenticeships,
advanced vocational training andrecurrent training; Right to equal
remuneration, including benefits, andto equal treatment in respect of work ofequal value, as well as equality oftreatment in the evaluation of thequality of work

Protection of
Women’s Rights to
Work

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152

ThemeReferenced
in following
PyC

International Standards
Convention

Declaration

Key
provisions

Summary of Protection

Guiding
Principles UN
Documents

6.1

MaternityProtection
Convention 2000 (No. 183)

Art. 9

Prohibition from requiring a test for
pregnancy or a certificate of such a testwhen a woman is applying for
employment, except where required bynational laws or regulations in respect of
work

6.5
6.7

Convention on the Elimination of
All Forms of Discrimination
Against Women (CEDAW) (1979)

Art. 11(f)The right to protection of health and tosafety in working conditions, including
the safeguarding of the function of
reproduction

6.5

MaternityProtection
Convention 2000 (No. 183)

Art. 10

A woman shall be provided with the rightto one or more daily breaks or a daily
reduction of hours of work to breastfeed
her child
These breaks or the reduction of daily
hours of work shall be counted asworking time and remunerated
accordingly.

Protection of Tenants 4.2
and Sharecroppers

ILO
Recommendation
132

Arts. 4-8

Fair rents; adequate payment for crops;
provisions for well-being; organisation;
fair contracts; procedures for thesettlement of disputes(1968) Tenants andSharecroppers

Principles and Criteria for the Production of Sustainable Palm Oil

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Annex 3

KEY INTERNATIONAL LAWS AND CONVENTIONS APPLICABLE TO THE PRODUCTION OF PALM OIL
Theme

Protection
Smallholders

Health and Safety

Referenced
in following
PyC

ofInternational Standards
Convention

Declaration

Key
Provisions

Summary of Protection

Guiding priniples/
UN Outcome
Documents

5

ILO Convention 117 (1962)
Social Policy (Basic Aims andStandards)

Art. 4

Alienation with due regard to customary
rights; assistance to form cooperatives;
tenancy arrangements to secure highest
possible living standards

3.6
6.7

ILO Conventions 184 (2001)
Safety and Health in Agriculture

Arts. 7-21

Carry out risk assessments and adopt
preventive and protective measures toensure health and safety with respect toworkplaces, machinery equipment,chemical tools and processors; ensure
disseminationof
information,
appropriate training, supervision andcompliance; special protection for youth
and women workers; coverage against
occupational health and disease.

3.6
6.7

ILO Convention on Occupational
Cancer 1974
(No 139)

Principles and Criteria for the Production of Sustainable Palm Oil

Members shall make every effort tohave carcinogenic substances andagents to which workers may be
exposed in the course of their work
replacedbynon-carcinogenic
substances or agents or by less harmful
substances or agents; in the choice of
substitute substances or agents accountshall be taken of their carcinogenic,
toxic and other properties.

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154

ThemeReferenced
in following
PyC

International Standards
Convention

Declaration

Key
provisions

Summary of Protection

Guiding
Principles UN
Documents

3.6
6.7

ILO Convention on Invalidity
Insurance (Agriculture) 1933
(No. 38)

Arts. 1-6
13, 17,
20.23

Maintenance of a scheme for invalidity
Insurance for workers

6.1
6.2

Convention on Maternity
Protection 2000 (No. 183)

Arts. 2-4

Maternity Protection and benefits

Control or Eliminate 7.2
the use of Dangerous
Chemicals andPesticides

Stockholm Convention
Convention onon
Stockholm
Persistent Organic
Organic Pollutants
Pollutants
Persistent(2001)(2001)

Arts. 1-5

Prohibit and/or eliminate production
and use of chemicals listed in Annex A(eg Aldrin, Chlordane PCB); restrictproduction and use of chemicals in
Annex B (eg DDT); reduce or eliminate
releases of chemicals listed in Annex C(eg Hexaclorobenze)).

7.2

Rotterdam Convention on Prior
andInformed
Consent
Procedure for Certain Hazardous
Chemicals and Pesticides inInternational Trade (1998)

Arts. 1, 5
y6

Curb the trade of banned and hazardous
chemicals and pesticides; develop
national procedures for control of theiruse and trade; list banned andhazardous chemicals and pesticides .

Art. 21(1),23, 24,29(3)Improvement of livelihood andsanitation, health and housing,participate in health delivery; maintaintraditional health systems; effective
monitoring of health.

UN Declaration on
the Rights ofIndigenous
Peoples (2007)

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Annex 3

KEY INTERNATIONAL LAWS AND CONVENTIONS APPLICABLE TO THE PRODUCTION OF PALM OIL
Theme

Referenced
in following
PyC

International Standards
Convention

Declaration

Key
Provisions
Guiding priniples/
UN Outcome
Documents
Arts. 1-3

ILO Convention No 148 on
Working Environment (Air,
Pollution, Noise and Vibration)
1977

Right to Food

6.2

ILO Convention No 170 on
Chemical Convention 1990

Art. 2(c), y Parte
IV

International
Covenanton
Economic, Social and Cultural
Rights (ICESCR) (1966)

Art. 11

Principles and Criteria for the Production of Sustainable Palm Oil

Summary of Protection

Establece las medidas que deben
Provides for measures which should betaken for the prevention and control of,and protection against, occupational
hazards in the working environment due
to air pollution, noise and vibration.
Provides for measures to prevent or
reduce the incidences of chemicallyinduced illness and injuries at work; andidentifies the roles and responsibilities
of employers in the context ofidentification, transfer of chemicals,
exposures, operational control, disposal
and information dissemination andtraining

Right to adequate standard of living,
including right to food .

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156

ThemeReferenced
in following
PyC

Environmental
Protection

Conservation
Biodiversity

GHG Emissions

3.4

of

International Standards
Convention

Declaration

Key
provisions
Guiding
Principles UN
Documents

UN Convention on Biological
Diversity (1992)

Art. 14

UN Convention on Biological
Diversity (1992)

Arts. 1-18

7.10

Principles and Criteria for the Production of Sustainable Palm Oil

Summary of Protection

Arts. 1-4

Environmental impact assessment of its
proposed projects that are likely to havesignificant adverse effects on biologicaldiversity with a view to avoiding or
minimising such effects and, whereappropriate. allow for public participationin such procedures.
Conservation of biological diversity andthe sustainable use of its components .

Aimed at stabilising atmosphericconcentrations of greenhouse gases to
avoid“dangerous
anthropogenic
interference, including in agricultural
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157

ANNEX 4: IMPLEMENTATION PROCEDURE FOR INDICATOR 2.3.2

Where the unit of certification has smallholder suppliers, for existing RSPO certified
mills, the time requirement to fulfil this Criterion for all their smallholder suppliers isthree years from [15 November 2018]. For mills that are not yet certified/ mills goingfor first year of certification, the time requirement is three years from initial point ofcertification for their smallholder suppliers

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 4: Implementation procedure for Indicator 2.3.2

158

ANNEX 5: TRANSITION FROM HCV TO HCV-HCS ASSESSMENT
NO NEW LAND CLEARING SCENARIOS:

Criterion 7.12 requires that new land
clearing after 15 November 2018 (i.e.
adoption of the P&C at GA15) must be
preceded by an HCV-HCS assessment.
The Task Force recognises that there isan array of scenarios, in which HCV
assessments have previously been
undertaken and have been approved or
are in the process of approval. This
Annex shows how the new requirements apply in different scenarios ofexisting and new certifications, with andwithout new land clearing.

-

Existing certified plantations, with valid HCV assessment approved before 15
November 2018o Going for recertification → HCV assessment is acceptableo Replanting → HCV assessment is acceptable-

Existing plantations, not yet certified at 15 November 2018, going for initialcertificationo Without existing ALS Approved HCV Assessment → New combined HCV-HCS
requiredo With valid ALS approved HCV assessment → ALS Approved Assessment
acceptableoWhere certification is pending, as of 15 November 2018, because it has
been held up by RACP or HGU processes, previous approved HCV
assessment (RSPO and ALS approved), if they are not older than January
20091, will be accepted1
o HCV assessment submitted to ALS but pending approval before 15 November
2018→ If passes ALS process, then the approved HCV assessment is acceptable→ If fails ALS process, new combined HCV-HCS assessment requiredoReplanting → ALS approved HCV is acceptable

The date for first published list of RSPO-approved HCV
assessors.
1

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 5: Transition from HCV to HCV – HCS Assessment

159

ANNEX 5: TRANSITION FROM HCV TO HCV–HCS ASSESSMENT

NEW LAND CLEARING SCENARIOS:- In new plantations and in existing uncertified units, land clearing after 15 November 2018o Without existing HCV assessment→ New combined HCV-HCS requiredo

HCV assessment conducted, but not yet submitted to ALS before 15 November 2018
→ New combined HCV-HCS requiredo

HCV Assessment submitted to ALS but pending approval before 15 November 2018
→ If passes ALS process, then the approved HCV assessment is acceptable;→ If fails ALS process, new combined HCV-HCS assessment requiredo

NPP initiated by 15 November 2018 and HCV assessment conducted and passes ALS before 15 November 2018
→ ALS Approved HCV assessment is acceptable- In existing certified plantations (certified before 15 November 2018), with land clearing after 15 November 2018 → New combined HCV-HCS requiredo If area to be cleared is exclusively pasture, infrastructure, agriculture or monocrop tree plantations which have not been abandoned for more than
three years→ Valid HCV assessment + LUCA to demonstrate that no clearing of native vegetation occurred without prior HCV assessment is acceptable.

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 5: Transition from HCV to HCV – HCS Assessment

160

ANNEX 6: COLOMBIAN LEGAL FRAMEWORK
Below is a list of the main legal requirements related to the RSPO Principles and Criteria to the production of sustainable palm oil. Corresponds to the regulations
in force in Colombia with court as of May 2019. It should be noted that this is not an exhaustive compilation of the Colombian legal framework; It was developed
to guide oil palm growers and mills on the main legal requirements associated with the RSPO standard.

PRINCIPIO 1
CRITERIO 1.1 INFORMACIÓN TRANSPARENTE; DOCUMENTOS A DISPOSICIÓN DEL PÚBLICO; COMUNICACIÓN ENTRE LAS PARTESTEMA
REQUERIMIENTONORMATIVA/ REGLAMENTACIÓN
Definición de documentos públicos y privados
Código General del Proceso, art. 243, Inc. 2
Documentos públicos y privados
Reserva de documentos (definición y excepción)
Código de Comercio, arts. 61, 63
Matrícula mercantil
Código de Comercio, art. 26
Principios fijados por la Corte Constitucional
Ley Estatutaria 1266 de 2008
Ley de hábeās data
Respeto por la información obtenida
Law 1581/2012
Título traslaticio de dominio
Código Civil, art. 745
Título originario expedido por el Estado que no ha perdido eficacia
Ley 160 de 1994, art. 48
legal
Documentos que demuestran la Escritura pública y registro del título traslaticio
Código Civil, arts. 759 , 1857
propiedad
Perfeccionamiento del contrato de venta
Código Civil, art. 1857
Estatuto de registro de instrumentos públicos Ley
Registro de actos títulos y documentos
1579 de 2012, arts. 1, 4, 7, 8, 17, 21, 22, 23, 31, 49,
67
Contratación de asistencia médica
Código Sustantivo del Trabajo, art. 207
Seguro de riesgos profesionales
Código Sustantivo del Trabajo, art. 219
Medidas de higiene y seguridad (reglamento)
Código Sustantivo del Trabajo, arts. 348, 349
Efecto por el no pago de aportes al sistema general de riesgos
Ley 1562 de 2012, art. 7
laborales
Seguridad Social
Sanciones por incumplimiento de programas de salud ocupacional
Ley 1562 de 2012, art. 13
Prestaciones asistenciales y económicas
Decreto 1595 de 1994, arts. 5, 7
Obligaciones del empleador
MinTrabajo, Resolución 1409 de 2012, art. 3
Medidas de prevención para evitar la caída de trabajadores en
MinTrabajo, Resolución 1409 de 2012, art. 8
trabajos de altura

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Capacitación o certificación de la competencia laboral detrabajadores que realicen trabajo en alturas

Derecho de petición

Medidas de protección contra caídas
Sistema de gestión de la seguridad en el trabajo
Resolver los derechos que se presenten ante las instituciones
privadas

MinTrabajo, Resolución 1409 de 2012, art. 21
MinTraajo, Decreto 1443 de 2014
Código de Procedimiento Administrativo yContencioso Administrativo, Titulo II, Capítulos I y II
Constitución Política, art. 10
Código de Comercio, art. 823
Constitución Política, art. 10

Delitos contra el patrimonio económico (corrupción privada yadministración desleal)

Código Penal, adicionado por el Estatuto
Anticorrupción, arts. 250A, 250B
Estatuto anticorrupción, Ley 1474 de 2011, art. 34
y 313

Idioma oficial de Colombia
Idioma oficial de las minorías
CRITERIO 1.2 CONDUCTA ÉTICA
Estatuto anticorrupción

MinTrabajo, Resolución 1409 de 2012, art. 9

Evasión fiscal y medidas contra personas jurídicas

PRINCIPIO 2
CRITERIO 2.1 CUMPLIMIENTO CON LA LEY; DERECHOS CONSUETUDINARIOSTEMAREQUERIMIENTO
Título traslaticio de dominio
Enajenación con solemnidades
Requisitos para tradición de bienes inmuebles
Tradición
Requisitos para tradición de servicios de servidumbre
Requisitos para tradición de derechos personales
Tradición de cosa ajena
Formas de tradición
Elementos del contrato de arrendamiento
Contrato de arrendamiento
Subarriendo y cesión del contrato de arrendamiento
Derecho de dominio (modos de adquirir)

Propiedad privada

Propiedad sobre las aguas

Posesión sobre inmuebles rurales
Principios y Criterios Para la Producción de Aceite de Palma Sostenible

NORMATIVA/ REGLAMENTACIÓN
Código Civil, art. 745
Código Civil, art. 749
Código Civil, art. 756
Código Civil, art. 760
Código Civil, art. 740
Código Civil, art. 752
Código Civil, art. 754
Código Civil, art. 1973
Código de Comercio, art. 518
Código Civil, arts. 669, 673
Código Civil, art. 667
Decree 2811/1974
Decree 1541/1978
Código civil, art 684
Código de Recursos Naturales
Código civil, art 762

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Uso del sueloContrato de compraventa
Accesión

Garantizar que el uso del suelo para cultivos o plantas de beneficio
está acorde con el ordenamiento territorial municipal
Función ecológica de la propiedad
Características de la promesa de compraventa
Concepto y modalidades de compraventa
Overview
Prescripción adquisitiva

Usucapión

Posesión

Compraventa de inmuebles

Resolución de conflictos

Propiedad ancestral y resguardos
indígenas

Prescripción ruta general
Prescripción por proceso verbal especial
Prescripción por vía transicional
Concepto y tipos de posesión
Posesión de cosa proindiviso
Tradición de inmuebles
Elementos para el perfeccionamiento del contrato de compraventa
Costas de la escritura de compraventa
Lesión enorme (facultades de las partes ante la recisión, cláusulas
inválidas)
Procedimiento verbal
Conciliación
Arbitraje
Elementos de la transacción
Función de la Agencia Nacional de Tierras para constitución,
ampliación, saneamiento y reestructuración de resguardos
indígenas.

Constitución política, art. 58
Código Civil, art. 1611
Código Civil, arts. 1849, 1863
Código Civil, art. 713
Código Civil, art. 2518, 2528
Ley 791 de 2002, art. 4
Código Civil, art. 950 y ss y Código General delProceso, art. 390 y ss
Law 1561/2012
Law 1448/2011
Código Civil, arts. 762, 764
Código Civil, art. 779
Código Civil, art. 756
Código Civil, art. 1857
Código Civil, art. 1862
Código Civil, arts. 1947, 1948, 1950
Código General del Proceso, art. 369
Law 640/2001
Estatuto de Arbitraje Nacional e Internacional, Ley
1563 de 2012
Código Civil, arts. 2469 - 2483
Decreto 2663 de 2015, art 4, numeral 26

Garantía de participación de los pueblos indígenas y tribales

Decreto 2893 de 2011, arts. 1º, 13 núm. 6º, 7º: 14
núm. 5º, 6º; 16
Ley 21 de 1991, arts. 2º, 6ºConsulta previa (características y procedimiento)

Decreto 1320 de 1998, arts. 1º, 2º, 3º, 5º, 12

Entidad encargada del procedimiento de consulta previa
Consulta previa

Law 388/1997

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En caso que la empresa esté sujeta a la realización de consultas
previas (indígenas y comunidades negras de Ley 70 de 1993)
deberán haber aplicado el procedimiento de la Directiva
Presidencial.

Directiva Presidencial No. 10 expedida por la
Presidencia de la República.
Se establece la Guía para la Realización de Consulta
Previa con comunidades étnicas, como
herramienta interinstitucional en dichos procesospara el desarrollo de proyectos, obras o actividades
en los que aplique.

En caso que la empresa esté sujeta a la realización de consultas
previas (indígenas y comunidades negras de Ley 70 de 1993)
deberán haber aplicado el procedimiento de manejo a través de la
Coordinación Interinstitucional del Ministerio del Interior Dirección de Consultas Previas

Decreto 2613 de 2013 expedido por el Ministeriodel Interior.
Se adopta el protocolo de coordinacióninterinstitucional para la consulta previa

Respeto por la propiedad colectiva de comunidades negras
Bienes de propiedad de gruposétnicos

Respeto por las tierras de las comunidades indígenas
Respeto por los derechos de los grupos étnicos

Leyes de protección a negritudes

Reconocimiento de tierras para las comunidades negras

Leyes relacionadas con minoríasétnicasProtección a las comunidades indígenas y afrodescendientes

Tipos de procesos que estánrelacionados con inmuebles

Requisitos de demandas que versen sobre inmuebles
Declaración de pertenencia
Servidumbre
Restitución de inmueble arrendando
Divisorio
Deslinde y amojonamiento
Saneamiento por evicción
Saneamiento por vicios ocultos y redhibitorios
Reivindicatorio y posesorio
Lanzamiento por ocupación de hecho de predios rurales
Expropiación

Principios y Criterios Para la Producción de Aceite de Palma Sostenible

Constitución Política, art. 63
Ley 70 de 1993, arts. 4º, 5º, 6º, 7º, 19, 21; Decreto
1745 de 1995, art. 3ºConstitución Política, art. 63
Ley 160 de 1994, art. 85
Decreto 2164 de 1995, arts. 3º, 16, 23, 24
Decree 1953/2014
Ley 397 de 1997, art. 13
Ley 70 de 1993, arts. 1º, 4º, 5º, 26, 27, 32, 33, 34,47
Constitución Política, arts. 7º, 93, 330, 55
transitorio.
Código General del Proceso, art. 83
Código General del Proceso, art. 375
Código General del Proceso, art. 376
Código General del Proceso, art. 384
Código General del Proceso, art. 406
Código General del Proceso, art. 400
Código Civil, art 1527
Código General del Proceso, art. 1914
Código Civil, art 656, 665, 762, 946, 950 y 952
Código General del Proceso, Art. 393
Código General del Proceso, Art. 399
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Extinción del dominio por inexplotación
Recuperación de baldíos indebidamente ocupados
Clarificación de la de la propiedad
Deslinde o delimitación
Titulación sobre inmuebles rurales privados
Adjudicación de baldíos
CRITERIO 2.2 CUMPLIMIENTO LEGAL DE CONTRATISTASLaw 9/1989
Law 388/1997
Law 160/1994
Law 1682/2013
Law 160/1994, Article 52.
Ley 160 de 1994, capítulo X
Ley 160 de 1994, art 48
Ley 160 de 1994, art 48
Decreto Ley 902, art 36
Ley 160 de 1994, art 65, 65ª, 66

PRINCIPIO 3
CRITERIO 3.4 ESTUDIOS Y PLANES DE MANEJO AMBIENTALES Y SOCIALES; IDENTIFICACIÓN DE ASPECTOS E IMPACTOS AMBIENTALES Y PLAN DE MANEJOTEMAREQUERIMIENTONORMATIVA/ REGLAMENTACIÓN
Garantizar que el uso del suelo para el nuevo cultivo o planta de
Uso del suelo
Law 388/1997
beneficio esté acorde con el ordenamiento territorial municipal.
Contar con permiso de aprovechamiento forestal previo a la Decreto 1076 de 2015, arts. 2.2.1.1.5.3, 2.2.1.1.5.4
Forest exploitationintervención de coberturas arbóreas y cumplir con los y 2.2.1.1.5.5 (anterior Decreto 1791 de 1996, arts.
requerimientos allí establecidos.
14, 15 y 16)
Garantizar que los materiales de construcción provenientes deLey 685 de 2001, Arts. 11, 14
minería vengan de minas con título minero y licencia ambiental, yMateriales de construcción
Decreto 1076 de 2015, Título 2, Cap 1 (anterior
que los materiales forestales provengan de áreas con permiso de
Decreto 1791 de 1996)
aprovechamiento forestal
Ley 1124 de 2007, art. 8
Las empresas a nivel industrial deben contar con un Departamento Decreto 1076 de 2015 arts. 2.2.8.11.1.3 alde Gestión Ambiental.
2.2.8.11.1.8 (anterior Decreto 1299 de 2008, arts. 3
Requerimientos del Sistema deal 8)
gestión ambiental
Contar con el Registro Único Ambiental para el sector
manufacturero diligenciado y radicado ante la autoridad ambiental Resolución 1023 de 2010 (Minambiente), art. 4(para plantas de beneficio).
CRITERIO 3.5 ADMINISTRACIÓN Y MANEJO DEL RECURSO HUMANO
CRITERIO 3.6 SEGURIDAD INDUSTRIAL Y SALUD OCUPACIONAL
Asistencia médica
Contratación de la asistencia médica.
Código Sustantivo del Trabajo, arts. 206, 207, 208
Seguro por riesgos profesionales
Obligación de aseguramiento de los empleados.
Código Sustantivo del Trabajo, art. 219

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Accidente de trabajo
Medidas de higiene y seguridad
Enfermedad laboral
Asistencia médica, higiene
seguridad industrial
CRITERIO 3.7 CAPACITACIÓN

yAviso que debe dar el accidentado.
Tener un reglamento de higiene y seguridad (contenido delreglamento).
Prestaciones económicas al empleado en caso de accidente detrabajo o enfermedad profesional.

Código Sustantivo del Trabajo, art. 221

Comité de medicina, higiene y seguridad industrial.

Resolución 2013 de 1986, arts. 1-5

Código Sustantivo del Trabajo, art. 339, 350
Decreto 1295 de 1994, art.7

PRINCIPIO 4
CRITERIO 4.1 DERECHOS HUMANOSTEMAREQUERIMIENTONORMATIVA/ REGLAMENTACIÓN
Carta de las Naciones Unidas
Convención Americana sobre Derechos Humanos. Law 16/1972
Convención Interamericana para prevenir sancionar y erradicar la violencia contra la mujer
Convención Interamericana para prevenir y sancionar la tortura
Convención Interamericana sobre concesión de los derechos políticos a la mujer
Convención Interamericana sobre derechos civiles de la mujer
Convención sobre la imprescriptibilidad de los crímenes de guerra y los crímenes de lesa humanidad
Declaración sobre la protección de todas las personas contra la tortura y otros tratos o penas crueles, inhumanos oRegulación
nacionaledegradantes
internacional relacionada con la
Declaración Universal de los Derechos Humanos
protección y respeto a losPacto Internacional de derechos civiles y políticos
derechos humanos
Pacto Internacional de derechos económicos, sociales y culturales
Convenio relativo al seguro de enfermedad de los trabajadores agrícolas de la OIT, 1927
Convenio sobre la libertad sindical y la protección del derecho de sindicación de la OIT, 1948
Convenio sobre el derecho de sindicación y de negociación colectiva de la OIT, 1949
Convenio sobre pueblos indígenas y tribales de la OIT, 1989
Convenio sobre la edad mínima de la OIT 1973
Principios Pinheiro o principios sobre la restitución de las viviendas y el patrimonio de los refugiados y las personas
desplazadas de la ONU, 2007
CRITERIO 4.2 PETICIONES, QUEJAS, RECLAMOSTEMAREQUERIMIENTONORMATIVA/ REGLAMENTACIÓN
Derecho de petición
Resolver el recurso.
Law 1755/2015

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Por medio de la cual se regula el Decreto
Fundamental de Petición y se sustituye un título delCódigo de Procedimiento Administrativo y de lo
Contencioso Administrativo.
CRITERIO 4.3 DESARROLLO SOSTENIBLETEMANORMATIVA/ REGLAMENTACIÓN
Law 99/1993
Marco legal
Law 164/1994 “Por medio de la cual se aprueba la “Convención Marco de las Naciones Unidas sobre el Cambio Climático”
Convenio del diversidad biológica de la ONU, 1992
Declaración de Río sobre el Medio Ambiente y el Desarrollo, 1992
Principios
Decree 1076/2015. Decreto Único Reglamentario del Sector Ambiente y Desarrollo Sostenible
GRI: Global Reporting Initiative. Sustainability Guidelines. http://www.globalreporting.org]
Concepto de informes de
ACCOUNTABILITY. AA1000 AccountAbility Principles Standard. [http://www.globalreporting.org]
sostenibilidad
ONU. Pacto Mundial de las Naciones Unidas. Disponible en [www.unglobalcompact.org]
CRITERIO 4.4 USO DE LA TIERRATEMAREQUERIMIENTONORMATIVA/ REGLAMENTACIÓN
Suelo
Classification
Law 388/1997
Law 1454/2011
Uso de las tierras acorde con las normas municipales
Formas en las cuales se hace uso
Law 388/1997
de la tierra
Law 160/1994
Propiedad colectiva, prácticas tradicionales sobre tierras
Ley 70 de 1993, art. 19, 20, 21, 22
Código General del Proceso, art. 369
Procedimiento verbal y verbal
Law 1561/2012
Conciliación
Law 640/2001
Resolución de conflictos
Estatuto de Arbitraje Nacional e Internacional, Ley
Arbitraje
1563 de 2012
Elementos de la transacción
Código Civil, arts. 2469 - 2483
CRITERIO 4.5 DERECHOS CONSUETUDINARIOS, ACCESO A LA TIERRA
Tierras comunales de grupos étnicos, las tierras de resguardo, el
patrimonio arqueológico de la Nación y los demás bienes que
Constitución Política, art. 63, 55 transitorio
Normas relacionadas con la tierra determine la ley, son inalienables, imprescriptibles een comunidades y grupos étnicos
inembargables.
Código Civil, arts. 1508, 1509, 1510. 1511, 1512,
Vicios del consentimiento en los contratos (error, fuerza, dolo).
1513, 1514, 1515, 1516

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Reconocimiento de tierras para comunidades negras.
Reconocimiento de tierras a comunidades indígenas.
Derechos de grupos étnicos.
Dominio, modos de adquirir el dominio
Usufructo, uso o habitación
Acreditación de propiedad ante el Estado
Propiedad privada
Propiedad sobre las aguas
Poseedores de inmuebles rurales
Protección y restituciones detierrasMedidas de atención, asistencia y reparación integral a las víctimasdel conflicto armado interno y se dictan otras disposiciones”

CRITERIO 4.6. DERECHOS CONSUETUDINARIOS
Normas relacionadas con la Las tierras comunales de grupos étnicos son inalienables,
propiedad de la tierra y las inembargables e imprescriptibles.
minorías étnicas
Vicios del consentimiento en los contratos (error, fuerza y dolo).
Características y procedimiento.
Consulta previa
Participación de pueblos indígenas y tribales.

Bienes de propiedad de gruposétnicos/ características de lapropiedad por parte de minoríasétnicasReconocimiento de tierras para comunidades negras.
Tierras a comunidades indígenas.
Procedimiento verbal.

Resolución de conflictos

Conciliación
Arbitraje.
Elementos de la transacción.

Ley 70 de 1993, arts. 1º, 4º, 5º, 6º, 7º, 19, 21, 26,
27, 32, 33, 34, 47;
Decreto 1745 de 1995, art. 3ºLey 160 de 1994, art. 85;
Decreto 2164 de 1995, arts. 3º, 16, 23, 24
Ley 397 de 1997, art. 13
Código Civil, arts. 669, 673
Código Civil, arts. 675, 823
Ley 160 de 1992, art. 48
Código Civil, art. 677 y 684
Decree 2811/1974
Decree 1542/1978
Código Civil, art 682
Ley 387 de 1997, art 19
Decree 2007/2001
Law 1448/2011
Decree 4829/2012
Constitución Política, art. 63
Código Civil, arts. 1508 - 1516
Decreto 1320 de 1998, arts. 1, 2, 3, 5, 12
Ley 21 de 1991, arts. 2 y 6
Ley 70 de 1993, arts. 1, 4, 5, 6, 7, 19, 21, 26, 27, 32,
33, 34, 47
Decreto 1745 de 1995, art. 3
Ley 160 de 1994, art. 85
Decree 1953/2014
Código General del Proceso, art. 369
Law 1561/2012
Law 640/2001
Estatuto de Arbitraje Nacional e Internacional, Ley
1563 de 2012
Código Civil, arts. 2469 - 2483

CRITERIO 4.7. ACCESO A LA TIERRA

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Dominio, modos de adquirir el dominio
Usufructo, uso o habitación
Propiedad privada

Propiedad sobre las aguas
Poseedores de inmuebles rurales
Fiscales adjudicables, baldíos

Bienes Públicos
Bienes de uso público

Restitución de tierras

Medidas de atención, asistencia y reparación integral a las víctimasdel conflictos armando interno

CRITERIO 4.8 DERECHOS CONSUETUDINARIOS
Determinación de los resguardos Función de la Agencia Nacional de Tierras para constitución,
indígenas
ampliación, saneamiento, reestructuración resguardos indígenas

Entidad encargada del procedimiento de consulta previa
Garantía de participación de los pueblos indígenas y tribales
Consulta previa (características y procedimiento)

Consulta previa

En caso que la empresa esté sujeta a la realización de consultas
previas (indígenas y comunidades negras de Ley 70 de 1993)
deberán haber aplicado el procedimiento de la Directiva
Presidencial.
En caso que la empresa esté sujeta a la realización de consultas
previas (indígenas y comunidades negras de Ley 70 de 1993)
deberán haber aplicado el procedimiento de manejo a través de la
Coordinación Interinstitucional del Ministerio del Interior Dirección de Consultas Previas

Principios y Criterios Para la Producción de Aceite de Palma Sostenible

Código Civil, art 467, 669, 673 y 1849
Código Civil, art. 677 y 684
Decree 2811/1974
Código Civil, art. 677
Constitución política, art. 102
Código Civil, art. 675
Ley 160 de 1994, art. 65
Decreto 902 de 2017, art. 4 y 5Constitución Política, art 63.
Código Civil, art 674 y 678
Ley 110 de 1912, art. 107
Ley 387 de 1997, art 19
Decree 20017/2001
Law 1448/2011
Decree 4829/2012
Decreto 2663 de 2015, art. 4º núm 26
Decreto 2893 de 2011, arts. 1º, 13 núm. 6º, 7º: 14
núm. 5º, 6º; 16
Ley 21 de 1991, arts. 2º, 6º
Decreto 1320 de 1998, arts. 1º, 2º, 3º, 5º, 12
Directiva Presidencial No. 10 expedida por la
Presidencia de la República.
Se establece la Guía para la Realización de Consulta
Previa con comunidades étnicas, como
herramienta interinstitucional en dichos procesospara el desarrollo de proyectos, obras o actividades
en los que aplique.
Decreto 2613 de 2013 expedido por el Ministeriodel Interior.
Se adopta el protocolo de coordinacióninterinstitucional para la consulta previa
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Respeto por la propiedad colectiva de comunidades negras
Bienes de propiedad de gruposétnicos

Respeto por las tierras de las comunidades indígenas
Respeto por los derechos de los grupos étnicos

Leyes de protección a negritudes

Reconocimiento de tierras para las comunidades negras

Leyes relacionadas con minoríasétnicasProtección a las comunidades indígenas y afrodescendientes

Tipos de procesos que estánrelacionados con inmuebles

Requisitos de demandas que versen sobre inmuebles
Declaración de pertenencia
Servidumbre
Restitución de inmueble arrendando
Divisorio
Deslinde y amojonamiento
Saneamiento por evicción
Saneamiento por vicios ocultos y redhibitorios
Reivindicatorio y posesorio
Proceso verbal sumario
Lanzamiento por ocupación de hecho de predios rurales

Expropiación

Extinción del dominio por inexplotación
Recuperación de baldíos indebidamente ocupados
Clarificación de la de la propiedad
Deslinde o delimitación
Titulación sobre inmuebles rurales privados
Adjudicación de baldíos

Ley 70 de 1993, arts. 4º, 5º, 6º, 7º, 19, 21; Decreto
1745 de 1995, art. 3ºLey 160 de 1994, art. 85/ Decreto 2164 de 1995,
arts. 3º, 16, 23, 24
Decree 1953/2014
Ley 397 de 1997, art. 13
Ley 70 de 1993, arts. 1º, 4º, 5º, 26, 27, 32, 33, 34,
47
Decree 1745/1995
Constitución Política, arts. 7º, 93, 330, 55
transitorio.
Código General del Proceso, art. 83
Código General del Proceso, art. 375
Código General del Proceso, art. 376
Código General del Proceso, art. 384
Código General del Proceso, art. 406
Código General del Proceso, art. 400
Código Civil, art 1527
Código General del Proceso, art. 1914
Código Civil, art 656, 665, 762, 946, 950 y 952
Código General del Proceso, Art. 390
Código General del Proceso, Art. 393
Código General del Proceso, Art. 399
Law 9/1989
Law 388/1997
Law 160/1994
Law 1682/2013
Law 160/1994, Article 52.
Ley 160 de 1994, capítulo X
Ley 160 de 1994, art 48
Ley 160 de 1994, art 48
Decreto Ley 902, art 36
Ley 160 de 1994, art 65, 65ª, 66

PRINCIPIO 5
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CRITERIO 5.1 NEGOCIACIÓN JUSTA

Contratos comerciales

Contrato de compraventa
Contrato de arrendamiento
Contrato de suministro
Contrato de transporte
Contrato de seguro
Contrato de muto
Contrato de depósito
Contrato de prenda
Contrato de fiducia mercantil
Contrato de cuentas en participación
Contrato de aparcería

Precios justos

Contrato de leasing o arrendamiento financiero
Lesión enorme

Código de Comercio, arts. 905, 906
Código de Comercio, art. 518
Código de Comercio, arts. 968, 969
Código de Comercio, arts. 981 - 984
Código de Comercio, arts. 1036 - 1040
Código de Comercio, arts. 1163 - 1164
Código de Comercio, art. 1170
Código de Comercio, arts. 1200 - 1203
Código de Comercio, arts. 1226 - 1229
Código de Comercio, art 507
Law 6/1975
Decree 2815/1975
Decreto 913 de 1993, art 2
Código Civil, arts. 1947 - 1954

PRINCIPIO 6
CRITERIO 6.1 NO DISCRIMINACIÓN

Igualdad
Ley antidiscriminación
Normas relacionadas con la no
Prohibición de discriminación a la mujer
discriminación
Derechos de las personas discapacitadas
Actos de racismo
CRITERIO 6.2 NORMATIVIDAD LABORAL
Forma en que se puede realizar el contrato, definición.
Tipos de contrato de trabajo.
Contrato de trabajo

Prestaciones sociales
Contratistas
CRITERIO 6.3 SINDICALISMO

Remuneración (obligación y salario).
Vacaciones (compensación en dinero y remuneración en tiempo devacaciones).
Obligación de los empleadores.
Salario base (prestaciones renunciables).
Tercerización laboral

Principios y Criterios Para la Producción de Aceite de Palma Sostenible

Constitución Política, art 13
Ley 22 de 1981
Ley 51 de 1981
Ley 1346 de 2009
Ley 1482 de 2011
Código Sustantivo del Trabajo, arts. 37, 22
Código Sustantivo del Trabajo, arts. 38, 39, 46, 47
Código Sustantivo del Trabajo, arts. 27, 127, 128,
138, 142, 144
Código Sustantivo del Trabajo, arts. 189 y 192
Código Sustantivo del Trabajo, art. 193
Código Sustantivo del Trabajo, art. 218
MinTrabajo, Decreto 583 de 2016

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Contrato sindical

Definición, responsabilidad del sindicato de trabajadores que hayasuscrito un contrato sindical.

Negociación colectiva

Derecho de asociación.

Resolución de conflictos

Iniciación, duración, acuerdo.
Trabajadores no sindicalizados, prohibición de suscribir pactos
colectivos.

Asociaciones no sindicales

Código sustantivo del Trabajo, arts. 482, 483,
Decreto 1429 de 2010
Constitución Política, arts. 39, 55, 56; Código
Sustantivo del Trabajo, arts. 414, 415
Código Sustantivo del Trabajo, arts. 433-435
Código Sustantivo del Trabajo, art. 481; Ley 50 de1990, art. 70

CRITERIO 6.4 TRABAJO INFANTIL

Trabajo sin autorización.
Duración máxima de la jornada laboral.
Derechos deadolescentes

los

niños

y

Edad mínima de admisión al trabajo, derechos.
Se aprueba el Convenio 182 de la OIT sobre la prohibición de laspeores formas de trabajo infantil y la acción inmediata para su
eliminación.

CRITERIO 6.5 ACOSO
Acoso laboral
Definición, modalidades, medidas preventivas y correctivas.
Acoso sexual
Delito contemplado en el Código Penal.
CRITERIO 6.6 TRABAJO FORZOSO
Prohibición a las formas de trabajo Constitución Política, art. 25
forzoso
Jornada ordinaria: Cód. Sustantivo del Trabajo, art. 158, 161
CRITERIO 6.7 SEGURIDAD INDUSTRIAL Y SALUD OCUPACIONAL
Asistencia médica
Contratación de la asistencia médica.
Seguro por riesgos profesionales
Obligación de aseguramiento de los empleados.
Aviso que debe dar el accidentado.
Accidente de trabajo
Definición
Tener un reglamento de higiene y seguridad (contenido delMedidas de higiene y seguridad
reglamento).
Definición
Prestaciones económicas al empleado en caso de accidente deEnfermedad laboral
trabajo o enfermedad profesional.
Tabla de enfermedades laborales
Asistencia médica, higiene y
Comité de medicina, higiene y seguridad industrial.
seguridad industrial

Principios y Criterios Para la Producción de Aceite de Palma Sostenible

Código Sustantivo del Trabajo, art. 31
Código Sustantivo del Trabajo, art. 161
Código Sustantivo del Trabajo, art. 171; Código dela Infancia y la Adolescencia, arts. 20, Núm. 12, 13;35
Ley 704 de 2011: arts. 6, 7 y 8

Ley 1010 de 2006, arts. 1,2,9
Código Penal, art. 210A

Código Sustantivo del Trabajo, arts. 206, 207, 208
Código Sustantivo del Trabajo, art. 219
Código Sustantivo del Trabajo, art. 221
1562 de 2012, art 3
Código Sustantivo del Trabajo, art. 339, 350
1562 de 2012, art 4
Decreto 1295 de 1994, art.7
Decreto 1477 de 2014
Resolución 2013 de 1986, arts. 1-5
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PRINCIPIO 7
CRITERIO 7.2 PLAGUICIDAS

Garantizar que no se estén utilizando plaguicidas restringidos,
prohibidos, cancelados o suspendidos.

Uso de plaguicidas autorizados
Capacitación y entrenamiento

Atención médica
Medidas de protección
ambiente y de las personasdelAplicación de plaguicidas

Manejo de remanentes, residuos yenvases de plaguicidas
CRITERIO 7.3 DESECHOS
Gestión integral de residuos
sólidos ordinarios

Cumplir con los requerimientos en capacitación y entrenamientopara los trabajadores que usen o manejen plaguicidas.
Suministrar el servicio de atención y control médico para lostrabajadores que usen o manejen plaguicidas.
Realizar una evaluación médica anual específica para personal que
realice actividades con riesgos a la salud
Cumplir con las medidas de protección del ambiente y de laspersonas relacionadas con el uso y manejo de plaguicidas.
Adoptar medidas adecuadas para evitar el riesgo a la salud de laspersonas que realizan la actividad, así como la contaminación delambiente en general.
Garantizar que los residuos provenientes de la aplicación deplaguicidas sean sometidos a un tratamiento y disposición final
adecuados.
Garantizar el buen estado de los equipos para la aplicación deplaguicidas.
Cumplir con la franja de seguridad en la aplicación de plaguicidas.
Contar con licencia sanitaria, con permiso de operación de pistas y
cumplir con los demás requerimientos para la aplicación aérea deplaguicidas.

Decreto 1843 de 1991, art. 22
Decreto 502 de 2003, arts. 11, 12
Decreto 1843 de 1991, arts. 172, 173, 174, 175
Decreto 1843 de 1991, arts. 163, 164
Resolución 2346 de 2007 del Ministerio de Salud yProtección Social
Decreto 1843 de 1991, arts. 176-181
Ley 9 de 1979 arts 140, 142

Ley 9 de 1979 art. 144
Decreto 1843 de 1991, art. 83
Decreto 1843 de 1991, art. 87
Decreto 1843 de 1991, arts. 95, 97

Cumplir con las obligaciones de los consumidores en los Planes de
Devolución de Productos Posconsumo de Plaguicidas.

Ley 9 de 1979, art. 144
Decreto 1843 de 1991, art. 90
Resolución 693 de 2007 (Minambiente), art. 7
Resolución 693 de 2007 (Minambiente), art. 7
Resolución 1675 de 2013 (Minambiente), art. 14

Obligaciones de los usuarios para el almacenamiento de residuos
sólidos.

Decreto1077 de 215 (anterior Decreto 2981 de
2013)

Aplicar el triple lavado y tener un adecuado manejo y disposición delos remanentes de plaguicidas.

Principios y Criterios Para la Producción de Aceite de Palma Sostenible

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Cumplir con las obligaciones del generador de RESPEL, que incluyen
la formulación e implementación de un Plan de Gestión Integral de
Residuos Peligrosos (PGIRESPEL). Este plan abarca la identificación,
caracterización y adecuado almacenamiento, manejo y disposiciónde los RESPEL.
Cumplir con las responsabilidades del generador de RESPEL

Cumplir con los requerimientos normativos para la identificación,
caracterización y clasificación de los residuos o desechos peligrosos

Inscribirse en el registro de generadores de RESPEL
Gestión integral de Residuos
Peligrosos - RESPELCapacitar al personal encargado de la gestión y el manejo de RESPEL
Garantizar una gestión adecuada de los equipos o desechos que
contienen o están contaminados con policlorobifenilos (PCB).
Entregar los residuos o desechos sujetos a plan de devolución deposconsumo a las entidades autorizadas para su implementación:
plaguicidas en desuso, envases y empaques de plaguicidas,
medicamentos vencidos, baterías usadas, llantas, RAEES (Residuos
de aparatos eléctricos y electrónicos), luminarias.
Cumplir con los requisitos y criterios estipulados para cumplir con elPlan de Gestión de Devolución de Productos Posconsumo de
Plaguicidas.
Cumplir con los requisitos y criterios estipulados para cumplir con elPlan de Gestión de Devolución de Productos Posconsumo de
Baterías Pb – ácido.
Cumplir con los requisitos y criterios estipulados para el Plan deGestión de Devolución de Productos Posconsumo de medicamentos
vencidos.

Principios y Criterios Para la Producción de Aceite de Palma Sostenible

Decreto 1076 de 2015, art. 2.2.6.1.3.1 (anterior
Decreto 1609 de 2002 Decreto 4741 de 2005, art.
10)
Ley 1252 de 2008, art. 12
Decreto 1076 de 2015, arts. 2.2.6.1.3.2 y 2.2.6.1.3.3(anterior Decreto 4741 de 2005, arts. 11, 12, 13)
Ley 1252 de 2008, arts. 7, 9
Decreto 1076 de 2015, arts. 2.2.6.1.2.1 al
2.2.6.1.2.5 (anterior Decreto 4741 de 2005, arts. 59)
Resolución 1402 de 2006 (Minambiente), art. 4
Ley 1252 de 2008, art. 12
Decreto 1076 de 2015, art. 2.2.6.1.6.2 (anterior
Decreto 4741 de 2005, art. 28)
Resolución 1362 de 2007 (Minambiente), arts. 2, 4,
5, 6
Decreto 1076 de 2015, art. 2.2.6.1.3.1, literal d(anterior Decreto 4741 de 2005, art. 10, literal g)
Resolución 222 de 2011 (Minambiente), arts.
4,5,7,10,11
Decreto 1076 de 2015, art. 2.2.6.1.4.1 (anterior
Decreto 4741 de 2005, art. 20)

Resolución 1765 de 2013 (Minambiente)

Resolución 0372 de 2009
Resolución 0371 de 2009

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Transporte y disposición final de
RESPEL

Cumplir con los requisitos y criterios estipulados para el Plan deGestión de Devolución de Productos Posconsumo de bombillas(luminarias).
Cumplir con los requisitos y criterios estipulados para el Plan deGestión de Devolución de Productos Posconsumo de Residuos deAparatos Eléctricos y Electrónicos (RAEES).
Garantizar que los transportadores a quienes se les entregan los
RESPEL para su envío a los lugares de disposición final, cuenten con
permiso vigente del Ministerio de Transporte para el transporte demercancías peligrosas y que cumplan con los requerimientos legales
para esta actividad.
Garantizar que quien realiza la disposición final de RESPEL cuenta
con licencia ambiental vigente y que cumple con los requerimientos
legales para esta actividad.
Contar con certificados de disposición final de todos los RESPEL
generados.

CRITERIO 7.4 FERTILIDAD DEL SUELOTEMAREQUERIMIENTO
Garantizar que los insumos agrícolas (abonos, fertilizantes,
Registro
deproductores, enmiendas o acondicionadores de suelo) utilizados provengan decomercializadores e importadores personas naturales o jurídicas debidamente registradas ante el ICA
de insumos agrícolas
Garantizar que los bioinsumos utilizados provengan de personas
naturales o jurídicas debidamente registradas ante el ICA
Reglamento
Técnicode Cumplir con las obligaciones estipuladas en la resolución, referentes
Fertilizantes y Acondicionadores a la comercialización, el uso y manejo adecuado y racional dede Suelos para Colombia
fertilizantes y acondicionadores de suelos.
Contar con licencia ambiental para la construcción y operación deEstablecimiento de plantas deplantas cuyo objeto sea el aprovechamiento y valorización decompostaje de subproductos de la
residuos sólidos orgánicos biodegradables mayores o iguales apalma de aceite
veinte mil (20.000) toneladas/año.
CRITERIO 7.5 SUELOS PENDIENTES/ FRÁGILES

Uso adecuado del suelo

Garantizar un aprovechamiento adecuado del suelo agrícola o su
restauración cuando sea requerido.

Principios y Criterios Para la Producción de Aceite de Palma Sostenible

Resolución 1511 de 2010

Resolución 1512 de 2010
Decreto 1079 del 2015, arts. 2.2.1.7.8.1.2,
2.2.1.7.8.2.3, 2.2.1.7.8.2.4, 2.2.1.7.8.2.5 (anterior
Decreto 1609 de 2002, arts. 5, 12, 13, 14)
Decreto 1076 del 2015, art. 2.2.6.1.3.6 (anterior
Decreto 4741 de 2005, art. 16)
Decreto 1076 de 2015, art. 2.2.6.1.3.1, literal k(Decreto 4741 de 2005, art. 10, literales i, k)
Decreto 2820 de 2010, art. 9

NORMATIVA/ REGLAMENTACIÓN

Resolución 1023 de 1997 (ICA), Art. 1
Resolución 698 de 201 (ICA), Arts. 4, 7
Resolución150 de 2003 (ICA)

Decreto 1076 de 2015, art. 2.2.2.3.2.3, Numeral 12(anterior Decreto 2041 de 2014, artículo 9º)

Decreto 2811 de 1974, arts. 178-180, 182-184

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CRITERIO 7.6 SUELOS /TOPOGRAFÍA
Registro ante el ICA de los predios
Registro ante el ICA de los predios productores de palma de aceite
productores de palma de aceite
Idoneidad a largo plazo de la tierra
Zonificación de aptitud para el cultivo comercial de palma de aceite
para el cultivo de la palma deen Colombia
aceiteCRITERIO 7.8 CALIDAD Y DISPONIBILIDAD DEL AGUA
Garantizar que la ubicación y las actividades de cultivo y beneficio
de palma de aceite estén acordes con lo estipulado en losinstrumentos de planificación, ordenamiento y manejo de cuencas
Ordenamiento y manejo dehidrográficas (e.g. POMCAS) para la(s) cuenca(s) de su área decuencas hidrográficas
influencia directa.
Mantener y proteger la ronda hídrica de los cuerpos de agua
superficiales.
Contar con permiso de concesión de aguas superficiales y/osubterráneas vigente expedido por la autoridad ambiental
mediante resolución, y cumplir con las obligaciones estipuladas enél.
Contar con permiso de ocupación de cauce por intervención acuerpos de agua superficiales.
Contar con permiso de exploración de pozos profundos de aguas
subterráneas.
Captación de agua
Contar con equipos de medición en los puntos de captación de aguapara conocer la cantidad de agua derivada y utilizada.

Tener actualizado su permiso de concesión de aguas, acorde a losvolúmenes de consumo de agua requeridos.
Pagar la tasa por uso de agua.

Uso de agua

Contar con Programa de Uso Eficiente y Ahorro de Agua (PUEAA)
aprobado por la autoridad ambiental.

Principios y Criterios Para la Producción de Aceite de Palma Sostenible

Registro ante el ICA de los predios productores depalma de aceite
Resolución 261 de 2018, Ministerio de Agricultura yDesarrollo Rural

Decreto 1076 de 2015 , Título 3, Cap 1 (anterior
Decreto 1640 de 2012)
Decreto 2811 de 1974, art. 83
Decreto 1076 de 2015, art 2.2.3.2.3A.2
Decreto 1076 de 2015, art. 2.2.3.2.5.3 (anterior
Decreto 1541 de 1978, art. 30)
Decreto 1076 de 2015, art. 2.2.3.2.12.1 (anterior
Decreto 1541 de 1978, art. 104)
Decreto 1076 de 2015, art. 2.2.3.2.16.5 (anterior
Decreto 1541 de 1978, art. 147)
Decreto 1076 de 2015, arts. 2.2.3.2.8.5 y2.2.3.2.19.13 (anterior Decreto 1541 de 1978, art.
48, 199)
Decreto 1076 de 2015, art. 2.2.3.2.8.6 (anterior
Decreto 1541 de 1978, art. 49)
Decreto 1076 de 2015, art. 2.2.9.6.1.4 (anterior
Decreto 155 de 2004, art. 4)
Decreto 1076 de 2015, art. 2.2.9.6.1.12 (anterior
Decreto 4742 de 2005, art. 1)
Decreto 1076 de 2015, art. 2.2.3.2.1.1.5. y
2.2.3.2.1.1.6.

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Contar con permiso de vertimientos vigente expedido por laautoridad ambiental mediante resolución, para lo cual se requiere
una Evaluación Ambiental de Vertimiento.
Cumplir con los estándares mínimos de vertimientos a cuerpos deagua, mediante monitoreos realizados por laboratorios, que deben
estar acreditados ante el IDEAM para la toma de muestras y análisis
de cada uno de los parámetros muestreados.
Garantizar que no se está incurriendo en alguna de las prohibiciones
o actividades prohibidas asociadas a la generación de vertimientos.
Tener actualizado el permiso de vertimientos acorde a lascondiciones y volumen de vertimientos generados.
Dumping

Contar con un Plan de Gestión del Riesgo para el Manejo deVertimientos.
Contar con un Plan de Contingencia para el Manejo de Derrames deHidrocarburos o Sustancias Nocivas, para aquellas instalaciones
donde se almacenen y utilicen.
Contar con registros de mantenimiento de los sistemas detratamiento de aguas residuales.
Pagar la tasa retributiva por vertimientos a cuerpos de agua o alsuelo.

Separar físicamente los efluentes industriales y domésticos en laplanta de beneficio.
Contar con permiso de concesión de aguas vigente con autorizaciónpara el reúso de aguas residuales tratadas en actividades agrícolas.
Reúso de agua
Cumplir con los criterios de calidad del agua residual tratada para el
reúso en riego.
CRITERIO 7.10 REDUCCIÓN DE LA CONTAMINACIÓN Y EMISIONES
Emisiones atmosféricas

Contar con permiso de emisiones atmosféricas vigente para cadauna de las fuentes fijas de emisión que así lo requieran (calderas dela planta de beneficio, etc.)

Principios y Criterios Para la Producción de Aceite de Palma Sostenible

Decreto 1076 de 2015, arts. 2.2.3.3.4.9, 2.2.3.3.5.1,
2.2.3.3.5.2 y 2.2.3.3.5.3 (anterior Decreto 3930 de2010, arts. 41, 42, 43)
Resolución 0631 de 2015, art. 9
Decreto 1076 de 2015, arts. 2.2.3.3.4.3 y 2.2.3.3.4.4(anterior Decreto 3930 de 2010, arts. 24-25)
Decreto 1076 de 2015, art. 2.2.3.3.5.9 (anterior
Decreto 3930 de 2010, art. 49)
Decreto 1076 de 2015, arts. 2.2.3.3.4.15 y
2.2.3.3.5.4 (anterior Decreto 3930 de 2010, arts.
36, 44)
Resolución 1514 de 2012 (Minambiente)
Decreto 1076 de 2015, art. 2.2.3.3.4.14 (anterior
Decreto 4728 de 2010, art. 3)
Decreto 1076 de 2015, art. 2.2.3.3.4.16 (anterior
Decreto 3930 de 2010, art. 37)
Ley 99 de 1993, art. 42
Decreto 1076 de 2015, art. 2.2.9.7.2.5 (anterior
Decreto 2667 de 2012)
Decreto 1076 de 2015, art. 2.2.3.2.23.1 (anterior
Decreto 1541 de 1978, art. 228)
Resolución 1207 de 2014 (Minambiente)

Decreto 1076 de 2015, arts.
2.2.5.1.7.1 y2.2.5.1.7.2 (anterior Decreto 948 de 1995, arts. 7273)
Resolución 619 de 1997 (Minambiente), art. 1

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Cumplir con los estándares de emisión admisibles para fuentes fijas,
mediante monitoreo de los parámetros establecidos en la norma
acorde con la frecuencia establecida en el permiso de emisiones yrealizado por laboratorios acreditados por el IDEAM.

Contar con una chimenea para la descarga de emisiones a laatmósfera y que cumpla con la altura reglamentaria.

Olores ofensivos
Ruido

Contar con un plan de contingencia para los sistemas de control deemisiones atmosféricas.
Garantizar que dichos equipos de control son operados con base enlas especificaciones del fabricante y en lo estipulado en el Protocolode Control y Vigilancia de la Contaminación Atmosférica por Fuentes
Fijas.
Contar con sistemas de control para las emisiones fugitivas (aquellas
provenientes de los solventes utilizados para algunas plantas depalmistería o del laboratorio).
Cumplir con los niveles permisibles de calidad del aire y de inmisiónde olores ofensivos
Cumplir con los estándares máximos permisibles de niveles deemisión de ruido y de niveles de ruido ambiental

Resolución 909 de 2008 (Minambiente), arts. 18-21(para calderas que utilicen biomasa como
combustible)
Resolución 760
de 2010 (Minambiente) –Protocolo anexo
Resolución 909 de 2008 (Minambiente), arts. 69, 70
Resolución 760 de 2010 (Minambiente) – Protocolo
anexo
Resolución 591 de 2012 (Minambiente)
Resolución 1632 de 2012 (Minambiente)
Resolución 909 de 2008 (Minambiente), arts. 79,
80, 81
Resolución 760 de 2010 (Minambiente) – Protocolo
anexo

Resolución 909 de 2008 (Minambiente), art. 90
Resolution 1541/2013
Resolución 627 de 2006, arts. 9, 17

CRITERIO 7.11 FUEGOQuemas controladas en el sector
agrícola

Garantizar que no se utilizan quemas abiertas para la disposición debasuras.
Cumplir con las disposiciones legales para las quemas controladasen áreas rurales, incluido el permiso de emisiones atmosféricas.

CRITERIO 7.12 ÁREAS CON ALTO VALOR DE CONSERVACIÓN
Garantizar que los nuevos proyectos no van a infringir las
Sistema Nacional de Áreas restricciones de propiedad y uso estipuladas para cada categoría deProtegidas (SINAP)áreas protegidas en el país (Ley del SINAP): Parques Nacionales
Naturales, Reservas Forestales Protectoras, Parques Naturales

Principios y Criterios Para la Producción de Aceite de Palma Sostenible

Ley 9 de 1979, art. 34
Decreto 1076 de 2015, art. 2.2.5.1.7.2 (anterior
Decreto 948 de 1995, art. 73)
Decreto 1076 de 2015, art. 2.2.5.1.3.14 (anterior
Decreto 4296 de 2004, art. 1)
Resolution 532/2005
Decreto 1076 de 2015 arts. 2.2.2.1.2.1 al
2.2.2.1.2.11; 2.2.2.1.3.12 (anterior Decreto 2372 de2010, arts. 10-20; 33)
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Determinantes ambientales

Fauna silvestre
amenazadasyespecies

Regionales, Distritos de Manejo Integrado, Distritos deConservación de Suelos, Áreas de Recreación, Áreas Protegidas
Privadas y Reservas Privadas de la Sociedad Civil.
Incluir esta temática en los estudios de áreas con Alto Valor deConservación – AVC.
Garantizar que los nuevos proyectos no vayan a afectar áreas
designadas como determinantes ambientales en los POT/PBOT/EOTy en los POMCA.
Incluir esta temática en los estudios de áreas con Alto Valor deConservación – AVC.
Garantizar que los cultivos y plantas de beneficio no estén
afectando especies amenazadas, vulnerables o en peligro.
Incluir esta temática en los estudios de áreas con Alto Valor deConservación- AVC.
Garantizar que no se infringe con las prohibiciones respecto a lafauna silvestre.

Principios y Criterios Para la Producción de Aceite de Palma Sostenible

Ley 388 de 1997, art. 10
Decreto 1076 de 2015 , Título 3, Cap 1 (anterior
Decreto 1640 de 2012)

Resolución 192 de 2014 (Minambiente).

Decreto 2811 de 1974, art. 265

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ANNEX 7: CONTRACTING MODELS IN COLOMBIA (FOR INDICATOR 6.2.7)

Intermediation through Temporary
Services Companies*

Direct Contracting (core business activities)

Form of Contracting

Regulation supportingit
Article 47
Substantive
Code

of

Article 46
Substantive
Code

of

Fixed term employment agreement

the
Labor

Employment agreement for theduration of works or services

Article 45
Substantive
Code

of

the
Labor

Temporary
agreement(forperforming non-essential activities /
activities different to the corporate
purpose)

Article 6
Substantive
Code

of

the
Labor

Indefinite
agreement

term

Production
peaks,
harvesting periods

employment

seasonal
Article 77 of Law
50/1990

Licenses

Principles and Criteria for the Production of Sustainable Palm Oil

the
Labor

Description

ILO
For a fixed term, which shall not exceed 3 years, and which may be renewed
indefinitely. Continuous subordination/dependency, personal provision of theservice and remuneration or salary.
As long as the subject matter of the contract subsists (that is, throughout theconstruction or the performance of the specific work or service contracted).
Continuous subordination/dependency, personal provision of the service andremuneration or salary.
Less than 30 days. Continuous subordination/dependency, personal provisionof the service and remuneration or salary.
For up to 6 months, renewable for 6 additional months (maximum) - If thecause of the specific service persists in the user company after the extension,
the agreement of the relevant employee may not be extended and there
might not be a new agreement with the same or a different TSC for theprovision of said service. Continuous subordination/dependence by the user
company, provision of the service personnel for the user company andremuneration or salary by the EST. (Article 71 - 74 of Law 50/1990)
The service contracted shall last for as long as the respective changes leading
to the license (maximum of 1 year). If the cause of the specific service persistsin the user company after the extension, the agreement of the relevant
employee may not be extended and there might not be a new agreement with
Annex 7: Contracting Models in Colombia (for Indicator 6.2.7)

180the same or a different EST for the provision of said service. Continuous
subordination/dependence by the user company, provision of the service
personnel for the user company and remuneration or salary by the EST.
For up to 30 days, extendable for two additional periods, that is, up to 90 days.
Continuous subordination/dependence by the user company, provision of theservice personnel for the user company and remuneration or salary by the EST.
(Article 6 of the Substantive Labor Code)Outsourcing of non-essential processes

One-time/temporary agreement

Independent contractor

Article 34 of the
Substantive Labor
Code

Associated Work Cooperatives

Decree4588/2006
Decree2025/2011
Resolution 2021/2018

Union Agreement

Article 482 of the
Substantive
Labor
Code
Decree 36/2016

A process is assumed with technical and administrative freedom andautonomy, with financial independence for the performance of thecontractual purpose.

* Always with authorization from the Ministry of Labor
CST: Substantive Labor Code
EST: Temporary Services Companies

Principles and Criteria for the Production of Sustainable Palm Oil

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181

ANNEX 8: ADDITION TO THE GUIDELINE FOR CRITERIA 4.4 AND 4.5“Criteria 4.4. Use of the land for oil palm does not diminish the legal,
customary or user rights of other users without their FPIC.

The following official information, and other information, may beconsulted:

Criteria 4.5. No new plantings are established on local peoples’ land where
it can be demonstrated that there are legal, customary or user rights,
without their FPIC. This is dealt with through a documented system thatenables these and other stakeholders to express their views through theirown representative institutions.”

ü Population censuses,
ü Geographical information,
ü Request for certification before the Ministry of Internal Affairs on
indigenous reserves, collective territories of afro-descendantcommunities, ancestral territories, extension areas of collective
properties
ü Social or environmental studies conducted on the area.
ü Registry of Dispossessed or Forcibly Abandoned Land RTDAF
ü Sole registry of abandoned properties and territories (RUPTA)
ü Protected Areasü Environmental restrictions
ü Safeguards or life plans for indigenous and afro-descendant people.

These additional guidelines were prepared based on the Guideline on
Free, Prior and Informed Consent for members of the RSPO in the phases:
1) Preparation; 2) Participatory evaluations; 3) Negotiation; 4)Implementation; and 5) Verification, and refers to special points for the
Colombian case in the first phase corresponding to preparation.
1. PREPARATIONa) Scope• Evaluation on the area of interest / Pre-FPIC (Diagram 1)
An adequate social team prepares an evaluation within the social andterritorial context of the area, based on the sources proposed in Diagram
1 of the guideline (page 23) and which must be representative of the area
where the project will be developed.
• Identification of the rights of the communities or individuals over thearea of influence of the unit of certification (Diagram 2). Pre-FPIC

Principles and Criteria for the Production of Sustainable Palm Oil

We recommend considering the following matters for the participatory
mapping:
ü
ü
ü
ü
ü
ü

Who has rights over the land and natural resources?
Are there private or collective territories?
How are the rights over the land transferred? Inheritances, leases?
What are the different uses given to the land? How is the land used by
women, men, young people and the elderly?
Who exercises legitimate authority and administration of the land andresources?
Are there any sacred places?

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182

ü

ü

What are the minor roads, easements or roads continuously used by
the communities or neighbors? These must be identified throughcartography
Cartography available

Públicos (these is demonstrated
with the ownership andtradition certificate).

I. Due Diligence
We recommend verifying the legality of the land occupancy and the absenceof current or possible conflicts related to the use of the land.

Collective
property

Commoner or
Aldermen

Individuals who use a property
in community. For example, themembers of a community, who
may have the right to graze theircattle on community grasslands,
or jointly grow crops in theproperty, or enjoy the allocationof land portions for their family
use, etc. This category also
includesindigenous
reservations and the collective
territories of afro-descendantcommunities.

Possession

Holder

The individual who lives in a
private property and exercises
as the holder thereof without
being registered as owner in the
ORIP.

Occupation

Occupant

The individual who lives andexploits a property belonging to
the State (barren land) without
it being awarded to the former.

Verification of land occupancy (Legal deeds, property deed, cadastral plans,
ownership certificates, possession, lease, others).
Verification of the existence of conflicts related to land occupancy.
• Restitution proceedings• Other types of legal claims.
To interpret Diagram 2 of the guideline, the following categories provided
in the Colombian law must be considered regarding the formal users:
CONCEPTS BY THE UPRA ON RURAL PROPERTY
TypeName of thesubject

Description and scope of therelationship of the individualwith the property

Individual
property

Owner

An individual who acquires
rights through a valid legal act orbusiness and whose effects
were registered before thepublic registry - ORIP (Oficina deRegistrodeInstrumentos

Principles and Criteria for the Production of Sustainable Palm Oil

Annex 8: Addition to the guideline for criteria 4.4 and 4.5

183Occupancy
under lease

Lessee Holder

Type of holder who, through averbal or written agreement,
obtains authorization to use(use and enjoy) a property or
any part thereof.

Sharecropping
Occupancy

Sharecropping
HolderType of holder who, through averbal or written agreement,
obtains authorization to exploit
a rural fund or a portion thereofin collaboration with the ownerwith the purpose of sharing the
fruits or revenue resulting fromthe exploitation (Law 6/1975).

Gratuitous
occupancy

BaileeAlso called loan for use, it is anagreement under which one ofthe parties provides the other aproperty at no cost, so that thelatter uses it with the obligationof returning it after using it(Article 2200 of the Civil Code)

Antichresis
Occupancy

HolderPossessor

The antichresis is an agreement
under which the creditor
receives real estate to be paidwith its production (Article 2458
of the Civil Code).

b) Identification of self-elected representative institutions for the FPIC
communities.
• First encounter with the communities identified Pre-FPIC.
In this first encounter, we recommend contacting the representatives
freely elected by the communities. Depending on the type of community,
we recommend inquiring on who the recognized representatives are andon their form of participation.
c) Promote the information contained in the respective reports and forms(Diagram 4).
d) Procure the consent for the participatory mapping.

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Principles and Criteria for the Production of Sustainable Palm Oil

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185