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DIALOGUE • Does the State create inclusive space for dialogue between representatives of the State, companies, and human rights defenders, including those in isolated or marginalised communities or groups, and those opposed to business projects? Most relevant to Section 3.2 of the full NBA Template. Status/Gaps: HUMAN RIGHTS IMPACT ASSESSMENTS • In order for licenses to be granted, are human rights impact assessments required to include meaningful participation of the communities affected, including human rights defenders? • Do licensing requirements guarantee the inclusion of safeguard mechanisms that address, mitigate, and effectively remedy the negative impact of a project on human rights defenders? Most relevant to Sections 3.2 and 7.4 of the full NBA Template. Status/Gaps: 1.4 General laws and policies which support or enable the work of human rights defenders THE RIGHT TO PEACEFUL ASSEMBLY Most relevant to Section 1.5 of the full NBA Template. Status/Gaps: FREEDOM OF ASSOCIATION • Is the right to freedom of association, in line with international human rights law, guaranteed? If not, are efforts being made to amend laws or policies that restrict the ability of defenders to associate freely? Most relevant to Section 1.5 of the full NBA Template. Status/Gaps: NGO AND TRADE UNION REGISTRATION • Are there laws or initiatives designed to facilitate stronger and more diverse NGO and trade union sectors (e.g., by establishing expeditious registration processes and conferring tax benefits on certain NGOs and associations)? Most relevant to Section 1.5 of the full NBA Template. Status/Gaps: NGO FUNDING • Is the right to solicit, receive, and utilise funds, including foreign funds, for the purpose of promoting and protecting human rights protected on at least an equal footing to cognate rights of private companies? • Are there laws or provisions that criminalise or otherwise limit the activities of NGOs receiving foreign funding (e.g., through requirements that they register as ‘foreign agents’)? If so, what steps is the State taking to repeal these laws? Most relevant to Section 1.5 of the full NBA Template. Status/Gaps: • Is the right to freedom of assembly, in line with international human rights law, guaranteed? If not, what efforts are being made to amend legislation or policies that restrict the ability of human rights defenders to assemble freely and without hindrance? 17

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