However, in countries where domestic laws and regulations conflict with the principles and standards of the Guidelines, enterprises should seek ways to honour such principles and standards to the fullest extent which does not place them in violation of domestic law.’. Polish OECD NCP Final Statement of alleged non-observance of the OECD Guidelines for Multinational Enterprises Warsaw, 13 June 2019 1. The UK NCP offer of mediation was made to all the parties involved. Per the U.S. NCP procedures, only Final Statement are made public and are the only Specific Instance documents provided to the Peer Review. BAT state that an existing organisation, the Farm Labor Practices Group (FLPG), already exists to address the issues identified by IUF and FLOC. | Websites of adhering governments | Specific instances |. Recommendations of the French NCP to EDF and its partners regarding the “Nam Theun 2” Project in Laos / Recommandations du PCN français à l'intention de l'entreprise EDF et de ses partenaires au sujet de la mise en œuvre du projet "Nam Theun 2" au Laos, Public statement by the French NCP concerning ASPOCOMP / Communiqué publié par le PCN français concernant ASPOCOMP, Recommendations by the French NCP to Companies on the Issue of Forced Labour in Burma, Marks & Spencer, Communiqué du PCN français, Press release by the Finnish NCP on Metsä-Botnia in Uruguay, Statement by the Finnish NCP statement on the Orion paper mill factory project and Finnvera Oyj, Final statement of the Irish and Netherlands NCPs on the complaint against the Corrib Gas project, 30 July 2010, Joint final statement by the German NCP, the European Center for Constitutional and Human Rights (ECCHR) and Otto Stadtlander GmbH regarding a complaint by the ECCHR against Otto Stadtlander GmbH/Bremen, Final declaration by the German NCP regarding a complaint by Wake up and Fight for Your Rights Madudu Group and FIAN Deutschland against Neumann Gruppe GmbH, Statement by the German NCP on the Bayer CropScience, German Watch, Global March, and Coordination gegen Bayer-Gefahren, Statement by the German NCP on DGB and Bayer AG, German Clean Clothes Campaign against adidas-Salomon, Initial assessment by the Japanese NCP on the Specific Instance at Top Thermo Mfg. The complaints process is divided into the following stages: a) Initial Assessment: desk-based analysis of the complaint and the company’s response to decide whether issues raised merit further examination. Auf der Suche nach der passenden NCP Lösung hilft Ihnen unser Solution-Finder. The UK NCP would like to make the following recommendations to BAT. The former establishes the basic rights of employees to form trade unions, enter into collective bargaining and, participate in collective action. However, UK NCP is also mindful that the complaint made by IUF and FLOC in 2016 was submitted before the introduction of the OECD Due Diligence Guidance for Responsible Business Conduct in 2018. ↩, International Covenant on Civil and Political Rights, 1976, article 22, paragraph 1. Don’t include personal or financial information like your National Insurance number or credit card details. Final Statement of the French NCP Following its mediation and in the light of the information before it, the NCP considers that the VINCI Group is complying with the OECD Guidelines in a complex national context. Membership of the FLPG is comprised of several tobacco companies, growers, NGOs and US and North Carolina Labor Department officials. Based upon the information it has been provided, the UK NCP concludes that BAT has not breached the sections of the OECD Guidelines set out in the complaint. You are here: Home Documents NCP Final Statement notification 4 NGOs vs ING. BAT state that meetings are also held in the presence of a lawyer to ensure that there are no violations of North Carolina’s anti–trust laws. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. The UK NCP is … BAT’s response is that an alternative forum already exists to address the concerns of migrant workers who are not represented through membership of existing unions or who cannot bargain collectively on rates of pay. 05 December 2019: NCP shares draft Final Statement with the parties for comment; 16 December 2019: Notifier provides comments; 23 December 2019: NCP follows up with Company for a response; 17 January 2020: NCP grants Company an extension to respond; 30 January 2020: Company provides NCP with follow up document requested in the draft Final Statement for vetting (response to … 11. For this reason, the UK NCP decided that any process undertaken by it would be limited to determining the actions appropriate to BAT’s role. 62. The OECD procedural guidance to NCPs is that complaints are dealt with by the NCP of the country in which the issues have arisen. In their response to the UK NCP, BAT stated that at the time (that is, prior to it acquiring full ownership of the RAI), the rules of governance under which it retained its business interest in RAI, prevented it from actively influencing the decisions of the management board. Article 22 of the International Covenant on Civil and Political Rights states that ‘…everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.’[footnote 6], 50. BAT’s response included a statement that its minority position on the management board could only change if BAT acquired 100% of RAI. ↩, International Covenant on Civil and Political Rights, 1976, article 22, paragraph 2. Terms of Reference were drafted by the UK NCP and submitted to the parties for approval. The UK NCP therefore recommends that BAT ensure RAI processes for managing the well-being of agricultural workers employed in its supply chain are fit for purpose. 10. The complaint alleged that BAT was linked to breaches of the OECD Guidelines through its business relationship with RAI in the US. You can change your cookie settings at any time. This page carries a list of statements or press releases issued by National Contact Points with regard to specific instances which have arisen in the implementation of the Guidelines for Multinational Enterprises until July 2013. The UK National Contact Point for the OECD (NCP) today marks the final stage of its review into G4S’s business in Israel with the publication of its Follow up Statement. Ihr Weg zu den richtigen NCP Produkten. SB 615 [footnote 2] also means that agricultural workers are prevented from asking farmers or growers to sign an agreement with unions as part of a wage settlement or dispute resolution mechanism. In addition to the information provided in the complaint, the UK NCP also held discussions with the complainants in December 2016 and January 2017. The UK NCP agreed it would not pursue further examination of this part of the complaint (relating to chapter II, paragraph 11 and chapter IV, paragraph 6). The latter sets out fair labour standards for workers, including the right to a minimum wage and standards for overtime payment. 54. If it has not done so already, the UK NCP recommends that BAT participate in procedures to address the issues identified in the interviews with workers. Statement by the Chilean NCP on the case of Marine Harvest Chile S.A. Mehr erfahren! 32. 22. Each country adhering to the Guidelines is required to maintain a National Contact Point (NCP) to consider complaints under the Guidelines. 1. 69. The UK NCP would therefore like to make the following recommendations: In the course of its engagement with the UK NCP, BAT provided 2 reports relating working and living conditions for tobacco workers. After a 17 month investigation beginning in 2014, the NCP stated clearly in its Final Statement in June 2015, that: 5, Carry out human rights due diligence as appropriate to their size, the nature and context of operations and the severity of the risks of adverse human rights impacts. Secretariat, French NCP and United Kingdom NCP. The Guidelines are not a substitute for nor should they be considered to override domestic law and regulation. However, the UK NCP accepts that there are areas where BAT could contribute more to help promote a better working environment for migrant workers. In the complaint made by the IUF and FLOC, the allegations are that migrant workers involved in the harvesting of tobacco crops in North Carolina cannot join unions or enter into the collective bargaining process without fear of retaliation or intimidation. The initial complaint as drafted had also suggested that BAT was directly involved as a participant in a multi-stakeholder process set up to tackle alleged labour abuses in farm work. In this regard: 10, Carry out risk-based due diligence, for example by incorporating it into their enterprise risk management systems, to identify, prevent and mitigate actual and potential adverse impacts as described in paragraphs 11 and 12, and account for how these impacts are addressed. 38. The UK NCP’s initial assessment of the complaint can be found on gov.uk. Statement by the Netherlands NCP on complaint by Shehri-CBE concerning Makro-Habib Pakistan Limited, Final statement by the Netherlands NCP concerning Pandacan oil depot Manila, Philippines, Joint statement by the Netherlands NCP, FNV, CNV and IHC Calland, Statement by the Netherlands NCP on Chemie Pharmacie Holland, Joint statement by the Netherlands National Contact Point, Adidas and the India Committee of the Netherlands, Initial assessment and conclusion by the Norwegian NCP on the complaint from the Climate Network and Concerned Scientists Norway against Statoil, Final statement by the Norwegian NCP on the complaint from The Future in our Hands (FIOH) against INTEX Resources ASA and the Mindoro Nickel Project, Initial assessment by the Norwegian NCP on the complainst by the Norwegian Support Committee for Western Sahara against Sjovik AS, Initial assessment and final conclusion by the Norwegian NCP on the complaint by the 129 Roma in Kosovo against Norwegian Church Aid, Final statement by the Norwegian NCP on the complaint by the Norwegian Society for the Conservation of Nature/Friends of the Earth Norway and Forum for Environment and Developmentagainst Cermaq ASA, Joint statement by Cermaq ASA, Norwegian Society for the Conservation of Nature/Friends of the Earth Norway1 and Forum for Environment and Development (ForUM), Statement by the Norwegian NCP on the complaint against Kongsberg Automotive, Statement by the Norwegian NCP on Aker Kværner’s activities at Guantanamo Bay, Statement by the Swedish NCP on the CEDHA complaint against Nordea, Statement from the Swedish NCP concerning Atlas Copco and Sandvik, Closing statement by the Swiss NCP on the specific instance regarding cotton trade by Paul Reinhart AG in Uzbekistan, Closing statement by the Swiss NCP on the specific instance regarding cotton trade by Louis Dreyfus Commodities Suisse S.A. in Uzbekistan, Closing statement by the Swiss NCP on the specific instance regarding cotton trade by Ecom Agroindustrial Corp. Ltd. in Uzbekistan, Closing statement by the Swiss NCP on the specific Instance regarding Triumph in the Philippines and in Thailand, Statement by the Swiss NCP on the Cerrejon Coal Mine in Columbia, Press release by the Swiss NCP concerning a labour dispute at a subsidiary of Nestlé in South Korea, Final statement by the UK NCP on the Complaint from Justiça Ambiental et al. It will take only 2 minutes to fill in. The UK NCP subsequently informed the parties that it would be proceeding to the final statement stage of the complaints process. However, the discussion did not proceed following Mercer PR’s decision not to participate. If it has not already done so, the UK NCP recommends that BAT use the OECD Due Diligence Guidance for Responsible Business Conduct for this purpose. Since August 2017, NCP is owned by Park24, a listed Japanese company, and Development Bank of Japan (DBJ).Prior to this, NCP was successfully managed by Macquarie European Infrastructure Fund 2 for 10 years.. Park24 is the majority owner based in Tokyo and is a major parking operator with 1,043,570 spaces in over 19,000 sites, across 8 countries. The research conducted by the SRTP is funded by a number of tobacco companies including BAT. 43. U.S. NCP Final Statement CED/RELUFA on the Specific Instance between the Center for Environment and Development (CED) with Network to Fight against Hunger (RELUFA) and Herakles Farms' affiliate SG Sustainable Oils Cameroon (SGSOC) in Cameroon. against BHP Billiton PLC (on Mozal SARL) in Mozambique, Final statement on the complaint from The LEAD Group Inc against Xstrata PLC (in the UK), Initial assessment and conclusion of a Specific Instance regarding a complaint by Australian NGO “A” against enterprise “B”, Final statement by the UK NCP on the complaint from the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) against Compass Group PLC on Eurest Algerie Spa (Algeria), Initial Assessment of the UK NCP on the complaint from The LEAD Group again Xstrata PLC in the UK, Follow up to the revised final statement by the UK NCP on the complaint from Corner House et al. The lead complainant is the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF). Section 37 states that ‘…respect for human rights is the global standard of expected conduct for enterprises independently of [a] States’ abilities and/or willingness to fulfil their human rights obligations, and does not diminish those obligations.’[footnote 3], 47. This covers the migrant workers referred to in the original complaint. The Canadian NCP has also been a supporting NCP for several cases led by other NCPs. In their response to the UK NCP, BAT provided a report based on a series of interviews that had been conducted with agricultural workers in the tobacco industry in 2015, under the Social Responsibility in Tobacco Production (SRTP) programme. The UK NCP understands that at the time of the complaint, this report was produced every 4 years with the intention to reduce this to a 3-year cycle going forward. 51. 58. The UK NCP will request an update from both parties in a year’s time. The OECD Guidelines are voluntary principles for responsible business conduct in areas including employment, human rights and the environment. However, it is not always clear how the information gathered under the SRTP programme BAT contributed financially and in which it participated, is used effectively to improve working and living standards for migrant workers. Due to the delay in the process, the UK NCP also attempted to facilitate a teleconference between the parties. 61. Since the 2011 update of the OECD Guidelines, the NCP is required to publish a Final Statement for all specific instances at the end of the proceedings, regardless of whether facilitated dialogue or mediation was offered or not. 68. At the beginning of 2017, the North Carolina Assembly also passed the state’s farm bill, SB 6152. We use cookies to collect information about how you use GOV.UK. 24/48 19 Complaint database. NCP and law professor Ola Mestad, assisted by the Secretariat. 17 Final statements. However, this did not prove to be the case. The Dutch NCP published final statement 4 NGOs, Oxfam Novib, Greenpeace NL, BankTrack and Friends of the Earth (Netherlands), versus the ING. The co-complainant is the Farm Labor Organizing Committee of the United States (FLOC). The AusNCP also contracted an independent mediator to facilitate a discussion between the parties. Within the US, workers’ rights are protected under Federal laws, specifically the National Labor Relations Act and the Fair Labor Standards Act. This development is further discussed under paragraphs 27 – 30. Following the acquisition of RAI by BAT in 2017 it is a wholly owned subsidiary of BAT. (3) Final Statement – If a mediated settlement has been reached, the UK NCP will publish a Final Statement with details of the agreement. 4. The obligation under paragraph 12 is to ‘prevent or mitigate an adverse impact where they have not contributed to that impact, when the impact is nevertheless directly linked to their operations, products or services by a business relationship’. 52. This set out their reasons for declining the process of mediation. Within the definition of the OECD Guidelines, BAT have participated in processes intended to establish and record the working and living conditions of migrant workers. The obligation under paragraph 3 is to ‘seek[s] ways to prevent or mitigate adverse human rights impacts that are directly linked to their business operations, products or services by a business relationship, even if they do not contribute to those impacts’. The obligation under paragraph 1 is to ‘respect human rights which means they should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved’. 12. 20/48 22 Guidelines explained. 65. Grounds for review 4. ↩. d) Follow up – where a final statement includes recommendations, or where an agreement between parties provides for it, the UK NCP publishes a further statement based on reports from the parties at a specified interval (usually a year) after the final statement. against BTC Corporation, Final statement by the UK NCP on the complaint from Corner House against Airbus, Final statement by the UK NCP on the complaint from Corner House against Rolls-Royce Group, Final statement by the UK NCP on the complaint from Corner House against BAE Systems, Final statement by the UK NCP on the complaint against Unilever plc on India's Doom Dooma factory, Follow up to final statement on the complaint from Survival International against Vedanta Resources plc, Final statement by the UK NCP on the complaint against Unilever plc on Pakistan’s Khanewal factory, Final statement by the UK NCP on the complaint against Unilever plc on India’s Sewri factory, Statement by the UK NCP on the Vedanta Specific Instance, Final statement by the UK NCP on the complaint against Unilever plc on Pakistan’s Rahim Yar Khan factory, Statement by the UK NCP on G4S and Union Network International, Statement by the UK NCP on Afrimex (UK) LTD, Final assessment by the UK NCP on PSA Peugeot Citroën, Statement by the UK NCP on National Grid Transco plc, Statement by the UK NCP on Oryx Natural Resources, Initial Assessment by the US NPC of the complaint by Edouard Teumangie against AES Corporation, Statement by the US NCP on the specific instance regarding LEAD Group and Innospec, Statement by the US NCP on the specific instance regarding UNITE HERE and LSG Sky Chefs. 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