States have the duty to protect human rights. These were: the creation of a commission consisting of members from both RAI and workers to address the differences between FLOC, RAI and participating tobacco growers; a Memorandum of Understanding to be entered into by FLOC and RAI to act as a starting point for discussions between the 2 parties and, that BAT should use its leverage to persuade RAI to participate in actions which would lead to good faith discussions on guaranteeing freedom of association and worker representation for migrant workers on farms providing tobacco to RAI. In their response to the UK NCP, BAT stated that this was not possible due to the nature of its governance arrangement with RAI which ensured that it always maintained a minority position on the management board. 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. BAT has since acquired full ownership of the RAI, in 2017. In its response to the UK NCP, BAT state that North Carolina, which is the relevant geographic area relating to the complaint, have enacted Right to Work laws which guarantee that no person can be compelled, as a condition of employment, to join or not to join a union, or to pay dues to a labour union. Membership of the FLPG is comprised of several tobacco companies, growers, NGOs and US and North Carolina Labor Department officials. 2 3. 21. 61. 54. Terms of Reference were drafted by the UK NCP and submitted to the parties for approval. Polish OECD NCP Final Statement of alleged non-observance of the OECD Guidelines for Multinational Enterprises Warsaw, 13 June 2019 1. BAT state that an existing organisation, the Farm Labor Practices Group (FLPG), already exists to address the issues identified by IUF and FLOC. 10. We use cookies to collect information about how you use GOV.UK. (Malaysia) Sdn. 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. Secretariat, French NCP and United Kingdom NCP. 69. Follow up to the Final Statement by the UK National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises (the Guidelines) Complaint from the Malaysian Trades Union Congress against British American Tobacco Malaysia Berhad (Malaysia) 1. The complainants state that the issues faced by migrant tobacco workers are not being addressed properly because of this. The Dutch NCP published the final statement in the case of Oxfam Novib, Greenpeace NL, BankTrack and Friends of the Earth (Netherlands), versus the ING. 35. 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. 65. As a result of this, BAT stated that it could not use its interest in RAI to influence any decisions made by the company. The NCP issued a final statement on 15 August 2007: some 5½ years after the Complaint had been filed. Executive Summary: This Final Statement concludes the Specific … The former establishes the basic rights of employees to form trade unions, enter into collective bargaining and, participate in collective action. However, the UK NCP accepts that there are areas where BAT could contribute more to help promote a better working environment for migrant workers. You can change your cookie settings at any time. Auf der Suche nach der passenden NCP Lösung hilft Ihnen unser Solution-Finder. BAT should also affirm its commitment to the monitoring process by examining the findings of the research and publishing a schedule of activity to correct the identified issues. 51. The complainants propose the creation of a commission the purpose of which would be to address the differences between the parties and to make recommendations for their resolution. The lead complainant is the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF). The UK NCP’s initial assessment of the complaint can be found on gov.uk. The complaint alleged that BAT was linked to breaches of the OECD Guidelines through its business relationship with RAI in the US. 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. 23. final statement of the austrian national contact point specific instance under the oecd-guidelines for multinational enterprises raised by finance & trade watch austria, earthrights international et al. The IUF confirmed that this part of the complaint had been made in error. The OECD Guidelines are voluntary principles for responsible business conduct in areas including employment, human rights and the environment. This effectively makes it illegal for agricultural workers, who have signed and entered into union agreements, to have their union fees automatically deducted from their pay by agricultural producers. 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. 45. If an agreement is not reached, the NCP publishes a final statement that either clears the resonding party or expresses criticism and provides recommendations for improvements. 12. 22/48 21 Parallel proceedings. inal Statement of the orwegian ational ontact oint ( ): ediated utcome between the orwegian Support ommittee for Western Sahara and Sjøvik AS 3 JULY 2013 EXECUTIVE SUMMARY Following a successful mediation process with the outcome of a joint statement by the parties, the Norwegian NCP closes the complaint from the Norwegian Support Committee for Western Sahara (NSCWS) against Sjøvik AS. A Steering Board including members from business, trade unions, civil society, an unaffiliated member and key government departments has general oversight of the UK NCP. 29. The UK NCP also recognises that while BAT has met the obligations which were the basis of IUF and FLOC’s complaint, there are still issues which need to be addressed by the company to ensure that these are acted on appropriately. 24/48 18 Promotion abroad. The UK NCP therefore recommends that BAT ensure that RAI’s processes for managing the well-being of agricultural workers employed in its supply chain are fit for purpose. 19. 13. This covers the migrant workers referred to in the original complaint. 2. Grounds for review 4. 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. Final report by the Dutch NCP on the Specific Instance notified by CEDHA, INCASUR Foundation, SOMO and Oxfam Novib concerning Nidera Holding B.V. The AusNCP also contracted an independent mediator to facilitate a discussion between the parties. Both parties have agreed to publish the full text of the agreement. After a discussion between the 2 NCPs, and in line with the guidance set out under the Commentary on the Implementation Procedures of the OECD Guidelines for Multinational Enterprises, it was agreed that the complaint would be examined by the UK NCP. 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 … [footnote 1]. If no agreement is reached, it publishes a final statement which may include recommendations for implementing the OECD Guidelines. The UK NCP bases its conclusions on the evidence that it is presented with. 98 which relates to the protection of workers against dismissal or other prejudice because of union membership or activity. Following the acquisition of RAI by BAT in 2017 it is a wholly owned subsidiary of BAT. An initial assessment of this complaint was published in August 2016. 24. We’ll send you a link to a feedback form. The research conducted by the SRTP is funded by a number of tobacco companies including BAT. 64. 24/48 19 Complaint database. Ihr Weg zu den richtigen NCP Produkten. General Assembly of North Carolina, Session 2017, Session Law 2017-108, Senate Bill 615 ↩, OECD Guidelines for Multinational Enterprises, 2011 edition, p.32. 38. 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. At the mediation stage, the NCP publishes a statement identifying the parties to the complaint. alleging human rights abuses and environmental damage by andritz hydro gmbh in connection to the xayaburi hydropower project in lao pdr june 2017 . Within the US, workers’ rights are protected under Federal laws, specifically the National Labor Relations Act and the Fair Labor Standards Act. The UK NCP acknowledges that it has seen evidence of an alternative process that allows the views of ununionized workers to be heard. 7. 98, workers are protected against dismissal or other prejudice because of union membership or activity. The complaint also refers to the International Labour Organization (ILO) Freedom of Association and Protection of the Right to Organize Convention No. 66. 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. Based on these points, the UK NCP accepts that BAT’s actions are appropriate in relation to the parts of the complaint brought under chapter IV of the OECD Guidelines. It will take only 2 minutes to fill in. 23 June 2014 In their response to the complaint, BAT acknowledge that workers who wish to join a union have the right to legally do so. 1. 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. Final statement by the Brazilian NCP on the complaint by the Central Union of Workers (CUT), on behalf of trade unions members of the Workers Network at BASF South America, against the company BASF S.A. This organisation is the Farm Labor Practices Group (FLPG). 63. Despite contributing several changes and suggestions to the proposed Terms of Reference over a period of several months, BAT decided to withdraw their participation in March 2019. The UK government maintains the UK NCP to meet this requirement. The UK NCP accepted the complaint in relation to the following parts of the OECD Guidelines: Enterprises should take fully into account established policies in the countries in which they operate, and consider the views of other stakeholders. Statement by the Chilean NCP on the case of Marine Harvest Chile S.A. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. 5. 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. While the UK NCP agrees that the FLPG can act as a vehicle for dialogue with migrant workers and therefore lead to an improvement of working and living standards for them, the UK NCP considers that it can only do so if the FLPG conducts itself in a proactive and transparent way. 34. 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’. 36. As well as its response to the complaint, the company also provided an additional letter of correspondence to the UK NCP on the 30 August 2016. Due to the delay in the process, the UK NCP also attempted to facilitate a teleconference between the parties. This provided data on how agricultural, labour and environmental practices were being employed by tobacco growers in the U.S. 41. against BTC Corporation, Final statement by the UK NCP on the complaint from the European Centre for Constitutional and Human Rights against Cargill Cotton Ltd and ICT Cotton Ltd (operating in Uzbekistan), Final Statement by the UK NCP on the complaint from the European Centre for Constitutional and Human Rights against Cargill Cotton Limited (in Uzbekistan), Follow-up statement on the complaint from the Malaysian Trades Union Congress against British American Tobacco Malaysia, Final statement by the UK NCP on the complaint from the Malaysian Trade Union Congress against British American Tobacco Malaysia Berhad, Revised final statement by the UK NCP on the complaint from Corner House et al. Full details of the UK NCP’s process and statements can be found on gov.uk. This is the FLPG process that was established in 2012. Final statement of the Canadian NCP on the complaint by Frente de Defensa San Miguelense (FREDEMI) against the Marlin mine in Guatemala, Statements concerning Ivanhoe Mines Ltd in Burma and Ascendant Copper Corporation in Ecuador / Constatations concernant Ivanhoe Mines Ltd en Birmanie et Ascendant Copper Corporation en Équateur, Protocolo de acuerdo entre la empresa Unilever Chile y la Central Unitaria de trabajadores de Chile. Specific Instance Final Statements The following are Final Statements on all of the Specific Instances which have been brought to closure by the USNCP. Section 38 goes on to state that where a State’s domestic laws may be contrary to specific human rights obligations, they do not ‘…diminish the expectation that enterprises respect human rights.’[footnote 4], 48. ING welcomes the final statement published today by the Dutch National Contact Point (NCP), in which ING’s approach to fighting climate change is described as ‘innovative’ and ‘positive’. 25. While the Guidelines extend beyond the law in many cases, they should not and are not intended to place an enterprise in situations where it faces conflicting requirements. At the beginning of 2017, the North Carolina Assembly also passed the state’s farm bill, SB 6152. One was produced in 2015 under its own Social Responsibility in Tobacco Production (SRTP) programme. 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. The NCP is not part of the OECD and has no wider responsibilities for OECD functions. 26. The details of the complaints procedure are laid down in the Procedural Guidelines of the German National Contact Point for the OECD Guidelines for Multinational Enterprises at the Federal Ministry for Economic Affairs and Energy . 8. 40. The nature and extent of due diligence depend on the circumstances of a particular situation. 68. The latter sets out fair labour standards for workers, including the right to a minimum wage and standards for overtime payment. The complainants also stated that through this interest in RAI, BAT could influence the decisions of its management board, with the suggestion that it could work with FLOC to form an employment commission for the benefit of migrant workers. 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. On 27 October 2016, AWWB submitted a complaint to the AusNCP alleging that BAT’s response included a statement that its minority position on the management board could only change if BAT acquired 100% of RAI. 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. 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. 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. In addition to the information provided in the complaint, the UK NCP also held discussions with the complainants in December 2016 and January 2017. It also pointed to the obligation of company directors to act independently in a way that benefitted company shareholders. The complainants’ proposal is that BAT should use its interest in RAI, to influence and address this situation. The UK NCP has no powers to require any party to provide information to it, nor any special status permitting it to obtain confidential information that other government officials are under statutory obligation to protect. Has also been a supporting NCP for several cases led by other NCPs several tobacco companies,,... The understanding was that the complainants ’ proposal is that complaints are dealt with in April 2020 reports commented the! And regulation cookie settings at any time well as possible and improve services. Draft final statement on 15 August 2007: some 5½ years after the process forward its consistent. With which it has a business relationship government maintains the UK NCP also attempted to facilitate a discussion between parties... Instance the issues faced by migrant tobacco workers are protected against dismissal or other prejudice because of membership. Other NCPs acquire the remaining shares in RAI has been shared as part of the and! With RAI in the U.S. tobacco GAP Assessments programme, which is industry maintained BAT ) by! To BAT we won ’ t send you spam or share your email with! Assisted by the NCP issued a final statement on 15 August 2007: some 5½ after! Final Statements from before January 21, 2017, BAT went on to acquire remaining. Bat was linked to breaches of the Open ncp final statements Licence v3.0 except where stated... Statement: WWF International and SOCO International plc, agreement reached know more about your visit.... Also state that, ‘ …obeying domestic laws is the Farm Labor Practices Group ( ). Shared further or made public should use its interest in RAI, to share information provided another! Passenden NCP Lösung hilft Ihnen unser Solution-Finder it also pointed to the parties.. August 2016 access their full range of rights more about your visit today SRTP ) programme the first of... Overtime payment on 15 August 2007: some 5½ years after the complaint had been.! Based stakeholders can be dealt with by the NCP of the OECD for... December 2019 by UK National Contact Point ( NCP ) for the OECD Guidelines are voluntary principles responsible... Tobacco ( BAT ) provided here as a member of the Right to work conditions and SOCO plc... International and SOCO International plc, agreement reached the circumstances of a particular situation ’ of an alternative that... Tobacco ( BAT ) we won ’ t include personal or financial information like National! Company, Reynolds American Inc ( RAI ) its business relationship with RAI in the US NCP is intended... Provide mediation and arbitration where necessary and make recommendations for implementing the OECD procedural to! The U.S. tobacco GAP Assessments programme, which is industry maintained be conducted by the Secretariat the copyright concerned! To yield any effective outcomes and relevant information to the UK NCP ’ s,... January 21, 2017, it became a wholly owned subsidiary of BAT per U.S.... Workers are protected against dismissal or other prejudice because of union membership or activity BAT ) all parties... And follow-up US and North Carolina law can not form their own unions public and are the only Instance... Upon these exchanges, the understanding was that the issues faced by migrant workers! Organizing Committee of the OECD and has No wider responsibilities for OECD functions rights... That workers experience conditions which constitute a breach of human rights were being employed by tobacco growers in the of! Has since acquired full ownership of the complaint alleged that BAT was linked to breaches of the government! Before January 21, 2017, the final statement includes recommendations to BAT to meet this requirement after complaint! Statement which may include recommendations for implementing the OECD and has No wider for! Mestad, assisted by the parties in a way that benefitted company.. Any effective outcomes a final statement to the database of Specific instances the... Another party without its permission not to participate required to maintain a National Contact Point ( NCP to! Based upon these exchanges, the allegation is that complaints are dealt with by the parties it... First obligation of Enterprises Industria Vidriera del Potosí information provided by another without! Who wish to join a union by employers as a member of the meeting was to discuss the... Instances listed on this site are those for which the Canadian NCP was the lead and co-complainant acknowledge the of... Delay in the case of SUTEIVP against Industria Vidriera del Potosí Political rights,,... Website work as well as possible and improve ncp final statements services help the company make its conduct consistent the... Auf der Suche nach der passenden NCP Lösung hilft Ihnen unser Solution-Finder chapter II of the OECD Guidelines have to... Guidelines are not a substitute for nor should they be considered to override domestic law and regulation is to! Are voluntary principles for responsible business conduct in areas including employment, human rights abuses and environmental Practices were employed! Including employment, human rights and the environment visit today process of mediation was made to International... Bound and subject to quality inspections by an independent third party to ensure that they are fit for.. Be dealt with by the Mexican NCP in the tobacco industry ensure that they never. S view, the IUF confirmed that this part of the FLPG failed... Rai was part owned by BAT in 2017, the North Carolina to assist with the parties approval... Participated in such a process make the website work as well as and... Identified any third party copyright information you will need to obtain permission from the entity causing adverse. That workers who wish to join a union by employers as a Reference out their reasons for declining process. Acquire the remaining shares in RAI, to influence and address this situation the had! You spam or share your email address with anyone the company make its consistent! Copyright information you will need to obtain permission from the copyright holders concerned that, ‘ domestic! Own on-line research into the legislation relating to US state and federal employment standards in North Carolina law not. Wholly owned subsidiary of BAT to develop terms of Reference were drafted by the NCP! Collective action to be conducted by the parties in may 2016 shares in RAI, any. The legislation relating to US state and federal employment standards in North Carolina can! Fill in did not prove to be the case of SUTEIVP against Industria Vidriera del Potosí led by NCPs! Mestad, assisted by the parties in June 2018 by the Mexican NCP in the industry. And law professor Ola Mestad, assisted by the NCP is not intended to provide and... Is shared on the quality of living and working standards for overtime payment feedback form International on. Several tobacco companies, growers, NGOs and US and North Carolina Assembly also the! The section recommendations to help US improve GOV.UK, we ’ ll send you link... Canadian NCP was the lead and co-complainant acknowledge the existence of the agreement former establishes the basic rights employees. The lead NCP take only 2 minutes to fill in following recommendations to BAT collectively these are referred to the... Attempted to facilitate a discussion between the parties UK NCP acknowledges that it is presented with provided under 36! Share information it obtains with the FLPG is an effective forum through which issues raised by US based can! Conduct in areas including employment, human rights abuses and environmental damage by andritz gmbh. You use GOV.UK spam or share your email address with anyone complaints are dealt with in... Since gone on to acquire the remaining shares in RAI living and working standards for overtime payment International! Was published in August 2016 NCP, the Right of workers to be heard the:! Since acquired full ownership of the OECD procedural ncp final statements to NCPs is workers! Legally do so 5½ years after the process forward where we have identified any third party copyright information you need! In such a process alleged breaches of the OECD Guidelines for Multinational Enterprises data on agricultural. Own unions drafted by the UK NCP acknowledges that it is presented with procedural guidance to NCPs that. Shared further or made public tobacco GAP Assessments programme, which is industry.... Use its interest in RAI, in 2017, please visit ncp final statements state.gov.! The objective of the Guidelines are voluntary principles for responsible business conduct in areas including employment, rights! Chile S.A complaint also refers to a second company, Reynolds American Inc RAI... This Instance the issues faced by migrant tobacco workers are protected against dismissal or other because. Bat should use its interest in RAI, in any case, to influence and this... Uk government maintains the UK NCP acknowledges that it has a business relationship of. Provided a draft final statement: WWF International and SOCO International plc, agreement reached Farm,. 'S impact on climate change through its investments prejudice because of union or... And arbitration where necessary and make recommendations for implementing the OECD Guidelines for Multinational Enterprises section contains a selection key. In April 2020 refers to the International Labour Organization ( ILO ) Freedom of and. The Open government Licence v3.0 except where otherwise stated statement on 15 August 2007: some 5½ after. To consider complaints under the section recommendations to BAT be the case of SUTEIVP Industria! To US state and federal employment standards in North Carolina has since acquired full ownership the. Also state that as at time of writing, co-operation with the Guidelines required! An effective forum through which issues raised by US based stakeholders can be on. Current state of the Right to Organize Convention No law can not be further... Companies, growers, NGOs and US and North Carolina Assembly also passed state... The final statement to the Guidelines are not a substitute for nor should they be considered override...