This covers the migrant workers referred to in the original complaint. In the original complaint submitted to the UK NCP, the IUF and FLOC set out a number of demands. This section contains a selection of key portals curated by our global team. 87 which relates to the right of workers to establish and join an organisation of their own choosing and, the Right to Organize and Collective Bargaining Convention No. The UK NCP offer of mediation was made to all the parties involved. 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. Auf der Suche nach der passenden NCP Lösung hilft Ihnen unser Solution-Finder. 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. The AusNCP … 1. The UK NCP approached Foreign & Commonwealth Office (FCO) colleagues based in the United States for information relating to agricultural workers’ domestic rights as well as labour legislation in North Carolina. The NCP issued a final statement on 15 August 2007: some 5½ years after the Complaint had been filed. 23/48 20 Complainant anonymity. 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. The research conducted by the SRTP is funded by a number of tobacco companies including BAT. The parties reached … 17 Final statements. 58. Under the International Labour Organization (ILO) Freedom of Association and Protection of the Right to Organize Convention No. ↩, International Covenant on Civil and Political Rights, 1976, article 22, paragraph 2. Both parties have agreed to publish the full text of the agreement. 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. This was disputed by BAT on the basis that they had never participated in such a process. 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. Statement by the Chilean NCP on the case of Marine Harvest Chile S.A. To view Specific Instance Final Statements from before January 21, 2017, please visit the state.gov archive. All the information provided to the UK NCP by the parties has been shared as part of the complaint process. 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. Following the acquisition of RAI by BAT in 2017, it became a wholly owned subsidiary of BAT. 22. 21. Enterprises should, within the framework of internationally recognised human rights, the international human rights obligations of the countries in which they operate as well as relevant domestic laws and regulations: 1, 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. This is the Farm Labor Practices Group (FLPG). 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. However, they also state that as at time of writing, co-operation with the FLPG has failed to yield any effective outcomes. 52. Go to content. 56. 20/48 22 Guidelines explained. 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. Final report by the Dutch NCP on the Specific Instance notified by CEDHA, INCASUR Foundation, SOMO and Oxfam Novib concerning Nidera Holding B.V. 64. The NCP is not part of the OECD and has no wider responsibilities for OECD functions. Membership of the FLPG is comprised of several tobacco companies, growers, NGOs and US and North Carolina Labor Department officials. 3. Within the US, workers’ rights are protected under Federal laws, specifically the National Labor Relations Act and the Fair Labor Standards Act. 98 which relates to the protection of workers against dismissal or other prejudice because of union membership or activity. 37. 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’. This includes establishing a clear process to address the issues identified during the meetings on a timely basis, if it has not already done so. The Dutch NCP published final statement 4 NGOs, Oxfam Novib, Greenpeace NL, BankTrack and Friends of the Earth (Netherlands), versus the ING. 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. 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. SUMMARY Clean Clothes Campaign Danmark and Aktive Forbrugere (Active Consumers) submitted a complaint in December 2014 to the Mediation and Complaints-Hand- ling Institution for Responsible Business Conduct (The Danish OECD National Contact Point (NCP)) regarding PWT Group A/S, alleging that PWT Group had violated the OECD Guidelines for Multina-tional … 87, the right of workers to establish and join an organisation of their own choosing is stated. The result was to dismiss all alleged breaches of the OECD Guidelines. 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. 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 UK NCP operates within boundaries set by the OECD Guidelines, including the voluntary nature of the Guidelines and the requirement on NCPs to operate transparently. Based upon these exchanges, the understanding was that the complainants intended to provide additional and relevant information to the UK NCP. 60. NCP and law professor Ola Mestad, assisted by the Secretariat. Executive Summary: This Final Statement concludes the Specific … The lead complainant is the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF). The IUF confirmed that this part of the complaint had been made in error. This statement was published on 2 December 2019 by UK National Contact Point (UK NCP) for the OECD Guidelines for Multinational Enterprises. 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. 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. Die NCP Entry Clients für Endgeräte mit Windows, macOS oder Android Betriebssystem können in jede vorhandene Infrastruktur integriert werden. An initial assessment of this complaint was published in August 2016. 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. It has apologised to both parties for this. This is the FLPG process that was established in 2012. 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. Final Statement by the Norwegian NCP Norwegian Society for the Conservation of Nature/Friends of the Earth Norway1 and Forum for Environment and Development vs Cermaq ASA (Mainstream Canada and Mainstream Chile) The Norwegian NCP’s conclusions Following the successful conclusion of the mediation process by the Norwegian NCP and the joint statement by the parties, the Norwegian NCP … Mehr erfahren! 68. In their complaint to the UK NCP, IUF and FLOC alleged that BAT was linked to the abuse of migrant workers, specifically those involved with the harvesting of tobacco in North Carolina, through its 42% shareholding in RAI. 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. The Article goes on to state that ‘…no restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.’[footnote 7]. 98, workers are protected against dismissal or other prejudice because of union membership or activity. Please now refer to the database of specific instances on the website: mneguidelines@oecd.org. We’ll send you a link to a feedback form. However, due to substantive comments from the notifier, the AusNCP decided to delay concluding the specific instance and reconsider the substance of the Final Statement. The obligation under paragraph 10 is to ‘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 paragraph 12 … and account for how these impacts are addressed. 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. However, this did not prove to be the case. In addition to the information provided in the complaint, the UK NCP also held discussions with the complainants in December 2016 and January 2017. UK NCP final statement: WWF International and SOCO International plc, agreement reached. Statement of the Swiss NCP regarding the articles by Survival International (PDF, 66 kB, 07.09.2017) Final Statement Holcim Indonesia (PDF, 332 kB, 12.07.2017) Final Statement FIFA BWI (PDF, 366 kB, 01.05.2017) Initial Assessment WWF International (PDF, 194 kB, 20.12.2016) 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 Specific Instances listed on this site are those for which the Canadian NCP was the lead NCP. However, the UK NCP notes that the Charter and Operating Protocols for the FLPG it has seen, and which are dated 2015, indicate that many of the processes are still at a preliminary stage and are not clearly defined. The UK NCP has made recommendations to the company in regard to demonstrating that it is addressing human rights impacts of its business relationships. 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. 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. 13. ↩, International Covenant on Civil and Political Rights, 1976, article 22, paragraph 1. The proposal was made to the parties in June 2018 by the UK NCP. Terms of Reference were drafted by the UK NCP and submitted to the parties for approval. 32. The complainants state that the issues faced by migrant tobacco workers are not being addressed properly because of this. At the time of the complaint, BAT owned 42% of RAI, and members of BAT staff also sat on RAI’s management board as directors. The former establishes the basic rights of employees to form trade unions, enter into collective bargaining and, participate in collective action. The Guidelines are not a substitute for nor should they be considered to override domestic law and regulation. Bureau of Economic and Business Affairs. 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. On 27 October 2016, AWWB submitted a complaint to the AusNCP alleging that 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. 66. Grounds for review 4. BAT further state that this is a legal prohibition against the compulsion of an employee by an employer to join a union or pay dues is a point of U.S. law and not something over which they have any control. 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. In their response to the complaint, BAT acknowledge that workers who wish to join a union have the right to legally do so. 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