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. The UK NCP would like to make the following recommendations to BAT. The UK NCP is based in the Department for International Trade (DIT) and funded by DIT and the Department for International Development (DfID). The UK NCP notes that in July 2017, BAT did proceed to acquire the remaining 58% of RAI to assume total control of the company. [footnote 8]. The complainants state that the issues faced by migrant tobacco workers are not being addressed properly because of this. The UK NCP has addressed this issue under the section Recommendations to the company and follow-up. 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. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. The UK National Contact Point (UK NCP) examined the allegations put forward by the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) and the Farm Labor Organizing Committee (FLOC) that British American Tobacco (BAT) is linked to alleged breaches of the OECD Guidelines for Multinational Enterprises under chapter II, paragraph 10 and 12 and chapter IV, paragraphs 1, 3 and 5. 36. This is the Farm Labor Practices Group (FLPG). 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 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. The complaint also refers to a second company, Reynolds American Inc (RAI). 1. Each country adhering to the Guidelines is required to maintain a National Contact Point (NCP) to consider complaints under the Guidelines. Because of this, the IUF and FLOC allege that BAT, as a party with shareholder interest in RAI, is in breach of the OECD Guidelines. ↩, International Covenant on Civil and Political Rights, 1976, article 22, paragraph 1. 11. 20/48 22 Guidelines explained. [footnote 1]. Collectively these are referred to as Right to Work conditions. 63. Both reports commented on the quality of living and working standards for workers in the tobacco industry. 22. Share. 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. At the time the complaint was made in 2016, RAI was part owned by BAT. Explore the big challenges, opportunities, debates and frameworks for business and human rights. ↩, International Covenant on Civil and Political Rights, 1976, article 22, paragraph 2. 9. The objective of the meeting was to discuss the current state of the complaint and to discuss moving the process forward. 43. All content is available under the Open Government Licence v3.0, except where otherwise stated, IUF and FLOC complaint to UK NCP about BAT, Initial Assessment of the complaint by the UK NCP, Recommendations to the company and follow-up, nationalarchives.gov.uk/doc/open-government-licence/version/3, Coronavirus (COVID-19): guidance and support, Check how the new Brexit rules affect you, Transparency and freedom of information releases. 57. The complainants state that BAT and RAI, a tobacco company in the United States, are aware of these issues but have not acted upon them to bring about any positive outcomes for migrant workers. This provided data on how agricultural, labour and environmental practices were being employed by tobacco growers in the U.S. 41. You are here: Home Documents NCP Final Statement notification 4 NGOs vs ING. The interviews were conducted by a third party. 16. Executive Summary: This Final Statement concludes the Specific … BAT also provided the summary findings of a 2015 U.S. Tobacco GAP Assessments program that had been prepared for R.J. Reynolds Tobacco, a subsidiary of RAI, by a third party. However, they also state that as at time of writing, co-operation with the FLPG has failed to yield any effective outcomes. 45. This statement was published on 2 December 2019 by UK National Contact Point (UK NCP) for the OECD Guidelines for Multinational Enterprises. 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. States have the duty to protect human rights. Per the U.S. NCP procedures, only Final Statement are made public and are the only Specific Instance documents provided to the Peer Review. 12. 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. You’ve accepted all cookies. For any information gathering and research process of this type to be useful, it must also result in a commensurate response to ensure that standards are met. 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. 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. BAT is headquartered in the UK. Membership of the FLPG is comprised of several tobacco companies, growers, NGOs and US and North Carolina Labor Department officials. 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 was disputed by BAT on the basis that they had never participated in such a process. 28. 53. 14. (Malaysia) Sdn. 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. It also pointed to the obligation of company directors to act independently in a way that benefitted company shareholders. Full details of the UK NCP’s process and statements can be found on gov.uk. 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. The former establishes the basic rights of employees to form trade unions, enter into collective bargaining and, participate in collective action. The AusNCP … This set out their reasons for declining the process of mediation. The co-complainant is the Farm Labor Organizing Committee of the United States (FLOC). 39. 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. 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. 65. 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. 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) The commission would also provide mediation and arbitration where necessary and make recommendations for future collective action to be conducted by the parties. 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. The Canadian NCP has also been a supporting NCP for several cases led by other NCPs. BAT has since gone on to acquire full ownership of RAI. 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 … To assist with the interpretation of these paragraphs, guidance is provided under sections 36 to 46 of chapter II of the Guidelines. Complaint 12. 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. The NCP is not part of the OECD and has no wider responsibilities for OECD functions. 19. The UK NCP recognises that there has been a long delay in the handling of this complaint, primarily due to staff changes in the UK NCP team. The UK NCP’s initial assessment of the complaint can be found on gov.uk. 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. 2. We use cookies to collect information about how you use GOV.UK. The UK NCP offer of mediation was made to all the parties involved. 13. 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’. 22/48 21 Parallel proceedings. In 2017, BAT went on to acquire the remaining shares in RAI. Final Statement This Specific Instance was submitted by Mr Yacouba Traoré on behalf of the Former Employees Collective of the Australian Laboratory Services Mali SARL Laboratory Group against Australian Laboratory Services. The UK NCP expects, in any case, to share information it obtains with the parties. IUF and FLOC’s complaint states that in failing to provide access to adequate processes of redress, BAT fails to respect the human and employment rights of migrant workers in the tobacco industry who are part of the supply chain for their final products. 11. The NCP issued a final statement on 15 August 2007: some 5½ years after the Complaint had been filed. BAT’s response included a statement that its minority position on the management board could only change if BAT acquired 100% of RAI. In their response to the complaint, BAT acknowledge that workers who wish to join a union have the right to legally do so. These procedures should be time bound and subject to quality inspections by an independent third party to ensure that they are fit for purpose. Terms of Reference were drafted by the UK NCP and submitted to the parties for approval. Chapter I, paragraph 2 of the Guidelines state that, ‘…obeying domestic laws is the first obligation of enterprises. 38. On the basis of the information it has seen, the UK NCP accepts that due diligence processes do exist to identify, prevent and mitigate actual and potential adverse impacts. BAT has since acquired full ownership of the RAI, in 2017. 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. However, BAT also state that tobacco growers cannot participate in a process that effectively causes the mandatory unionisation of the workforce in a supply chain as this would be contrary to existing legislation. 3, Seeks 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. Final Statement Specific Instance regarding ACC Limited and Ambuja Cement Limited (Holcim Group) in India Berne, 18 December 2014 Background 1. 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. 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