Following the acquisition of RAI by BAT in 2017 it is a wholly owned subsidiary of BAT. The UK NCP applied the updated 2011 Guidelines to the actions of companies from 1st September 2011 and to outstanding impacts known to the company at that date. The nature and extent of due diligence depend on the circumstances of a particular situation. The OECD Guidelines are voluntary principles for responsible business conduct in areas including employment, human rights and the environment. 42. 55. 40. The AusNCP … 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. 32. 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. 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’. 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. We use this information to make the website work as well as possible and improve government services. 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. 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. General Assembly of North Carolina, Session 2017, Session Law 2017-108, Senate Bill 615 ↩, OECD Guidelines for Multinational Enterprises, 2011 edition, p.32. Since the submission of the original complaint in April 2016 the UK NCP also understands that the BAT has now become the full owner of RAI. b) Mediation or examination: If the UK NCP accepts that issues merit further examination, it offers mediation to parties to help them resolve the issues. The UK NCP’s initial assessment of the complaint can be found on gov.uk. [footnote 1]. You’ve accepted all cookies. BAT also stated that while members of its staff sat on RAI’s management board, the board as a whole always had the duty to act in the best interests of RAI’s shareholders and, that any decisions arrived at were done so independently and without any direction from BAT. Final Statement Specific Instance regarding ACC Limited and Ambuja Cement Limited (Holcim Group) in India Berne, 18 December 2014 Background 1. The UK NCP is based in the Department for International Trade (DIT) and funded by DIT and the Department for International Development (DfID). You can change your cookie settings at any time. 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. Die NCP Entry Clients für Endgeräte mit Windows, macOS oder Android Betriebssystem können in jede vorhandene Infrastruktur integriert werden. Note: The Peer Review will be reviewing the three Final Statement cases that went to mediation. The UK NCP is … Share. NCP Solutions helps companies optimize the effectiveness, efficiency and impact of their business-critical communications. Complaint 12. (Malaysia) Sdn. This is the FLPG process that was established in 2012. The former establishes the basic rights of employees to form trade unions, enter into collective bargaining and, participate in collective action. 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. One was produced in 2015 under its own Social Responsibility in Tobacco Production (SRTP) programme. 24/48 19 Complaint database. 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. 4. The nature and extent of due diligence depend on the circumstances of a particular situation’. The OECD procedural guidance to NCPs is that complaints are dealt with by the NCP of the country in which the issues have arisen. However, this did not prove to be the case. The final statement was issued after all those involved in the process had moved on, requiring the present NCP to gain information with no direct involvement. 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. This organisation is the Farm Labor Practices Group (FLPG). We’ll send you a link to a feedback form. 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. 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) 22/48 21 Parallel proceedings. 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. This provided data on how agricultural, labour and environmental practices were being employed by tobacco growers in the U.S. 41. As … 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. Due to the delay in the process, the UK NCP also attempted to facilitate a teleconference between the parties. In their response to the complaint, BAT acknowledge that workers who wish to join a union have the right to legally do so. 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. 1. 36. 2 3. 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. 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. Don’t worry we won’t send you spam or share your email address with anyone. 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’. 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. It has apologised to both parties for this. 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. Secretariat, French NCP and United Kingdom NCP. 63. 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. Without any form of redress, the allegation is that workers experience conditions which constitute a breach of human rights. 44. At the beginning of 2017, the North Carolina Assembly also passed the state’s farm bill, SB 6152. 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. The UK NCP acknowledges that it has seen evidence of an alternative process that allows the views of ununionized workers to be heard. Final Statement by the UK NCP on the complaint from the European Centre for Constitutional and Human Rights against Cargill Cotton Limited (in Uzbekistan), 11 July 2011 Follow-up statement on the complaint from the Malaysian Trades Union Congress against British American Tobacco Malaysia , 8 July 2011 The research conducted by the SRTP is funded by a number of tobacco companies including BAT. 35. 64. Bhd, Statement by the Mexican NCP in the case of SUTEIVP against Industria Vidriera del Potosí. 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. 34. At the mediation stage, the NCP publishes a statement identifying the parties to the complaint. 18. 37. If no agreement is reached, it publishes a final statement which may include recommendations for implementing the OECD Guidelines. 21. 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. In this instance the issues arose in the US. 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 … 20/48 22 Guidelines explained. The co-complainant is the Farm Labor Organizing Committee of the United States (FLOC). This is the Farm Labor Practices Group (FLPG). 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. 24. 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. 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. 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. c) Final statement: the UK NCP issues a final statement recording the agreement reached by the parties or, alternatively, its findings on the company’s actions. 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. as NCP at different times. The obligation under paragraph 5 is to ‘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’. UK NCP final statement: WWF International and SOCO International plc, agreement reached. BAT declined to participate. 17. The UK NCP has made recommendations to the company in regard to demonstrating that it is addressing human rights impacts of its business relationships. c) Final statement: the UK NCP issues a final statement recording the agreement reached by the parties or, alternatively, its findings on the company’s actions. 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. 11. The parties reached … 65. The IUF confirmed that this part of the complaint had been made in error. 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. This statement was published on 2 December 2019 by UK National Contact Point (UK NCP) for the OECD Guidelines for Multinational Enterprises. This development is further discussed under paragraphs 27 – 30. This set out their reasons for declining the process of mediation. The Dutch NCP published final statement 4 NGOs, Oxfam Novib, Greenpeace NL, BankTrack and Friends of the Earth (Netherlands), versus the ING. Explore the big challenges, opportunities, debates and frameworks for business and human rights. Polish OECD NCP Final Statement of alleged non-observance of the OECD Guidelines for Multinational Enterprises Warsaw, 13 June 2019 1. The other was a report prepared for R.J. Reynolds Tobacco in 2016 under the U.S. Tobacco GAP Assessments programme, which is industry maintained. 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. An initial assessment of this complaint was published in August 2016. alleging human rights abuses and environmental damage by andritz hydro gmbh in connection to the xayaburi hydropower project in lao pdr june 2017 . However, the UK NCP accepts that there are areas where BAT could contribute more to help promote a better working environment for migrant workers. 31. 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. In addition to the information provided in the complaint, the UK NCP also held discussions with the complainants in December 2016 and January 2017. As part of the original complaint, the IUF and FLOC asserted that BAT was linked to alleged breaches under the OECD Guidelines through its 42% shareholding of RAI. 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.’. 14. 33. 19. The UK NCP finds that BAT did meet the obligations set out under chapter II, paragraph 10 and 12 and chapter IV, paragraphs 1, 3 and 5 of the OECD Guidelines. 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 UK NCP understands that for agricultural workers, including those who work in the tobacco industry, there is a reliance on state legislature to set out the conditions of employment for agricultural workers. 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. Specific Instance Final Statements The following are Final Statements on all of the Specific Instances which have been brought to closure by the USNCP. States have the duty to protect human rights. 54. The UK NCP then worked with the parties to develop Terms of Reference which were acceptable to both parties. Bureau of Economic and Business Affairs. 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. The UK NCP received the complaint in April 2016 and published its finalised Initial Assessment accepting the issues for further examination in 10 August 2016. 10. 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. 45. 28. BAT has since gone on to acquire full ownership of RAI. 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, January 2012, Initial assessment by the Norwegian NCP on the complainst by the Norwegian Support Committee for Western Sahara against Sjovik AS, 8 March 2012, Organisation for Economic Co-operation and Development (OECD), © In the original complaint submitted to the UK NCP, the IUF and FLOC set out a number of demands. The UK NCP subsequently informed the parties that it would be proceeding to the final statement stage of the complaints process. 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’. 61. 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. The lead complainant is the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF). 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. For more than 45 years, companies have relied upon our industry-leading expertise, freeing them to focus time, energy and resources on their core business needs and on what matters most to them – creating value for their customers. Statement by the Chilean NCP on the case of Marine Harvest Chile S.A. After the process is complete, parties are free to discuss it but should not share information provided by another party without its permission. 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. This covers the migrant workers referred to in the original complaint. BAT is headquartered in the UK. Go to content. Collectively these are referred to as Right to Work conditions. 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. 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. 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. 30. The complaint alleged that BAT was linked to breaches of the OECD Guidelines through its business relationship with RAI in the US. 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. Ihr Weg zu den richtigen NCP Produkten. 66. The NCP issued a final statement on 15 August 2007: some 5½ years after the Complaint had been filed. 51. final statement complaint from the future in our hands (fioh) against intex resources asa and the mindoro nickel project norwegian national contact point (ncp) for the oecd guidelines for multinational enterprises www.responsiblebusiness.no BAT has provided evidence that an alternative forum currently exists where the issues faced by migrant workers in the agricultural industry who are not members of unions or cannot enter into collective bargaining can be voiced. 98 which relates to the protection of workers against dismissal or other prejudice because of union membership or activity. After a 17 month investigation beginning in 2014, the NCP stated clearly in its Final Statement in June 2015, that: 53. 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. 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