Denmark

By Daniel Morris | 25. April 2018

Appendix 2 – Overview of the implementation of the access to remedy

 Status in Denmark (initiatives implemented before the UN ratification of the Guiding Principles) [page 36]

— The Danish Mediation and Complaint Handling Institution has been established in accordance with the international criteria for non-judicial mediation and grievance mechanisms (UNGPs) as well as the criteria for national contact points as stated in the OECD Guidelines for Multinational Enterprises (Visibility, Accessibility, Transparency, Accountability):

  1. To ensure legitimacy the institution has been established in Danish law
  2. Anyone can submit a complaint to the Mediation and Complaints-Handling Institution
  3. A description of the complaint handling procedure has been made public along with an indicative timeframe for each step in the process
  4. The chairman shall assist the weaker party that may require special support, but also assist companies, for example, so that the chairman can help to conclude a case quickly and in a way that also takes the company’s situation into account. The Mediation and Complaints-Handling Institution for Responsible Business Conduct may allocate advisers to one or both parties. The purpose is to ensure that the mediation outcome is in the interests of both parties.
  5. The institution will inform the public of the cases the institution is handling. For every step in the case handling the institution will make a statement which will be made publicly available on the institution’s website. Information from a case is subject to the access to information act once the case has been concluded. Finally, the Institution will prepare an annual report that is published and also discussed with the Council for Corporate Social Responsibility and the OECD’s Investment Committee, in order to improve the work of the Institution.
  6. The purpose of the institution is to help solve conflicts in accordance with the OECD Guidelines for Multinational Enterprises.
  7. In addition to considering concrete incidences of infringement, the Mediation and Complaints-Handling Institution also has the object of promoting the implementation of the OECD Guidelines for Multinational Enterprises, and compliance by Danish companies, authorities and organisations. The Mediation and Complaints-Handling Institution will also conduct activities that support the CSR efforts of Danish companies, authorities and organisations, for example as guidance in relation to the consideration of concrete cases, or in information and education activities. The institution will also work with other national contact points and the OECD Investment Committee in terms of concrete complaint handling as well as promotional activities.
  8. Dialogue and mediation play a central role in the complaint handling.