OECD National Contact Points

The OECD Guidelines for Multinational Enterprises (MNEs) are a set of recommendations addressed by states adhering to the OECD Declaration on International Investment and Multinational Enterprises to multinational enterprises operating in or from these states. Since the 2000 revision (the latest revision was in 2011), the OECD Guidelines mandate that adhering states to set up National Contact Points (NCPs) “for undertaking promotional activities, handling inquiries and contributing to the resolution of issues that arise relating to the implementation of the Guidelines in specific instances”. By 2017, 46 NCPs had been established in 48 adhering states.

First adopted in 1976, the OECD Guidelines for MNEs provide guidance for responsible business conduct in areas such as: human rights, labour rights, environment, information disclosure, combating bribery, consumer interests, competition, taxation, and intellectual property rights. The 2011 revision of the Guidelines added a chapter on Human Rights aligned with the language of the UN Guiding Principles on Business and Human Rights (UNGPs). The UN Guiding Principles on Business and Human Rights (UNGPs) refer to the NCPs in the Commentary to Guiding Principle 25, where they are listed among State-based grievance mechanisms.

NCPs undertake promotional activity, handle inquiries, and contribute to the resolutions of issues relating to the OECD Guidelines in “specific instances”. Specific instances can be submitted by any individual or organisation regarding a business, operating in or from the territory of the adhering state, which has allegedly not observed the Guidelines. After an initial assessment to determine if the issues raised merit further consideration, the NCP will offer “good offices to help the parties involved to resolve the issues” and “facilitate access to consensual and non-adversarial means, such as conciliation or mediation, to assist the parties in dealing with the issues”. Finally, it will issue a final statement with recommendations on the implementation of the Guidelines. While many specific instances have gendered implications, very few have explicitly addressed the issue of gender violence or discrimination. As a rare example, in 2006, the Polish NCP handled a case relating to sexual harassment.

While States have flexibility in how they organise their NCP, the 2011 Guidelines state that such arrangements must allow NCPs to “operate in accordance with core criteria of visibility, accessibility, transparency and accountability to further the objective of functional equivalence”. Additionally, UN Guiding Principle 31 spells out effectiveness criteria for non-judicial grievance mechanisms which also apply to NCPs: legitimate; accessible; predictable; equitable; transparent; rights-compatible; and a source of continuous learning.

During the 2011 revision of the OECD Guidelines for MNEs, it was agreed that NCPs will engage in peer learning activities and are encouraged to carry out voluntary peer reviews. In the G7 Declaration of June 2015, the G7 leaders committed to “strengthening mechanisms for providing access to remedies including the National Contact Points (NCPs) for the OECD Guidelines for Multinational Enterprises. In order to do so, the G7 will encourage the OECD to promote peer reviews and peer learning on the functioning and performance of NCPs. We will ensure that our own NCPs are effective and lead by example.”

In its 2015 report, Remedy Remains Rare, OECD Watch highlighted that “the overwhelming majority of complaints (brought before NCPs) have failed to bring an end to corporate misconduct or provide remedy for past or on-going abuses, leaving complainants in the same or worse position as they were in before they filed their complaint” and noted that many NCPs failed to respect the procedural guidance set forward in the OECD Guidelines. OECD Watch’s 4×10 plan for why and how to unlock the potential of the OECD Guidelines identifies 10 key reforms needed to strengthen most NCPs’ performance, but OECD Watch’s annual State of Remedy reports demonstrate that the lack of improved procedures and organisational structures at many NCPs continues to stymie access to remedy for complainants.

In 2019, OECD Watch and the Business and Human Rights Resource Centre published a fact sheet on the increasing risks to human rights defenders who file complaints to NCPs. OECD Watch criticises NCPs for not employing their influence to prioritise the protection of defenders and for not attaching consequences on multinational enterprises that breach the Guidelines.

In 2016, the Investment Committee and its Working Party on Responsible Business Conduct approved an Action Plan to strengthen National Contact Points for the period 2016-2018. In June 2018, the Accountability Counsel, ICAR, and OECD Watch published Advancing and Strengthening the OECD National Contact Point Peer Review Process.

Some interesting examples from NCPs include:

In 2014, the Dutch NCP was mandated by the government to conduct cross-sector investigations. In October 2016, the government requested that the NCP investigate compliance with the OECD Guidelines by the Dutch oil and gas sector. In January 2019, the NCP delivered the results of the investigation to the government, concluding that implementation of the OECD Guidelines are poor and transparency is insufficient across the oil and gas sector. This is the first time that an NCP was asked to conduct research on a specific sector and give findings on the matter.
Denmark’s NCP, the Mediation and Complaints Handling Institution for Responsible Business Conduct (MKI), is established by law and is mandated to consider cases concerning non-compliance with the OECD Guidelines of both private and public organisations.
The Norwegian NCP is established as an independent expert advisory body, and comprises four independent experts.

The OECD Guidelines for Multinational Enterprises are not only a crucial instrument for human rights advancement in business sector, but they can also serve as an important tool that can guide companies in taking actions towards SDG implementation. The OECD guidelines cover all major areas where business sector can have impact on the society and the environment, including information disclosure relating to SDG 16, employment and competition relevant to SDG 8, industrial relations addressed in SDG 9 and SDG 17, among others.

16) Peace, Justice and Strong Institutions

References

- - - OECD Watch website (https://www.oecdwatch.org):
    - Filing OECD Guidelines complaint,
    - A “4×10” plan for why and how to unlock the potential of the OECD Guidelines. Marking 40 years of the OECD Guidelines, 2016
    - C. Daniel, J. Wilde Ramsing, K.M.G Genovese & V. Sandjojo, Remedy Remains Rare, 2015,
Accountability Counsel, ICAR, and OECD Watch, Advancing and Strengthening the OECD National Contact Point Peer Review Process
Trade Union Advisory Committee to the OECD (TUAC)
Business and Industry Advisory Committee to the OECD (BIAC) website
Amnesty International UK, “Obstacle Course: How the UK’s National Contact Point handles human rights complaints under the OECD Guidelines for Multinational Enterprises“, 2016
NCP Mediation Manual including the relevant texts from the OECD Guidelines as of February 2012
S. Marshall, OECD National Contact Points. Better Navigating Conflict to Provide Remedy to Vulnerable Communities. Non-Judicial Human Rights Redress Mechanisms Project Report 16, Corporate Accountability Research, 2016
J. Ruggie and T. Nelson, “Human Rights and the OECD Guidelines for Multinational Enterprises: Normative Innovations and Implementation Challenges.” Corporate Social Responsibility Initiative Working Paper No. 66. Cambridge, MA: John F. Kennedy School of Government, Harvard University, 2015
J.C. Ochoa Sanchez, The Roles and Powers of the OECD National Contact Points Regarding Complaints on an Alleged Breach of the OECD Guidelines for Multinational Enterprises by a Transnational Corporation, Nordic Journal of International Law, Volume 84, Issue 1, 2015, pages 89-126

What National Action Plans say on OECD National Contact Points

Belgium (2017 - open)

Action point 4

Promote existing qualitative initiatives on human rights and social responsibility

Promouvoir les initiatives qualitatives existantes relatives aux droits de l’Homme et à la responsabilité sociétale

The federal government explains that as part of the promotion of the application of the OECD Guidelines for Multinational Enterprises, the OECD NCP organized a seminar in early 2014, which highlighted the importance of the respect and promotion of human rights by companies. The Belgian NCP will organize a seminar targeting the fight against corruption for SMEs with the provision of a practical toolbox prepared in partnership with the Belgian Confederation of Enterprises and the International Chamber of Commerce and the Ministry of Justice.

Action point 8

Encourage international framework agreements

Encourager les accords-cadres internationaux

This point briefly mentions the OECD NCPs in regards to the role it played in collaboration with NGOs on the promotion of the “Accord on Fire and Building Safety in Bangladesh”. The Belgian NCP had given its recommendations to all the enterprises active in the textile industry.

Action point 9

Strengthen collaboration between public services and the various organizations active in the field of human rights and of international entrepreneurship

Renforcer la collaboration entre les services publics et diverses organisations actives dans le domaine des droits de l’Homme et de l’entrepreneuriat international

The NAP states that various public services, in particular the MFA and the OECD NCP, have information on the human rights situation in different countries, due to their activities (this is the case of for the NCP); the local presence of Belgian representation; contacts with local civil society (especially human rights defenders), other “external” partners sensible to human rights issues (such as the delegations of the European Union and its Member States, the local offices of the United Nations and their specialized bodies, the Council of Europe, etc.) or with representatives of like-minded countries.

The Belgian federal, Flanders and Wallonia governments will aim at gathering inputs at federal and regional levels from various stakeholders, which have information on human rights and how Belgian enterprises can avoid becoming complicit, directly or indirectly, in human rights violations. The analysis that emerges from this exercise will be transferred to the embassies and the competent services in Brussels, who will be able to rely on this input to provide more information to companies in the framework of their regular contacts with them. The NCP may, if appropriate, use the analysis to take initiatives to mitigate identified risks.

Action point 22

Encourage responsible supply chain management with a sector-wide approach

Encourager la gestion responsable des chaînes d’approvisionnement avec une approche sectorielle

The NAP describes several tools of the OECD, which the federal government seeks to engage with through the Belgian NPC. It mentions that in 2013 the Belgian NCP initiated a series of consultations and interviews with various parties in the Belgian apparel sector; in 2014, it organized a round table discussion on non-ferrous metals; and in 2016 it held a round table with Belgian companies on the new OECD due diligence tool created for the agricultural industry. As new tools are expected for 2017 targeting other sectors, the NAP explains that the Belgian NCP will continue, through a sectoral approach, its work of informing and awareness-raising Belgian companies for a sustainable management of supply chains.

Action point 23

Strenghten the OECD National Contact Point

Renforcer le Point de Contact national (PCN) de l’OCDE

This point cover he engagement with NCPs in detail. The action aims at strengthening the capacity of the Belgian NCP in order for it to fulfil its missions and play a more active role in the third pillar of the UNGPs – regarding the access to remedy through non-judicial grievance mechanisms. Lastly, the NAP states that “once a procedure is introduced to the NCP concerning the activities of a Belgian company abroad, at the explicit request of the NCP and the companies concerned and under the guidance of the NCP, the Belgian Embassy in the country concerned can play a role mediation.”

Moreover, the federal government explains that strengthening the NCP “can contribute to support the different judicial or non-judicial measures in matters of respect for human rights by Belgian companies.”

Action point 27

Educate Belgian companies on the problem of corruption and strengthen Belgian commitments on this theme

Sensibiliser les entreprises belges à la problématique de la corruption et renforcement des engagements belges sur cette thématique

This point indicates “awareness-raising of Belgian companies on the problem of corruption” as one of the main tasks to fight corruption. NCP will organize the events in collaboration with the Confederation of Belgian Enterprises and the International Chamber of Commerce.

Pillar 3: Access to Redress Mechanisms

Strand 2: State-Based Non-Judicial Mechanisms

Action Point 2.1 (pages 59-60)

The National Contact Point for OECD Guidelines (NCP) of the Ministry of Foreign Affairs will adopt a series of measures to strengthen its duties. For this, it will:

Renew and strengthen the Mirror Committee, a body composed by representatives from the business community, unions, NGOs, and academia -with the support of Chile’s National Human Rights Institute (NHRI). The Committee’s main role is advising the NCP and supporting his/her work, including the dissemination and treatment of the cases he/she receives. This role will be strengthened by renewing the Committee to enhance the promotion of a Responsible Corporate Behaviour among national stakeholders
Submit, in conjunction with the Directorate of Human Rights of the Ministry of Foreign Affairs, before the Mirror Committee of the National Contact Point, the existing relationship between the OECD Guidelines for Multilateral Enterprises and the UN Guiding Principles on Business and Human Rights.
Prepare, in conjunction with the NHRI, an Agreement of Good Intentions with the purpose strengthening communication between both organisations, share information about potential specific situations and infringement of the Guidelines, specifically regarding the chapter on human rights, and carry out joint execution of the same in dissemination and training activities.
Organise, in conjunction with the Directorate of Human Rights of the Ministry of Foreign Affairs, dissemination and training activities, covering both instruments, for different national stakeholders, by including the mediation/conciliation role of the National Contact Point in the resolution of disputes with multilateral enterprises. Activities include the preparation of a briefing leaflet covering the relationship between OECD Guidelines and the Guiding Principles.
Keep the Trade Offices periodically updated, both at a national and international level, as well as the Chilean Embassies abroad and future Chilean diplomats, about OECD Guidelines, through official messages, teleconferences, visits to Embassies/Regional Offices and coordination of the Chilean Diplomatic Academy.
Be voluntarily evaluated in 2017 through peer review, which will allow the country to identify the NCP’s strengths, as well as areas for improvement, thus becoming the first State in Latin America and the Caribbean to go through this kind of process.

Action Point 2.3 (page 61)

The National Institute of Human Rights will: …

Collaborate with the OECD National Point of Contact on business and human rights related matters.

VIII. FUNDAMENTAL PILLARS

(…)

iii. Fundamental Pillar 3: Access to remedy mechanisms

Strand 2 [Eje nº 2]: Access to non-judicial remedy mechanisms

(…)

The Ministry of Trade, Industry and Tourism [Mincit], as the entity where the Colombian NCP of the OECD Guidelines for Multinational Enterprises has its seat, will continue its work of disseminating the NCP’s non-judicial dispute resolution mechanism, in the events it organises in fulfilment of its functions of disseminating the Guidelines.

Publication and dissemination of existing documents, education and awareness-raising [page 10]

“Current state of play:

The National Contact Point for the implementation of the OECD Guidelines for Multinational Enterprises is responsible for promoting the Guidelines and their instruments (seminars, training, promotional materials, etc.).”

Pillar III [page 41]

“The third pillar also includes quasi-judicial tribunals, dispute resolution authorities, informal ombudsman-type institutions and mediation institutions (such as the National Contact Point, a Government-devised neutral platform to hear complaints about infringements of the OECD Guidelines for Multinational Enterprises).”

2. The state duty to protect human rights

2.3 Actions taken

Protection of Human Rights through State Regulation and Policy [page 13]

“Together with more than 40 countries Denmark adheres to the OECD Declaration on International Investment and Multinational Enterprises. The OECD Guidelines for Multinational Enterprises are the only multilaterally agreed and comprehensive code of responsible business conduct that governments have committed to promoting. The Guidelines are supported by a unique implementation mechanism of National Contact Points (NCPs), agencies established by adhering governments to promote and implement the Guidelines. Denmark is one of the only countries in the world which has established the OECD National Contact Point by Danish law. The purpose is to ensure that the Danish NCP has a maximum of legitimacy and authority.”

4. Access to remedy

4.3 Actions taken

Access to non-judicial remedy [page 20-21]

“In the second national action plan for CSR from March 2012, the Danish Government announced the establishment of a Mediation and Complaints-Handling Institution for Responsible Business Conduct. … So far the promotional activities have included among other:

Instruction for Danish Embassies encouraging them to raise awareness about the Danish National contact Point to local stakeholders.”

Appendix 2, GP 31

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) … [and] will … work with other national contact points and the OECD Investment Committee in terms of concrete complaint handling as well as promotional activities.”

4 Access of victims of human rights violations to legal remedies

4.1 Development of the OECD National Contact Point [page 31]

“The OECD Guidelines include a monitoring mechanism referred to as the National Contact Points (NCPs), which are established by governments adhering to the Guidelines. NCPs promote the Guidelines and implement them.

The primary objective of the OECD procedure is to promote the resolution of conflicts between the parties. The NCP´s task is to act as a mediator in this process. Where necessary, in addition to the mediation duty, the NCP will make a statement on whether the company in question followed the OECD Guidelines. The statement of the NCP is not a legal remedy in the sense of obliging a company to change its operations or in the sense of resulting in potential compensation or other types of reimbursement for activities in violation of the guidelines.

The NCP in Finland is the Ministry of Employment and the Economy together with the Committee on Corporate Social Responsibility. The Committee states, by request of the Ministry, whether it sees that a company has followed the Guidelines. Finnish NCP’s procedures are described in more detail in the background memo and online15.

As a follow-up measure, the working group proposes that

alternatives for the development of the NCP be mapped out. In the meantime, the procedures of the NCP shall be clarified and communications shall be made on them.
Principal responsible party: Ministry of Employment and the Economy, schedule before the end of 2015.”

I- The State’s Obligation to Protect Human Rights

The International Framework

3. The Organization for Economic Co-Operation and Development (OECD) [page 14]

The French National Contact Point (NCP) for the OECD Guidelines is a mediation body that aims to resolve conflicts while promoting and applying [the OECD guidelines for Multinational Enterprises]. Although the measures it applies are not binding (particularly in the legal sense), it is one of the most active of the 46 existing NCPs. Its actions to promote the OECD Guidelines include: publishing a report on the actions to be taken following the Rana Plaza tragedy,
organizing a ministerial session chaired by France and the Netherlands which took place on the sidelines of the OECD Forum on Responsible Business Conduct in June 2014, contributing to work completed by the G7 on global supply chains in 2015, and promoting the Guidelines and the work of the NCP.

The NGO coalition OECD Watch published a report analysing NCP complaints filed by NGOs over a 15-year period (which represented around 50% of all cases). It highlighted the need to reinforce the mechanisms and resources available to NCPs to improve efficiency and provide real access to remedy for victims …

… [France] is also very active in the working group developing a guide for the textile industry, following the recommendations of its NCP in this field.

The National Framework

15. Economic Sectors and Human Rights

Actions for All Economic Sectors [page 32]

Capitalize on the observations in the French NCP’s report on the textile and garment sector and begin promoting and adapting these recommendations so they can be enforced in all sectors.

The Textile and Garment Sector [page 33]

Following the collapse of the Rana Plaza textile factory in Bangladesh in April 2013, France’s Minister for Foreign Trade at that time asked the OECD National Contact Point (NCP) to clarify the scope of the OECD Guidelines with respect to outsourcing companies’ supply chains, and to issue recommendations reinforcing the application of these guidelines so such negligence could be prevented in the future.

The NCP report, produced following hearings with all parties involved, was submitted to the Minister and published online on 2 December 2013. It addresses all actors, and establishes a full range of measures which, once implemented, will enable businesses to oversee supply chains in this sector. The recommendations were shared widely, particularly with the OECD, ILO and EU, and were followed by similar reports published by the Italian and Belgian NCPs.

Following the publication of these recommendations, the OECD set up a working group to develop a guide for the enforcement of the guidelines in the textile sector, at France’s insistence. This working group brings together international organizations such as ILO, the private sector, civil society, NCPs and States. The guide will include reinforced due diligence measures to be implemented in this specific sector. The OECD has also planned to set up a platform for shared dialogue and good practices …

… the NCP is continuing to implement and build on its recommendations, particularly in order to harmonize auditing baselines and mutualize supplier audits.

Actions Underway

France is continuing to raise awareness of the NCP report issued on 2 December 2013, and monitor the implementation of its recommendations in the French textile, garment and distribution sectors.

The Financial Sector [page 35]

… In a statement dated 27 May 2013, the OECD’s Norwegian NCP specified that like other enterprises, investors are expected to comply with due diligence requirements recommended by the OECD Guidelines for Multinational Enterprises regarding the respect and protection of human rights including in relation to minority shareholdings …

II- Businesses’ Responsibility to Respect Human Rights

Introduction

In March 2015, the National CSR Platform agreed on the following points with respect to due diligence [page 38]

…

Defining the operational content of reasonable due diligence processes for companies in due diligence plans. … The French NCP’s work on the textile and garment sector could be a useful reference. …

…

III- Access to Remedy

2. Non-Judicial Mechanisms – At the International Level

2.1 The OECD National Contact Point (NCP) [pages 54-55]

The French NCP is very active in promoting responsible business conduct and the OECD Guidelines for Multinational Enterprises. Following the Rana Plaza tragedy, the NCP stepped up its activities, especially in the field of due diligence for supply chain risks, human rights and workers’ rights. The collapse of Rana Plaza In April 2013 highlighted the importance of the latest revision of the OECD Guidelines, which led to the integration of the UN Guiding Principles adopted in June 2011. This revision also sought to make NCPs more efficient by reviewing their Procedural Guidance.

NCPs are set up to promote and monitor compliance with the OECD Guidelines for Multinational Enterprises. They are non-judicial dispute resolution bodies that support remedial measures by offering their good offices and, where possible, giving parties access to mediation. Successful remedial measures rely on an environment of trust being established between the parties and constructive dialogue being initiated between the parties and the NCP, to improve compliance with OECD recommendations.

France’s NCP is tripartite, involving government, trade union and business representatives. This structure was praised by OECD Watch in its report “Remedy Remains Rare” (June 2015). Since the French NCP was created, the State’s involvement has enabled it to adopt a balanced multi-sectorial and inter-ministerial model that is relatively unique among its peers. Its members include representatives of the Ministry of the Economy and Finance, the Ministry of the Environment, the Ministry of Social Affairs, Labour and Employment, and the Ministry of Foreign Affairs and International Development. Another unique feature of the French NCP is its broad representation of labour groups, with six national trade unions featuring among its members. The employers’ organization MEDEF represents French businesses. The French NCP’s decisions are all consensual.

Following the Procedural Guidance review, the French NCP revised its internal rules in 2012 and 2014 to improve its efficiency in dealing with requests (timeline for dealing with files, options for following up on recommendations, and enhanced communication by way of statements on the admissibility of requests, follow-up statements and statements issued during the processing of files). The French NCP has also made it easier to call on external technical experts at any time, as seen during the Rana Plaza hearings and meetings with the CNCDH.

The revision of the French NCP’s internal rules has also improved the transparency of its work and helped structure dialogue with civil society. The NCP now holds an annual information meeting and an annual consultation meeting with organizations representing civil society. During these meetings, it presents its activity report and decisions, discusses current issues regarding responsible business conduct, and highlights the OECD’s role supporting responsible business conduct (through the Global Forum, consultative groups, sector-specific guides, roundtables, etc.). The NCP’s website is regularly updated, and features links to statements on requests, decisions and activities (activity reports, request dashboards, lists of promotional activities), as well as information on the OECD Guidelines for Multinational Enterprises and Global Forum on Responsible Business Conduct launched by the OECD in 2013.

In addition, the French NCP has recently been granted additional resources, with the promotion of the Chairman to the position of Advisor to the Director-General of the Treasury in 2012, and the appointment of a full-time Secretary-General in 2013 (who is an agent of the Directorate-General of the Treasury). The NCP’s main tool is the publication of decisions, which was reinforced following the 2011 revision. The NCP’s decisions are all made public and include case details and explanations, subject to confidentiality requirements. The NCP is committed to providing detailed answers to questions asked by complainants, including those concerning compliance with the OECD Guidelines, which is optional under the Procedural Guidance. If applicable, the NCP rules on non-compliance or partial compliance with the Guidelines, which not all NCPs do. In addition to offering good offices, the French NCP can rule on the feasibility of mediation, which it can perform directly if the parties agree to be bound by its ruling. If necessary, the NCP issues recommendations to parties. It can decide to follow up on decisions, including in the long term (see the specific instances on the Groupe Michelin in India and Socapalm – Groupe Bolloré in Cameroon, as well as the Rana Plaza report). Lastly, it can use all modern means of communication to contact complainants based abroad.

In 2013, the OECD launched an ambitious programme in which the French NCP is very involved. It is participating in innovative actions such as the horizontal review process (for example, dealing with NCP requests and communications), the sharing of experiences and regional capacity-building seminars for NCPs. The French NCP is also taking part in the peer review process, and is currently chairing a peer review of the Italian NCP. These actions are part of the OECD’s Action Plan to Strengthen National Contact Points and the G7 Action Plan of 13 October 2015, which seek to establish good practices for the entire NCP network,
ensuring that they are functionally equivalent.

However, the decisions issued by NCPs are non-binding legal instruments. As such, NCPs cannot force a business to comply with the OECD Guidelines, even when they rule that these guidelines have been breached.

Actions Underway

NCPs could play a key role in supporting access to remedial measures and promoting responsible business conduct and the OECD Guidelines around the world. France is therefore advocating that the OECD increase its support to NCPs so they can improve coordination, become functionally equivalent, develop procedures for sharing information and make the NCP network more dynamic.
In order for the French NCP to continue being one of the most efficient NCPs in terms of fulfilling its goals and responding to new requests, France recommends allocating sufficient operating resources to allow it to perform its duties.
The French NCP will continue to support other NCPs and take part in peer reviews, including a peer review of its own operations.

Actions to be Implemented

Reinforce the NCP’s tools supporting dialogue with civil society by optimizing provisions in its internal rules (annual information meetings, annual meetings to discuss issues with civil society, calling on experts as required).

1.3 State support

Export credits, investment guarantees and other instruments for the promotion of external trade

Measures [page 25]

“The National Contact Points for the OECD Guidelines (see subsection 4.2 below) will be upgraded to become the central grievance mechanism for external trade promotion projects.”

4.2 National Contact Point for the OECD Guidelines [page 39-40]

“The National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises has been operating ever since 2001 as an extrajudicial grievance mechanism. It is based at the Federal Ministry for Economic Affairs and Energy and has a remit to disseminate information about the OECD Guidelines, to raise awareness and to promote compliance with them. The NCP also helps to resolve problems arising in connection with the implementation of the Guidelines. To this end it examines incoming complaints and, if a complaint falls within its responsibility, offers to mediate between the parties. Among other things, the NCP is responsible for complaints of insufficient respect for human rights and of insufficient consideration for human rights in the exercise of companies’ due diligence as defined in the OECD Guidelines. In their revised version of 2011, containing specific recommendations relating to the respect for human rights by companies, the OECD Guidelines are based explicitly on the UN Guiding Principles on Business and Human Rights. This means that the grievance mechanism for which the OECD Guidelines provide serves the implementation of the UN Guiding Principles on Business and Human Rights.

The NCP takes its decisions in consultation with the Interministerial Steering Group on the OECD Guidelines and with the “OECD Guidelines” Working Group. The Interministerial Steering Group comprises representatives of the Federal Foreign Office, the Federal Ministry of Labour and Social Affairs, the Federal Ministry of Food and Agriculture, the Federal Ministry of Finance, the Federal Ministry of Justice and Consumer Protection, the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety and the Federal Ministry for Economic Cooperation and Development. The decisions of the NCP are taken in coordination with this Interministerial Steering Group. Besides the aforementioned government ministries, the members of the Working Group also include representatives of the German Global Compact Network, business associations, trade unions and non-governmental organisations. The Working Group provides a forum for discussion about current issues relating to the Guidelines. Its members are also kept informed of the receipt and outcome of complaints. Explanatory notes on the grievance procedure, (including information on complaints received and their processing), are accessible online on the website of the Federal Ministry for Economic Affairs and Energy and were revised jointly with the Working Group in 2014.

In the context of the German G7 presidency, the Federal Government in 2015 advocated for the strengthening of mechanisms providing access to remedies in the event of human rights violations. To this end, the G7 encouraged the OECD to promote peer reviews of National Contact Points. The German NCP will undergo a peer review in the second quarter of 2017.

Measures

“In future, the German NCP will raise awareness of the OECD Guidelines, promote compliance with them and raise the profile of the NCP and of its special role as an effective extrajudicial grievance mechanism in implementing the UN Guiding Principles on Business and Human Rights. It is being reorganised and further strengthened. To this end a new organisational entity will be created within the Federal Ministry for Economic Affairs and Energy. In addition, the number of staff in the NCP will be increased.”

Annex 1 – List of additional and ongoing actions to be carried out across Government

Domestic Framework [page 20]

“3. Facilitate mediation where appropriate in the OECD National Contact Point grievance procedures for cases arising under the OECD Multinational Guidelines following the publication of national procedures to give effect to the Guidelines.”

IV. Italian ongoing activities and future commitments

a) Foundational principles

“Italy reaffirms the commitment made by signing the OECD Declaration for International Investors and the OECD Guidelines for Multinational Companies in promoting the standards of conduct expected in many areas, including human rights.” (p. 15)

Responsible Conduct and Due Diligence in the framework of the United Nations, OECD and European Union

“In the Organization for Economic Co-operation and Development (OECD), the Guidelines for Multinational Companies introduced Due Diligence, requiring business companies, apart from their territorial performance, to voluntarily integrate into their decisionmaking and risk management systems a process that allows them to identify, prevent and mitigate their impact – primarily on human rights – and to account for their approach. The establishment of the network of National Contact Points for Responsible Business Conduct has provided for monitoring the conduct of business activities to ensuring the effective implementation of the Guidelines, including Due Diligence throughout the supply chain.

(…)

Italy has followed the above-mentioned process and will continue to provide its contribution to the international debate, taking into proper consideration not only potential risks depending upon lack of Due Diligence but also the factual impact of business conduct stemming from a scarce Due Diligence.” (p. 44)

Internationalization of Companies

“Within the Italian framework, several non-judicial mechanisms coexist, placed within the institutional framework or functionally connected to it, with a divergent mandate and impact from the decision-making point of view. These are placed side by side to the judicial system and are characterized by structural and operational features that are easier and more accessible as well as less expensive and faster, while granting independence and effectiveness.

This category includes the National Contact Point (NCP) in charge of promoting the widest implementation of the OECD Guidelines for Multinational Enterprises by Italian companies of all sizes and sectors. The Italian NCP was established in 2002 under Art. 39 of Law No. 273/2002, and is located at the Ministry of Economic Development – Division VI of the Directorate General for Industrial Policy, Innovation and Small and Medium Enterprises.

(…)

According to the OECD database, the chapters of the Guidelines most affected by Instances to the Italian NCP are: “General principles” and “Human rights” on an equal footing, “Disclosure of information”; and “Employment and industrial relations”

(…)

As to the use of the Government’s economic leverage to ensure that companies follow the recommendations by the NCP, this goes beyond the OECD Guidelines which only encourage NCPs to “inform governmental agencies of their statements and reports when they are known by the NCP to be relevant to a specific agency’s policies and programmes”. Nevertheless, the NCP signed a MoU with SACE to exchange information informally so that they could coordinate their tasks and policies. The Italian NCP also recently created a new sub-group for specific work on COVID-19 and Responsible Business Conduct” (p. 56)

ANNEX 1 – Accountability Grid and Assessment Tools for the Implementation of the NAP

“25. With regard to the OECD Guidelines and National Contact Point, Italy undertakes to: i) consolidate the promotion of compliance with the UNGPs by companies operating abroad, through an information tool for the diplomatic/consular network, in collaboration with the Ministry of Foreign Affairs and International Cooperation; ii) implement the OECD Guidelines through their promotion among companies with particular regard to human rights dimension, and consolidate the constant dialogue with companies, trade unions, NGOs and representatives of civil society.” (p. 65)

“28. Develop guidelines for companies (with particular regard to SMEs) and guidance tools related to different productive sectors, in line with the activity aimed at disseminating guidance tools developed by the OECD, the European Union and other international organizations (IOM).” (p. 66)

“32. Participate in relevant OECD, European Union and other international initiatives on sustainable supply chains, human rights and Due Diligence.” (p. 66)

“33. Promote the OECD document “COVID-19 and Responsible Business Conduct”, in line with Italy’s adherence to the Joint Statement in support of the full development of NCP skills, the Business at OECD (BIAC), OECD Watch and TUAC and the call launched in May 2020 for the implementation of the OECD Guidelines for Multinational Companies.” (p. 66)

“38. Further promote awareness of the OECD Guides on Due Diligence for Companies Operating in Weak Governance Zones (the “Risk Awareness Tool for Multinational Companies in Weak Governance Zones” and the “Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas”)” (p. 67)

“56. Renewed and broader information, especially for stakeholders as victims, of the mechanism of ‘Specific Instances’ to the NCP, in relation to alleged human rights violations by companies.” (p. 69)

Introduction

This Action Plan commits the Republic of Slovenia to achieving the objectives of the UN Guiding Principles and of other important international mechanisms concerning business and human rights protection and promotion, e.g. the OECD Guidelines for Multinational Enterprises… (pg. 4)

The state’s expectations of business enterprises

Furthermore, enterprises are encouraged to act in compliance with the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, and to report according to ISO 26000 and GRI standards. (pg. 7)

Principle 1 – State’s duty to protect HR

In accordance with the OECD Declaration on International Investment and Multinational Enterprises and the OECD Guidelines for Multinational Enterprises, Slovenia is committed to the principles and standards of responsible business. (pg. 9)

Principle 2 – States sets expectation for respecting human rights

In Slovenia, economic operators are expected to proactively ensure human rights protection throughout their business operations in accordance with the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises, and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy. (pg. 11)

Principle 3d – OECD Guidelines

To promote responsible business conduct, the Slovenian National Contact Point for the OECD Guidelines for Multinational Enterprises…has been entrusted with tasks: active promotion of the OECD Guidelines for Multinational Enterprises; informing enterprises and the general public of the content of the OECD Guidelines for Multinational Enterprises; conducting mediation and conciliatory proceedings on the basis of filed complaints on violations of the Guidelines; monitoring the work of domestic and foreign multinational enterprises in Slovenia; cooperation with key institutions on promoting the principles of social responsibility of enterprises; annual reporting to the OECD Investment Committee, and regular consultations within the OECD. (pg. 22)

The Ministry of Economic Development and Technology provides technical support to the Slovenian National Contact Point for the OECD Guidelines for Multinational Enterprises. (pg. 22)

Principle 3d – Planned Measures – OECD Guidelines

The Ministry of Economic Development and Technology will be implementing activities to inform companies and the public of the OECD Guidelines for Multinational Enterprises, which were translated into the Slovene language in 2016. (pg. 23)

Principle 4 – Businesses receiving State support

As an OECD member country, Slovenia is bound by OECD recommendations requiring that decisions on officially supported export credits are based on the common principles for addressing environmental and social requirements for the export of capital, goods and services to certain locations. These recommendations are aimed at promoting policy coherence of OECD member countries for officially supported export credits relating to the environment, climate change, social and human rights, obligations to respect relevant international agreements and conventions and to contribute to sustainable development. (pg. 24)

The SID Bank is guided by the concept of responsible lending and implements the OECD policy on sustainable lending for export credit guarantees. (pg. 25)

Principle 9 – Adequate Domestic Policy

The latest trade agreements contain sustainable development provisions, which require that the signatories respect workers’ rights by acceding to ILO conventions, to protect the environment and to observe the provisions contained in the OECD Guidelines for multinational enterprises. (pg. 30)

Principle 27 – OECD National Contact Point

Out-of-court dispute settlements are also possible through the OECD National Contact Point, which was established at the Ministry of Economic Development and Technology. The National Contact Point can, through mediation and the conciliation procedure, help businesses and stakeholders to resolve issues concerning violations of the OECD Guidelines for Multinational Enterprises. (pg. 40)

Principle 27 – Planned Measures – OECD National Contact Point

To raise awareness of the OECD Guidelines and National Contact Point, the Ministry of Economic Development and Technology of the Republic of Slovenia will carry out activities for multinational enterprises that promote the OECD Guidelines. The Republic of Slovenia will strive to improve the functioning of the Slovenian National Contact Point in accordance with the OECD Guidelines. (pg. 41)

C. Current Status

1. Domestic Status [page 3]

According to ‘Operation Rules for National Contact Point (NCP) for Implementing OECD Guidelines for Multinational Enterprises’ enacted in 2001, NCP was established within the Ministry of Trade, Industry and Energy. But considering the fact that it is insufficient to prevent human rights violations of corporations, NCP amends operational rules and strengthens the diversity and professionalism of its members.

…

2. Implementation of the Second NAP [page 4]

Improvement of OECD Guidelines for Multinational Enterprises National Contact Point (NCP)
– Held meetings and seminars for overseas Korean companies to promote the implementation of OECD Guidelines.
– Operated NCP website (www.ncp.or.kr) and opened English website.
– Diversified the composition of the members as requested in the OECD Guidelines and professionalized the operational procedures.

…

D. Tasks for the Third NAP

Enhance the Effectiveness of Grievance Settlement-Relief Process

3. Enhance the effectiveness of government-based remedy [page 6]

Benchmark advanced countries who have operated NCPs for a long time through the OECD peer review process.
Improve the operation of NCP.
– Diversify the composition of organization to make possible for neutral and professional personnel to participate
– Share best practices of foreign objection to enhance the effectiveness of guidelines
– Expand the participation of the persons concerned including NGOs, employer’s federation, etc.
Strengthen consistent promotion on the NCP system including its functions.

…

Guiding Principle 2

Measure 2

“The Government will develop awareness and training actions based on the United Nations Guiding Principles on Business and Human Rights, the National Plan for Business and Human Rights, and the expectations of the State in matters of business and human rights. These actions can be organized, among others, with the National Contact Point of the OECD Guidelines for multinational companies, business associations, networks of the United Nations Global Compact, and civil society organizations. This action will be directed as a priority to those companies in which the State has participation, or to which it provides financial, diplomatic, or other support; to companies that may affect vulnerable groups; as well as to those companies that have received the endorsement of Brand Spain. The awareness actions will be directed to the personnel of the companies at different decision-making levels, including the boards of directors and governing bodies.”

Guiding Principle 3

Measure 11

“The National Contact Point of the “OECD Guidelines” will act as a focal point to provide information and advice on business and human rights issues.”

Guiding Principle 27

Among the existing extrajudicial grievance mechanisms, it is worth mentioning the Spanish National Contact Point of the OECD Guidelines for multinational companies.

3 Access to remedy [page 17]

Legal remedies provided by the State

“the OECD Guidelines for Multinational Enterprises provide access to remedy through the National Contact Points (NCP). All countries adhering to the OECD Guidelines are obliged to set up their own NCP to support and promote the Guidelines. Sweden’s NCP is a tripartite collaboration between the State, the business sector and employee organisations. The State is represented by several ministries at the Government Offices and the Ministry for Foreign Affairs is the convener. The business sector is represented by the Confederation of Swedish Enterprise and the Swedish Trade Federation, and employee organisations by the Swedish Trade Union Confederation, the Swedish Confederation of Professional Associations, the Confederation of Professional Employees, Unionen and IF Metall. As the Guidelines are voluntary, the NCP has no competence to issue any sanctions. The NCP’s main task is to promote corporate compliance with the Guidelines and to help resolve problems in individual cases through dialogue and discussion.”

Annex: Measures taken [page 21]

The State as actor

“Sweden spreads information and knowledge about CSR via the National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises and via public diplomacy. The NCP has handled four notifications since 2012. The NCP’s main roles are to handle notifications and promote and provide information about the OECD Guidelines for Multinational Enterprises.”

Annex: Measures planned [page 28]

How can the State support the business sector?

“The Ministry for Foreign Affairs is to examine the possibility of strengthening the Swedish National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises. The NCP’s main role is to handle notifications but it is also meant to promote and improve awareness of the OECD Guidelines for Multinational Enterprises. The NCP is also intended to increase contacts and collaboration with NCPs in non-OECD countries.”

2.3 Pillar 3: access to remedy

2.3.3 Operational principles: state non-judicial grievance mechanisms

Guiding Principle 27

Measure 33: Visibility of non-judicial grievance mechanisms

Switzerland already has several state and non-state non-judicial grievance mechanisms in place, such as the National Contact Point for the OECD Guidelines for Multinational Enterprises and ombudsman services. However, the role they play and the work they carry out are not well known. The Federal Council wishes to increase the visibility of non-judicial individual and collective redress mechanisms.

Measure 34: National Contact Point for the OECD Guidelines for Multinational Enterprises

The OECD Guidelines for Multinational Enterprises include a chapter on human rights. The 48 signatories to the OECD guidelines are required to set up a non-judicial grievance mechanism in the form of a National Contact Point (NCP) to receive and handle complaints regarding the application of the OECD Guidelines. They also serve as an important non-judicial grievance mechanism for business-related human rights abuses.

Measure 5 of the 2020–23 CSR Action Plan deals with the NCP in detail. As well as providing a mediation platform, the NCP should clearly position itself as a point of contact for the prevention of problems in connection with responsible business conduct (e.g. by having a social media presence and participating in stakeholder events).

Objective	Indicator	Responsibility
Strengthen the position of the NCP as a point of contact for the prevention of problems in connection with responsible business conduct.	Evaluation of NCP activities (source: NCP annual report to the OECD and annual report of the NCP Advisory Board).	EAER [Federal Department of Economic Affairs, Education and Research].

Objectively verifiable indicators	× NAP 1
Verification sources	× NAP 1 Implementation Report × Follow-up in the Working Group on Business and Human Rights [GT « Entreprises et droits de l’Homme »]
Expected results	× Consider the contribution of an advisory or supporting body at the OECD NCP level × Regular exchanges between the NCP and members of the Business and Human Rights Working Group [GT « Entreprises et droits de l’Homme »]
Implementation timeline	Duration of NAP 2
Means of implementation	× NCP, MECO (ministry of Economy), MAEE (Ministry of Foreign and European Affairs), MINFIN (Ministry of Finance), and even other departments if necessary

Objectively verifiable indicators	× Benchmark: NAP 1, National Baseline Assessment (NBA) [Etude de base]
Verification sources	– Laws and regulations – Recommended practices – Exchanges with the NCP – Identification of good practices and possible gaps
Expected results	× Increasing the number and adapting to the needs of the remedies × Information on the remedies available × Discussion on the usefulness of class actions for the implementation of the Guidelines, especially in view of the provisions of the Coalition Agreement in this context
Implementation timeline	Duration of NAP 2
Means of implementation	– MAEE (Ministry of Foreign and European Affairs) – Ministry of Justice – Public and private mediation bodies – Business and Human Rights Working Group

ACTION POINTS PILLAR 2	Aim	Responsible party	Timeline
RBC Support Office
Define the frameworks for sector-wide cooperation as part of the RBC policy mix.	Support sector-wide cooperation in order to apply due diligence.	BZ	March-August 2022
Set up the RBC support office.	Support businesses in their application of due diligence	RVO	From September 2022