The OECD Guidelines for Multinational Enterprises on Responsible Business Conduct (OECD Guidelines) 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 2023), the OECD Guidelines mandate that adhering governments set up National Contact Points for Responsible Business Conduct (NCPs) to promote awareness and uptake of the Guidelines, including by responding to enquiries and contribute to the resolution of issues that arise in relation to the implementation of the Guidelines in specific instances. In addition, NCPs may also provide support to policy efforts on responsible business conduct by their government.
As of 2024, all 51 governments adhering to the OECD Guidelines have established an NCP.
First adopted in 1976, the OECD Guidelines provide guidance for responsible business conduct in areas such as: human rights, labour rights, environment, information disclosure, combating bribery and other forms of corruption, consumer interests, competition, taxation, and science, technology and innovation. The 2011 revision of the Guidelines added a chapter on Human Rights and included a comprehensive approach to risk-based due diligence aligned with the language of the UN Guiding Principles on Business and Human Rights (UNGPs). The 2023 revision included, inter alia, recommendations for enterprises to align with internationally agreed goals on climate change and biodiversity, the inclusion of due diligence expectations on the development, financing, sale, licensing, trade and use of technology, including gathering and using data, and recommendations on how enterprises are expected to conduct due diligence on impacts and business relationships related to the downstream use of their products and services. It also includes reference to a ‘just transition’ and better protection for at-risk persons and groups, including those who raise concerns regarding the conduct of businesses. The UNGPs refer to the NCPs in the Commentary to Guiding Principle 25, where they are listed among State-based grievance mechanisms.
In addition to their promotional and policy role, NCPs serve as non-judicial grievance mechanisms by contributing to the resolution of issues relating to the implantation of the OECD Guidelines by enterprises in “specific instances”. Specific instances are complaints that can be submitted to an NCP by any individual or organisation with a legitimate interest in reporting that a business, operating in or from the territory of the country of the NCP, has allegedly not observed the Guidelines. The first stage entails coordination between NCPs where specific instances may concern the NCPs of several Adherents. After an initial assessment to determine if the issues raised warrant 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 mediation or conciliation, to assist the parties in resolving the issues”. It will issue a final statement with recommendations on the implementation of the Guidelines. The NCP may also, at its discretion, set out its views as to whether the enterprise observed the Guidelines. The Guidelines state that “where appropriate, the NCP may inform relevant government agencies of the good faith engagement, or absence thereof, of the parties” in the NCP complaint process. The Guideline further provide that “NCPs will carry out follow up on agreements they facilitate or recommendations they make where relevant.”
While States have flexibility in how they organise their NCP, the OECD Guidelines state that such arrangements must allow NCPs to “function with an equivalent degree of effectiveness, defined as ‘functional equivalence’”, requiring the NCP to meet seven core effectiveness criteria in its activities, namely that the NCP is visible, accessible, transparent, accountable, impartial and equitable, predictable, and operates in a way that is compatible with the Guidelines. Additionally, UNGP 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.
NCPs engage in peer learning activities and have since 2009 engaged in voluntary peer reviews. A peer review will look at whether the NCP is functioning according to the core effectiveness criteria for NCP activities. The peer-review procedure is governed by the 2019 Revised Core Template for Voluntary Peer Reviews of NCPs and results in a public report containing recommendations on which the government is invited to report back after 12 months. A public list of conducted and upcoming peer reviews is available on the OECD website. The 2023 update of the Guidelines contain a binding obligation for all Adherent countries to undertake periodic peer reviews of their NCP. This obligation is subject to agreement among adherents on the modalities for such reviews. Negotiation of the modalities is currently in progress.
OECD Watch is a global civil society network with more than 140 members in over 50 countries. OECD Watch undertakes a range of activities centred on empowering communities, rights defenders, workers, and civil society to use the OECD, the Guidelines and the NCP grievance mechanisms. OECD Watch NCP evaluations assess NCPs against 38 key performance indicators evaluating their complaints handling procedures, organisation, and communication, based on the OECD Guidelines. The project seeks to encourage improvements at individual NCPs and within the NCP system as a whole. An evaluation of individual NCPs occurred in 2021, with another scheduled for 2024. OECD Watch also maintain a complaints database.
The 2023 OECD annual report on NCP activity addressed the effectiveness of NCPs in fulfilling their mandate. The report notes that 2023 was the first year that all NCPs reported their activities. However, despite a 10% increase in activity compared to the previous year, 31% of NCPs had not received a single case in over five years. Of the cases handled, submissions led by NGOs or trade unions had an 82% acceptance rate. In contrast, submissions by individuals had only a 50% acceptance rate. Among the cases that reached mediation, 73% resulted in an agreement. The report indicates that the leading cause of failure to reach agreement was a lack of good faith from the parties involved, and attributes 64% of failed cases to a refusal to engage in NCP-led mediation.
The OECD annual report on NCP activity highlights an increase in the involvement of NCPs in regulatory and policy activities on RBC. Notably, 77% of OECD countries that have adopted policies or legislation referencing the Guidelines, have acknowledged the involvement of NCPs in the development of such policies and regulations. Additionally, 15% of these policies and regulations specifically mention NCPs, or assign NCPs an active role in their implementation. Furthermore, in 2023, 85% of NAPs adopted or developed involved NCP participation, either in implementation or development. With 2023 being the first year of NCPs operated under the updated 2023 OECD Guidelines for Multinational Enterprises on Responsible Business Conduct and the 2022 OECD Recommendation on the Role of Government in Promoting Responsible Business Conduct, the report indicates that NCPs are expected to play a more significant role in supporting future governmental efforts to promote RBC. The report highlights that high levels of promotion one year are routinely followed by higher levels of case submissions the following year, and vice versa.
NCPs have an important role not only in clarifying RBC expectations for companies directly involved in NCP complaints, but also the steps of effective human rights and environmental due diligence for all companies operating internationally. If NCP guidance in complaints reflects correct interpretation of the Guidelines, it can provide a useful reference point for the many governments moving to incorporate the Guidelines into mandatory due diligence and RBC legislation.
However, OECD Watch has highlighted their concerns that these positive developments are limited to a minority of NCPs – with the majority of NCPs increasingly lagging behind their more effective counterparts. NCPs not meeting the expectations in the Procedures for NCPs in the Guidelines (formerly the Procedural Guidance) risk undermining the effectiveness of the entire NCP complaint system.” NCPs lacking sufficient financial resources are unable to maintain functional equivalence per the Guidelines.
In November 2021, OECD adherent countries approved the third Action Plan to Strengthen National Contact Points for Responsible Business Conduct 2022-2024. The Action Plan sets out concrete ways to assist countries in setting up strong and well-functioning NCPs. The Action Plan contains four overarching objectives, which are each tied to specific actions, timelines, and progress indicators:
Peer review the entire NCP Network
Visibility, stakeholder engagement and confidence
Effective and efficient handling of specific instances
Providing access to expertise in the NCP Network
the creation and strengthening of Regional Networks of NCPs
The OECD Guidelines recognise the risks of reprisals against human rights defenders who file complaints, stating that “[t]hroughout the process, NCPs should take all appropriate steps within their capacities to address risks of reprisals against parties to a specific instance. If they become aware of an actual or potential instance of reprisal, NCPs should, to the extent possible, support the party concerned in avoiding and mitigating any harm and contact relevant authorities, in consultation with the person(s) at risk where possible. Governments should also take relevant steps to protect the NCP and its members from reprisals.”
Examples of interesting attributes/ structures of 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 Australian NCP “has a hybrid structure composed of a Secretariat located in Treasury responsible for the daily operation of the NCP, for the promotional aspect of the NCP mandate, and for representing the NCP internationally. It also has an Independent Examiner, responsible for all aspects of specific instance handling along with promotional duties. The Secretariat and the Independent Examiner are supported by a multistakeholder Governance and Advisory Board, responsible for raising awareness of the [NCP] and Guidelines within their respective networks, advising on specific instances including draft statements, and conducting procedural reviews for specific instances when required.”
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.
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.
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
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
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.
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
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.
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.
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).”
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.”
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).
The German NAP includes a specific section on the National Contact Point.
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)
(5) Remedial procedures (judicial and non-judicial remedies) have been established to address human rights violations in business activities. The Government intends to continue to assure access to judicial remedies and make improvements where necessary. It also utilizes multiple efforts regarding non-judicial remedies, including consulting services based on specific laws and regulations (e.g., workers, persons with disabilities, and consumers) as well as remedial procedures. These include … the Japanese National Contact Point (NCP) under the OECD Guidelines for Multinational Enterprises (the Japanese NCP). The Government intends to secure access to these nonjudicial remedies and make improvements where necessary.
2. Areas of the NAP
(4) Measures regarding Access to Remedy
Judicial and Non-Judicial Remedy
(Future measures planned)
(…)
(c）Publicize activities and improve operation of the Japanese NCP under the OECD Guidelines for Multinational Enterprises
Enhance and facilitate cooperation among the three ministries in charge in accordance with the OECD Guidelines for Multinational Enterprises and perform appropriate functions as the Japanese NCP. In particular, make procedures more transparent, while securing fairness and impartiality, and continue public relations activities. In so doing, pay attention to the perspectives of gender and respect for human rights in supply chains. Cooperate with the Japanese NCP Committee comprising the Government, labour, and management, and seek advice from experts where necessary. [Ministry of Foreign Affairs, Ministry of Health, Labour and Welfare, Ministry of Economy, Trade and Industry]
Part II: Specific objectives of the National Action Plan 2020-2022
1. The state duty to protect human rights
(…)
1.13. Strengthening links between the Business and Human Rights WG and the National Contact Point (NCP) for the implementation of the OECD Guidelines for Multinational Enterprises
Context
The commentary on the Guidelines’ implementation procedures for multinational enterprises indicates that NCPs may, inter alia, set up advisory, monitoring or support bodies etc. to assist them in their tasks (para. 11).
The advisory body can accompany and even advise the NCP on how to solve problems and take decisions. Such advisory bodies already exist in some countries that have established an NCP.
In the light of the baseline study, the NCP could consider the establishment of an advisory body and the modalities of its involvement.
In addition, Luxembourg has requested to be subject to the Peer Review of National Contact Points, coordinated by the OECD, by 2022.
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
(…)
3. The need to define remedies for victims of human rights abuses
3.1. Mapping of judicial and non-judicial, public and private remedies for human rights violations
Context
This includes, among other things and beyond judicial remedies, taking stock of non-judicial public and corporate remedies, strengthening OECD-NCP relations with civil society and providing appropriate training on available remedies to corporate human rights focal points.
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
The 2020-22 NAP states the second edition of the National Action Plan complements the first NAP. Additional information about the first NAP can be found here.
“The new RBC support office will form a one-stop shop for RBC policy by supporting all businesses, including those that do not (as yet) fall under the scope of current legislation, in their application of due diligence. In addition to its informative role, other instruments such as grants can also be entrusted to the support office. The support office can provide resources to businesses and promote knowledge exchange between businesses and the embassy network. Services offered by the RBC support office may include:
• Supporting businesses in the implementation of the OECD Guidelines and the UNGPs, including providing information and guidance through the different steps of the due diligence process.
• Offering and providing risk-specific knowledge and expertise, for example about major RBC risks such as the right to form trade unions and bargain collectively, a living wage, combating child labour and gender-related risks, or about RBC risks in specific sectors or geographic regions.
The support office must prevent the fragmentation of services and help reduce the administrative burden for businesses. Although the support centre as a central point of contact is new, many of the services it brings together are not. Knowledge built up in recent years by organisations such as RVO, the SER, the National Contact Point for the OECD Guidelines (NCP), the Sustainable Trade Initiative (IDH) and MVO Nederland can be made available through the RBC support office. Specific training programmes and other targeted solutions can be developed on the basis of developments in the types of issues that businesses are concerned about. The support office’s approach will also include proactively sharing lessons learned and new developments so that individual businesses do not have to constantly reinvent the wheel. RVO will act as the support office’s implementing partner.” pp 59 and 60.
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
p. 60
Pillar III
Strengthening non-judicial state mechanisms
National Contact Point for OECD Guidelines (NCP)
“National Contact Point for OECD Guidelines (NCP) All countries adhering to the OECD Guidelines for Multinational Enterprises are required to set up a National Contact Point (NCP). This is already an important non-judicial state-based mechanism for remedy in the Netherlands. The Dutch NCP’s main tasks are to:
• improve businesses’ awareness and implementation of the OECD Guidelines;
• handle issues raised by individuals, civil society organisations and businesses in disputes related to the implementation of the OECD Guidelines;
• carry out cross-company studies at the government’s request.
The Ministry of Foreign Affairs’ Policy and Operations Evaluation Department (IOB) commissioned an evaluation of the NCP’s performance in 2019. The evaluation made recommendations and led to an increase in the NCP’s capacity. Compared to other NCPs internationally, the Dutch NCP is often seen as performing well. Yet consultations for this NAP indicated that stakeholders feel that participation and follow-up of recommendations could be better.
After approximately one year, the NCP is now publishing an evaluation of the implementation of recommendations made in their final statements. The consultations concluded that implementation of NCP recommendations is sometimes too limited once a process has been concluded. There is also a clear tendency by businesses not to accept the NCP’s offer of mediation after a complaint has been received. Both of these are problems for effective remedy. The government values a well-functioning NCP as one of the state-based mechanisms for access to remedy. It is therefore important to continue to reinforce the NCP and its recommendations.
One way of doing this is to give the NCP’s work more weight in trade instruments. A company’s attitude to a possible NCP notification is already taken into account when considering its participation in trade missions. A balanced expansion of this practice to other instruments will encourage cooperation of business in an NCP process.
A further concern raised during consultations is that NCP proceedings are sometimes halted or postponed if the claimants start another process for remedy elsewhere. The UNGPs specify that different mechanisms should be able to exist side by side. The Dutch NCP will continue its efforts to ensure that NCP proceedings go ahead irrespective of any parallel proceedings.” p. 70 and 72.
Heineken NCP procedure
“An instance was notified with the Dutch National Contact Point (NCP) in October 2015 concerning an alleged human rights violation caused by the unlawful dismissal between 1999 and 2003 of 168 employees from the Bukavu factory of Bralima, a Heineken subsidiary in the Democratic Republic of the Congo (DRC). According to the notification, Bralima took advantage of the political unrest in the DRC to expedite the dismissal of a large number of employees by seeking permission to do so from the rebel forces rather than the competent labour inspectorate. As the parent company, Heineken should have been aware of this and used its influence to prevent the violation of the employees’ labour rights. The former employees held Heineken responsible and demanded compensation for the damage incurred. The NCP in the Netherlands, which promotes compliance with the OECD Guidelines, facilitated a meeting between the parties at the Dutch embassy in Uganda. This resulted in the drafting of a ‘roadmap’. The parties used this roadmap to finalise an agreement on financial compensation by Heineken to the 168 former employees. Heineken also made changes to its policy on operating in conflict areas. The details of the agreement remain confidential. This agreement, signed in 2017, can be called unique, as mediation by NCPs in cases relating to the OECD Guidelines seldom results in financial compensation.” p. 71.
The Nigeria NAP provides a list of existing constitutional obligations, domestic legislation, internation obligations, and police and administrative steps. This breakdown only looks at the list of challenges and the implementation of the 3 pillars of the UNGPs.
Nigeria is not an adherent to the OECD and the Nigerian NAP on Business and Human Rights does not address OECD National Contact Points (NCPs).
Developing an International Framework for CSR [page 12]:
All OECD countries must establish National Contact Points to ensure implementation.
2. The State duty to protect human rights
2.2 The state as Adviser [page 20]:
A large number of public or officially supported institutions that work with business internationalisation provide guidance on CSR and human rights. Among them are the Foreign Service, Norad, the Ministry of Trade, Industry and Fisheries, and Innovation Norway. Norway’s OECD National Contact Point also provides information and guidance.
…
Norway’s OECD National Contact Point [page 20]:
As a member of the OECD, Norway is committed to promoting the OECD Guidelines for Multinational Enterprises. The Guidelines were updated and adopted at the OECD Ministerial Council Meeting in May 2011. All OECD countries must appoint a National Contact Point that in addition to promoting the Guidelines provides on request assistance in specific instances of alleged non-observance of the Guidelines. The Contact Point is not a supervisory or control body, but provides advice and facilitates access to conciliation and mediation procedures. National Contact Points are also mandated to cooperate with each other on promoting the Guidelines. Norway’s Contact Point is appointed by the Ministry of Foreign Affairs in consultation with the Ministry of Trade, Industry and Fisheries and the Ministry of Finance, from candidates proposed by the social partners (the Confederation of Norwegian Enterprise (NHO) and the Norwegian Confederation of Trade Unions (LO) and civil society (the Norwegian Forum for Environment and Development).
4. Access to remedy
4.1 State-based grievance mechanisms [page 41]:
The National Contact Point provides information on the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles. The National Contact Point provides information on the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles. The Contact Point also deals with individual cases independently of the government. In line with the Guidelines, the parties to cases that come before the Contact Point are expected to participate in good faith during the procedure.
…
Grievance Mechanisms at Company Level [page 41]:
The National Contact Point, in cooperation with enterprises that have made considerable progress in this area, can provide practical advice on the establishment of consultation and grievance mechanisms.
…
Criteria for Ensuring Effective Non-Judicial Grievance Mechanisms [page 43]:
The criteria are designed to ensure that those for whom the mechanism is intended are aware of it, have confidence in it and are in a position to use it. Companies that establish grievance mechanisms should familiarize themselves with the criteria and seek to satisfy them. The OECD National Contact Point Norway follows these criteria.
CHAPTER I : PROCESS OF ELABORATING THE FIRST NATIONAL ACTION PLAN ON BUSINESS AND HUMAN RIGHTS
In 2009, as part of its adherence to the OECD Guidelines for Multinational Enterprises, the government established a National Contact Point (NCP) for RBCs, located in Peru’s Private Investment Promotion Agency (Proinversión). Under the OECD Guidelines, the Peruvian NCP is tasked with promoting the Guidelines and related Due Diligence Guidance and handling cases related to potential non-compliance with the Guidelines by a multinational enterprise, through a non-judicial process of mediation and conciliation between the company and the affected parties referred to as “specific instances” (OECD, 2020b, p. 22). – page 12
Table 8: NAP strategic guidelines and objectives, and alignment with the axes of the Peru Vision 2050
Strategic guideline No. 1: Promotion and dissemination of a culture of respect for human rights in the business environment in accordance with the framework of international standards of the guiding principles and other international instruments.
Objective No. 1: Officials, managers, and public servants incorporate the guiding principles and other related international instruments in public management, specifically in the service they provide.
1.
Action: Create and implement a permanent training program on GP-RBC and other international standards, from the Justice and Human Rights sector, aimed at public officials, managers, and civil servants at all hierarchical levels and in all subnational and national state sectors.
Background: In order to ensure ongoing state training and awareness-raising for public officials, managers, and civil servants at all hierarchical levels and in all subnational and national state sectors, the MINJUSDH will create and implement a training program on GP-RBC and other international standards. This program will address, in coordination with the respective competent entities – especially the National Contact Point, at the national, subnational, and other branches of government and autonomous constitutional bodies – the particular needs of the different sectors of the Executive, taking into account, to the extent necessary, the context of the health emergency caused by Covid-19.
Indicator: Creation and implementation of the program, and annual progress report. – page 56
Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment.
Objective No. 1: Promote regulatory actions to prevent human rights violations in the corporate sphere
17.
Action: Promote capacity building on GP-RBC between the Ombudsman’s Office, the National Contact Point, and other national agencies.
Background: In order to strengthen the coherence of public policies in the area of GP-RBC, it is important to generate the articulation of different public entities. In this sense, the work of the National Contact Point would be strengthened through synergies with the Ombudsman’s Office and other additional agencies, which could also strengthen the fulfillment of its functions.
2. Ministry of Development Funds and Regional Policy
Activity of the OECD National Contact Point for Responsible Business Conduct
[page 11-12]
“The Polish OECD National Contact Point for Responsible Business Conduct (OECD NCP) was established in 1998, two years after Poland’s accession to the OECD. Since 2016, OECD NCP has been operating within the structure of government administration, currently in the Ministry of Development Funds and Regional Policy (MFiPR) in the structures of the Office of the Minister. As part of the operations of the OECD NCP in the area of respect for human rights in business activity of enterprises, the following activities are planned:
– promotion of the OECD Guidelines for Multinational Enterprises and the OECD sectoral recommendations, with particular emphasis on those concerning respect for human rights,
– continuation of activities aimed at translating OECD documents on responsible business, which have not yet been translated into Polish, including involvement of representatives of relevant industries and sectors in the process of translation and verification of the documents,
– organisation of thematic information meetings on the activities of the OECD NCP to promote responsible business standards and the complaint mechanism for reporting potential violations of the OECD Guidelines for Multinational Enterprises,
– processing of notifications of potential violations of the OECD Guidelines for Multinational Enterprises by multinational enterprises.
The OECD Guidelines for Multinational Enterprises address respect for human rights in business activity of enterprises in Chapter IV and, in part, also in Chapter V on employment relations including labour rights. Across the 50 countries implementing the OECD Guidelines for Multinational Enterprises, human rights violations constitute one of the most frequent reasons for filing notifications to the OECD NCP. Hence, one of the indicators for monitoring the implementation of the NAP in 2021-2024 will be information on the number of notifications of potential violations of the OECD Guidelines related to Chapters IV and V of the OECD Guidelines as received and processed by the OECD NCP. Moreover, in the coming years and in line with the expectations of the social partners the OECD NCP plans to increase the number of events promoting the OECD Guidelines, such as webinars or conferences. These events will also include one promoting responsible business standards in the context of respect for human rights in business activities of enterprises.”
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
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 conduct. (pg. 21)
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)
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.
“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.
“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.”
IV. The corporate responsibility to respect human rights
B. Actions taken
State encouragement of respect by business for international human rights standards (page 11)
‘The Taiwan government encourages businesses to engage in responsible business behavior, and has adopted internationally recognized corporate social responsibility standards, such as the UNGPs, the UN Global Compact, ILO Conventions and the OECD Guidelines for Multinational Enterprises.’
This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to respect, UNGP3, Actions taken (page 41).
C. Actions planned
Continue promoting dialogue and communication between businesses and stakeholders (page 14)
‘The Taiwan government will continue to promote dialogue and communication between businesses, government agencies, and civic groups to set up an effective platform for conducting sustained and regular dialogue and communication among themselves. […]For example, it will prepare multilingual publicity materials to familiarize businesses, interest groups, and NGOs in Taiwan with the UNGPs and the OECD Guidelines for Multinational Enterprises.’
Appendix 2: Concrete actions taken by Taiwan to ensure respect by businesses for human rights
In order to strengthen enterprises’ CSR implementation and enhance human rights awareness, the Taiwanese government and civil society have implemented a number of support measures, including the following (page 32)
‘The MOEA’s Department of Investment Services (DOIS) organizes CSR seminars each year to increase corporate understanding of the UNGPs and the OECD Guidelines for Multinational Enterprises.’
The UK 2016 Updated NAP makes a reference to NCPs in the section devoted to Access to Remedy for Human Right Abuses Resulting from Business Activity [page 20]:
“We also provide a number of state-based non-judicial mechanisms, including: The UK National Contact Point (NCP) which considers allegations of non compliance by UK companies with the OECD Guidelines for Multinational Enterprises. The NCP seeks to mediate an agreement between the parties. But where this is not possible, a determination of whether the enterprise has acted inconsistently with the Guidelines is published and available for public dissemination.”
The UK 2016 Updated NAP states in the section Actions Taken, [page 8]:
“To give effect to the UN Guiding Principles, the Government has: (…) implemented the requirements of the OECD 2012 Common Approaches, and considered relevant adverse project-related human rights impacts in providing applicable Export Credit Agency (ECA) support through UK Export Finance (UKEF). UKEF will consider any reports made publicly available by the UK National Contact Point (NCP) in respect of the human rights record of a company when considering a project for export credit. The UK has been involved with the discussions, and negotiations, on the implementation of the OECD 2012 Common Approaches and the need to amend this, in respect of ongoing experience on project-related human rights. The UK continues to be involved in negotiations on any agreed clarifications to the OECD 2012 Common Approaches.”
The UK 2016 Updated NAP refers to NCP in the Case Study from NCP [page 23] where it provides a brief description of the World Wildlife Fund (WWF) & SOCO International Plc. case June 2014:
“WWF’s complaint alleged that SOCO’s oil exploration activities in Virunga National Park (Democratic Republic of Congo – DRC) did not contribute to sustainable development and that this conduct was prohibited under existing International agreements and DRC law. The activities specifically risked adverse impacts on the local communities, the environment and wildlife. This case had aroused considerable International media attention. The UK NCP accepted the complaint and asked both parties to take part in professional external mediation in London which resulted in an agreed joint statement. As part of the statement, SOCO agreed that they will not undertake or commission any exploratory or other drilling within Virunga National Park unless UNESCO and the DRC government agree that such activities are not incompatible with its World Heritage status. They also stated that “when we undertake human rights due diligence, the processes we adopt will be in full compliance with international norms and standards and industry best practice, including appropriate levels of community consultation and engagement on the basis of publicly available documents.” The full joint statement and NCP Final assessment published in June 2014 can be seen at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/330392/bis- 14-967-uk-ncp-final-statement-following-agreement-reached-in-complaint-from-wwf- international-against-soco-international-plc.pdf More details on each complaint case which UK NCP have received can be found via the link to the Initial & Final assessments page which lists cases in chronological order https://www.gov.uk/government/collections/uk-national-contact-point-statements.”
Section II: Priority Areas of the National Action Plan on Responsible Business Conduct …
Priority Area (3) Strengthening Access to Remedy: “[…] To do so, agencies and offices will strengthen USG-based due diligence processes and grievance mechanisms in consultation with external stakeholders through the following measures…
• State: State will enable stakeholders to seek resolution of RBC issues by strengthening the U.S. National Contact Point (NCP) for the OECD Guidelines through increased stakeholder engagement, including creating a new advisory body; proposing changes to the NCP’s confidentiality policy and otherwise improving procedures, including by updating them in line with the 2023 update to the OECD Guidelines; developing one of the first NCP policies on reprisals; improving accessibility of the NCP website; and evaluating technical, personnel, and policy options to strengthen the NCP.” (p.13-14) Section III: Additional National Action Plan Commitments …
Table 3: Access to Remedy Commitments
The Department of State will “build on progress to date and intends to make the following significant changes to further improve the NCP. Note that some of these intended changes, particularly including those that involve changing rules of procedure, will be pursued subject to a public notice and comment process. Easing confidentiality: We propose to make the following changes to the confidentiality policy of the NCP:
Make public the existence and status of pending cases on the NCP’s website, which, prior to the initial assessment, would only include party names if both parties agree.
Issue our Initial Assessments as public documents, in a summary form, after changing our rules of procedure.
Supplementing pool of mediators with additional expertise: We propose to change our rules of procedure to provide for the possible addition of subjectmatter experts to work alongside and in addition to our mediators.
Promoting “high-road” corporate practices: In all Specific Instances in which the NCP offers good offices, including in the event of failure to reach resolution through good offices and any Specific Instance where an enterprise fails to respond, the NCP will endeavor to include specific recommendations, as appropriate, in Final Statements that address concerns raised, promote highroad practices, and/or encourage actions consistent with the OECD Guidelines.
Establishing an anti-reprisal policy: We plan to issue a clear and strong policy against reprisals. The policy is intended to address the risk of reprisals against persons or groups, including human rights, labor, and environmental defenders, against actions taken because they have submitted or are considering submitting a Specific Instance to the NCP. We will be among the first NCPs to take this significant step.
Creating a new external advisory body for the NCP: We will create a subcommittee of the new RBC Advisory Committee to advise the NCP. This subcommittee will effectively take the place of the former Stakeholder Advisory Board.
Provision for greater follow-up: We propose to change our rules of procedure to encourage routine follow-up on cases after their conclusion. This will confirm our recent practice of using follow-up to effect change (e.g., where the NCP requests a party to report back on what it has done to address an alleged RBC problem).
Reflecting the 2023 update to the OECD Guidelines: We intend to update our rules of procedure to reflect the update to the OECD Guidelines adopted last year.
Publishing a promotional plan: We intend to develop and issue a plan to promote the OECD Guidelines with business and to raise awareness of the role of the NCP. Purposes of the plan will include to confirm that our much expanded stakeholder outreach is evenhanded, to increase awareness of the OECD Guidelines and the Specific Instance process among underserved and underrepresented stakeholders, and to improve reception of the OECD Guidelines and the process among U.S. businesses.
Improving our online outreach: We plan to improve the accessibility of the NCP’s website on state.gov to make it more informative and easier to navigate.
Considering further changes: We will consider additional, further changes as we continue making efforts to further strengthen the NCP in close consultation with stakeholders, including through the new RBC Advisory Committee and its planned subcommittee. Our aims will include strengthening access to remedy, demonstrating USG implementation of the UNGPs and the OECD Guidelines, and furthering the Biden Administration’s Global Labor Strategy.”
The 2023 OECD annual report on NCP activity addressed the effectiveness of NCPs in fulfilling their mandate. The report notes that 2023 was the first year that all NCPs reported their activities. However, despite a 10% increase in activity compared to the previous year, 31% of NCPs had not received a single case in over five years. Of the cases handled, submissions led by NGOs or trade unions had an 82% acceptance rate. In contrast, submissions by individuals had only a 50% acceptance rate. Among the cases that reached mediation, 73% resulted in an agreement. The report indicates that the leading cause of failure to reach agreement was a lack of good faith from the parties involved, and attributes 64% of failed cases to a refusal to engage in NCP-led mediation.
Belgium (2017 - open)
Chile (2017-2020)
Colombia (2020-2022)
Czechia (2017-2022)
Denmark (2014-open)
Finland (2014-2016)
France (2017-open)
Georgia (2018-2020)
Germany (2016-2020)
Ghana (2025 - 2029)
Ireland (2017-2020)
Italy (2021-2026)
Japan (2020-2025)
Kenya (2020-2025)
Liberia (2024 - 2028)
Lithuania (2015-open)
Luxembourg (2020-2022)
Malaysia (2025-2030)
Mongolia (2023-2027)
Netherlands (2022-2026)
Nigeria (2024-2028)
Norway (2015-open)
Pakistan (2021-2026)
Peru (2021-2025)
Poland (2021-2024)
Slovenia (2018-open)
South Korea (2018-2022)
Spain (2017-2020)
Sweden (2017-open)
Switzerland (2024-2027)
Thailand (2019-2022)
Uganda (2021-2026)
United Kingdom (2016-open)
United States (2024 - open)
