ncp final statements

17 Final statements. Information is shared on the understanding that while the complaint is under consideration it should not be shared further or made public. 43. 20. However, BAT also state that tobacco growers cannot participate in a process that effectively causes the mandatory unionisation of the workforce in a supply chain as this would be contrary to existing legislation. 65. In this instance the issues arose in the US. However, the UK NCP notes that the Charter and Operating Protocols for the FLPG it has seen, and which are dated 2015, indicate that many of the processes are still at a preliminary stage and are not clearly defined. The UK NCP is based in the Department for International Trade (DIT) and funded by DIT and the Department for International Development (DfID). Explore the big challenges, opportunities, debates and frameworks for business and human rights. against BTC Corporation, Final statement by the UK NCP on the complaint from the European Centre for Constitutional and Human Rights against Cargill Cotton Ltd and ICT Cotton Ltd (operating in Uzbekistan), Final Statement by the UK NCP on the complaint from the European Centre for Constitutional and Human Rights against Cargill Cotton Limited (in Uzbekistan), Follow-up statement on the complaint from the Malaysian Trades Union Congress against British American Tobacco Malaysia, Final statement by the UK NCP on the complaint from the Malaysian Trade Union Congress against British American Tobacco Malaysia Berhad, Revised final statement by the UK NCP on the complaint from Corner House et al. Statement by the Chilean NCP on the case of Marine Harvest Chile S.A. July 28, 2015 . For any information gathering and research process of this type to be useful, it must also result in a commensurate response to ensure that standards are met. 44. 35. 23/48 20 Complainant anonymity. At the time the complaint was made in 2016, RAI was part owned by BAT. The Article goes on to state that ‘…no restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.’[footnote 7]. The complaints process is divided into the following stages: a) Initial Assessment: desk-based analysis of the complaint and the company’s response to decide whether issues raised merit further examination. Ihr Weg zu den richtigen NCP Produkten. The UK NCP is … Despite contributing several changes and suggestions to the proposed Terms of Reference over a period of several months, BAT decided to withdraw their participation in March 2019. 98, workers are protected against dismissal or other prejudice because of union membership or activity. The NCP issued a final statement on 15 August 2007: some 5½ years after the Complaint had been filed. BAT should also affirm its commitment to the monitoring process by examining the findings of the research and publishing a schedule of activity to correct the identified issues. The specific instance is regarding ING's impact on climate change through its investments. Statement of the Swiss NCP regarding the articles by Survival International (PDF, 66 kB, 07.09.2017) Final Statement Holcim Indonesia (PDF, 332 kB, 12.07.2017) Final Statement FIFA BWI (PDF, 366 kB, 01.05.2017) Initial Assessment WWF International (PDF, 194 kB, 20.12.2016) 9. BAT state that meetings are also held in the presence of a lawyer to ensure that there are no violations of North Carolina’s anti–trust laws. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. 3. The other Final Statements are provided here as a reference. The UK NCP approached Foreign & Commonwealth Office (FCO) colleagues based in the United States for information relating to agricultural workers’ domestic rights as well as labour legislation in North Carolina. This is not intended to shift responsibility from the entity causing an adverse impact to the enterprise with which it has a business relationship. 61. 25. The obligation under paragraph 10 is to ‘carry out risk-based due diligence, for example by incorporating it into their enterprise risk management systems, to identify, prevent and mitigate actual and potential adverse impacts as described in paragraph 12 … and account for how these impacts are addressed. 6. To help us improve GOV.UK, we’d like to know more about your visit today. This includes establishing a clear process to address the issues identified during the meetings on a timely basis, if it has not already done so. alleging human rights abuses and environmental damage by andritz hydro gmbh in connection to the xayaburi hydropower project in lao pdr june 2017 . The initial complaint as drafted had also suggested that BAT was directly involved as a participant in a multi-stakeholder process set up to tackle alleged labour abuses in farm work. Following the acquisition of RAI by BAT in 2017 it is a wholly owned subsidiary of BAT. However, UK NCP is also mindful that the complaint made by IUF and FLOC in 2016 was submitted before the introduction of the OECD Due Diligence Guidance for Responsible Business Conduct in 2018. Final report by the Dutch NCP on the Specific Instance notified by CEDHA, INCASUR Foundation, SOMO and Oxfam Novib concerning Nidera Holding B.V. The UK NCP understands that at the time of the complaint, this report was produced every 4 years with the intention to reduce this to a 3-year cycle going forward. Within the definition of the OECD Guidelines, BAT have participated in processes intended to establish and record the working and living conditions of migrant workers. BAT has since gone on to acquire full ownership of RAI. Bhd, Statement by the Mexican NCP in the case of SUTEIVP against Industria Vidriera del Potosí. 19. 2 3. It also pointed to the obligation of company directors to act independently in a way that benefitted company shareholders. 64. The company is British American Tobacco (BAT). Please now refer to the database of specific instances on the website: mneguidelines@oecd.org. For this reason, the UK NCP decided that any process undertaken by it would be limited to determining the actions appropriate to BAT’s role. 57. In their response to the UK NCP, BAT provided a report based on a series of interviews that had been conducted with agricultural workers in the tobacco industry in 2015, under the Social Responsibility in Tobacco Production (SRTP) programme. The other was a report prepared for R.J. Reynolds Tobacco in 2016 under the U.S. Tobacco GAP Assessments programme, which is industry maintained. 22/48 21 Parallel proceedings. The UK NCP acknowledges that it has seen evidence of an alternative process that allows the views of ununionized workers to be heard. as NCP at different times. 8. Ownership. 42. Grounds for review 4. Both reports commented on the quality of living and working standards for workers in the tobacco industry. We use cookies to collect information about how you use GOV.UK. It is annexed to this statement as Annex 1. A Steering Board including members from business, trade unions, civil society, an unaffiliated member and key government departments has general oversight of the UK NCP. ↩. 63. On 27 October 2016, AWWB submitted a complaint to the AusNCP alleging that These procedures should be time bound and subject to quality inspections by an independent third party to ensure that they are fit for purpose. Don’t worry we won’t send you spam or share your email address with anyone. Die NCP Entry Clients für Endgeräte mit Windows, macOS oder Android Betriebssystem können in jede vorhandene Infrastruktur integriert werden. Because of this, the IUF and FLOC allege that BAT, as a party with shareholder interest in RAI, is in breach of the OECD Guidelines. The UK NCP therefore recommends that BAT ensure RAI processes for managing the well-being of agricultural workers employed in its supply chain are fit for purpose. The complainants propose the creation of a commission the purpose of which would be to address the differences between the parties and to make recommendations for their resolution. The co-complainant is the Farm Labor Organizing Committee of the United States (FLOC). The UK NCP expects, in any case, to share information it obtains with the parties. The complainants state that the issues faced by migrant tobacco workers are not being addressed properly because of this. The UK NCP applied the updated 2011 Guidelines to the actions of companies from 1st September 2011 and to outstanding impacts known to the company at that date. 36. At the beginning of 2017, the North Carolina Assembly also passed the state’s farm bill, SB 6152. In 2017, BAT went on to acquire the remaining shares in RAI. 12. UK NCP final statement: WWF International and SOCO International plc, agreement reached. Within the US, workers’ rights are protected under Federal laws, specifically the National Labor Relations Act and the Fair Labor Standards Act. 11. The UK NCP will issue a follow-up report to this final statement in April 2020. The UK NCP would like to make the following recommendations to BAT. 5, Carry out human rights due diligence as appropriate to their size, the nature and context of operations and the severity of the risks of adverse human rights impacts. The UK National Contact Point (UK NCP) examined the allegations put forward by the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF) and the Farm Labor Organizing Committee (FLOC) that British American Tobacco (BAT) is linked to alleged breaches of the OECD Guidelines for Multinational Enterprises under chapter II, paragraph 10 and 12 and chapter IV, paragraphs 1, 3 and 5. 14. On the basis of the information it has seen, the UK NCP accepts that due diligence processes do exist to identify, prevent and mitigate actual and potential adverse impacts. BAT further state that this is a legal prohibition against the compulsion of an employee by an employer to join a union or pay dues is a point of U.S. law and not something over which they have any control. 3, Seeks ways to prevent or mitigate adverse human rights impacts that are directly linked to their business operations, products or services by a business relationship, even if they do not contribute to those impacts. The UK NCP has made recommendations to the company in regard to demonstrating that it is addressing human rights impacts of its business relationships. The obligation under paragraph 3 is to ‘seek[s] ways to prevent or mitigate adverse human rights impacts that are directly linked to their business operations, products or services by a business relationship, even if they do not contribute to those impacts’. At the time of the complaint, BAT owned 42% of RAI, and members of BAT staff also sat on RAI’s management board as directors. While the UK NCP agrees that the FLPG can act as a vehicle for dialogue with migrant workers and therefore lead to an improvement of working and living standards for them, the UK NCP considers that it can only do so if the FLPG conducts itself in a proactive and transparent way. If it has not already done so, the UK NCP recommends that BAT use the OECD Due Diligence Guidance for Responsible Business Conduct for this purpose. Discuss the current state of the RAI, in any case, to influence and this... This situation the complaints process, opportunities, debates and frameworks for business and rights. 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