The OECD Guidelines and the National Contact Points (NCPs): “Responsible investments and business relations” Hans Petter Graver and Hege Røttingen– NCP Norway January 2015

Reports from textile industry

Complaints to the Norwegian Consumer Council: http://www.forbrukerradet.no/forside/other-languages

Short film: The OECD Guidelines and NCP Norway

NCPs = National Contact Points Three main responsibilities: 1) Raise awareness of the Guidelines 2) Resolving complaints Assessment

Mediation or examination

3) Collaboration with other NCPs

Final statement

Case: Future In Our Hands vs. Intex Resources ASA

Concerning: Human rights, indigenous peoples, environment and bribery Result: The NCP concluded that Intex ASA has violated the Guidelines, including by failing to consult adequately with all potentially affected indigenous groups

Case: Friends of the Earth Norway and ForUM vs. Cermaq ASA

Concerning: Environment, employment, general policies, indigenous peoples

ForUM, Friends of the Earth Norway and Cermaq ASA signed a joint statement concerning sustainable fish farming 10 August 2011 after mediation facilitated by the NCP Result:

Jijnjevarie Saami Village vs. Statkraft

Concerning: Indigenous community in Sweden claims that a wind power project will negatively impact their ability to live off reindeer herding and claims that the companies owning and operating the projects have not consulted them in a meaningful way.

Status: External mediator hired to facilitate dialogue. Not successful. NCPs to write a final statement and, if appropriate, give recommendations to the companies.

Case: FIVAS - Norconsult

Concerning: General policies, human rights, environment for consultancy to project in Malaysia

Status: NCP recently issued initial assessment. Preparing for dialogue.

Case: Forum for Environment and Development vs. Norges Bank Investment Management

Concerning: Human rights and minority sharholders liability

Result: NCP Norway concluded that NBIM, as a manager of the Norwegian State Pension Fund Global, has violated the Guidelines.

www.responsiblebusiness. no

Jobs, investments, development P R O M O T E

Problems, exploitation, conflict P R E V E N T

Expectations to companies…. • From: governments (home and host), investors, civil society and other businesses • Follow the law • Not everything regulated in law (or being implemented if regulated) • In abscence of law: follow international best practice, including OECD Guidelines and UN Guiding Principles on Human Rights and Business

OECD Guidelines Government-backed recommendations for responsible business conduct: “DO NO HARM – DO NOT CONTRIBUTE TO HARM”

Tool for governments: Encourage balance between economic, social and environmental interests and streamline expectations to business (level playing field) Tool for business and investors: Help to “know and show” their governments and other stakeholders that they try to have positive impacts and minimize harm to people and planet while making profit

COMPREHENSIVE: 11 CHAPTERS Concept and Principles

General Policies

Employment and Industrial Relations

Environment

Science and Technology

Competition

Disclosure

Human Rights

New

Combating Bribery, Bribe Consumer Interests Solicitation and Extortion

Taxation

Not covered by any other RBC instrument

OECD Guidelines – who? All multinational businesses and investors from the 34 OECD countries + 12 other countries (incl Peru):

All sectors – regardless of where they operate, including in Peru. All these 46 countries have a National Contact Point (NCP)

The Norwegian National Contact Point Expert Members Independent with different backgrounds

Secretariat Employed by Ministry of Foreign Affairs

NCP task 1: Raising awareness • Use the OECD Guidelines as a tool for risk assessment • Focus on «due diligence»: • What are the risks of your project? Internal: labour standards, corruption External: look and understand the local context. Land, human rights, environment, safety, gender, livelihoods…… • Which people may be affected, and how do you engage with them meaningfully? New circumstances, new cultures. • Also talk to civil society, governmental bodies, visitors

Task 2: NCP as informal problemsolver 1) Raise awareness of the Guidelines Guidelines = tool for risk assessment 2) Resolving complaints Guidelines = tool for conflict resolution Assessment

Mediation or examination

Final statement

3) Collaboration with other NCPs and others