The complainants also stated that through this interest in RAI, BAT could influence the decisions of its management board, with the suggestion that it could work with FLOC to form an employment commission for the benefit of migrant workers. Follow up to the Final Statement by the UK National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises (the Guidelines) Complaint from the Malaysian Trades Union Congress against British American Tobacco Malaysia Berhad (Malaysia) 1. Go to content. 35. (Malaysia) Sdn. 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. BAT is headquartered in the UK. 39. Specific Instance Final Statements Archive 4 items. Under the Right to Organize and Collective Bargaining Convention No. 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. The UK NCP recommends that if BAT has not done so already, it should address the issues identified in these reports by establishing objective standards of living and working conditions for migrant workers. 98, workers are protected against dismissal or other prejudice because of union membership or activity. Secretariat, French NCP and United Kingdom NCP. 27. 12, Seek to prevent or mitigate an adverse impact where they have not contributed to that impact, when the impact is nevertheless directly linked to their operations, products or services by a business relationship. 22/48 21 Parallel proceedings. Final statement by the Norwegian NCP on the complaint from The Future in our Hands (FIOH) against INTEX Resources ASA and the Mindoro Nickel Project, January 2012, Initial assessment by the Norwegian NCP on the complainst by the Norwegian Support Committee for Western Sahara against Sjovik AS, 8 March 2012, Organisation for Economic Co-operation and Development (OECD), © Don’t include personal or financial information like your National Insurance number or credit card details. 60. We’ll send you a link to a feedback form. The UK NCP therefore recommends that BAT ensure that RAI’s processes for managing the well-being of agricultural workers employed in its supply chain are fit for purpose. In their response to the complaint, BAT acknowledge that workers who wish to join a union have the right to legally do so. 9. ↩. The obligation under paragraph 5 is to ‘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’. 43. Both reports commented on the quality of living and working standards for workers in the tobacco industry. Explore the big challenges, opportunities, debates and frameworks for business and human rights. These procedures should be time bound and subject to quality inspections by an independent third party to ensure that they are fit for purpose. In the complaint made by the IUF and FLOC, the allegations are that migrant workers involved in the harvesting of tobacco crops in North Carolina cannot join unions or enter into the collective bargaining process without fear of retaliation or intimidation. 24/48 19 Complaint database. NCP Solutions helps companies optimize the effectiveness, efficiency and impact of their business-critical communications. While the Guidelines extend beyond the law in many cases, they should not and are not intended to place an enterprise in situations where it faces conflicting requirements. In its response to the UK NCP, BAT state that North Carolina, which is the relevant geographic area relating to the complaint, have enacted Right to Work laws which guarantee that no person can be compelled, as a condition of employment, to join or not to join a union, or to pay dues to a labour union. Bureau of Economic and Business Affairs. In 2017, BAT went on to acquire the remaining shares in RAI. 3. The company is British American Tobacco (BAT). This is not intended to shift responsibility from the entity causing an adverse impact to the enterprise with which it has a business relationship. One was produced in 2015 under its own Social Responsibility in Tobacco Production (SRTP) programme. If the UK NCP has examined the complaint, it will prepare and publish a Final Statement with a clear statement as to whether or not the Guidelines have been breached and recommendations to the company for future conduct, if necessary. 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 research conducted by the SRTP is funded by a number of tobacco companies including BAT. Final report by the Dutch NCP on the Specific Instance notified by CEDHA, INCASUR Foundation, SOMO and Oxfam Novib concerning Nidera Holding B.V. 11. 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. 87 which relates to the right of workers to establish and join an organisation of their own choosing and, the Right to Organize and Collective Bargaining Convention No. BAT has since acquired full ownership of the RAI, in 2017. BAT also provided the summary findings of a 2015 U.S. Tobacco GAP Assessments program that had been prepared for R.J. Reynolds Tobacco, a subsidiary of RAI, by a third party. The complaint also refers to the International Labour Organization (ILO) Freedom of Association and Protection of the Right to Organize Convention No. The UK NCP is based in the Department for International Trade (DIT) and funded by DIT and the Department for International Development (DfID). BAT’s response is that an alternative forum already exists to address the concerns of migrant workers who are not represented through membership of existing unions or who cannot bargain collectively on rates of pay. In this instance the issues arose in the US. 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. For more than 45 years, companies have relied upon our industry-leading expertise, freeing them to focus time, energy and resources on their core business needs and on what matters most to them – creating value for their customers. Following the acquisition of RAI by BAT in 2017 it is a wholly owned subsidiary of BAT. 22. It does not mean however, that agricultural workers cannot form their own unions. 12. BAT declined to participate. 16. This page carries a list of statements or press releases issued by National Contact Points with regard to specific instances which have arisen in the implementation of the Guidelines for Multinational Enterprises until July 2013. The nature and extent of due diligence depend on the circumstances of a particular situation’. The UK NCP understands that for agricultural workers, including those who work in the tobacco industry, there is a reliance on state legislature to set out the conditions of employment for agricultural workers. BAT has provided evidence that an alternative forum currently exists where the issues faced by migrant workers in the agricultural industry who are not members of unions or cannot enter into collective bargaining can be voiced. 05 December 2019: NCP shares draft Final Statement with the parties for comment; 16 December 2019: Notifier provides comments; 23 December 2019: NCP follows up with Company for a response; 17 January 2020: NCP grants Company an extension to respond; 30 January 2020: Company provides NCP with follow up document requested in the draft Final Statement for vetting (response to … Based upon these exchanges, the understanding was that the complainants intended to provide additional and relevant information to the UK NCP. In its Initial Assessment the UK NCP concluded that it would not further the effectiveness of the Guidelines to duplicate or usurp work appropriate to another process, namely the multi-stakeholder process already established in the US. The AusNCP … 21. If conciliation/mediation is declined or fails to achieve a resolution, the UK NCP examines the complaint further and reaches findings on whether the company’s actions are consistent with the Guidelines. c) Final statement: the UK NCP issues a final statement recording the agreement reached by the parties or, alternatively, its findings on the company’s actions. 2. July 28, 2015 . Final Statement Specific Instance regarding ACC Limited and Ambuja Cement Limited (Holcim Group) in India Berne, 18 December 2014 Background 1. The other Final Statements are provided here as a reference. 44. These were: the creation of a commission consisting of members from both RAI and workers to address the differences between FLOC, RAI and participating tobacco growers; a Memorandum of Understanding to be entered into by FLOC and RAI to act as a starting point for discussions between the 2 parties and, that BAT should use its leverage to persuade RAI to participate in actions which would lead to good faith discussions on guaranteeing freedom of association and worker representation for migrant workers on farms providing tobacco to RAI. 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. General Assembly of North Carolina, Session 2017, Session Law 2017-108, Senate Bill 615 ↩, OECD Guidelines for Multinational Enterprises, 2011 edition, p.32. The AusNCP provided a draft Final Statement to the parties in May 2016. The UK NCP will issue a follow-up report to this final statement in April 2020. 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. UK NCP final statement: WWF International and SOCO International plc, agreement reached. Organisation for Economic, Unión Obrera Molinera and Cargill S.A. specific instance: Statement by the Argentinian NCP, Statement by the Australian NCP on the initial assessment of a specific instance concerning the activities of an Australian mining corporation in South Africa, Public statement by the Australian NCP on the transfer of a specific instance involving an Australian-headquartered enterprise to the Chilean NCP, Public statement by the Australian NCP on the transfer of a specific instance involving an Australian-headquartered enterprise to the Argentinean NCP, Statement by the Australian NCP on the complaint by the Construction, Forestry, Mining, Energy Union – Mining and Energy Division (CFMEU) Trade Union against Xstrata Coal Pty Ltd (XSTRATA), BHP Billiton – Cerrejon Coal specific instance: statement by the Australian NCP, ANZ specific instance: statement by the Australian NCP, GSL Australia specific instance: evaluation by the Australian NCP, GSL Australia specific instance: statement by the Australian NCP, Austrian NCP statement in the case of ITBLAV against Global Sports Lanka, Abschließende Erklärung im Besonderen Fall, Austrian NCP statement in the case of Gewerkschaft der Privatangestellten Druck – Journalismus – Papier against Novartis Institutes for BioMedical Research GmbH & Co. KG, Press release concerning the activities of the Forrest Group in the Democratic Republic of Congo / Communiqué concernant les activités du groupe Forrest en RD Congo. 25. 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. 36. The UK NCP has no powers to require any party to provide information to it, nor any special status permitting it to obtain confidential information that other government officials are under statutory obligation to protect. The specific instance is regarding ING's impact on climate change through its investments. The NCP issued a final statement on 15 August 2007: some 5½ years after the Complaint had been filed. 65. If no agreement is reached, it publishes a final statement which may include recommendations for implementing the OECD Guidelines. 45. | Websites of adhering governments | Specific instances |. We use cookies to collect information about how you use GOV.UK. Chapter I, paragraph 2 of the Guidelines state that, ‘…obeying domestic laws is the first obligation of enterprises. 64. All content is available under the Open Government Licence v3.0, except where otherwise stated, IUF and FLOC complaint to UK NCP about BAT, Initial Assessment of the complaint by the UK NCP, Recommendations to the company and follow-up, nationalarchives.gov.uk/doc/open-government-licence/version/3, Coronavirus (COVID-19): guidance and support, Check how the new Brexit rules affect you, Transparency and freedom of information releases. In addition to the information provided in the complaint, the UK NCP also held discussions with the complainants in December 2016 and January 2017. The complainants’ proposal is that BAT should use its interest in RAI, to influence and address this situation. The latter sets out fair labour standards for workers, including the right to a minimum wage and standards for overtime payment. This organisation is the Farm Labor Practices Group (FLPG). This is the Farm Labor Practices Group (FLPG). 54. Since August 2017, NCP is owned by Park24, a listed Japanese company, and Development Bank of Japan (DBJ).Prior to this, NCP was successfully managed by Macquarie European Infrastructure Fund 2 for 10 years.. Park24 is the majority owner based in Tokyo and is a major parking operator with 1,043,570 spaces in over 19,000 sites, across 8 countries. 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. All the information provided to the UK NCP by the parties has been shared as part of the complaint process. Ownership. 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. 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. The UK NCP also conducted its own on-line research into the legislation relating to US state and federal employment standards in North Carolina. ↩, International Covenant on Civil and Political Rights, 1976, article 22, paragraph 2. 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. You’ve accepted all cookies. 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. as NCP at different times. 38. 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. ↩, International Covenant on Civil and Political Rights, 1976, article 22, paragraph 1. The UK National Contact Point for the OECD (NCP) today marks the final stage of its review into G4S’s business in Israel with the publication of its Follow up Statement. 7. Since the 2011 update of the OECD Guidelines, the NCP is required to publish a Final Statement for all specific instances at the end of the proceedings, regardless of whether facilitated dialogue or mediation was offered or not. IUF and FLOC’s complaint states that in failing to provide access to adequate processes of redress, BAT fails to respect the human and employment rights of migrant workers in the tobacco industry who are part of the supply chain for their final products. 17. 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. However, the UK NCP accepts that there are areas where BAT could contribute more to help promote a better working environment for migrant workers. Die NCP Entry Clients für Endgeräte mit Windows, macOS oder Android Betriebssystem können in jede vorhandene Infrastruktur integriert werden. At the time the complaint was made in 2016, RAI was part owned by BAT. The Guidelines are not a substitute for nor should they be considered to override domestic law and regulation. 6. Statement by the Netherlands NCP on complaint by Shehri-CBE concerning Makro-Habib Pakistan Limited, Final statement by the Netherlands NCP concerning Pandacan oil depot Manila, Philippines, Joint statement by the Netherlands NCP, FNV, CNV and IHC Calland, Statement by the Netherlands NCP on Chemie Pharmacie Holland, Joint statement by the Netherlands National Contact Point, Adidas and the India Committee of the Netherlands, Initial assessment and conclusion by the Norwegian NCP on the complaint from the Climate Network and Concerned Scientists Norway against Statoil, Final statement by the Norwegian NCP on the complaint from The Future in our Hands (FIOH) against INTEX Resources ASA and the Mindoro Nickel Project, Initial assessment by the Norwegian NCP on the complainst by the Norwegian Support Committee for Western Sahara against Sjovik AS, Initial assessment and final conclusion by the Norwegian NCP on the complaint by the 129 Roma in Kosovo against Norwegian Church Aid, Final statement by the Norwegian NCP on the complaint by the Norwegian Society for the Conservation of Nature/Friends of the Earth Norway and Forum for Environment and Developmentagainst Cermaq ASA, Joint statement by Cermaq ASA, Norwegian Society for the Conservation of Nature/Friends of the Earth Norway1 and Forum for Environment and Development (ForUM), Statement by the Norwegian NCP on the complaint against Kongsberg Automotive, Statement by the Norwegian NCP on Aker Kværner’s activities at Guantanamo Bay, Statement by the Swedish NCP on the CEDHA complaint against Nordea, Statement from the Swedish NCP concerning Atlas Copco and Sandvik, Closing statement by the Swiss NCP on the specific instance regarding cotton trade by Paul Reinhart AG in Uzbekistan, Closing statement by the Swiss NCP on the specific instance regarding cotton trade by Louis Dreyfus Commodities Suisse S.A. in Uzbekistan, Closing statement by the Swiss NCP on the specific instance regarding cotton trade by Ecom Agroindustrial Corp. Ltd. in Uzbekistan, Closing statement by the Swiss NCP on the specific Instance regarding Triumph in the Philippines and in Thailand, Statement by the Swiss NCP on the Cerrejon Coal Mine in Columbia, Press release by the Swiss NCP concerning a labour dispute at a subsidiary of Nestlé in South Korea, Final statement by the UK NCP on the Complaint from Justiça Ambiental et al. On 27 October 2016, AWWB submitted a complaint to the AusNCP alleging that 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. At the mediation stage, the NCP publishes a statement identifying the parties to the complaint. The final statement was issued after all those involved in the process had moved on, requiring the present NCP to gain information with no direct involvement. 17 Final statements. As part of the original complaint, the IUF and FLOC asserted that BAT was linked to alleged breaches under the OECD Guidelines through its 42% shareholding of RAI. 19. 56. 62. At the beginning of 2017, the North Carolina Assembly also passed the state’s farm bill, SB 6152. This provided data on how agricultural, labour and environmental practices were being employed by tobacco growers in the U.S. 41. The AusNCP also contracted an independent mediator to facilitate a discussion between the parties. d) Follow up – where a final statement includes recommendations, or where an agreement between parties provides for it, the UK NCP publishes a further statement based on reports from the parties at a specified interval (usually a year) after the final statement. It is annexed to this statement as Annex 1. The lead complainant is the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (IUF). The parties reached … This was disputed by BAT on the basis that they had never participated in such a process. The IUF confirmed that this part of the complaint had been made in error. Both the lead and co-complainant acknowledge the existence of the FLPG. 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. To view Specific Instance Final Statements from before January 21, 2017, please visit the state.gov archive. 10. In BAT’s view, the FLPG is an effective forum through which issues raised by US based stakeholders can be dealt with. BAT state that an existing organisation, the Farm Labor Practices Group (FLPG), already exists to address the issues identified by IUF and FLOC. 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