Model Point National Contact

ECD Watch

National Contact Point

Model Point National Contact

ECD Watch

The Model National Contact Point (MNCP): Proposals for improving and harmonizing the procedures of the National Contact Points for the OECD Guidelines for Multinational Enterprises.

September 2007

Colophon This publication has been made possible through financial support from the European Commission, DGEmployment, Social Affairs and Equal Opportunity and the Dutch Ministry of Foreign Affairs. The contents of this publication are the sole responsible of OECD Watch and can under no circumstances be regarded as reflecting the position of the European Commission or the Dutch Government. Author: Patricia Feeney Rights and Accountability in Development (RAID) UK E-mail: raid@raid-uk.org www.raid-uk.orgGraphic design: Justine van Heusden, www.justar.nl The Model NCP is a publication of OECD Watch. OECD Watch (OW) is an international network of more than 70 civil society organisations from across the world promoting corporate accountability and responsibility. OECD Watch aims to inform the wider NGO community about policies and activities of the OECD’s Investment Committee and to test theeffectiveness of the OECD Guidelines for Multinational Enterprises. Available on-line at www.oecdwatch.org To request a copy contact: SOMO - Centre for Research on Multinational Corporations Host of the OECD Watch Secretariat Sarphatistraat 30 1018 GL Amsterdam The Netherlands T: +31 (0)20 639 12 91 F: +31 (0)20 639 13 21 info@oecdwatch.org


Table of contents

5 6 7 8 10 12 14 22 24Introduction Symbols Key Methodology Chapter 1 _ MNCP Structure Chapter 2 _ Oversight of the MNCP Chapter 3 _ MNCP Promotion and Outreach Chapter 4 _ MNCP Procedures for Handling Specific Instances OECD Watch’s recommendations Notes





Introduction

It is seven years since the review of the OECD Guidelines and there is a growing consensus among policymakers, trade unions, businessand NGOs that OECD governments need to improve the policies and procedures of their National Contact Points (NCPs).1 OECD Watch’s September 2005 report, Five Years On: A review of the OECD Guidelines and NCPs, was critical of the NCPs’ haphazard approach to casework. The report highlighted the way the onerous demands of the specific instance process failed to produce effective outcomes. Itconcluded that almost invariably the NCPs’ final statements were skewed to protect companies rather than to draw a clear distinction between acceptable and unacceptable corporate conduct. These concerns, which were shared by many observers, led to a complete restructuring of the Dutch and British NCPs.2 Despite the apparent indifference of some governments to the instrument and the disappointing record ofboth the US and Japanese NCPs, the G8 communiqué included a reference to the OECD Guidelines and expressed the need to enhance their effectiveness.3 Given the emphasis of European governments on corporate social responsibility, OECD Watch, with support from the European Commission, undertook a survey to identify what constitutes a Model NCP (MNCP). Aims of the Model NCP Survey: _ Identify bestpractice. _ Make recommendations for improving NCP procedures. _ Encourage all governments to adopt the MNCP recommendations. _ Provide NCPs with a practical guide to the procedures. The Model has largely emerged from experiences in Western Europe, where NCPs have dealt with the greatest number of cases. In Southern and Eastern Europe and the Baltic States, where NCPs have only recently beenestablished, the Guidelines are not well known and few cases have been filed. The survey has confirmed the view that not even within the EU is it possible to conceive of one model. At present there are different administrative and legal traditions that preclude the adoption of some of the MNCP proposals. There is not a single one-size-fits-all model but the survey revealed a significant degree of...