23 June 2014 [footnote 1]. 45. Enterprises should, within the framework of internationally recognised human rights, the international human rights obligations of the countries in which they operate as well as relevant domestic laws and regulations: 1, Respect human rights which means they should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved. This publication is available at https://www.gov.uk/government/publications/iuf-and-floc-complaint-to-uk-ncp-about-bat/final-statement-iuf-and-floc-complaint-to-uk-ncp-about-bat. Under the International Labour Organization (ILO) Freedom of Association and Protection of the Right to Organize Convention No. 2. The UK NCP is based in the Department for International Trade (DIT) and funded by DIT and the Department for International Development (DfID). Die NCP Entry Clients für Endgeräte mit Windows, macOS oder Android Betriebssystem können in jede vorhandene Infrastruktur integriert werden. 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. 30. Section 37 states that ‘…respect for human rights is the global standard of expected conduct for enterprises independently of [a] States’ abilities and/or willingness to fulfil their human rights obligations, and does not diminish those obligations.’[footnote 3], 47. 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 latter sets out fair labour standards for workers, including the right to a minimum wage and standards for overtime payment. An initial assessment of this complaint was published in August 2016. The UK NCP operates within boundaries set by the OECD Guidelines, including the voluntary nature of the Guidelines and the requirement on NCPs to operate transparently. 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. States have the duty to protect human rights. 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), © 20. 23. In their response to the complaint, BAT acknowledge that workers who wish to join a union have the right to legally do so. The complainants’ proposal is that BAT should use its interest in RAI, to influence and address this situation. 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. ING welcomes the final statement published today by the Dutch National Contact Point (NCP), in which ING’s approach to fighting climate change is described as ‘innovative’ and ‘positive’. 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. 11. If an agreement is not reached, the NCP publishes a final statement that either clears the resonding party or expresses criticism and provides recommendations for improvements. 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. [footnote 8]. 98, workers are protected against dismissal or other prejudice because of union membership or activity. At the beginning of 2017, the North Carolina Assembly also passed the state’s farm bill, SB 6152. However, it is not always clear how the information gathered under the SRTP programme BAT contributed financially and in which it participated, is used effectively to improve working and living standards for migrant workers. 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. If it has not done so already, the UK NCP recommends that BAT participate in procedures to address the issues identified in the interviews with workers. As a result of this, BAT stated that it could not use its interest in RAI to influence any decisions made by the company. 10. 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 nature and extent of due diligence depend on the circumstances of a particular situation’. In the original complaint submitted to the UK NCP, the IUF and FLOC set out a number of demands. 43. 27. The UK NCP’s initial assessment of the complaint can be found on gov.uk. 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. NCP and law professor Ola Mestad, assisted by the Secretariat. 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. 54. 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. 52. ↩, International Covenant on Civil and Political Rights, 1976, article 22, paragraph 1. ↩, International Covenant on Civil and Political Rights, 1976, article 22, paragraph 2. The complaint alleged that BAT was linked to breaches of the OECD Guidelines through its business relationship with RAI in the US. Membership of the FLPG is comprised of several tobacco companies, growers, NGOs and US and North Carolina Labor Department officials. 58. This includes establishing any processes that may allow agricultural workers to access their full range of rights. against BTC Corporation, Final statement by the UK NCP on the complaint from Corner House against Airbus, Final statement by the UK NCP on the complaint from Corner House against Rolls-Royce Group, Final statement by the UK NCP on the complaint from Corner House against BAE Systems, Final statement by the UK NCP on the complaint against Unilever plc on India's Doom Dooma factory, Follow up to final statement on the complaint from Survival International against Vedanta Resources plc, Final statement by the UK NCP on the complaint against Unilever plc on Pakistan’s Khanewal factory, Final statement by the UK NCP on the complaint against Unilever plc on India’s Sewri factory, Statement by the UK NCP on the Vedanta Specific Instance, Final statement by the UK NCP on the complaint against Unilever plc on Pakistan’s Rahim Yar Khan factory, Statement by the UK NCP on G4S and Union Network International, Statement by the UK NCP on Afrimex (UK) LTD, Final assessment by the UK NCP on PSA Peugeot Citroën, Statement by the UK NCP on National Grid Transco plc, Statement by the UK NCP on Oryx Natural Resources, Initial Assessment by the US NPC of the complaint by Edouard Teumangie against AES Corporation, Statement by the US NCP on the specific instance regarding LEAD Group and Innospec, Statement by the US NCP on the specific instance regarding UNITE HERE and LSG Sky Chefs. The OECD Guidelines are voluntary principles for responsible business conduct in areas including employment, human rights and the environment. In their response to the UK NCP, BAT stated that this was not possible due to the nature of its governance arrangement with RAI which ensured that it always maintained a minority position on the management board. 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. 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. The UK NCP finds that BAT did meet the obligations set out under chapter II, paragraph 10 and 12 and chapter IV, paragraphs 1, 3 and 5 of the OECD Guidelines. Within the US, workers’ rights are protected under Federal laws, specifically the National Labor Relations Act and the Fair Labor Standards Act. It does not mean however, that agricultural workers cannot form their own unions. However, they also state that as at time of writing, co-operation with the FLPG has failed to yield any effective outcomes. The AusNCP … Final Statement by the UK NCP on the complaint from the European Centre for Constitutional and Human Rights against Cargill Cotton Limited (in Uzbekistan), 11 July 2011 Follow-up statement on the complaint from the Malaysian Trades Union Congress against British American Tobacco Malaysia , 8 July 2011 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. 65. BAT declined to participate. The UK NCP would therefore like to make the following recommendations: In the course of its engagement with the UK NCP, BAT provided 2 reports relating working and living conditions for tobacco workers. Bhd, Statement by the Mexican NCP in the case of SUTEIVP against Industria Vidriera del Potosí. | Websites of adhering governments | Specific instances |. 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 IUF confirmed that this part of the complaint had been made in error. Final Statement This Specific Instance was submitted by Mr Yacouba Traoré on behalf of the Former Employees Collective of the Australian Laboratory Services Mali SARL Laboratory Group against Australian Laboratory Services. 36. 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. 28. Don’t include personal or financial information like your National Insurance number or credit card details. 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