OECD National Contact Point Advisory body and mediator Frode Elgesem, Member of Norwegian Contact Point

Corporate Social Responsibilty – in a nutshell Contribute to sustainable development Avoid negative impact – do no harm. The OECD Guidelines for Multinational Entereprises are recommendations addressed by governments to the enterprises The OECD Guidelines for Multinational Entereprises express shared values of the governments (46 OECD and non-OECD countries) Purpose of UN Guiding Principles on Busieness and Human Rughts and the OECD Guidelines for Multinational Entereprises: To protect people from harm from corporate activities.

46 national contact points

The aim of the Guidelines is to promote positive contribution by entreprises to economic, environmental and social progress

Why should businesses follow the Guidelines? Do the right thing – ”our shared values” The Guidelines are comprehensive tools for: avoiding harm being caused and to maintain coherence between the company’s assurnaces to the market and its actual performance. Avoid criminal prosecution Avoid debarment from public contracts Protect the company’s reputation Strengthen the mutual conficence between the enterprises and the societies in which they operate

Building a school or a well – social responsability or buying your way out ? ??

The OECD guidelines The broadest set of recommendations for responsible business Goal : Private sector promotes sustainable development How to : Respect : EnvironmentHuman Rights Labour Rights and Working Conditions Laws against corruption and bribes

General Policies (excerpts) Refrain from seeking unwarranted exemptions. Develop an apply effective self-regulatory practices and management. Promote awareness and compliance through dissemination of policies, and training. Refrain from dicrimination or diciplinary adtion against whistle-blowers. Carry out risk-base due dilligence to identfy, prevent, and mitigate actual and potential adverse impacts on third parties. An ongoing, both proactive and reactive, and process-oriented activity; itg is to be carried out throughout the entire life-cycle of operations, products and services.

General Policies (excerpts) Avoid causing or contributing to adverse impacts of own activity and address such impacts when they occur. Seek to prevent or mitigate an adverse impact not caused by the enterprise itself, but when that impact is nevertheless linked to its operations, products or services by a business relationship. Encourage business partners, including suppliers and sub-contractoirs, to apply principles of responsible business conduct compatible with the Guidelines. Engage with relevant stakeholders in order to provide meaningful opportunities for their views to be taken into account.

The Guideliens may come into play in different ways Cause Contribute toyMedvirke til Involved Risk that the company may: Poor working conditions Environmental consequences or Human rights violations Corruption

Human Rights Have a policy commitment. Respect human rights. Avoid causing or contributing to adverse human rights impacts and address such impacts when they occur. Seek ways to prevent or mitigate adverse human rights impacts that are directly linked to their business operations, products or services by a business relationship. Carry out human rights due dilligence. Remediation of human rights impacts.

Human Rights Reference should be made at a minimum to: The International Bill of Rights: The Universal Decleration of Human Rights, The International Covenant on Civil and Political Rights and The International Covenant on Economic, Social and Cultural Rights. The core ILO conventions as set oiut in the 1998 International Labour Organisation Declaration on Funsamental Pirnciples and Rights at Work.

Norway’s National Contact Point – Structure and Resources

Independent Organization of the Norwegian NCP Four independent members appointed Appointment by the Foreign Minister In cooperation with other relevant ministries (Trade and Finance) Current Members: One law professor as chair One member nominated by the employer/business side One member nominated by the trade union side One independent lawyer nominated by civil society organizations

Separate Secretariat Separate Secretariat with 2-3 persons fulltime paid by the Ministry of Foreign Affairs Cannot be instructed by the Ministry, only by the Contact Point Currently located in the building of the Ministry Was and will again be separately located Co-location with other Human Rights Institutions is contemplated in the Government Human Rights Action Plan

Finances Separate budget For 2015: 4 Mill NOK ( EUR) Selected activities Information to business Handling cases Participating in conferences Human Rights Due Diligence Workshop for selected companies Including consultancy activities

Complaints to National Contact Point Who may file a complaint? What is the nature of the complaint ? Experiences with cases

Complaints procedure

Examples: Fivas vs Norconsult

Why did the NGO FIVAS file a complaint against the engineering firm Norconsult? Norconsult not in line with OECD guidelines ? Hydropower construction in Malaysia, forced eviction of indigenous people What are the OECD requirements ? Role of Norconsult ?

Successful mediation

Jijnevaerie village vs Statkraft

Environment vs tradition Jijnevaerie village vs Statkraft ; construction of windmill power stations Do the power stations destroy traditional livelihoods? The swedish courts ruled in favour of Statkraft Mediation in Norwegian Contact Point

Result of mediation Mediation unsuccessful NCP issues statement Norway and Sweden handle the case Has Statkraft complied with OECD guidelines? What do the guidelines say regarding indigenous rights ? Requirements for the company to investigate ? Windpower and traditions ; side by side?

OECDs guidelines - recap Recommendations accepted by 46 member countries Companies with international activity Global scope A tool for mitigating social and environmental risk Unique mechanism for handling of complaints

Three tasks for the NCP Communicating the guidelines to the public and stakeholders Handle cases through dialogue and mediation Cooperate with OECD and other NCPs

Norwegian Contact Point, Mars 2015 Impartial panel of experts + secretariat

Mediation final statement Fivas vs Norconsult Committee for West-Sahara vs Sjøvik Nature foundation vs Cermaq Ongoing Jijnjevaerie vs Statkraft Concluded and final statement United Steel Workers vs NBIM Cotton Campaign vs NBIM ForUM vs NBIM NGO «Fremtiden i våre hender» vs Intex Rejected Norwegian climate network vs Statoil Roma vs Norwegian Church Aid (Kirkens nødhjelp) Anonomys plaintiff Cases since 2011

How can we help ? Inform Facilitate mediation between parties Manage the cases Provide courses and workshops in due diligence and risk mitigation.

Pilotprosjekt Human Rights Due Diligence