ADIMED vs. ES-KO International

Date filed

5 May 2018

Keywords

Labour rights

Countries of harm

Congo, The Democratic Republic of the

Current status

Rejected

Sectors

NCP

NCP Belgium

Allegations

An NGO from the Democratic Republic of Congo (DRC) called ADIMED (Action pour le développement et l’innovation médicale) submitted a complaint to the Belgian and French NCPs that concerned nine workers and dated from 2000 to 2008. The complaint argued that Kilu Group, a food storage company in the DRC, and ES-KO International Int’l, a Monaco consultant subcontracting with KILU Group, had breached employment provisions of the OECD Guidelines by violating several contract, firing, and compensation requirements towards its workers.

Relevant OECD Guidelines

Outcome

The NCPs reported strong reluctance by the companies to engage in the case. The Belgian and French NCPs both rejected the case on grounds they lacked territorial jurisdiction over ES-KO in Monaco and Kilu group in the DRC. Although a branch of Kilu Group was located in Belgium, the Belgian NCP considered that the branch lacked independent legal personality from its parent in the DRC and could not be considered to establish Belgian jurisdiction over the company. The Belgian NCP encouraged the complainant to pursue the complaint under Congolese law, and also urged the OECD to explore ways to encourage the European microstates of Andorra, Lichtenstein, San Marino, the Vatican, Monaco, and Malta to promote the OECD Guidelines to their multinationals. ADIMED asked the Belgian and French NCPs to share the complaint with their consulates in Monaco. Both NCPs assert they did so.