- Date filed
- 4 May 2023
- Keywords
- Countries of harm
- Current status
-
Filed
- Sector
- NCP
Allegations
On 4 May 2023, ClientEarth filed a complaint against Cargill, a private company operating in numerous sectors worldwide, to NCP USA. The complaint alleges failures in Cargill’s environmental and human rights due diligence policies and procedures, which do not adequately address the company’s contribution to deforestation and conversion of other ecosystems, and associated human rights impacts through its soy operations in Brazil.
According to the complainants, Cargill operates in Brazil through a network of local subsidiaries and has extensive operations in all stages of the soy supply chain (except production). The company mostly sources from the Cerrado, Amazon, and Atlantic Forest, all of which are of global importance given their essential role in preventing climate change, and all of which are in danger from agricultural expansion.
The complainants are seeking the NCP’s good offices to resolve the issues through mediation. Specifically, they are seeking disclosure by Cargill of its due diligence processes related to its soy operations in Brazil, as well as the adoption of effective due diligence procedures for its operations, including the measures outlined in the OECD-FAO Guidance for Responsible Agricultural Supply Chains and the UN Working Group’s guidance on due diligence.
The complainants have not disclosed the full complaint document in accordance with the NCP’s confidentiality requirements.
Relevant OECD Guidelines
Outcome
On 17 January 2025, the US NCP rejected the case on the basis that the complainant had not submitted authorization from Brazilian persons or communities to represent them. In its Final Statement, the NCP recommends that Cargill take care to act consistently with the Guidelines with regard to all of Cargill’s soy operations and supply chains in Brazil, including “[c]arry[ing] out risk-based due diligence, for example by incorporating it into their enterprise risk management systems, to identify, prevent and mitigate actual and potential adverse impacts . . ., and account for how these impacts are addressed.”
More details
- Defendant
- Company in violation
- Complainants
- Affected people