Home Complaints database Inclusive Development International et al. vs. S&P DJI Netherlands
Complaint

Inclusive Development International et al. vs. S&P DJI Netherlands

‘ESG’ indexes’ irresponsible investments in companies linked to gross human rights abuses by Myanmar’s military

Date filed
12 February 2024
Keywords
Countries of harm
Current status
Filed
Sector
NCP

Allegations

On 12 February 2023, Inclusive Development International, ALTSEAN-Burma, and Blood Money Campaign of Myanmar filed complaints against MSCI Inc., FTSE International Limited (FTSE Russell), and S&P DJI Netherlands B.V. and S&P Dow Jones Indices, leading providers of investment indexes for Environmental, Social, and Governance (ESG)-focused investing, to the US, UK, and Dutch NCPs. The companies construct indexes (lists) of companies they consider to be rated highly on ESG factors, resulting in the inclusion of those companies on ESG-labelled investment funds considered by investors as socially responsible. The complainants allege that the companies have failed to uphold their human rights due diligence responsibilities and failed to exercise leverage over companies listed on their ESG indexes to address gross human rights impacts linked to their ties to Myanmar’s military. Since 2016, the military has undertaken a campaign of massacres and ethnic cleansing against the Rohingya people in Myanmar. In February 2021, the military took control of Myanmar in a coup, imprisoning opposition leadership and crushing democratic protests.

The complainants intend to compel the companies to conduct human rights due diligence in relation to companies (particularly those doing business in conflict-affected areas) that they rate and include on ESG indexes; exercise their leverage on companies enabling abuses in Myanmar that are listed on their indexes to urge them to sever their ties or otherwise remove them from their indexes; align their ESG products and operations with human rights standards in the Guidelines; and establish effective grievance mechanisms to enable external stakeholders,  including communities adversely impacted by corporate activities, to raise concerns directly about companies they rate and list on their ESG indexes.

The complaints are filed under both the 2011 and 2023 versions of the OECD Guidelines in relation to the companies’ responsibilities prior to and continuing after the update of the text in June 2023.

Relevant OECD Guidelines

Outcome

The complaints against S&P DJI Netherlands B.V. and S&P Dow Jones Indices were jointly filed to the Dutch and US NCPs.

More details

Defendant
Company in violation
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Complainants
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Other NCP's where the complaint was filed

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