- Date filed
- 29 July 2015
- Keywords
- Countries of harm
Allegations
With the support of Greenpeace Indonesia and Friends of the Earth Japan, 23 community leaders united in Paguyuban UKPWR filed a complaint against ITOCHU and J-Power for violations committed by Bhimasena Power Indonesia (BPI), the joint-venture they established to construct and operate a coal-fired power plant in Batang, Central Java, Indonesia.
Community members resist giving up their land for the construction of the project and fear the project’s impact on their income and livelihoods, agricultural land, and fishing grounds. Community members have already experienced intimidation and violence and faced, among other things, wrongful and arbitrary arrests and unfair trials.
The complainants alleged that BPI and its shareholders ITOCHU and J-POWER have not carried out comprehensive human rights and environmental due diligence, and have not engaged in meaningful consultation with all affected communities to identify the full scope and severity of potential human rights, social, and environmental impacts.
The complainants ask the Japanese NCP to help ensure that the plant’s construction process does not involve any further manipulation, coercion, intimidation, or violence towards the local community, and to help farmers and community members receive appropriate rehabilitation or remediation for the damages and negative impacts experienced. The complainants request that the NCP establishes independent assessment of the case through fact finding. The complainants also hope the NCP process will lead to disclosure of important information on health and safety risks.
Relevant OECD Guidelines
- Chapter I
- Chapter I Paragraph 2
- Chapter II
- Chapter II Paragraph A10
- Chapter II Paragraph A11
- Chapter II Paragraph A14
- Chapter IV
- Chapter IV Paragraph 1
- Chapter IV Paragraph 2
- Chapter IV Paragraph 5
- Chapter IV Paragraph 6
- Chapter VI
- Chapter VI Paragraph 2 a
- Chapter VI Paragraph 2 b
- Chapter VI Paragraph 3
Outcome
On 28 June 2016, the Japanese NCP accepted the complaint in its initial assessment. The NCP does not publish its initial assessment for specific instances it accepts for further examination.
More details
- Defendant
- Company in violation
- Other companies involved
- Complainants
- Affected people