- Date filed
- 28 August 2020
- Keywords
- Countries of harm
- Current status
-
No resolution
- Sectors
- NCP
Allegations
On 28 August 2020, Lumière Synergie pour le Développement (LSD) and the Association of Women Fish Processors of Bargny Guedj filed a complaint with the Turkish NCP against Tosyali Holding Senegal (Tosyali). The complaint alleges that Tosyali, a Turkish company, violated Chapters II (General Principles), IV (Human Rights), and VI (Environment) of the OECD Guidelines through its plans to build a mining and steel complex on lands currently used by women fish processors at the Khelcom site in Senegal. The complaint asserts that Tosyali did not undertake an adequate human rights due diligence process to assess the risks that its operations will pose, including specifically to the women fish processors. Of note, Tosyali failed to carry out an Environmental and Social Impact Assessment, submit a resettlement plan, and consult with the impacted community.
More than 1,500 women have been fighting for 10 years to defend their rights to free consent, to work, to dispose of their means of subsistence, and to a healthy environment in the face of the central project, the proposed 125 MW coal fired Sendou power plant. The complainants seek the good offices of the Turkish NCP to urge Tosyali Holding Senegal to comply with the OECD Guidelines, immediately stop its activities on the Khelcom site, and engage in dialogue with the women.
Relevant OECD Guidelines
Outcome
Upon receiving the complaint, the Turkish NCP notified the company. On 8 September 2020, Tosyali contacted the Turkish NCP, asserting it had signed a contract with a Senegalese consulting firm for conducting the environmental and social impact study (ESIA).
On 5 October 2020 and 29 March 2021, the Turkish NCP asserted that it had attempted to contact the complainants, but received no responses. Since the Turkish NCP was unable to reach the complainants, it contacted the Turkish Office of the Commercial Counsellor at Dakar and asked for their assistance. On 2 July 2021, the Office relayed an email from the complainant LSD, covering the latest developments on the case. The email reportedly stated that the parties were awaiting the finalisation of the ESIA and that the Ministry of Fisheries, representatives of Tosyali, and the Senegalese Agency for the Promotion of Investments and Major Constructions had met several times with the fish processing women of Khelcom to try to find common ground, but that disagreements remained over the location of the new site and accompanying measures.
On 27 August 2021, the Turkish NCP issued an initial assessment accepting the complaint, but declining to offer good offices at that time. The NCP committed to follow-up in six months on the independent dialogue underway between the parties to consider if good offices should be offered then.
On 16 August 2023, the NCP published its final statement. The statement outlines steps taken by the company, including the commissioning of an environmental and social impact study. The statement also includes the following information from the company: ‘APIX [Senegalese Agency for the Promotion of Investments and Major Constructions] has reserved 13 hectares site for the resettlement of the women and construction of football pitches that will be financed by Tosyalı. Furthermore, the Prefect of Rufisque, together with the Ministry of Fisheries and APIX, conducted several meetings with leaders of fishermen and women. The latter consented to the implementation of the project as the weather conditions usually affect their activities, particularly during the rainy season (3 months) when they cannot perform their fish smoking activities.’ In its final statement, the NCP decided to close the complaint in view of the ongoing dialogue between the company and complainants and the existence of a mutually agreed solution.
However, the complainants dispute the NCP’s final statement, particularly that an agreement has been concluded between the fisherwomen and Tosyali. They say that the community never approved the environmental and social impact study and refused to attend the February 2021 meeting with Tosyali referenced in the NCP’s final statement. The complainants say that the fisherwomen have not for economic and cultural reasons accepted their resettlement.
When contacted by OECD Watch in June 2024, the NCP stated that the draft final statement was shared with both parties for their feedback, but only the company responded. LSD disputes this and asserts that it did respond to the draft final statement. The NCP also stated that it invited both parties to the NCP’s November 2023 OECD Peer Review visit, and that members of LSD attended online. It was during that visit that the NCP learned about stakeholders’ non-approval of the plan. According to the NCP, it has sought to contact LSD to discuss their views for the purpose of a follow-up statement.
More details
- Defendant
- Company in violation
- Complainants
- Affected people
- Date rejected / concluded
- 16 August 2023