- Date filed
- 28 June 2004
- Keywords
- Countries of harm
- Current status
-
No resolution
- Sector
- NCP
Allegations
In October 2002, a United Nations Panel of Experts accused 85 OECD-based companies of violating the Guidelines for their direct or indirect roles in the illegal exploitation of natural resources in the Democratic Republic of Congo (DRC). The Panel alleged that “elite networks” of political and military elites and businesspersons fueled the conflict in order to retain their control over the country’s vast natural resources. Complaints were filed against several UK companies who were operating in the DRC at the time investigated by the Panel.
Relevant OECD Guidelines
- Version 2000 Chapter II
- Version 2000 Chapter II Paragraph II.11
- Version 2000 Chapter II Paragraph II.2
- Version 2000 Chapter III
- Version 2000 Chapter III Paragraph III.3
- Version 2000 Chapter III Paragraph III.4 Subparagraph III.4.A
- Version 2000 Chapter III Paragraph III.4 Subparagraph III.4.B
- Version 2000 Chapter III Paragraph III.4 Subparagraph III.4.C
- Version 2000 Chapter III Paragraph III.4 Subparagraph III.4.D
- Version 2000 Chapter III Paragraph III.4 Subparagraph III.4.E
- Version 2000 Chapter III Paragraph III.4 Subparagraph III.4.F
- Version 2000 Chapter III Paragraph III.4 Subparagraph III.4.G
- Version 2000 Chapter IX
- Version 2000 Chapter IX Paragraph IX.1
- Version 2000 Chapter V
- Version 2000 Chapter V Paragraph V.6 Subparagraph V.6.A
- Version 2000 Chapter V Paragraph V.6 Subparagraph V.6.B
- Version 2000 Chapter V Paragraph V.6 Subparagraph V.6.C
- Version 2000 Chapter V Paragraph V.6 Subparagraph V.6.D
- Version 2000 Chapter VI
- Version 2000 Chapter VI Paragraph VI.1
- Version 2000 Chapter VI Paragraph VI.5
Outcome
In July 2004, the UK NCP accepted the complaint; however, RAID was prohibited from taking part in the negotiation process for one year while the NCP engaged in extensive discussions with Oryx. Most of the complaint was rejected on the grounds that a UN Panel had resolved the issue.
The NCP insisted RAID re-submit its complaint in April 2005. RAID was allowed to participate in the proceedings in April 2005, but under very restrictive and summary procedures. RAID was able to comment on the NCP’s draft statement, which was the only area in which the UK NCP followed the Guidelines’ complaint procedures. The majority of issues raised in the complaint were disallowed by the NCP on grounds that they had been “resolved” by the UN Panel. The final statement was highly unsatisfactory for the complainants and did not incorporate any of its recommendations.
More details
- Defendant
- Company in violation
- Other companies involved
- Complainants
- Affected people
- Date rejected / concluded
- 1 June 2005
Related complaints
- RAID vs. Alex Stewart (Assayers) Ltd
- RAID vs. Ridgepoint
- RAID vs. Avient
- RAID vs. Das Air
- RAID vs. Tremalt