Society for Threatened Peoples Germany vs. Tüv Süd

Date filed

30 December 2020

Keywords

Countries of harm

Brazil

Current status

Agreement

Sector

Other

NCP

NCP Germany

Allegations

On 30 December 2020, Society for Threatened Peoples (Gesellschaft für bedrohte Völker (GfbV)), representing two Indigenous groups (Pataxó and Pataxó Hã-Hã-Hãe) filed a complaint against Tüv Süd, a German company in the industrial sector, to the Brazilian and German NCPs. The complaint was filed in connection with the collapse of a dam near the Brazilian municipality of Brumadinho in January 2019. TÜV SÜD Bureau de Projetos e Consultoria Ltda (TSB), part of the TÜV SÜD group, had produced stability declarations on the dam before its collapse, the effects of which severely affected the Indigenous populations of the Pataxó and the Pataxó Hã-Hã-Hãe. The complainant alleged non-observance of the the General Policies, Disclosure, Human Rights and Environment chapters.

Relevant OECD Guidelines

Outcome

According to the Brazilian NCP, throughout the first half of 2021, the Brazilian and German NCPs worked together to clarify the intention behind the complainant submitting the case simultaneously to both NCPs. On 17 March 2021, the Brazilian NCP accepted the complaint for further consideration. However, on 29 June 2021, the complainants decided to have the case solely handled by the German NCP and requested the closure of the complaint filed to the Brazilian NCP. On 9 August 2021, the Brazilian NCP published a statement in which it closed the complaint. The complaint was thereafter handled by the German NCP.

On 5 May 2022, the German NCP partially accepted the complaint and offered the parties its good offices. The NCP only accepted the complaint with regard to the issues raised in the General Policies, Human Rights, and Environment chapters, but rejected the claims raised under the Disclosure chapter as unsubstantiated.

On 20 July 2023, the NCP published its final statement. An external mediator facilitated discussion between the complainants, which resulted in an agreement for a “catalogue of measures” encompassing “concrete measures and declarations of intent aimed at strengthening the rights of indigenous peoples in business contexts, at TÜV SÜD and at suppliers and clients of TÜV SÜD.” Further information about the agreement are not public. The parties agreed for the NCP to follow-up on the agreement about 12 months after the publication of its final statement.