Complainants should have the right to request a procedural review if they feel the NCP has not followed its internal procedures correctly and fairly. This enables more predictable, impartial complaint-handling and helps strengthen the practices…
NCPs should always involve core stakeholders in their decision making on complaints. Complainants feel more trust in an NCP’s impartiality when its complaint-handling is guided by all three stakeholder groups evenly.
OECD Watch’s view, based on years of analysis, is that handling of cases by non-governmental (independent) experts has typically resulted in stronger outcomes and generated greater confidence among civil society. Examples of this include NCPs…
NCPs located in economics or trade ministries, especially in trade promotion ministries, are distrusted by civil society who perceive that their staff operate with an innate conflict of interest, working both to advance business activity…
Intimidation and reprisals against complainants can often prevent complainants from filing a complaint or from being able to participate fully in the process. Ensuring that the NCP has a robust policy and practice to address…
NCP processes should be as open, accessible, and affordable as possible, so that complainants from around the world can access and use the NCP mechanism. Complainants may have cost or security concerns that prevent them…
NCPs are strongest when they are regularly advised by all three core stakeholder groups, as this gives them access to wider expertise. Having a stakeholder advisory body can also increase stakeholders’ and complainants’ trust in…
Intimidation and reprisals against NCPs can result in complaints being incorrectly rejected or handled improperly. To ensure the accountability, predictability, and equitability and impartiality of the complaint process, NCPs should take a proactive approach to…
It is important that NCPs not allow companies to remain anonymous simply for reputational concerns. Anonymity must be used only in situations where there are security risks. Ensuring companies are publicly named can encourage the…
Transparency is a core criterion for NCPs and is critical to ensuring a predictable, impartial, and equitable complaint process. Complainants must have access to all information relevant to the complaint to avoid power imbalances. NCPs…