After the conclusion of the mediation, the National Contact Point (NCP) will issue a final statement.
Final statement process
The NCP’s final statement is either published after the conclusion of the initial assessment when rejecting a complaint or three months after the conclusion of mediation. It may explain why the NCP did not accept the complaint, discuss whether and what agreement was reached by the parties, or, if no agreement was reached, provide an overview of the issues raised and procedures followed.
Recommendations and determinations
Especially if parties do not reach an agreement, OECD Watch encourages NCPs to commit to including in their final statement:
- Recommendations to the company on aligning its future conduct with the OECD Guidelines and taking steps to remedy past harms (wherever applicable).
- Determinations on whether the company met or did not meet the standards in the OECD Guidelines. Determinations are useful as they clarify the meaning of the standards in the Guidelines and enable companies to understand and comply with them in the future. Determinations also increase companies’ accountability and can represent a form of remedy for complainants in terms of public validation of their experiences and concerns.
You should also ask the NCP to follow-up on any recommendations or determinations in a follow-up statement.
Consequences
Some NCPs are also able to ask other government ministries to apply consequences to companies that did not participate in the process in good faith. If you feel this is the case in your complaint, we encourage you to ask the NCP to seek such consequences. You can check OECD Watch’s evaluations of NCP effectiveness to see whether the NCP has a practice of doing this.
We consider recommendations, determinations, and consequences important to incentivise companies to negotiate in good faith and reach an agreement. NCPs should make clear before the complaint begins that they will issue recommendations and determinations and seek consequences whenever applicable.
Role of complainants
As a complainant, you may be asked to comment on a draft final statement. Make sure the final statement accurately represents your position and sentiment towards the complaint process. Feel free to urge the NCP to include in the final statement recommendations, determinations, a request for consequences, and a commitment to engage in follow-up.
You should also feel free to publish your own statement on the case proceedings and outcome alongside the NCP’s statement.
Complainants often have questions about how much they may communicate about the case during the final assessment stage. We have developed guidance on transparency and confidentiality by complainants and companies during the NCP complaint process.
Role of companies
Because the OECD Guidelines are not binding on companies, they can choose not to engage in the final statement stage or complaint process overall. However, if they do engage, they may also be asked to comment on a draft final statement.
