Instances - Organisation for Economic Co-operation and Development

Forum Suape Environmental Association, Conectas Human Rights, Fishermen colony of the city of Cabo de Santo Agostinho, and Both ENDS & Van Oord Marine Operations Services
Lead NCP	Brazil
Supporting NCP(s)	Netherlands
Description	Specific instance alleging a non-observance of the OECD MNE Guidelines.
Theme(s)	Disclosure, Environment, General policies, Human rights
Date	8 Jun 2015
Host country(ies)	Brazil
Source	NGO
Industry sector	Manufacturing
Status	Concluded
Summary	Read the Final Statement published 5 June 2020: English / Portuguese Read the Follow-up Statement published 27 December 2021: Portuguese In June 2015, the Brazilian NCP received a submission from several Brazilian NGOs alleging that Van Oord, a Dutch multinational enterprise, had breached the general policies, disclosure, human rights, and environment provisions of the Guidelines in Pernambuco/Brazil. The main allegations made by the NGOs were that the enterprise: Had failed to disclose relevant information in relation to the social, economic and environmental impacts of its operations, in particular for civil society and traditional communities living in the region; Operations would have adverse environmental impacts on the fish in the area of operations; Had not undertaken adequate due diligence or a proper assessment of these impacts. On 18 August 2015, after analysing the NGOs' request, the NCP concluded that the issues raised against Van Oord merited further examination and accepted the case. After two mediation meetings and the NGOs and Van Oord requested a meeting with the Port of Suape - Complexo Industrial Portuário Eraldo Gueiros - to propose that they should participate and share the costs of repair with Van Oord. After an unsuccessful attempt to meet with the Port of Suape, the two parties initiated a private mediation process and requested the Brazilian NCP to suspend the processing of the specific instance until the parties reported on the outcome of the private mediation. The private mediation achieved results and the Brazilian NCP announced it would close the case. Conectas has requested that the Brazilian NCP organise a final meeting between the parties so that they could report on the achievements of the mediation process and formally conclude the case in person. On 27 December 2021, the Brazilian NCP issued a follow-up statement. The NCP noted progress made towards the initial recommendations, such as the company’s willingness to evaluate the needs of fishermen affected by adverse impacts of the company. The NCP also notes shortcomings from the company, particularly surrounding the development of a proposal to address the health problems of the local population. The NCP will conduct a second follow-up by 30 June 2022 to address the ongoing and incomplete remedy of issues.