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Lumière Synergie Développement and Takkom Jerry & Nykomb Synergetics Development AB
Lead NCPSweden
Supporting NCP(s)
DescriptionSpecific instance alleging a non-observance of the OECD Guidelines.
Theme(s)General policies, Human rights, Environment
Date7 May 2015
Host country(ies)Senegal
SourceNGO
Industry sectorElectricity, gas, steam and air conditioning supply
StatusConcluded
Summary

Read the Initial Assessment published 3 December 2015: English
Read the Final Statement published 14 May 2020: English


On 7 May 2015, Lumière Synergie Développement and Takkom Jerry, two NGOs, submitted a specific instance to the Sweden NCP alleging that Nykomb Synergetics Development AB, a Stockholm-based investment company that develops electrical power plant projects, had not observed the General Policies (Chapter II), Human Rights (Chapter IV), and Environment (Chapter VI) provisions of the Guidelines. Specifically, issues relate to the construction of a coal-fired power plant in Senegal, a project with alleged human and environmental impacts. The submitters claimed that Nykomb has not engaged meaningfully with local communities and that community members that have been impacted by the project and resettled have not been compensated.

The African Development Bank, the West African Development Bank and the Netherlands Development Finance Company (FMO) were also involed in financing the project. An impact assessment was made by the African Develpopment Bank in 2009. The NGOs also filed complaints with the complaints mechanisms of the African Development Bank and of FMO.

On 3 December 2015, the Swedish NCP published an initial assessment deciding to accept the specific instance for further consideration. The NCP held consultations with each party seperatly and together.

On 14 May 2020, the Swedish NCP published a final statement concluding the case without agreement between the parties. The NCP decided to delay publishing their final statement until receiving the results of the complaints filed with the banks. The NCP notes efforts from the company to improve the situation. The outcome of the complaint filed with the African Development Bank included recommendations from its own independent review mechanism, ultimately triggering a process to resolve the submitter’s main concerns. The assessment of FMO by its own independent complaint mechanism noted non-compliance with company policies. FMO acknowledged a lack of due diligence on their part, particularly concerning environmental and social impacts. The company review mechanism will continue to monitor the situation for improvements.