Read the Initial Assessment published 10 January 2022: English

On 18 January 2021, Global Legal Action Network (GLAN), an NGO, submitted a specific instance to the NCPs of the United Kingdom, Switzerland, and Australia, alleging that Anglo American (UK based global mining company), Glencore International AG (A Swiss global mining and commodity trading company), and BHP Group Limited (An Australian global mining company), had not observed the General Policies (Chapter II), Disclosure (Chapter III), Human Rights (Chapter IV), and Environment (Chapter VI) provisions of the Guidelines. Specifically, the submitter alleges that the companies have caused adverse human rights and environmental impacts; have failed to carry out adequate due diligence; and have failed to disclose material information about the impacts of their operations. Additionally, the issues relate to alleged negative impacts on the health and living environment of the local population, caused by the operation and activities of the Cerrejón Mine.

After coordination with the other NCPs included in the submission, it was decided that each NCP would handle a specific instance relating to the company headquartered in their country. Therefore, the Swiss NCP is responsible for handling the case of Glencore International AG, the UK NCP will handle the case involving Anglo American, a British MNE with an indirect one-third shareholding in the companies which own and operate the Cerrejón mine, and the AusNCP will handle the case related to BHP Group Limited.

On 10 January 2022, the UK NCP published an initial assessment deciding to accept the case for further examination. The NCP notes that the accepted issues relate to Anglo American’s role as an investor, and not to issues raised regarding operations of the mine. The company has also announced that it will sell its one-third shareholding to Glencore International AG.

Given the impending sale of the British MNE to the Swiss MNE, the UK NCP has proposed the transfer of the specific instance to the Swiss MNE for joint mediation. The UK NCP will remain available to assist the Swiss NCP and handle issues relevant to the UK.