Share

Justicia y ReparaciĆ³n (on behalf of individuals) & Australian-based enterprise (mining sector) operating in Chile
Lead NCPAustralia
Supporting NCP(s)Chile
DescriptionSpecific instance alleging a non-observance of the OECD Guidelines.
Theme(s)Environment, Human rights
Date3 Sep 2021
Host country(ies)Chile
SourceBusiness
Industry sectorMining and quarrying
StatusConcluded
Summary

Read the Final Statement published by the NCP 23 March 2023: English


On 3 September 2021, Justicia y Reparación, a law firm with offices in Chile representing affected individuals, submitted a specific instance to the Australian NCP alleging that an Australian-based enterprise active in the mining sector and operating in Chile had not observed the Human Rights (Chapter IV) and Environment (Chapter VI) provisions of the Guidelines. Specifically, the issues related to adverse impacts of mining operations by the company in Chile.

The submitters requested that the enterprise develop a plan to address the damages and provide compensation to the affected individuals. The AusNCP coordinated with the Chilean NCP on this specific instance.

On 23 March 2023, the NCP published a final statement after the submitter requested the withdrawal of the complaint due to positive progress achieved in discussions outside of the NCP progress. The AusNCP considered that a further examination of the issues by the NCP would not be constructive. As the complaint was withdrawn due to a resolution of the issues outside of the NCP process, the AusNCP will not make a determination or recommendations in relation to the issues. No follow up is planned.


#ESCR #pollutionandwastemanagement #naturalresources #mining #coordination #confidentiality #localsubsidiary #agreement