Read the final statement issued by the Brazilian NCP concluding the specific instance – 2008

On 8 May 2006, the Brazilian NCP received a request for review by the NGO Green Alternative Collective (CAVE) and the Mineral and Oil Derivatives Workers Trade Union in the State of São Paulo (SIPETROL) alleging that Empresa Shell Brasil, a transnational corporation headquartered in Holland, and Esso Brasileira de Petróleo, a multinational enterprise headquartered in the US, had breached the general policies and environment provisions of the Guidelines in Brazil.

On September 9, 2006, Shell informed the NCP that the subject of the request was before the courts. Furthermore, Shell clarified that the reports submitted by CAVE and SIPETROL dated from 2002 and 2003 and that the company had since adopted the measures required to improve work conditions in Vila Carioca, the region where the company operated. 

Despite the matters already being before the courts, the NCP felt that it could still play a role as forum for dialogue and requested the NGO and trade union list the issues not under judicial analysis which could be the object of negotiation between the parties. In addition, meetings and contacts were made with Shell in an effort to encourage it to develop activities targeted to the population of Vila Carioca, in the framework of its social responsible business initiatives.

In response the CAVE and SIPETROL detailed the main issues with regard to which an attempt at mediation could be initiated. Following this the NCP consulted with Shell regarding the possibility of initiating negotiations however the company replied that there was no possibility of negotiation, stating that all elements presented on the list were under judicial analysis. Given this reply, and the lack of co-operation by the company, the NCP concluded the specific instance and issued a final statement.