| CNV Internationaal, SOLIFONDS, and Andaychagua Mining and Metal Workers Union of Volcan Compañía Minera & Glencore International AG | |
|---|---|
| Lead NCP | Switzerland |
| Supporting NCP(s) | Peru |
| Description | Specific instance alleging a non-observance of the OECD Guidelines. |
| Theme(s) | General policies, Human rights, Employment and industrial relations |
| Date | 26 May 2023 |
| Host country(ies) | Peru |
| Source | NGO, Trade Union |
| Industry sector | Mining and quarrying |
| Status | Concluded |
| Summary | Read the Initial Assessment published on 20 February 2024: English Read the Final Statement published on 28 August 2024: English On 26 May 2023, the Swiss NCP received a submission from the trade unions CNV International, the Swiss Trade Union Confederation and Andaychagua Mining and Metal Workers Union of Volcan Compañía Minera and of mediation services providers to Volcan Compañía Minera – Andaychagua, and the Swiss NGO, SOLIFONDS, alleging that a Swiss multinational commodity trading and mining company, Glencore International AG, had not observed the General Policies (Chapter II), Human Rights (Chapter IV) and Employment and Industrial Relations (Chapter V) provisions of the Guidelines. Specifically, the issues raised include insufficient due diligence by the company regarding its shareholding in Volcan, a local mining company in Peru. According to the submitting Parties, the subsidiary is violating the right of employees to negotiate their terms and conditions of employment and to form and join trade unions of their choice. On 20 February 2024, the NCP published an initial assessment deciding to accept the case for further examination. The NCP will move to offer its good offices to the parties, focusing potential mediation on Glencore’s due diligence process, including its engagement with Volcan. Glencore agreed to engage in mediation under certain conditions however, on 6 May 2024, Glencore informed the NCP about its divestment from Volcan. On 28 August 2024, the NCP published a final statement concluding the specific instance without agreement between the parties. Given that the submitting parties intended to discuss forward-looking solutions to the issues raised, and Glencore no longer holds shares in the Peruvian mining company, the NCP considered it was no longer suitable to continue the NCP process involving Glencore. The NCP recommended that Glencore inform the new owner of the Volcan shares about the recommendations of the Guidelines on collective bargaining, as well as on the ongoing proceedings pending at the Peruvian NCP. #nationallaw #contributed #riskmanagementsystem #duediligence #labourrights #FACB #vulnerableworkers #extractives #mining #coordination #localsubsidiary #ILOtripartitedeclaration #ILOconventions |
