Read the Final Statement published by the NCP 17 November 2022 – English | Spanish 

On 20 January 2021, a group of individuals submitted a specific instance to the Chilean NCP alleging that a foreign mining company, through its Chilean subsidiary, had not observed the Human Rights (Chapter IV) and Employment and Industrial Relations (Chapter V) provisions of the Guidelines. The Chilean subsidiary operated a port to export its mining products in the Antofagasta region of Chile. Specifically, issues concerned the death of a worker at the Chilean subsidiary who, allegedly, was made to work in unsafe conditions and against medical advice relating to a previous injury. The allegations further noted inadequate medical attention following an accident, contributing to the death of the worker.

The submission noted a previous assessment by the Antofagasta Regional Ministerial Health Secretariat, which concluded that the subsidiary company did not maintain appropriate health and environmental conditions in the workplace.

On 24 June 2021, the submitters informed the NCP of their decision to withdraw from the specific instance process as they had reached agreement with an enterprise involved in the incident, different from that mentioned in this specific instance.

On 17 November 2022, the Chilean NCP published a final statement including recommendations for the company to implement risk-based due diligence, encourage the implementation of RBC and due diligence principles in the actions of its business partners, and strive to prevent or mitigate adverse impacts.

The NCP considers the specific instance to be concluded and has not reported plans for a follow up.

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