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Indigenous community & foreign mining company
Lead NCPChile
Supporting NCP(s)
DescriptionSpecific instance alleging a non-observance of the OECD MNE Guidelines.
Theme(s)General policies, Human rights, Environment
Date3 Feb 2021
Host country(ies)Chile
SourceOther interested parties
Industry sectorMining and quarrying
StatusNot accepted
Summary

Read the Final Statement published by the NCP on 27 June 2023: Spanish


On 3 February 2021, an indigenous community submitted a specific instance to the Chilean NCP alleging that a foreign mining company had not observed the General Policies (Chapter II), Human Rights (Chapter IV) and Environment (Chapter VI) provisions of the Guidelines. Specifically, the issues concerned a lack of good faith engagement by the company with the indigenous community in relation to its extraction projects.

On 28 April 2021, prior to the NCP’s completion of its initial assessment, the submitter informed the NCP of their request to withdraw from the specific instance process due to reaching an agreement with the company outside of the NCP process.

On 27 July 2023, the NCP published its Final Statement deciding not to accept the case for further examination given that the issues were addressed and the case was withdrawn prior to the initial assessment of the NCP. The NCP nevertheless recommended that the company:

  • Apply standards of RBC and risk-based due diligence
  • Promote meaningful engagement with stakeholders
  • Encourage business partners to apply standards of RBC and due diligence in accordance with the Guidelines.

#stakeholderengagement #indigenousrights #mining #agreement #recommendations