Read the press release issued by the Danish NCP 21 June 2023: English
Read the Final Statement published by the Danish NCP 6 May 2024: English

On 19 October 2021, former employees of the joint venture Douala International Terminal S.A (DIT), represented by the law firm NGALLE-MIANO and Associates, Mohamed DJENABOU Esq. & James F. EPO Esq., submitted a specific instance to the Danish NCP alleging that A.P. Moeller – Maersk (APMM), a Danish shipping and logistics company, operating through its subsidiary APM Terminals as part of the joint venture DIT in Cameroon, had not observed the Concepts and Principles (Chapter I), General Policies (Chapter II), and Employment and Industrial Relations (Chapter V) provisions of the Guidelines. Specifically, the submitters alleged insufficient due diligence on APMM’s business relationship with DIT. The submitter asserted that DIT imposed harsh working conditions, characterised as forced labour, on its workers. Further, the submitter alleged that after the ending of the concession agreement in 2019, DIT intentionally withheld the workers’ administrative documentation and that workers were embezzled of their shareholder rights.

On 3 December 2021, the Danish NCP adopted its initial assessment, deciding to accept the case for further examination. The NCP made an offer of good offices to the parties, which the company did not accept.

On 6 May 2024, the Danish NCP published a final statement concluding the specific instance without agreement between the parties. The Danish NCP determined that the parent company APMM did not sufficiently conduct due diligence from 2011 until the end of the concession agreement, based on the introduction of due diligence obligations in the 2011 version of the Guidelines. The NCP further determined that the company did not sufficiently use its leverage in its business relationship with DIT to prevent adverse impacts in accordance with the Guidelines. The assertion that APMM did not observe the Guidelines in regards to workers’ rights and working conditions was not substantiated.

The Danish NCP notes that APMM has evolved in its practices since the complaint was submitted, including the adoption of a Joint Venture (JV) Framework. Given that the company is no longer involved with DIT, the NCP did not make recommendations to APMM vis-à-vis DIT. The NCP nevertheless issued recommendations to the company, including to:

• Clearly communicate its due diligence process, including how it addresses potential and actual impacts and ensure follow up on such impacts. The NCP noted that with the 2023 update of the Guidelines, the understanding that risk-based due diligence entails a six-step framework has been further highlighted.
• Board members and management members appointed to JVs should be systematically trained in risk-based due diligence practices, as well as provided with tools and guidance on how to respond to actual or potential adverse impacts.
• Consider how to address the use of leverage in the JV Framework to promote responsible business conduct practices.
• Revise its JV Framework to include labour rights and human rights in alignment with the Guidelines.

The NCP plans to follow up on actions taken by the company to meet the recommendations one year after the publication of the final statement.

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