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Olephiri Franklin Igoma of the Aminigboko Community, Nigeria & Daewoo Engineering and Construction Co., Ltd. and Daewoo Nigeria Limited
Lead NCPKorea, Republic of (South)
Supporting NCP(s)
DescriptionSpecific instance alleging a non-observance of the OECD Guidelines.
Theme(s)Concepts and principles, General policies, Disclosure, Employment and industrial relations, Environment
Date25 Dec 2020
Host country(ies)Nigeria
SourceIndividuals
Industry sectorConstruction, Real estate activities, Water supply; sewerage, waste management and remediation activities
StatusNot accepted
Summary

Read the Initial Assessment published 28 September 2021: English


On 30 December 2020, the Korean NCP received a specific instance from Olephiri Franklin Igoma, an individual from the Aminigboko Community in Nigeria, alleging that Daewoo Engineering & Construction Co., Ltd. and Daewoo Nigeria Limited, a Korean construction company and its Nigerian subsidiary, had not observed the Concepts and Principles (Chapter I), General Policies (Chapter II), Disclosure (Chapter III), Employment and Industrial Relations (Chapter V), and Environment (Chapter VI) provisions of the Guidelines. Specifically, issues relate to the violation of indigenous people’s rights in the construction of natural gas facilities, under the project management of Shell Petroleum Development Company of Nigeria Limited (SPDC), wherein the construction company declined to engage with the landowners, and operated without conducting an environmental impact assessment. The Dutch NCP is currently handling a related specific instance against SPDC involving the Aminigboko Community (link).

On 28 September 2021, the Korean NCP published an initial assessment deciding not to accept the case for further consideration. Parallel proceedings are underway in the form of litigation in Nigerian courts to determine the power of representation in the Aminigboko Community. Given this and the fact that SPDC has already declined to participate in the procedure with the Dutch NCP, the Korean NCP has determined that continuing to review the case would not contribute to the purpose and effectiveness of the Guidelines.

The company has stated that it has already established and implemented capacity building activities and environmental policies in addition to consultations with the local community. The Korean NCP still recommends the company to provide explanations of the issues raised to the respondent in good faith.