Read the Final Statement published 26 April 2023: English

On 7 November 2022, 7 local suppliers of Pharmakina S.A. (Mr. Chishali Matabaro, Mr. Mungu Akonkwa Chishibanji, Mr. Mutayongwa Kashosi, Mr. Chishesa Mushizi, Mr. Basirike Chigaruka Byamungu, Mr. Muguma Arhahama Zihalirwa and Mr. Mugula Cleophas) submitted a specific instance to the Dutch NCP alleging that ING Groep N.V., a Dutch multinational banking and financial services cooperation, and its Belgian subsidiary, ING Belgium S.A., had not observed the General Policies (Chapter II) provisions of the Guidelines.

The submitters stated that they provided bark on credit to Pharmakina S.A., an agro-industrial and pharmaceutical enterprise located in the DRC, as the main raw material from which the company produces quinine. The submitters alleged that Pharmakina does not respect the rights of suppliers from the local community, and has refused to pay for the bark since 2019, contributing to poverty in the community. The submitters stated that ING Belgium S.A., offers payment services (a bank account) to their client Pharmakina for the international transactions related to the sale of quinine. According to the submitters, ING Groep N.V., in the context of its business relationship with Pharmakina S.A., through its subsidiary ING Belgium S.A., failed to carry out risk-based human rights due diligence in its supply chain.

On 26 April 2023, the NCP published a Final Statement deciding not to accept the submission for further examination. Although it recognised that the issues raised in the submission could lead to adverse impacts for the submitters, the NCP did not accept the specific instance as the issues raised and resulting adverse impacts did not fall under the scope of the Guidelines as they related to a commercial dispute between parties involved in a commercial relationship. The NCP therefore found that the handling of the specific instance would not contribute to the purposes of the Guidelines.