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Indigenous people’s representatives & Statkraft AS
Lead NCPNorway
Supporting NCP(s)Chile
DescriptionSpecific instance alleging a non-observance of the OECD MNE Guidelines.
Theme(s)Concepts and principles, General policies, Disclosure, Human rights, Environment
Date14 Sep 2023
Host country(ies)Chile
SourceOther interested parties
Industry sectorConstruction, Electricity, gas, steam and air conditioning supply
StatusIn progress
Summary

Read the Initial Assessment published on 19 September 2024: English


On 14 September 2023, Aylla Rewe of the Ngen Mapu Kintuantü and ancestral authorities, the Machi Millaray Huichalaf, spiritual authority of the Mapuche people, and the council of Ionkos on behalf of a wide range of Mapuche-Williche communities in the Pilmayken territory (Southern Chile), submitted a specific instance to the Norwegian NCP alleging that Statkraft AS, a Norwegian renewable energy company, and their Chilean subsidiary, Statkraft Chile, had not observed the Concepts and Principles (Chapter I), General Policies (Chapter II), Disclosure (Chapter III), Human Rights (Chapter IV), and Environment (Chapter VI) provisions of the Guidelines. Specifically, the submitter alleged 1) failure to meaningfully engage with stakeholders, 2) failure to disclose adequate information with regards to its ongoing projects, 3) inadequate risk-based due diligence, 4) failure to identify, assess and mitigate environmental impacts and 5) facilitation of adverse environmental and human rights impacts, including failure to prevent reprisal.

On 19 September 2024, the NCP published an initial assessment deciding to partially accept the specific instance for further examination. The NCP considered that some issues fell outside of the scope of the Guidelines, and some were subject to parallel proceedings by Chilean government bodies. The accepted issues concern due diligence and meaningful stakeholder engagement, as well as the assessment of environmental impacts and disclosure.

The NCP has made an offer of good offices, which both parties have accepted.


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