Ghislain Bahati Muhangaza & Citibank, N.A. | |
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Lead NCP | United States |
Supporting NCP(s) | |
Description | Specific instance alleging a non-observance of the OECD Guidelines. |
Theme(s) | Concepts and principles, General policies, Human rights, Employment and industrial relations, Science and technology, Taxation |
Date | 20 Apr 2021 |
Host country(ies) | Democratic Republic of the Congo |
Source | Individuals |
Industry sector | Financial and insurance activities |
Status | Not accepted |
Summary | Read the Final Statement published by the NCP on 21 December 2022: English On 20 April 2021, Ghislain Bahati Muhangaza, an individual, submitted a Specific Instance to the U.S. NCP alleging conduct inconsistent with the Concepts and Principles (Chapter I); General Policies (Chapter II); Human Rights (Chapter IV); Employment and Industrial Relations (Chapter V); Science and Technology (Chapter IX); Taxation (Chapter XI) provisions of the Guidelines, on the part of New York-headquartered financial company Citibank, N.A. (Citibank). Specifically, the submission concerned employment-related actions of a local company in the Democratic Republic of the Congo (DRC), Trust Merchant Bank S.A. (TMB), which previously employed the submitter. The submitter alleged that TMB’s termination of his employment was wrongful, and that TMB underpaid him upon his termination. The submitter’s allegation against Citibank is that it breached the Guidelines by its failure to execute due diligence and remediation in its ongoing business relationship with TMB. On 21 December 2022, the U.S. NCP published a final statement deciding that the issues raised by the submitter did not merit further examination, because the Guidelines do not normally cover an individual labor dispute such as that raised here. No follow up is planned. #nationallaw #directlylinked #riskmanagementsystem #remedy #duediligence #civilandpoliticalrights #ESCR #labourrights #FACB #digitalisationandpersonaldata #technology #taxevasion #retailbanking #investmentbanking #legitimateinterest #localsubsidiary #UNGPs #Internationalhumanrightstreaties #determination |