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ECCHR raises concerns about OECD Natl. Contact Point rulings & implementation of recommendations

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16 March 2015

NGO evaluation of German OECD National Contact Point procedures raises concerns about its partiality towards companies

Author: European Center for Constitutional and Human Rights (ECCHR)

"The OECD procedures regarding surveillance technology against Gamma and Trovicor and regarding working conditions in Asia against KiK, C&A and Karl Rieker", Mar 2015

While the legal requirements for judicial redress procedures at the international level have yet to be created, the OECD Guidelines for Multinational Enterprises...with their complaint mechanism on government level offer a soft law approach... a procedure, which can even out the structural imbalances between companies and stakeholders, is crucial to create a platform for constructive discussion regarding the interests of the plaintiffs and those of the company.In this paper, ECCHR evaluates the OECD procedures against the companies Gamma (United Kingdom) and Trovicor, KiK, C&A and Karl Rieker (Germany) regarding their trade in surveillance technique. We outline how the respective issues are regulated through the OECD Guidelines as well as through the procedural rules that are formulated by the National Contact Points for the handling of complaints in their country and how they are implemented in practice. The main criteria for the evaluation shall be the principles of transparency, impartiality and predictability...

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15 March 2015

Germany: NGO finds cotton traders fail to implement OECD National Contact Points' recommendations on forced labour in Uzbekistan

Author: European Center for Constitutional and Human Rights (ECCHR)

"The OECD procedures against cotton traders regarding forced child laborHow effective is the implementation of agreements and recommendations?", Oct 2014

In 2011, ECCHR had filed seven OECD complaints in Germany, Switzerland, France and UK. The complaints were addressed against trade houses which sourced cotton from Uzbekistan, which had been harvested through state organized forced labor of children and adults...[I]n six cases, we reached agreements with traders that they pursue with concrete measures to influence the Uzbek government to end forced and child labor. We have closely monitored the implementation of these measures over a period of about one and a half years. We have found that the traders were not willing to take truly effective means and that they did not fully meet the obligations they had committed to....after this implementation phase, there are additional lessons learnt from the OECD procedure that we would like to share. In particular, we want to address the question of how to ensure that the agreements reached in mediation are implemented sustainably and over the long-term...

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