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Report

16 Mar 2015

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

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

"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...