OECD Guidelines case against Afrimex re Dem. Rep. of Congo - analysis by Jernej Letnar Cernic, Univ. of Aberdeen

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Article
23 January 2009

Global Witness v. Afrimex Ltd.: Decision Applying OECD Guidelines on Corporate Responsibility for Human Rights

Author: Jernej Letnar Cernic, doctoral candidate, Univ. of Aberdeen School of Law, in ASIL Insights (American Society of Intl. Law)

On August 28, 2008, the United Kingdom’s National Contact Point (UK-NCP) issued its decision in Global Witness v. Afrimex Ltd. In this case, Global Witness...alleged that Afrimex...violated the Guidelines for Multinational Enterprises of the Organization for Economic Development and Cooperation...by paying bribes to a rebel group in the Democratic Republic of the Congo (DRC) and purchasing minerals from mines in the DRC that employ child and forced labor. The UK-NCP agreed with the allegations of Global Witness and found Afrimex in violation of OECD Guidelines. This Insight analyzes this case and its importance for efforts to heighten corporate responsibility for the protection of human rights. [also refers to Societe Kotehca, SOCOMI (both part of Afrimex)]

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Article
10 November 2008

[PDF] Fit for Purpose? A Review of the UK National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises 2008

Author: Rights & Accountability in Development (RAID)

This report by RAID reflects the views and experiences of UK-based NGOs and unions about the work of the UK National Contact Point for the Organization for Economic Co-operation and Development (OECD) in giving effect to the OECD Guidelines for Multinational Enterprises... While the NCP mechanism is not a substitute for judicial processes that can establish civil and criminal liability, it does have the potential to contribute towards an improvement in the standards of behaviour of companies...Whatever the successes and limitations of the UK NCP there is one crucial area that will always remain beyond its powers and scope: access to a remedy. [refers to cases submitted to the UK NCP regarding companies including: Binani, Roan Antelope Mining Company Zambia (RAMCOZ), Anglo American, Konkola Mining Company (KCM), BP, British American Tobacco (BAT), De Beers, Oryx Natural Resources, Avient, Das Air, Tremalt, Bredenkamp, Alex Stewart Assayers, Ridgepointe Overseas Developments, A. Knight International, GSL (part of Group 4 Securicor), Coats Plc, PSA Peugeot, Unilever, Hindustan Lever (part of Unilever), Group 4 Securicor, Afrimex]

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