The analytical material examines the practice of the Norwegian National Contact Point in handling specific instances under the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct. The analysis is based on cases involving Norges Bank Investment Management (NBIM), Telenor, Aker BP/Aker ASA and Statkraft, addressing due diligence by institutional investors, responsible disengagement from high-risk countries, human rights in mergers and acquisitions, Indigenous Peoples’ rights and environmental risks.
Particular
attention is paid to the different approaches used by the Norwegian
NCP in resolving specific instances, including the provision of good
offices and mediation, agreements reached between the parties,
further examination where no agreement is achieved, the preparation
of final statements and recommendations, and follow-up monitoring.
The material also separately examines the use of available leverage
by companies and investors, engagement with rights holders and
stakeholders, access to remediation, cross-border coordination among
NCPs, and the handling of specific instances alongside parallel
judicial and administrative proceedings.
The
material demonstrates that due diligence should extend beyond a
company’s ongoing operational activities and cover investment
decisions, market disengagement, mergers and acquisitions,
contractual mechanisms, engagement with affected stakeholders, and
the assessment of environmental and human rights risks. It also
presents practical conclusions that may be used to further improve
the work of the Kazakhstan NCP, including i.organising mediation,
handling cross-border specific instances, assessing the use of
available leverage by enterprises, and conducting follow-up
monitoring of the implementation of recommendations.
<< ANALYTICAL BRIEF on the practice of the Norwegian NCP in responsible business conduct cases >>
