The analytical material examines the practice of the Dutch National Contact Point in handling specific instances under the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct. The analysis is based on the Uber, Pluspetrol, Perfetti Van Melle and Stellantis cases, addressing labour rights, platform work, Indigenous Peoples’ rights, environmental and human rights risks, disclosure, taxation, responsible supply chains and due diligence.
Particular
attention is paid to the different procedural outcomes of specific
instances, including the provision of good offices and mediation,
further examination where the parties do not reach an agreement or a
company declines to engage in dialogue, the preparation of final
statements and recommendations, as well as situations where the
parties reach an agreement outside the formal NCP procedure. The
material also separately examines the Dutch NCP’s approaches to
meaningful stakeholder engagement, parent-company responsibility for
subsidiaries, the assessment of systemic risks in supply chains, and
cross-border coordination among NCPs from different countries.
The
material demonstrates that due diligence is not assessed merely by
the formal existence of corporate policies, but as an ongoing process
of identifying and assessing risks, engaging with affected
stakeholders, ensuring transparency, tracking the effectiveness of
measures taken, and addressing adverse impacts. It also presents
practical conclusions that may be used to further improve the work of
the Kazakhstan NCP, including strengthening the quality of case
handling, developing substantive analysis and final recommendations,
increasing the transparency of outcomes, and building a more
predictable responsible business conduct mechanism.
< ANALYTICAL BRIEF on the practice of the Dutch NCP in responsible business conduct cases >