The OECD Guidelines and the National Contact Points (NCPs):

Why are they relevant for Myanmar?

Kamilla H. Kolshus – NCP Norway4 March 2014, Yangon

Norwegian media reports

«What now, Telenor?»

“Telenor and Ooredoo have a real chance to show they are companies with human rights responsibilities embedded in the company’s DNA, and are committed to ensuring that their services are tools that can assist Myanmar’s transition to a democratic country respecting freedom of expression and privacy”. (IHRB comment June 2013)

Norwegian businesses visiting Myanmar 27 – 29 April 2014

Including session on: “How to Secure Responsible Business?”

All these expectations……

• From: governments (home and host), investors, civil society and other businesses (ref. supply chain)

• Follow the law• Not everything regulated in law (or being

implemented if regulated)• In abscence of law: follow international best

practice, including OECD Guidelines and UN Guiding Principles on Human Rights and Business

OECD Guidelines – who?All multinational businesses and investors from the 34 OECD countries + 12 other countries:

All sectors – regardless of where they operate, including in Myanmar. All these 46 countries have a National Contact Point (NCP)

The Norwegian NCP

Expert MembersIndependent with different backgrounds

SecretariatEmployed by Ministry of Foreign Affairs

NCPs = National Contact PointsThree main responsibilities:

1) Raise awareness of the GuidelinesGuidelines = tool for risk assessment, stakeholder engagement

2) Resolving complaints Guidelines = tool for non-legal conflict resolution

3) Collaboration with other NCPs and others

AssessmentMediation or examination

Final statement

Raising awareness

1) Talk to Norwegian companies:• Use the OECD Guidelines as a tool for risk assessment• Focus on «due diligence»:- What are the risks of your project? Internal: labour standards, corruptionExternal: look and understand the local context. Land, human rights, environment, safety, gender, livelihoods……- Which people may be affected, and how do you engage with them meaningfully?

2) Also talk to civil society, trade unions, governmental bodies, visitors from abroad

Jobs, investments, development

PROMOTE

Problems, exploitation, conflict

PREVENT

NCP as informal problem-solver

1) Raise awareness of the GuidelinesGuidelines = tool for risk assessment

2) Resolving complaints Guidelines = tool for conflict resolution

3) Collaboration with other NCPs and others

Assessme

nt

Mediation or examination

Final statement

Future In Our Hands vs. Intex Resources ASA

Concerning: Nickel project in Philippines. Human rights, indigenous peoples, environment (floods, pollution) and bribery. Result: The company rejected dialogue. The NCP concluded that Intex ASA was not in compliance with the Guidelines, recommended company to consult adequately with all potentially affected indigenous groups and share information on significant environmental risks in an understandable form and language

Jijnjevarie Saami Village vs. Statkraft

Concerning: Primarily human rights. Indigenous community in Sweden claims that a wind power project will affect their ability to live of reindeer herding. Not enough sufficient meaningful consultations.

Status: External mediator hired to facilitate dialogue.

www.responsiblebusiness.no