BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

the Guidelines and NCP system. Furthermore, the growing body of NCPs’ statements continues “to contribute, incrementally, to institutionalisation of transnational systems of multinational regulation; systems that will have legal effect whether or not this is law as classically understood.” 59 4. Recent developments in specific instances The Guidelines have in NCPs probably the most developed implementation mechanism of all instruments in the field of CSR and RBC. In combination with the new chapter on human rights, NCPs have since 2011 experienced a sharp rise particularly in the numbers of instances concerning human rights issues. Furthermore, there have recently been instances which prove the increasing relevance of the system. 4.1 BWI vs. FIFA A specific instance is the one that was submitted by the Building and Wood Workers’ International (BWI), a global trade union federation, against the Fédération Internationale de Football Association (FIFA) regarding construction of the infrastructure related to the 2022 FIFA World Cup in Qatar. 60 The complaint was presented to the Swiss NCP because FIFA is a non-governmental organisation established according to Swiss law and based in Switzerland. BWI alleged that FIFA failed to comply with the Guidelines in several aspects. They claimed the existence of human rights violations such as discrimination and unequal remuneration, non-payments of wages, charging of recruitment fees, occupational health and safety issues, restrictions on the freedom of association, detention of migrant workers, the lack of safe and decent accommodations, and issues related to access to remedy. 61 After considering several questions such as the identity of the parties, applicability of the Guidelines, and legal context and parallel proceedings, the Swiss NCP accepted this submission as a specific instance for further proceedings while offering its good offices. 62 After a mediation facilitated by an external professional mediator proposed by the Swiss NCP, FIFA accepted “its responsibility to mitigate risks and aimed to build and exercise its leverage whenever possible with all relevant actors in Qatar to contribute to ensuring decent and safe working conditions […].” 63 FIFA also recognised that there is room for improvement in addressing the situation of migrant workers. Both sides agreed to strengthen their collaboration and reach out to other relevant stakeholders in collaboration with the competent authorities. In addition, specific measures were taken to improve the situation regarding electronic payments. An important aspect of the 59 BACKER, p. 305. 60 Final Statement by the Swiss National Contact Point for the OECD Guidelines for Multinational Enterprises: Fédération Internationale de Football Association (FIFA) , 2 May, 2017 [hereinafter NCP FIFA Final statement ]. 61 Initial Assessment by the Swiss National Contact Point for the OECD Guidelines for Multinational Enterprises: Fédération Internationale de Football Association (FIFA) , 13 October, 2015, p. 1-3. 62 Ibid, p. 7, 63 NCP FIFA Final statement , p. 3.

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