BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)
Rights. 71 Regarding the confidential part, there are reports suggesting that monetary compensation was awarded to the former employees. 72 5. Conclusion The OECDGuidelines are one of the leading instruments for CSR and RBC concepts, particularly with their own non-judicial mechanism – the NCPs. Despite remaining voluntary for MNEs and being not legally enforceable, the Guidelines are one of the few State-based, non-judicial remedy systems for addressing business-related human rights abuses, consistent with the UN Guiding Principles on Business and Human Rights. An important step in this respect was the inclusion of Chapter IV on human rights in 2011. Aligned with that of the UN Guiding Principles on Business and Human Rights, the Guidelines reflect relevant recommendations, reports, and other material and input from the Office of the United Nations High Commission for Human Rights. Many National Action Plans on Business and Human Rights/RBC (NAPs) for business and human rights also mention the NCP as an important non-judicial grievance mechanism, and some of the NAPs have adopted actions to strengthen the NCPs. For example, eight of the 15 NCPs completed a NAP by the end of 2017. All of these NAPs include references to both the Guidelines and NCP mechanism. The NAP can contribute to the visibility of a NCP and give a national character to NCP operations. Additionally, five of the selected NCPs reported NAPs in progress. 73 Statements of G20 74 and G7 75 also mention the importance of strengthening the NCPs. It is thus logical that the system of NCPs is an essential element of this instrument and in a broader sense, a part of emerging “alternative governance structures” for MNEs production chain systems. 76 Not only are the NCPs required to promote the Guidelines, but they must also deal with complaints against MNEs that have allegedly failed to adhere to the Guidelines’ standards, including human rights. The active role of NCPs contributes to development, which transforms the nature of the OECD Guidelines. Pressure stemming from complains and public attention and scrutiny, force adherent countries to implement and observe the OECD Guidelines. Through mediation or offer of their good offices, NCPs can help facilitate agreements between parties which may even result into a direct remedy to victims of the adverse impact of business operations. Recent specific instances, such as the ones concerning FIFA and Heineken, prove the increasing relevance of the NCP mechanism in human rights protection. The two recent 71 Ibid, p. 5-6. 72 NIEUWENKAMP, R.: Beer, conflict and compensation: Heineken-Congo agreement, OECD Insights , 15 September 2017. Available at: http://oecdinsights.org/2017/09/15/beer-conflict-and-compensation- heineken-congo-agreement/ (accessed 23 December 2017). 73 OECD. Annual Report on the OECD Guidelines for Multinational Enterprises 2016 . OECD Publishing, 2017, p. 21-23. 74 G20 Leaders’ Declaration: Shaping an interconnected world, 8 July 2017. 75 Leaders’ Declaration G7 Summit, 7–8 June 2015. 76 BACKER, L. C.: Regulating Multinational Corporations: Trends, Challenges, and Opportunities, 22 Brown Journal of World Affairs , 2015, p. 165.
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