The OECD Guidelines for Multinational Enterprises (Guidelines) have unique potential to strengthen the global system of corporate governance and provide access to remedy for the victims of corporate misconduct. But how effective were NCPs in terms of providing effective access to remedy in 2018? OECD Watch is today releasing a briefing paper which explores this question: “The State of Remedy under the OECD Guidelines, Understanding NCP cases completed in 2018 through the lens of remedy”.

In 2018, NCPs globally concluded 12 OECD Guidelines cases filed by NGOs or communities. The briefing paper identifies and analyses the outcomes of those 12 cases to identify what challenges complainants may have faced in accessing remedy through NCPs. This briefing paper serves as a remedy-focused supplement to the 2018 NCP Annual Report prepared by the OECD secretariat.

The briefing paper shows that of the 12 cases concluded in 2018, only two resulted in some form of remedy for complainants, such as an acknowledgement of wrongdoing in the form of a determination of a company’s breach of the Guidelines, or an agreement to improve company policies. In the other 10 cases, no remedy-related outcome whatsoever was achieved for the victims of corporate misconduct.

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