In January 2005, the government called on Royal Dutch Shell and Exxon Mobil to stop the practice of storing chemicals at and below their facilities in Brazil and to help workers and local residents with health complaints arising from the high concentrations of chemicals and heavy metals in their blood.
The complainants charge the companies have demonstrated little concern for their own employees and local residents.
This case was filed simultaneously with the complaint concerning Shell’s Pandacan oil depot in the Philippines (see: Fenceline Community, FOE NL vs. Shell).
Relevant OECD Guidelines
- Version 2000 Chapter II
- Version 2000 Chapter II Paragraph II.1
- Version 2000 Chapter II Paragraph II.5
- Version 2000 Chapter V
- Version 2000 Chapter V Paragraph V.1 Subparagraph V.1.A
- Version 2000 Chapter V Paragraph V.1 Subparagraph V.1.B
- Version 2000 Chapter V Paragraph V.1 Subparagraph V.1.C
- Version 2000 Chapter V Paragraph V.3
- Version 2000 Chapter V Paragraph V.4
In June 2006, the Brazilian NCP conducted an initial assessment and accepted the complaint as a specific instance. The Dutch NCP also wrote to the Brazilian NCP and “offered its assistance in the handling of the instance’’ by providing suggestions on how it would handle the case and declaring it would closely follow the case.
In its 16 October 2006 response, Exxon claimed that it was a minor partner in the Brazilian consortium accused of the violations and that Shell, as the lead partner and “facility operator”, should be responsible for responding to the allegations in the complaint. The NCP accepted this argument and thus dismissed the case against Exxon.
- Company in violation
- Affected people
- Other NCP's where the complaint was filed
- Date rejected / concluded
- 16 October 2006