Home Complaints database EarthRights and Myanmar civil society organisation vs. MTI Energy Inc
Complaint

EarthRights and Myanmar civil society organisation vs. MTI Energy Inc

Corruption and contribution to human rights abuses in Myanmar by MTI Energy

Date filed
14 September 2023
Keywords
Countries of harm
Current status
Filed
Sector
NCP

Allegations

On 14 September 2023, EarthRights International and a Myanmar civil society organisation (anonymised for security reasons) filed a complaint against Canadian oil company MTI Energy Inc to the Canadian and UK NCPs. The complaint relates to MTI Energy’s planned investment through its subsidiary, Et Martem Holdings – registered in Bermuda, a British Overseas Territory – in the Yadana fossil gas project in Myanmar through its agreement to purchase Chevron Corporation’s 41.1% stake in its joint venture with the Myanmar government.

In February 2021, the Myanmar military launched a military coup, preventing a democratically elected government from taking office and committing crimes against humanity, war crimes, and other human rights abuses. The military regime and its State Administration Council (SAC) remain widely unrecognised as the Myanmar government. The complainants say that revenues from the Yadana project joint venture will flow via the government’s agency Myanmar Oil and Gas Enterprise (MOGE) to the military junta to fund its atrocities.

The complainants argue that MTI Energy has breached the OECD Guidelines in five ways:

  1. Improper involvement in political activities in breach of the 2011 and 2023 Guidelines (Chapter II, A.15).
  2. Corrupt acts in breach of Myanmar law and the 2011 and 2023 Guidelines (Chapter VII 2023; Chapter VII paragraph 74 commentary 2011; Chapter I, paragraph 2 2011/2023). These breaches will become more serious if it completes its acquisition.
  3. If the acquisition is completed, contribution to human rights abuses in breach of the 2023 Guidelines (Chapter II; Chapter IV paragraph 2).
  4. Even if the acquisition is not completed, contribution or at least direct linkage to human rights impacts by its business relationships under the 2011 Guidelines (Chapter IV paragraph 3; Chapter II paragraph 2).
  5. Failure to conduct enhanced due diligence (including meaningful stakeholder engagement) or ignored its due diligence findings, which is especially important in conflict situations, in breach of the 2011 Guidelines (Chapter II paragraph 10; Chapter IV paragraph 5; Chapter III paragraph 1).

The complainants request for the NCPs to expedite the complaint due to the situation in Myanmar.

The complaint is filed under both the 2011 and 2023 versions of the OECD Guidelines.

Relevant OECD Guidelines

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