Home Complaints database Former employees of the Joint Venture Douala International Terminal S.A. vs. A.P. Moeller – Maersk A/S
Complaint

Former employees of the Joint Venture Douala International Terminal S.A. vs. A.P. Moeller – Maersk A/S

A.P. Moeller-Maersk’s practises of forced labour in Cameroon

Date filed
19 October 2021
Keywords
Countries of harm
Current status
No resolution
Sector
NCP

Allegations

On 19 October 2021, over 300 former employees of the joint venture Douala International Terminal S.A. (DIT) filed a complaint against shipping company A. P. Moeller – Maersk A/S (APPM) to NCP Denmark. The complaint relates to APPM’s joint venture with French company Bolloré regarding the port of Douala-Bonaberi in Cameroon. DIT’s operation of the port started in 2005 and ended in 2019, and APPM ceased to have shared in DIT in June 2022.

The complainants allege that APMM did not comply with the OECD Guidelines during its engagement in DIT, including that APMM did not exercise due diligence on its business relationship with DIT, that DIT imposed harsh working conditions on its workers, which they characterised as forced labour, and that the workers were embezzled of their shareholder rights.

Relevant OECD Guidelines

Outcome

On 21 June 2023, the Danish NCP preliminarily accepted the allegations concerning APMM’s due diligence and labour rights violations. The NCP encouraged the parties to initiate a bilateral dialogue, which APMM declined. The NCP then undertook a preliminary investigation, following which it dismissed the allegations of forced labour (on the basis that the allegations were unfounded) and embezzlement of shareholder rights (on the basis that it had no competency to assess the relevant agreement or a company’s compliance with corporate law). Other aspects of the complaint were accepted for further examination. The NCP offered its good offices to the parties, which APMM rejected. Accordingly, the Danish NCP initiated an investigation of the complaint.

On 6 May 2024, the Danish NCP published its final statement. The NCP made several determinations:

  • APMM’s due diligence: The provided documentation did not substantiate non-observance by APMM of the Guidelines between 2004-2011, but from 2011, APMM did not carry out risk-based due diligence to identify, prevent, and mitigate actual and potential adverse impacts and account for how these impacts were addressed.
  • APMM’s leverage in DIT: APMM had a substantial degree of leverage in DIT which it was expected to use. However, APMM did not sufficiently encourage business partners to act in alignment with the Guidelines and, consequently, did not sufficiently observe the Guidelines as to prevent any potential adverse impact from occurring in DIT.
  • APMM’s involvement in potential and actual adverse impacts in DIT: The submitted documentation could not substantiate non-observance of the OECD Guidelines with regard to poor working conditions, consultation and co-operation with workers, and reasonable notice to workers.

The NCP made three recommendations to APMM. First, for APMM to update its Joint Venture Governance and Management Framework to include labour rights and human rights as well as risk-based due diligence practices in the mandatory training of board members appointed to JVs. Second, for APMM to actively consider its degree of leverage in business relationships and build additional leverage – if necessary – to promote responsible business conduct. Third, for APMM to review its due diligence procedure to ensure that the six steps of risk-based due diligence are included, especially regarding risk mitigation and proper communication on due diligence to ensure better observance of the Guidelines.

The Danish NCP will follow up on its recommendations in May 2025.

More details

Defendant
Company in violation
Other companies involved
Complainants
Affected people
Date rejected / concluded
6 May 2024

Documents