On 28 August 2020, Lumière Synergie pour le Développement (LSD) and the Association of Women Fish Processors of Bargny Guedj filed a complaint with the Turkish NCP against the Turkish company Tosyali Holding Senegal (Tosyali). The complaint alleges that Tosyali has violated the OECD Guidelines Chapters II (General Principles), IV (Human Rights), and VI (Environment) through its plans to build a mining and steel complex on lands currently used by women fish processors at the Khelcom site in Senegal. The complaint asserts that Tosyali did not undertake an adequate human rights due diligence process to assess the risks that its operations will pose, including specifically to the women fish processors. Of note, Tosyali failed to carry out an Environmental and Social Impact Assessment, submit a resettlement plan, and consult with the impacted community. More than 1,500 women have been fighting for 10 years to defend their rights to free consent, to work, to dispose of their means of subsistence, and to a healthy environment in the face of the central project, the proposed 125 MW coal fired Sendou power plant. The complainants LSD and the women fish processors seek the good offices of the Turkish NCP to urge Tosyali Holding Senegal to comply with the OECD Guidelines, immediately stop its activities on the Khelcom site, and engage in dialogue with the women.
Relevant OECD Guidelines
Upon receiving the complaint, the Turkish NCP notified the company.
On 8 September 2020, Tosyali contacted the Turkish NCP, asserting it had signed a contract with a Senegalese consulting firm for conducting the environmental and social impact study (ESIA).
On 5 October 2020 and 29 March 2021, the Turkish NCP asserted that it had attempted to contact the Senegalese Fisher women association and LSD, but received no responses. Since the Turkish NCP was unable to reach the complainants, it contacted the Turkish Office of the Commercial Counsellor at Dakar and asked for their assistance. On 2 July 2021, the Office relayed an email from the complainant NGO, covering the latest developments on the case. The email allegedly stated that the parties were awaiting the finalisation of the ESIA and that the Ministry of Fisheries, representatives of Tosyali, and the Senegalese Agency for the Promotion of Investments and Major Constructions had met several times with the fish processing women of Khelcom to try to find common ground, but that disagreements remained over the location of the new site and accompanying measures.
On 27 August 2021, the Turkish NCP issued an initial assessment declining to offer good offices at that time, but committing to follow-up in six months time on the independent dialogue underway between the parties to consider if good offices should be offered then.