After conclusion of the good offices stage, the National Contact Point (NCP) will issue a final statement or report. Some NCPs also monitor the outcome one year after the case is closed.
Photo: Workers from the DR Congo succesfully filed a complaint against Heineken at the Dutch NCP, © OECD Watch
- Final statement process After the good offices stage finishes, the NCP will draft a final statement. The final statement may either explain why the issues do not merit further consideration, explain any agreement reached by the parties, or, if no agreement is reached, provide an overview of the issues raised and procedures followed. Parties may be asked to provide comments on a draft final statement.
- Determinations and recommendations
Especially if parties do not reach agreement, OECD Watch encourages NCPs to commit to including in their final statement:
- A determination on whether the company met or did not meet the expectations in the OECD Guidelines, and
- A request for other ministries to apply consequences to companies that did not participate in the process of good faith.
OECD Watch considers these steps important to incentivize companies to negotiate in good faith towards reaching an agreement.
- Follow-up process Increasing numbers of NCPs are following-up on the outcomes of the cases they handle, either by investigating the situation themselves or seeking update reports from the parties about six to 12 months after the case conclusion. The reason for follow-up is to assess whether or not the company is complying with any agreements reached or recommendations made by the NCP. OECD Watch supports the practice of some NCPs to publish a written follow-up statement.
- Role of complainants
As a complainant, you may be asked to comment on a draft final statement. Make sure the final statement accurately represents your position and your sentiment towards the complaint process. Feel free to urge the NCP to include in the final statement determinations, recommendations, a request for consequence, and a commitment to engage in follow-up.
You should also feel free to publish your own statement on the case proceedings and outcome, as well as your own follow-up monitoring statement six to 12 months after the process has concluded.
Complainants often have questions about how much they may communicate about the case during the final assessment and monitoring stage. The general rule for these stages is transparency of process and outcomes, but confidentiality of the content of discussions during mediation and of any other matters agreed to be kept confidential.
For a discussion on transparency and campaigning, see the page on Other filing considerations.