NCP Belgium
This page provides information related to NCP Belgium. Directly underneath, you find the scores of the NCP on the NCP Evaluation Project. The NCP is evaluated on the indicators with Yes, No or Partial/Not Applicable. The indicators are ordered per category. Only a few indicators per category are shown on this page. To see them all, click on “more…. indicators To see what indicator scores best among all NCPs go to the NCP Evaluation Overview. At the bottom, there is news related to the NCP.
Related complaints
In the OECD Watch Complaint Database you can find all the related complaints with NCP Belgium
NCP considers only the six admissibility criteria set out in the Guidelines and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP considers only the six admissibility criteria set out in the Guidelines.
Source
Case-handling procedures, Annex 2, Step 2: https://economie.fgov.be/sites/default/files/Files/Entreprises/Internal-regulations-NCP-Annex-2-procedures-for-dealing-with-specific-instances.pdf
NCP assesses the issues raised even if mediation is declined by a party and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP does not assess the issues raised even if mediation is declined by a party.
NCP website shows case-handling procedures for complaint handling in national language(s) and English.
Evaluation
The Belgian NCP has published its case-handling procedures in French, Dutch, and English. NB: The NCP has not published its case-handling procedures also in German, which is a national language of Belgium. OECD Watch encourages the NCP to consider translating its resources into this additional language.
Source
Case-handling procedures in French: https://economie.fgov.be/fr/themes/entreprises/developper-et-gerer-une/conduite-responsable-des/principes-directeurs-ocde-pour/point-de-contact-national-en/documents-point-de-contact
Case-handling procedures in Dutch: https://economie.fgov.be/nl/themas/ondernemingen/een-onderneming-beheren-en/maatschappelijk-verantwoord/oeso-richtlijnen-voor/nationaal-contactpunt-belgie/documenten-nationaal
Case-handling procedures in English: https://economie.fgov.be/en/themes/enterprises/develop-and-manage-business/responsible-business-conduct/oecd-guidelines-multinational/national-contact-point-belgium/documents-national-contact
NCP does not allow companies to remain anonymous when a complaint is filed and/or has a commitment not to do so in its case-handling procedures.
Evaluation
The Belgian NCP states that it publishes parties' names in its statements - including the initial assessment - unless there are good reasons to the contrary (e.g., protection of individuals).
Source
Case-handling procedures, Annex 2, 4e étape:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
NCP allows complainants to withhold their identity from the company for security reasons, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP does not state that it allows complainants to withhold their identity from the company for security reasons. However, it states that complainants' names may not be published if there are good reasons, such as the protection of individuals. No recent complaints indicate the NCP's practice.
Source
Case-handling procedures, Annex 2, 4e étape:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
NCP offers guidance in both national language(s) and English on how to file complaints.
Evaluation
The Belgium NCP provides a fill-in form in French, Dutch, and English. NB: The NCP has not published complaint filing guidance also in German, which is a national language of Belgium. OECD Watch encourages the NCP to consider translating its resources into this additional language.
Source
Fill-in form (French):
https://economie.fgov.be/sites/default/files/Files/Forms/PCN-formulaire-de-plainte.pdf
Fill-in form (Dutch) https://economie.fgov.be/sites/default/files/Files/Forms/NCP-klachtenformulier.pdf
Fill-in form (English): https://economie.fgov.be/sites/default/files/Files/Forms/NCP-Complaint-form.pdf
NCP follows the expected timeline for each stage of the complaint-handling procedure and communicates punctually with all complaint parties over the status of the complaint, including any reasonable delays, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP states that it follows the expected timeline for each stage and attempts to close a complaint within 12 months, where possible. In recent cases, the NCP has communicated about delays, but it does not commit to doing this its case handling procedures.
Source
Case-handling procedures, Annex 2, 4e étape : cloture des procédures:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
Open Secrets & CALS vs. KBL: https://www.oecdwatch.org/complaint/open-secrets-cals-vs-kbl/
NCP website contains a permanent record of every complaint received by the NCP, including parties to the complaint, the issue(s) addressed, and the status of the complaint.
Evaluation
The Belgian NCP's website contains a record of every complaint received by the NCP, but it only includes the parties to the complaints and not the other listed items.
NCP prevents or addresses potential or perceived conflicts of interest of any person playing a role for the NCP in the complaint and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP states that it prevents and addresses potential and perceived conflicts of interest of NCP members involved in a complaint, including by withdrawing the conflicted member. In practice, complainants have expressed concern about the NCP's handling of alleged conflicts of interest of its members.
Source
Case-handling procedures, article 21:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-d-ordre-interieur-point-de-contact-national-ocde.pdf
Open Secrets & CALS vs. KBC Group: https://www.oecdwatch.org/complaint/open-secrets-cals-vs-kbc-group/
NCP recommends consequences from its government for companies that engage in bad faith in the proceedings or fail to implement agreements reached, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP does not recommend consequences from its government.
NCP clarifies how it will engage with other NCPs in relation to the handling of complaints, including explaining when complaints may be jointly handled or transferred to other NCPs.
Evaluation
The Belgian NCP states that if multiple NCPs are able to handle a complaint, they will consult each other and designate one NCP to lead the complaint. If the Belgian NCP is not qualified to handle a complaint, it forwards the request to the appropriate NCP and informs the complainant. If the complaint is connected to Belgium, the Belgian NCP provides support or assistance to the lead NCP.
Source
Case-handling procedures, Annex 2, 2e étape:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
NCP makes determinations in its final statements when no agreement is reached explaining how the company has (not) observed specific provisions of the Guidelines, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP states that its role is not to establish whether the Guidelines have been breached. The NCP therefore does not make determinations in its final statements.
Source
Case-handling procedures, Annex 2, section 2:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
NCP ensures a low threshold to assess whether the issue is material and substantiated and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP states that complaints are material when it is relevant to the implementation of the Guidelines and is made in good faith, and substantiated when it is supported by sufficient and credible information. Assessing whether the complaint was made in good faith goes beyond the criteria of materiality. In practice, the NCP rejected a complaint in its initial assessment partly on the basis that it was unable to confirm the authenticity of the complainants' arguments and documents.
Source
Case-handling procedures, Annex 2, 2e étape:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
Open Secrets & CALS vs. KBC Group: https://www.oecdwatch.org/complaint/open-secrets-cals-vs-kbc-group/
NCP ensures it has access to and, where relevant, uses investigative resources and broad external subject-matter expertise to support its complaint handling functions, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP states that it may seek advice from a network of experts in the topics covered by the Guidelines. The network is composed of multi-stakeholder representatives.
Source
Case-handling procedures Annex 2, Section 2:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
Members of network of experts: https://economie.fgov.be/nl/themas/ondernemingen/een-onderneming-beheren-en/maatschappelijk-verantwoord/oeso-richtlijnen-voor/nationaal-contactpunt-belgie/expertennetwerk-nationaal
NCP always engages in follow-up and publishes follow-up statements where relevant, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgium NCP states it will follow-up on agreements they facilitate or recommendations made and publish follow-up statements, where it is relevant. The NCP has done so in practice.
Source
Case-handling procedures, Annex 2, page 4:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
Complaints database: https://economie.fgov.be/nl/themas/ondernemingen/een-onderneming-beheren-en/maatschappelijk-verantwoord/oeso-richtlijnen-voor/nationaal-contactpunt-belgie/berichten-nationaal
NCP plays a guiding role in mediation, ensuring agreements reached further the implementation of the Guidelines and address past harms.
Evaluation
The Belgian NCP states that its role is to encourage dialogue between the parties, to facilitate finding agreements between the parties and/or issueing recommendations, not to establish whether the OECD Guidelines have been breached. It does not state that it will use its expertise to guide the mediation.
Source
Case-handling procedures, Annex 2, section 2
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
NCP accepts complaints in national language(s) and English and covers the cost of translation of key filings and statements and interpretation during mediation, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP states that its working languages are French and Dutch, and English on request. A fill-in complaint form is also available in French, Dutch, and English. The NCP states that it does not generally cover travel and translation costs incurred by parties during the procedure, but may consider doing so in exceptional cases. NB: The NCP does not clarify whether it accepts complaints in German, which is an official language of Belgium. OECD Watch encourages the NCP to consider translating its resources and offering assistance in this additional language.
Source
Case-handling procedures, Annex 2, 3e étape:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
NCP holds mediation in the most accessible manner for complainants and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgium NCP states that mediation in principle takes place at the NCP's headquarters in Belgium, but it is open to online mediation where preferred. In practice, the NCP has organised online mediation sessions for complainants located outside Europe.
Source
Case-handling procedures, Annex 2, section 3
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
IUF et HBLMU/ Ab InBev: https://economie.fgov.be/nl/themas/ondernemingen/een-onderneming-beheren-en/maatschappelijk-verantwoord/oeso-richtlijnen-voor/nationaal-contactpunt-belgie/berichten-nationaal
NCP works to accept complaints despite parallel proceedings and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP accepts complaints despite parallel proceedings. It states that it will assess whether its involvement could positively contribute to resolving the issues and supporting the implementation of the Guidelines, without casuing serious harm to any party involved in other proceedings. As part of this assessment, the NCP may consider partially accepting a complaint, pausing examination while proceedings are in progress, and when necessary it will consulte with the parallel mechanism and if needed seek input from the parties to the complaint.
Source
Case-handling procedures, Annex 2, Section 2:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
NCP provides an external review process for parties to pursue if they believe the NCP has not followed its internal procedures.
Evaluation
The Belgian NCP does not provide an external review process.
NCP consults parties on and publishes a final statement that includes the basic information required after the case reaches that stage, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP states that it consults parties on and publishes its final statements. In practice, the NCP has included the basic information required in its statements.
Source
Case-handling procedures, Annex 2, section 4:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
IUF et HBLMU/ Ab InBev: https://economie.fgov.be/nl/themas/ondernemingen/een-onderneming-beheren-en/maatschappelijk-verantwoord/oeso-richtlijnen-voor/nationaal-contactpunt-belgie/berichten-nationaal
NCP website shows the initial assessment for every complaint received which is published after the initial assessment stage is concluded, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP publishes an initial assessment for every complaint received.
Source
Case-handling procedures, Annex 2, Section 2:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
Complaint database: https://economie.fgov.be/fr/themes/entreprises/developper-et-gerer-une/conduite-responsable-des/principes-directeurs-ocde-pour/point-de-contact-national-en/communiques-du-point-de
NCP makes recommendations in its final statements on specific company action needed to support remediation of past harm and/or observe the Guidelines in future, and/or the NCP has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP states that it may make recommendations where no agreement is reached in its final statements.
Source
Case-handling procedures, Annex 2, section 4:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
NCP proclaims zero tolerance for reprisals against the NCP and implements measures to respond to (risks of) reprisals, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP states that it ensures that there is zero tolerance of retaliation against people working for the NCP and assesses and implements measures to prevent and respond to (risks of) retaliation. To this end, the NCP may ask parties to sign a document.
Source
Case-handling procedures, Annex 2, Step 3: https://economie.fgov.be/sites/default/files/Files/Entreprises/Internal-regulations-NCP-Annex-2-procedures-for-dealing-with-specific-instances.pdf
NCP proclaims zero tolerance for reprisals against complainants and assesses and implements measures to prevent and respond to (risks of) reprisals, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP states that it ensures that there is zero tolerance of retaliation against complainants and assesses and implements measures to prevent and respond to (risks of) retaliation. To this end, the NCP may ask parties to sign a document.
Source
Case-handling procedures, Annex 2, Step 3: https://economie.fgov.be/sites/default/files/Files/Entreprises/Internal-regulations-NCP-Annex-2-procedures-for-dealing-with-specific-instances.pdf
NCP supports transparency between the parties in the complaint process generally, including by the sharing of all relevant facts and arguments brought forward by each party during the proceedings with other parties, requiring confidentiality only over the personal identities of parties for security/privacy reasons or legitimately sensitive business information, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP states that all written information received by one party will be communicated to the other parties, unless there are compelling reasons to the contrary, including sensitive business information and, in certain circumstances, the complainant's identity.
Source
Case-handling procedures, Annex 2, 1:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
NCP supports transparency during the complaint process by allowing complainants to publish their own complaint and communicate about the stages of the process. The NCP requires confidentiality only over the personal identities of parties for security/privacy reasons, legitimately sensitive business information, and documents shared and discussions had during the mediation stage, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Belgian NCP states that it ensures transparency towards the public in general, including by allowing complainants to publish their own complaint and to communicate about the stages of the complaint. It allows for confidentiality only over the things listed. In practice, the NCP has allowed complainants to publish their own complaint and communicate about the stages of the process.
Source
Open Secrets & CALS vs. KBL: https://www.oecdwatch.org/complaint/open-secrets-cals-vs-kbl/
Case-handling procedures, Annex 2, 3:
https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-2-procedures-circonstance-specifique.pdf
NCP has a dedicated detailed budget that is published on its website.
Evaluation
The Belgium NCP does not have a dedicated budget.
Source
Annual Report 2023, question 12
NCP has an independent expert structure whereby complaints are handled strictly by non-governmental independent experts.
Evaluation
The Belgian NCP does not have an independent expert structure; it has a tripartite structure composed of government, employer, and employee representatives.
Source
Annual Report 2023, question 2
NCP is not housed within a ministry focused on economics, trade, or investment to limit risk of real or perceived conflict of interest.
Evaluation
The Belgian NCP is housed within the Ministry of Economy.
NCP is led or overseen by senior officials that are actively engaged with the NCP’s work.
Evaluation
The Belgian NCP is led by the Director General of the Directorate General for Economic Analysis and International Economy, who is actively engaged in the work of the NCP.
Source
Correspondence with NCP
NCP employs two or more full-time staff that hold permanent (non-rotating and not short-term) positions.
Evaluation
The Belgium NCP does not employ full time staff, but employs two part-time staff that each spend 50% of their time on NCP work.
Source
Annual Report 2023, question 8 – 9
NCP has a multi-stakeholder advisory body involving all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses). The advisory body is meaningfully consulted by the NCP on its promotional and complaint-handling activities at least 2 times a year.
Evaluation
The Belgian NCP has a multi-stakeholder network of experts currently composed of representatives of all three core stakeholder groups. However, none of the official documents establishing the network formally require all three stakeholder groups to be represented on the network, nor that each group has equal representation/voting power. The network did not meet in 2023.
Source
Annual Report 2023, question 6
NCP’s internal regulations, article 6: https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-d-ordre-interieur-point-de-contact-national-ocde.pdf
Case-handling procedures, Annex 1: https://economie.fgov.be/sites/default/files/Files/Entreprises/Huishoudelijk-reglement-NCP-Bijlage-1-Werking-van-het-expertennetwerk.pdf
Members of network of experts: https://economie.fgov.be/nl/themas/ondernemingen/een-onderneming-beheren-en/maatschappelijk-verantwoord/oeso-richtlijnen-voor/nationaal-contactpunt-belgie/expertennetwerk-nationaal
NCP structure ensures all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses) at minimum advise on individual complaints.
Evaluation
The Belgium NCP's tripartite structure, composed of government, employer, and employee representatives, does not incorporate NGOs. The current composition of the NCP's multi-stakeholder network of experts ensures all three core stakeholder groups at a minimum advise on complaints. However, none of the official documents establishing the network formally require all three stakeholder groups to be represented on the network, meaning future changes to its composition may negatively affect the NCP's score for this indicator.
Source
Annual Report 2023, question 2
NCP’s internal regulations, article 2 and 6: https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-d-ordre-interieur-point-de-contact-national-ocde.pdf
Case-handling procedures, Annex 1: https://economie.fgov.be/sites/default/files/Files/Entreprises/Reglement-ordre-interieur-PCN-Annexe-1-Reseau-experts-du-PCN.pdf
Members of network of experts: https://economie.fgov.be/nl/themas/ondernemingen/een-onderneming-beheren-en/maatschappelijk-verantwoord/oeso-richtlijnen-voor/nationaal-contactpunt-belgie/expertennetwerk-nationaal
NCP has a website that shows:
- Contact information for the NCP;
- Links to the Guidelines and translations of the Guidelines in national language(s) and English;
- Links to the OECD Due Diligence Guidance documents;
- A comprehensive description of the Guidelines, due diligence, and the dual mandate of the NCP in national language(s) and English; and
- The NCP’s most recent annual report to the OECD.
Evaluation
The Belgium NCP has a website that shows some of the listed items, but not links to the 2023 version of the Guidelines and translations, nor the NCP's most recent annual report to the OECD. The website is available in French, Dutch, and English. NB: The NCP's website is not available in German, which is an official language of Belgium. OECD Watch encourages the NCP to consider translating its resources into this additional language.
NCP annually promotes the Guidelines and due diligence guidance to civil society.
Evaluation
The Belgian NCP has promoted the Guidelines specifically to civil society.
Source
Annual report 2023, question 26 & Annex, Table 1 & 2
NCPs annually promotes the Guidelines and due diligence guidance to its government.
Evaluation
In 2023, the Belgian NCP did not promote the Guidelines among its government.
Source
Annual Report 2023, question 49 – 50 & Annex, Table 1 & 2
NCP supports its government in developing, implementing, and fostering policies, programmes, and/or laws on responsible business conduct that are coherent with the Guidelines.
Evaluation
The Belgian NCP participated in the negotiations led at EU level on the CSDDD promoting coherence with the OECD Guidelines. It has also been involved in the development of the 2nd National Action Plan on Business and Human Rights.
Source
Annual report 2023; questions 51 – 59