NCP Chile
This page provides information related to NCP Chile. 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 Chile
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 Chilean NCP considers only the six admissibility criteria set out in the Guidelines.
Source
Case-handling procedures, page 11:
https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
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 Chilean 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 Chilean NCP has published its case-handling procedures in Spanish and English.
Source
Case-handling procedures in Spanish and English: https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
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 Chilean NCP states that it allows companies to remain anonymous when a complaint is filed. This is framed by the NCP as protection of the interests and integrity of the parties, if there are circumstances that warrant it doing so. In practice, companies in concluded complaints have remained anonymous.
Source
Case-handling procedures, page 13:
https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
Recent NCP complaints: https://mneguidelines.oecd.org/database/?hf=10&b=0&r=%2Bf%2Fmne_ncp%2Fchile&s=desc(mne_datereceived)
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 Chilean NCP allows complainants to withhold their identity in situations that indicate risks of any form of retaliation.
Source
Case-handling procedures, page 13-14:
https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
NCP offers guidance in both national language(s) and English on how to file complaints.
Evaluation
The Chilean NCP provides a fill-in form on how to file complaints in Spanish only.
Source
Fill-in form (Spanish): https://www.subrei.gob.cl/ejes-de-trabajo/cer/solicitud-de-instancia-especifica
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 Chilean NCP states that while it follows the expected timeline for each stage of the complaint-handling procedure, that it may be necessary to make these deadlines flexible, depending on the nature of each case or unforeseen circumstances. The NCP does not state that it will communicate with complaint parties over delays.
Source
Case-handling procedures, page 9:
https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
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 Chilean NCP's website contains a permanent record of every complaint received by the NCP (in Spanish), including parties to the complaint, partial summaries of the issue(s) addressed, and the status of the complaint.
Source
Link to their website, Instancias especificas:
https://www.subrei.gob.cl/ejes-de-trabajo/cer/punto-nacional-de-contacto/
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 Chilean NCP does not state how it addresses potential or perceived conflicts of interest.
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 Chilean 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 NCP does not state how it engages with other NCPs in relation to the handling of complaints, only that these cases will be handled on a case-by-case basis. Complaints requiring coordination will usually be led by one NCP, with the other NCPs assisting.
Source
Case-handling procedures, page 9: https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
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 Chilean NCP does not make determinations in its final statements.
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 Chilean NCP states that it assesses whether the issue is "significant and justified" in accordance with the objectives of the Guidelines. In practice the NCP has set a low bar to assess materiality and substantiation in recent complaints.
Source
Case-handling procedures, page 11: https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
Group of neighbours of Villa Estadio vs. Minera Candelaria: https://www.oecdwatch.org/complaint/group-of-neighbours-of-villa-estadio-vs-minera-candelaria/
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 Chilean NCP states that for its initial assessment it may review information from public sources, as well as consult relevant government departments with knowledge or expertise in the issues raised, or other NCPs with experience in the matters before them. It may also seek advice from competent authorities, representatives of its multi-stakeholder committee, and relevant experts consult with other NCPs or seek guidance from the OECD Secretariat.
Source
Case-handling procedures, page 11: https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-específicas_pnc_chile.pdf?sfvrsn=e36bdae2_4
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 Chilean NCP states that it will follow-up on agreements reached and recommendations given, and publish a follow-up statement. However, the NCP has not published any follow-up statements for recent complaints on its website.
Source
Case-handling procedures, page 12-13: https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
Complaints database: https://www.subrei.gob.cl/ejes-de-trabajo/cer/punto-nacional-de-contacto/
NCP plays a guiding role in mediation, ensuring agreements reached further the implementation of the Guidelines and address past harms.
Evaluation
The Chilean NCP does not state that it will play a guiding role in mediation. The NCP states that it assess whether agreements reached during mediation are compatible with the Guidelines, but does not specify that they should include a commitment by the company to further the implementation of the Guidelines in the future and, where relevant and as appropriate, address past harms.
Source
Case-handling procedures, page 12:
https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
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 Chilean NCP does not state if it accepts complaints in Spanish and English. Its fill-in form on how to file complaints is only available in Spanish. Nothing is stated about the NCP covering the cost of translation and interpretation.
Source
Fill in form (Spanish): https://www.subrei.gob.cl/ejes-de-trabajo/cer/solicitud-de-instancia-especifica
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 Chilean NCP does not state that it holds mediation in the most accessible manner for complainants. In practice it enables online mediation for parties that are not based in Santiago.
Source
Correspondence with NCP
NCP works to accept complaints despite parallel proceedings and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Chilean NCP accepts complaints despite parallel proceedings. It states that it should determine whether its good offices could make a positive contribution to the resolution of the issues raised and does not cause serious harm to the parties involved in other proceedings. As part of this assessment, the NCP may consider other practices among NCPs and, where appropriate, consult with the parallel mechanism in question. It will also consult with the parties to the complaint, requesting that they provide relevant information on the parallel proceedings.
Source
Case-handling procedures, page 13: https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
NCP provides an external review process for parties to pursue if they believe the NCP has not followed its internal procedures.
Evaluation
The Chilean 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 Chilean NCP states that it consults parties on and publishes a final statement that includes the basic information required.
Source
Case-handling procedures, page 9 & 12:
https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
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 Chilean NCP states that it will publish an initial assessment if the complaint is accepted, and if a complaint if rejected, it will publish a final statement. However, the NCP has not published an initial assessment for any ongoing or concluded complaints on its website.
Source
Case-handling procedures, page 11: https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
Complaints database: https://www.subrei.gob.cl/ejes-de-trabajo/cer/punto-nacional-de-contacto/
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 Chilean NCP states that it will make recommendations in its final statements and has done so in practice.
Source
Case-handling procedures, page 11 – 12: https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
Group of neighbours of Villa Estadio vs. Minera Candelaria:
https://www.oecdwatch.org/complaint/group-of-neighbours-of-villa-estadio-vs-minera-candelaria/
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 Chilean NCP does not assert zero tolerance for reprisals against the NCP or explain measures it will take to respond to (risks of) reprisals.
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 Chilean NCP states that it proclaims zero tolerance for retaliation against the complainant or third parties during or after a complaint. It gives examples of types of threats of reprisals against those directly or indirectly involved in a complaint, including dismissal from employment, negative impacts on future employment prospects, loss of reputation within the community or workplace, physical violence, defamation, and criminalisation. It states, "The NCP should actively assess and address the risks of retaliation, asking complainants to report on perceived risks and what measures the NCP could reasonably take to address those risks, such as ensuring confidentiality and engaging in dialogue with the parties in the specific instance process, in order to establish a common understanding of zero tolerance for retaliation during or after the process. Also, collaborate with relevant administrative or judicial bodies when serious risks of retaliation materialize."
Source
Case-handling procedures, page 14:
https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
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 Chilean NCP states that it may share all information and documentation provided to it as part of the complaint process with the other party, but keeps certain information confidential, including the identity of the parties involved for security reasons and sensitive commercial or other information related to the interests of the company.
Source
Case-handling procedures, pages 10, 13-14:
https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
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 Chilean NCP ensures transparency towards the public. It allows complainants to publish information about the facts or circumstances of complaints filed or in progress, excluding information the subject of mediation, as well as sensitive personal or business information.
Source
Case-handling procedures, pages 10, 13:
https://www.subrei.gob.cl/docs/default-source/default-document-library/202004-16-reglas-de-procedimiento_instancias-especificas_pnc_chile.pdf?sfvrsn=e36bdae2_4
NCP has a dedicated detailed budget that is published on its website.
Evaluation
The Chilean NCP has a dedicated budget, but it is not published on its website.
Source
Annual Report 2023, question 12
NCP has an independent expert structure whereby complaints are handled strictly by non-governmental independent experts.
Evaluation
The Chilean NCP does not have an independent expert structure it has a single agency structure.
Source
Annual Report 2023, question 1
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 Chilean NCP is housed within the Undersecretary of International Economic Affairs.
Source
NCP website:
https://www.subrei.gob.cl/ejes-de-trabajo/cer/punto-nacional-de-contacto/
Annual Report 2023, question 3
NCP is led or overseen by senior officials that are actively engaged with the NCP’s work.
Evaluation
The Chilean NCP is actively led by the Head of the Responsible Business Conduct Department of the Undersecretary of International Economic Affairs.
Source
Annual Report 2023, A. Contact information
NCP employs two or more full-time staff that hold permanent (non-rotating and not short-term) positions.
Evaluation
The Chilean NCP employs four full-time staff who all hold permanent positions, and one part-time staff member that spends 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 NCP has two advisory bodies: a 'Multistakeholder Committee' and 'Intergovernmental Committee'. Its Multistakeholder Committee involves all three core stakeholder groups (including 9 from business, 6 from civil society, 5 from academia, 3 from trade unions, and 2 from indigenous peoples' organisations) and met 4-5 times in 2023, but only supports the NCP in its promotional activities. The NCP's 'Intergovernmental Committee' supports the NCP in its complaint-handling, promotional, and policy coherence activities.
Source
Annual Report 2023, question 6
Statutes of the Multistakeholder Committee, section 2: https://www.subrei.gob.cl/docs/default-source/punto-nacional-de-contacto/comit%C3%A9s/estatutos-comite-espejo.pdf?sfvrsn=7db22c26_2
NCP structure ensures all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses) at minimum advise on individual complaints.
Evaluation
The Chilean NCP's structure does not allow core stakeholder groups to advise on complaints. The NCP has two advisory bodies: its 'Multistakeholder Committee' only supports the NCP in its promotional activities, whereas its 'Intergovernmental Committee' supports the NCP in its complaint-handling, promotional, and policy coherence activities.
Source
Annual Report 2023, question 6
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 Chilean NCP has a website that shows: contact information, a link to the Guidelines in Spanish, English, and French (with complementary explanation in Spanish), and a link to the OECD Due Diligence Guidance in Spanish and English and further explanations (in Spanish), and a description of the NCP's mandate. The NCP has not published its 2023 annual report to the OECD.
Source
NCP website:
https://www.subrei.gob.cl/ejes-de-trabajo/cer/punto-nacional-de-contacto/
NCP annually promotes the Guidelines and due diligence guidance to civil society.
Evaluation
The Chilean NCP promotes the Guidelines and due diligence guidance to civil society specifically.
Source
Annual report 2023, question 26 & Annex, Table 1 & 2
NCPs annually promotes the Guidelines and due diligence guidance to its government.
Evaluation
The Chilean NCP promotes the Guidelines and due diligence guidance among its embassies abroad, trade and investment promotion agencies, other government agencies, and relevant government officials.
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 Chilean NCP supported its government in pre-legislative dialogues for the Chilean draft bill on Due Diligence on Human Rights.
Source
Annual report 2023 questions 51 – 59