NCP Colombia
This page provides information related to NCP Colombia. 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 Colombia
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 Colombian NCP's case-handling procedures outline eight admissibility criteria that are not identical to those in the Guidelines, and further state that other criteria not listed may be considered.
Source
Case-handling procedures, page 4 – 5: https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
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 Colombian NCP states that the final examination of the case by the NCP will proceed even when the parties have not accepted mediation.
Source
Case-handling procedures, page 8:
https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
NCP website shows case-handling procedures for complaint handling in national language(s) and English.
Evaluation
The Colombian NCP has published its case-handling procedures in Spanish, but not in English.
Source
Case-handling procedures in Spanish: https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
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 Colombian NCP does not address whether the company may remain anonymous when the complaint is filed.
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 Colombian NCP states that it will evaluate justified requests for confidentiality. Its procedures do not explicitly allow complainants to withhold their identity from the company for security reasons.
Source
Case-handling procedures, page 4: https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
NCP offers guidance in both national language(s) and English on how to file complaints.
Evaluation
The Colombian NCP provides guidance on complaint filing in a website Q&A. The guidance is available in Spanish but not English.
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 Colombian NCP explains that the NCP will endeavour to complete the complaint examination process within 12 months. However it does not address its practice regarding delays.
Source
Case-handling procedures, page 2:
https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
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 Colombian NCP's website lists every complaint the NCP has received, including the parties to the complaint, the issue(s) addressed and status of the complaint.
Source
“Has the NCP received specific instances?”: https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica
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 Colombian 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 Colombian 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 Colombian NCP's case-handling procedures clarify that it will consult with other NCPs involved to determine which should take the lead role and to define the participation of any other NCPs.
Source
Case-handling procedures, page 2:
https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
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 Colombian 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 Colombian NCP does not define how it interprets whether complaints are material or substantiated.
Source
Case-handling procedures, page 5:
https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
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 Colombian NCP states in its case-handling procedures that, when necessary, it will consult: The government authorities competent in matters related to the specific instance; NCPs of the other country or the other interested countries; the OECD Investment Committee; the Consultative Committee of the PNC of Colombia; and experts considered relevant.
Source
Case-handling procedures, page 6:
https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
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 Colombian NCP does not state that it will conduct follow-up, but rather that it may, at its discretion, require parties to submit a report concerning their implementation activities following conclusion of a complaint. The NCP has not published any follow-up statements.
Source
Case-handling procedures, page 8:
https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
Complaints database: https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica
NCP plays a guiding role in mediation, ensuring agreements reached further the implementation of the Guidelines and address past harms.
Evaluation
The Colombian NCP's case-handling procedures envision an engaged role for the NCP during mediation, including through proposing potential solutions, but does not commit to ensuring agreements reached are mutually agreeable and compatible with the Guidelines, or specify that this 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 6-7:
https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
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 Colombian NCP only accepts specific instances in Spanish.
Source
Case-handling procedures, page 2:
https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
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 Colombian NCP does not state that it holds mediation in the most accessible manner for complainants. In practice, the NCP has accommodated for virtual meetings.
Source
Specific case, page 18 of the Spanish version:
https://www.oecdwatch.org/complaint/colombian-ngo-on-behalf-of-individual-consumer-vs-company-in-the-information-services-sector/
NCP works to accept complaints despite parallel proceedings and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Colombian 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 causing serious harm to any party involved in other proceedings. The NCP may partially accept a case, and it will consult with parties to the complaint requesting that they provide all relevant information on the parallel proceedings.
Source
Case-handling procedures, page 5: https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
NCP provides an external review process for parties to pursue if they believe the NCP has not followed its internal procedures.
Evaluation
The Colombian 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 Colombian NCP consults with parties on and publishes final statements on its website.
Source
Case-handling procedures, page 8:
https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
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 Colombian NCP publishes an initial assessment on its website for every complaint received.
Source
Case-handling procedures, page 6:
https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
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 Colombian NCP states that it will, if applicable, issue specific recommendations to the company to align its conduct with the Guidelines.
Source
Case-handling procedures, page 8:
https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
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 Colombian 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 Colombian NCP does not assert zero tolerance for reprisals against complainants and does not explain measures it will take to prevent and respond to (risks of) reprisals.
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 Colombian NCP states that all information shall be shared between the parties, unless a party duly justifies a request for confidentiality, such as to protect sensitive information of a commercial or other nature related to the parties. The NCP will review the request and respond in writing.
Source
Case-handling procedures, page 4:
https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
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 Colombian NCP does not state that the complainant may publish its complaint, nor that parties may communicate about the stages of the complaint. The procedures only state that the mediation stage is confidential.
Source
Case-handling procedures, page 4, 6:
https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
NCP has a dedicated detailed budget that is published on its website.
Evaluation
The Colombian NCP has an annual budget dedicated to the NCP, but it is not published on the 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 Colombian 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 Colombian NCP is housed within the Ministry of Commerce, Industry and Tourism, in the Directorate of Foreign Investment and Services.
NCP is led or overseen by senior officials that are actively engaged with the NCP’s work.
Evaluation
The Colombian NCP is overseen by the Director of Foreign Investment and Services who is actively engaged in guiding its activities.
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 Colombian NCP employs one full-time staff member who holds a short-term contract, and one part-time staff member who dedicates approximately 50% of their time to NCP work and holds a permanent position.
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 Colombian NCP has an advisory body composed of representatives from business, trade unions, civil society and academia that met twice in 2023.
Source
Annual Report 2023, question 6.
NCP structure ensures all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses) at minimum advise on individual complaints.
Evaluation
The Colombian NCP does not formally involve stakeholder groups in handling individual complaints. The NCP may, on an ad hoc basis, seek external advice, which may be from its Advisory Body or other stakeholders.
Source
Case-handling procedures, page 2:
https://www.mincit.gov.co/mincomercioexterior/temas-de-interes/colombia-en-la-ocde/punto-nacional-de-contacto-pnc-de-las-directrices/presentacion-de-una-instancia-especifica/como-se-presenta-una-instancia-especifica-y-que-do/ocde-pnc-co-guiaprocedimientopresentacion-examensi.aspx
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 Colombian NCP has a website that shows: the general contact information for the Ministry where it is located, a link to the 2011 version of the Guidelines in Spanish, a link to the Due Diligence Guides in Spanish, and explanations of the Guidelines and Due Diligence. An English version of their website could not be found.
NCP annually promotes the Guidelines and due diligence guidance to civil society.
Evaluation
The Colombian NCP has promoted the Guidelines to civil society in the past year.
Source
Annual report 2023, question 26 & Annex, Table 1 & 2
NCPs annually promotes the Guidelines and due diligence guidance to its government.
Evaluation
The Colombian NCP annually promotes the Guidelines and due diligence guidance to 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 Colombian NCP has established and acts as the technical secretariat of a Responsible Business Conduct Working Group which includes various ministries. In addition, the NCP is collaborating with the Presidential Advisory Office for Human Rights, which is responsible for updating the National Action Plan on Business and Human Rights.
Source
Annual report 2023; questions 51 – 59