NCP Croatia
This page provides information related to NCP Croatia. 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 Croatia
NCP allows complainants to withhold their identity from the company for security reasons.
Evaluation
The Rules of Procedure do not address whether complainants can withhold their identity from the company for security reasons.
NCP policy commits it to handling complaints within 12 months and in practice NCP has followed this commitment or communicated punctually with parties over reasonable delays.
Evaluation
The Rules of Procedure set a one month timeframe for the primary administrative assessment, a two month timeframe for conclusion of the initial assessment, followed by a six month timeframe for further processing and drafting of the final statement, setting a total time period of 9 months.
NCP maintains transparency generally, but allows for confidentiality only over:
(a) the personal identities of parties for security/privacy reasons
(b) legitimately sensitive business information
(c) documents shared and discussions had during the good offices stage.
Evaluation
The Rules of Procedure outline an overarching stance on confidentiality and transparency that appears to protect confidentiality over the entire specific instance process. The Rules assert: "the NCP will take appropriate steps to protect sensitive business and other information and interests of parties involved in the specific instances (...). While the specific instances are underway, confidentiality of the proceedings will be maintained. At the conclusion of the procedures, if the parties involved have not agreed on a resolution of the issues raised, they are free to communicate about and discuss these issues. However, information and views provided during the proceedings by another party involved will remain confidential, unless that other party agrees to their disclosure or this would be contrary to the provisions of national law."
Government has given consequences (e.g. limited access to export promotion or other economic benefits) to MNEs that refuse to engage in the complaint process, or if NCP has not yet encountered such a situation, NCP has made a policy commitment to request consequences from the government.
Evaluation
There is no indication that the government has applied or committed to apply consequences for poor faith towards the complaint process.
NCP makes a finding (determination) on whether the MNE has breached the OECD Guidelines when conciliation/mediation is refused or fails, or if NCP has not yet encountered such a situation, NCP has made a policy commitment to do so.
Evaluation
The Rules of Proedure do not commit the NCP to issuing a determination when conciliation/mediation is refused or fails.
NCP sets no requirement to exhaust all other avenues to remedy before filing complaint.
Evaluation
The Rules of Procedure set no requirement for complainants to exhaust all other remedies before filing a complaint.
NCP conducts in-country fact finding, or if NCP has not yet received complaints, NCP has made a policy commitment to do so.
Evaluation
The Rules of Procedure do not commit the NCP to undertaking in-country fact-finding, and it has not yet received a specific instance.
NCP engages in follow-up of recommendations made/agreements reached in Final Statements for all complaints reaching that stage, or if NCP has not yet received complaints reaching final assessment stage, NCP has made a policy commitment to do so,
Evaluation
The Rules of Procedure state that one year after the agreement has been reached the NCP’s Secretariat will on its own initiative request from the parties that they submit a report on whether the agreement is being implemented. The Rules do not address whether the NCP engages in follow-up of complaints where no agreement was reached but recommendations given.
NCP has offered to alter the location of mediation and/or enable remote video conferencing to increase accessibility for the complainants or has made a policy commitment to do so.
Evaluation
The Rules of Procedure do not address the location of mediation, and the NCP has received no complaints through which to establish a practice on making mediation accessible to complainants.
NCP covers mediation costs for parties. If mediation costs are not covered, the parties’ cost burdens are explained in the Rules of Procedure.
Evaluation
The Rules of Procedure do not address mediation costs, and the NCP has received no complaints through which to establish a practice on mediation costs.
NCP declares that parallel proceedings do not automatically bar complaints.
Evaluation
The Rules of Procedure do not mention parallel proceedings.
NCP considers complaints ‘material and substantiated’ if they are plausible or credible.
Evaluation
The Rules of Procedure do not define the NCP's approach to interpreting material and substantiated but state that whether there seems to be a link between the enterprise’s activities and the issues raised in the specific instance is an admissability criteria which suggests a broad interpretation of plausibility.
NCP provides external review process for parties who believe the NCP has not followed its internal procedures.
Evaluation
The Rules of Procedure do not include an option of review.
NCP sets no statute of limitations for accepting complaints.
Evaluation
The Rules of Procedure set no statute of limitations for accepting complaints.
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.
Transparency is a core criterion for NCPs and is critical to ensuring a predictable, impartial, and equitable complaint process. Complainants must have access to all information relevant to the complaint to avoid power imbalances. NCPs should ensure that any oral statements or documents shared by a company during the proceedings are shared with the complainants, allowing redaction only for the personal identities of parties for security/privacy reasons or legitimately sensitive business information. It is particularly important that any decisions or statements made by the NCP are based on information that all parties have access to. In addition, the NCP should explain to all parties the impact of any national legislation that guides transparency.
NCP sets a low threshold for accepting complaints by ensuring the use of a broad definition of “interest in the matter” when evaluating complainants.
Evaluation
The NCP's Rules of Procedure state that "The Applicant may for example be individuals or communities directly impacted by enterprise activity at issue, organisations which represent impacted individuals or communities, such as trade unions or in some instances NGOs or other representatives, as well as organisations with mandates or objectives related to certain RBC themes. The Applicant may also act on behalf of other identified parties."
NCP ensures broad expertise in its complaint handling and promotion functions through formally involving diverse relevant government departments, having a multipartite structure, or having an independent expert structure.
Evaluation
The National Contact Point’s complaint handling and promotional activities are undertaken by its External body, which consists of diverse representatives from the government, business associations worker’s unions, and NGOs.
Source
http://www.mvep.hr/en/oecd/ (English) http://www.mvep.hr/hr/oecd/ (Croatian)
NCP is not housed within a ministry focused on economics, trade, or investment to ensure there is no real or perceived conflict of interest.
Evaluation
The NCP is situated in two ministries: the Ministry of Foreign and European Affairs (Directorate-General for Economic Affairs and Development Cooperation; Directorate for Economic Cooperation; Division for Economic Multilateral Cooperation) and the Ministry of Economy and Sustainable Development (Directorate for internalisation; Sector for Investments; Department for Responsible Business Conduct).
Source
http://www.mvep.hr/en/oecd/ (English) http://www.mvep.hr/hr/oecd/ (Croatian)
NCP has an independent expert structure whereby complaints are handled strictly by non-governmental independent experts.
Evaluation
The Croatian NCP is composed of a 10-member External body and a Secretariat. The External body, which consists of diverse representatives from the government, business associations, worker’s unions and NGOs carries out the complaint-handling and promotional work of the NCP. The External body consists of one representative each from the Ministry of Foreign and European Affairs, Ministry of Economy and Sustainable Development, Ministry of Labour, Pension System, Family and Social Policy, the Croatian Chamber of Economy; the Croatian Employers' Association the, Croatian Business Council for Sustainable Development, Autonomous Trade Unions of Croatia, the Independent Union of Research and Higher Education Employees of Croatia, non-governmental organizations dealing with the protection of human rights, and on-governmental organizations dealing with environmental protection. The Secretariat undertakes the administrative work of the NCP.
Source
http://www.mvep.hr/files/file/2020/2010131003-ncp-specific-instances-rules-of-the-procedure.pdf (English) http://www.mvep.hr/files/file/2020/2010130951-nkt-podnosenje-pitanja-pravila-postupanja.pdf (Croatian); National Contact Point report to the OECD: Croatia 2020 (p. 3)
NCP has undergone a peer review, or has a peer review formally scheduled in the near future.
Evaluation
The NCP has not undergone or scheduled a peer review.
Source
http://www.mvep.hr/en/oecd/ (English) http://www.mvep.hr/hr/oecd/ (Croatian)
NCP employs the equivalent of two or more full-time staff.
Evaluation
The NCP Secretariat has 4 full-time and one part-time employee.
Source
National Contact Point report to the OECD: Croatia 2020 (p. 4-5)
NCP has multi-stakeholder advisory body involving representatives of all three core stakeholder groups (labour unions, business, and NGOs) consulted at least 2 times in the past year.
Evaluation
The Croatian NCP does not have a Stakeholder Advisory Body.
Source
National Contact Point report to the OECD: Croatia 2020 (p. 4)
NCP formally involves representatives of all three core stakeholder groups (labour unions, business, and NGOs) in its governance and decision-making structure. Examples are quadripartite NCPs and NCPs in which the three stakeholder groups nominate an independent member of the NCP or steering board.
Evaluation
The External body of the NCP consists of the Representatives from: Ministry of Foreign and European Affairs; Ministry of Economy and Sustainable Development; Ministry of Labour, Pension System, Family and Social Policy; Croatian Chamber of Economy; Croatian Employers' Association; Croatian Business Council for Sustainable Development; Autonomous Trade Unions of Croatia; Independent Union of Research and Higher Education Employees of Croatia; Non-governmental organizations dealing with the protection of human rights; Non-governmental organizations dealing with environmental protection. The External Body is responsible for assisting parties in resolving issues related to the application of the Guidelines in Specific Instances.
Source
National Contact Point report to the OECD: Croatia 2020 (p. 4)
Website publicizes NCP’s budget and spending streams.
Evaluation
The NCP does not have a dedicated budget.
Source
National Contact Point report to the OECD: Croatia 2020 (p. 5)
Website shows description of every complaint the NCP has received.
Evaluation
The NCP has not yet received a specific instance and thus has no complaint database.
Website shows instructions on how to file complaints.
Evaluation
A leaflet is available, briefly explaining how to file complaints, only in Croatian.
Source
http://www.mvep.hr/en/oecd/ (English) http://www.mvep.hr/hr/oecd/ (Croatian)
Website shows contact information for NCP.
Evaluation
The website shows an email address and a telephone number.
Source
http://www.mvep.hr/en/oecd/ (English) http://www.mvep.hr/hr/oecd/ (Croatian)
NCP reports on its activities at the national level, to a government office or parliamentary committee, at least once a year.
Evaluation
The NCP does report to the executive government body of Croatia on an ongoing basis.
Source
National Contact Point report to the OECD: Croatia 2020 (p. 5)
Website shows text of all of the OECD’s Due Diligence guidance.
Evaluation
The websites in Croatian and English include links to five of the sector specific Due Diligence Guidance but not to the English version of the OECD Due Diligence Guidance for Responsible Business Conduct.
Source
http://www.mvep.hr/en/oecd/ (English) http://www.mvep.hr/hr/oecd/ (Croatian)
Website shows comprehensive Final Statement for each complaint reaching that stage.
Evaluation
The NCP has yet to receive a Specific Instance. The Rules of Procedure assert that a final statement is published on the NCP's website.
Website shows comprehensive explanation of the Guidelines.
Evaluation
The website does show a comprehensive explanation of the Guidelines.
Source
http://www.mvep.hr/en/oecd/ (English) http://www.mvep.hr/hr/oecd/ (Croatian)
Website shows text of the OECD Guidelines in national language(s) and English.
Evaluation
The website shows a link to the OECD Guidelines translated to Croatian.
Website shows Initial Assessment identifying parties in every complaint received, which is posted directly after the initial assessment stage is concluded, or if NCP has not yet received complaints, NCP has made a policy commitment to directly publish initial assessments.
Evaluation
The NCP has yet to receive a Specific Instance. The NCP's rules of procedure do not commit it to posting Initial Assessments when they are drafted.
Source
http://www.mvep.hr/files/file/2020/2010131003-ncp-specific-instances-rules-of-the-procedure.pdf (English) http://www.mvep.hr/files/file/2020/2010130951-nkt-podnosenje-pitanja-pravila-postupanja.pdf (Croatian) National Contact Point report to the OECD: Croatia 2020 (p. 4)
NCP maintains website with key parts in both national language(s) and English.
Evaluation
The website is available in both Croatian and English.
Source
http://www.mvep.hr/en/oecd/ (English) http://www.mvep.hr/hr/oecd/ (Croatian)
Website explains NCP’s functions in promoting the OECD Guidelines and handling complaints.
Evaluation
The website explains both of the NCP's functions.
Source
http://www.mvep.hr/en/oecd/ (English) http://www.mvep.hr/hr/oecd/ (Croatian)
NCP submits its most recent annual report to the OECD secretariat and publishes it on its website.
Evaluation
The NCP has filed and completed its Annual Report 2020 to the OECD Secretariat, but has not posted it on its website.
Source
http://www.mvep.hr/en/oecd/ (English) http://www.mvep.hr/hr/oecd/ (Croatian)
NCP or government conducted activities abroad in the past year to promote the OECD Guidelines.
Evaluation
Neither the NCP nor the government has promoted the OECD Guidelines abroad.
Source
National Contact Point report to the OECD: Croatia 2020 (p. 6)
NCP organises or co-organises at least 1 promotional event annually on the OECD Guidelines attended by business, union, and civil society stakeholder groups.
Evaluation
In 2020 the NCP promoted the Guidelines at one event to business representatives.
Source
National Contact Point report to the OECD: Croatia 2020 (Annex, p. 14)
NCP has developed in print and on its website promotional materials on the OECD Guidelines and due diligence guidance.
Evaluation
The NCP has developed one leaflet about the Guidelines and the complaint process in Croatian.
Source
http://www.mvep.hr/en/oecd/ (English) http://www.mvep.hr/hr/oecd/ (Croatian)
Website shows NCP’s promotional plan outlining upcoming activities.
Evaluation
The NCP has not developed a promotional plan.
Source
National Contact Point report to the OECD: Croatia 2020 (p. 6)
Website shows NCP’s Rules of Procedure for complaint handling in national language(s) and English.
Evaluation
The website shows the Rules of Procedure in Estonian and English.
Source
http://www.mvep.hr/en/oecd/ (English) http://www.mvep.hr/hr/oecd/ (Croatian)