NCP The Netherlands
This page provides information related to NCP The Netherlands. 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 The Netherlands
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 Dutch NCP considers only the six admissibility criteria set out in the Guidelines.
Source
Case-handling procedures, page 3: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.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 Dutch NCP states that "if its good offices are rejected or the dialogue fails, the NCP will, in principle, independently undertake further examination to determine whether the enterprise concerned failed to observe the Guidelines on the grounds put forward in the submission". The NCP has done so in practice.
Source
Case-handling procedures, Section 3b: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.pdf
Aminigboko Community of Abua/Odual L.G.A. vs. Shell: https://www.oecdwatch.org/complaint/aminigboko-community-of-abua-odual-l-g-a-vs-shell-and-spdc/
NCP website shows case-handling procedures for complaint handling in national language(s) and English.
Evaluation
The Dutch NCP has published its case-handling procedures in English and Dutch.
Source
Case-handling procedures in English: https://www.oecdguidelines.nl/notifications/documents/publication/2021/07/26/specific-instance-procedure
Case-handling procedures in Dutch: https://www.oesorichtlijnen.nl/meldingen/documenten/publicatie/2021/06/09/procedure-specifieke-gevallen
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 Dutch NCP publicly names the company when it publishes its initial assessment, but its case-handling procedures do not include a commitment to not allow companies to remain anonymous when a complaint is filed.
Source
Overview of notifications, open procedures: https://www.oecdguidelines.nl/notifications/overview-notifications/open-procedures
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 Dutch NCP states that "upon request, the identity of persons involved in the procedure may be kept secret for safety reasons".
Source
Case-handling procedures, page 6: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.pdf
NCP offers guidance in both national language(s) and English on how to file complaints.
Evaluation
The Dutch NCP allows any stakeholder to contact the NCP for advice before submitting a complaint, and provides information on its website in English and Dutch on what should be addressed in a complaint submission.
Source
Submitting a specific instance: https://www.oecdguidelines.nl/notifications/submitting-a-specific-instance
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 Dutch NCP sets out the expected timelines for a complaint. In practice, cases filed to the NCP have been subject to significant delays, however to the best of our knowledge the NCP has communicated with parties about these delays.
Source
Case-handling procedures, page 5 – 6: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.pdf
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 Dutch NCP lists all complaints handled by the NCP on its website, including the parties to the complaint, status of the complaint, and links to initial assessments and final statements that include the issue(s) addressed.
Source
Overview notifications: https://www.oecdguidelines.nl/notifications/overview-notifications/closed-procedures
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 Dutch NCP states, in a separate statement on the Impartiality and Integrity of the NCP, that where an Independent Member has a conflict of interest, they are expected to declare this and recuse themselves from the handling of the complaint. Where they may reasonable be considered to be in a situation where a potential or perceived conflict of interest may seem to exist, they will not be involved in the handling of the complaint.
Source
Impartiality and Integrity of the Netherlands NCP, Section 4: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2023/01/31/impartiality-and-integrity-of-the-netherlands-ncp/Impartiality+and+Integrity+of+the+Netherlands+NCP.pdf
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 Dutch NCP does not state that it recommends consequences from its government. However, the Dutch National Action Plan on Business and Human Rights states that "a company's attitude to a possible NCP notification is already taken into account when considering its participation in trade missions" and it commits to expanding this practice to other instruments to encourage cooperation of business in the NCP process. The NCP has requested consequences in the past, but not within the past five years.
Source
National Action Plan Business and Human Rights: https://www.government.nl/documents/publications/2022/11/8/national-action-plan-business-and-human-rights
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 Dutch NCP clarifies the process of coordination between NCPs, including a commitment to "keep parties informed on this process".
Source
Case-handling procedures, Section 1a: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.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 Dutch NCP states that "in the final statement, the NCP offers conclusions on the observance of the Guidelines" and "it may also include...a determination on the extent to which the enterprise has adhered to the Guidelines with respect to the issues raised in the submission". The NCP has done so in practice.
Source
Case-handling procedures, section 4: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.pdf
Aminigboko Community of Abua/Odual L.G.A. vs. Shell: https://www.oecdwatch.org/complaint/aminigboko-community-of-abua-odual-l-g-a-vs-shell-and-spdc/
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 Dutch NCP states that an issue is material if it is "relevant to the implementation of the Guidelines" and substantiated if it is "supported by sufficient and credible information".
Source
Case-handling procedures, page 3: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.pdf
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 Dutch NCP states that it "may decide, in consultation with the parties concerned, to...engage external expertise if it deems this necessary during the course of the good offices phase". In practice it regularly consults its advisory body regarding complaints.
Source
Case-handling procedures, Section 3a: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.pdf
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 Dutch NCP states that "as a rule, one year after issuing its final statement, the NCP publishes an abridged evaluation of the implementation of the agreement reached between the parties and/or the NCP's recommendations on the NCP website". The NCP has done so in practice.
Source
Case-handling procedures, Section 5: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.pdf
NCP Website: https://www.oecdguidelines.nl/notifications/overview-notifications/closed-procedures
NCP plays a guiding role in mediation, ensuring agreements reached further the implementation of the Guidelines and address past harms.
Evaluation
The Dutch NCP states that it will "facilitate a dialogue between the parties, with a view to seeking an agreed solution that is compatible with the Guidelines" and "the NCP will actively inform the dialogue with its expertise on the Guidelines". It does not specify that an agreement 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, Section 3a: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.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 Dutch NCP accepts complaints in both Dutch and English. It does not state whether it covers the costs of translation and interpretation.
Source
Submitting a specific instance: https://www.oecdguidelines.nl/notifications/submitting-a-specific-instance
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 Dutch NCP does not state how it will ensure the accessibility of mediation. In practice, the NCP has facilitated online mediation.
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 Dutch NCP accepts complaints despite parallel proceedings. It states that it will asses the extent to which parallel proceedings limit it's ability to contribute to the resolution of the issue and/or the implementation of the Guidelines. The NCP refers to Paragraph 35 of the OECD Implementation Procedures, which addresses parallel proceedings and outlines the specified details. In practice, the NCP has accepted complaints that were subject to parallel proceedings.
Source
Case-handling procedures, page 3: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.pdf
NCP provides an external review process for parties to pursue if they believe the NCP has not followed its internal procedures.
Evaluation
The Dutch 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 Dutch NCP states that "parties will have two weeks to respond to the draft version of the final statement before it is published" and then the text is "finalised and published on the NCP's website".
Source
Case-handling procedures, Section 4: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.pdf
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 Dutch NCP states that it will publish, in principle, the initial assessment if it accepts a complaint, but it can decide against publication in which case it must inform the parties of its reasons not to publish. If the complaint is rejected, publication of the initial assessment is mandatory. In practice, the NCP has published an initial assessment for most, but not all, complaints.
Source
Case-handling procedures, page 3: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.pdf
Complaints database: https://www.oecdguidelines.nl/notifications/overview-notifications/closed-procedures
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 Dutch NCP states that the "final statement may also contain the NCP's recommendations concerning future observance of the Guidelines". The NCP has done so in practice.
Source
Case-handling procedures, Section 4: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.pdf
Milieudefensie et al vs. ING: https://www.oecdwatch.org/complaint/milieudefensie-et-al-vs-ing/
Aminigboko Community of Abua/Odual L.G.A. vs. Shell: https://www.oecdwatch.org/complaint/aminigboko-community-of-abua-odual-l-g-a-vs-shell-and-spdc/
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 Dutch NCP states that "should the NCP become aware of the threat or existence of reprisals directed at a person involved in a specific instance, or at the NCP or one of its members, it will within its capacities take steps, as appropriate, with the aim of ensuring that the person(s) or entity at risk has adequate protection and that the proceedings can continue in a safe, accessible, equitable and impartial manner". The NCP does not have a zero-tolerance policy for reprisals and it's case-handling procedures focus on reactive measures and not also proactively assessing and implementing measures to prevent reprisals.
Source
Case-handling procedures, Page 6: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.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 Dutch NCP states that "should the NCP become aware of the threat or existence of reprisals directed at a person involved in a specific instance, or at the NCP or one of its members, it will within its capacities take steps, as appropriate, with the aim of ensuring that the person(s) or entity at risk has adequate protection and that the proceedings can continue in a safe, accessible, equitable and impartial manner". The NCP does not have a zero-tolerance policy for reprisals and it's case-handling procedures focus on reactive measures and not also proactively assessing and implementing measures to prevent reprisals.
Source
Case-handling procedures, page 6: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.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 Dutch NCP states that it will make parties aware of all the relevant facts and arguments brought forward and, where a reasonable request for confidentiality is made to protect sensitive information or the interests of other stakeholders, it will work to redact that information and facilitate sharing. In addition, the NCP states that it will avoid as much as possible basing fundamental aspects of its decision on information not available to both parties.
Source
Case-handling procdures, page 7: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.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 Dutch NCP states that it "strives for optimal transparency regarding its procedural steps, but will, in principle, treat other aspects of the procedure as confidential". Rather than ensuring transparency generally with the exception of the specific things listed in the Guidelines, the NCP lists exceptions to the principle of confidentiality. This includes statements by the NCP, factual information on the existence of the complaint and the stage of the process, information that parties have agreed to be publically disclosed, information that is legally accessible or legally obtained outside of the NCP process, and information that parties provided prior to the mediation phase such as the content of the submission or their own statements. In addition, it states that "the NCP...advises the parties to refrain from any publicity regarding the submission" since this may have a "negative impact on the dialogue process and on efforts to arrive at an agreed solution".
Source
Case-handling procedures, page 2 & 7: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2021/07/26/specific-instance-procedure/240508_NCP+Specific+Instance+Procedure.pdf
NCP has a dedicated detailed budget that is published on its website.
Evaluation
The Dutch NCP has a dedicated budget, 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 Dutch NCP has an independent expert structure. It operates independently from the Dutch government and consists of four independent members and four advisory members from different ministries. The advisory members are not involved in the handling of complaints.
Source
About the Dutch NCP: https://www.oecdguidelines.nl/ncp
NCP Establishment Order 2014: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2014/07/01/ncp-establishment-order-2014/2016-instellingsbesluit-en.pdf
Impartiality and Integrity of the Netherlands NCP, Section 2: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2023/01/31/impartiality-and-integrity-of-the-netherlands-ncp/Impartiality+and+Integrity+of+the+Netherlands+NCP.pdf
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 Dutch NCP secretariat is housed within the Ministry of Foreign Affairs.
Source
About the Dutch NCP: https://www.oecdguidelines.nl/ncp
NCP is led or overseen by senior officials that are actively engaged with the NCP’s work.
Evaluation
The Dutch NCP's secretariat includes three senior policy officers in the Ministry of Foreign Affairs who are involved in the work of the NCP.
Source
Dutch NCP Secretariat: https://www.oecdguidelines.nl/ncp/ncp-secretariat
NCP employs two or more full-time staff that hold permanent (non-rotating and not short-term) positions.
Evaluation
The NCP has 4 full-time staff members that hold permanent positions.
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 Dutch NCP has at least four advisory members that support the work of the independent members. These members are government reprsentatives from four ministries: Ministry of Foreign Affairs, Ministry of Social Affairs & Employment, Ministry of Infrastructure & Water Management, Ministry of Economic Affairs and Climate Policy. In addition, the NCP has a stakeholder body of three members representing trade unions, NGOs, and businesses that meet every three months called the NCP+ platform.
Source
Dutch NCP members: https://www.oecdguidelines.nl/ncp/ncp-members
Dutch NCP stakeholders: https://www.oecdguidelines.nl/ncp/stakeholders
NCP structure ensures all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses) at minimum advise on individual complaints.
Evaluation
The Dutch NCP's independent members handle complaints and are appointed "based on their expertise in the areas of the OECD Guidelines for Multinational Enterprises, their mediation skills, their knowledge and experience, and their professional background in relation to one of the relevant NCP stakeholder groups: business, trade unions, civil society and academia, ensuring that the NCP is always a balanced reflection of these four stakeholder groups". The independent members do not, however, represent the respective sectors that their background reflects.
Source
About the Dutch NCP: https://www.oecdguidelines.nl/ncp
NCP Establishment Order 2014: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2014/07/01/ncp-establishment-order-2014/2016-instellingsbesluit-en.pdf
Impartiality and Integrity of the Netherlands NCP, Section 2: https://www.oecdguidelines.nl/binaries/oecd-guidelines/documenten/publication/2023/01/31/impartiality-and-integrity-of-the-netherlands-ncp/Impartiality+and+Integrity+of+the+Netherlands+NCP.pdf
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 Dutch NCP has all the information listed, including key items in both English and Dutch.
Source
NCP website (English): https://www.oecdguidelines.nl/
NCP website (Dutch): https://www.oesorichtlijnen.nl/
NCP annually promotes the Guidelines and due diligence guidance to civil society.
Evaluation
The Dutch NCP has organised an NCP Congress on the updated Guidelines in 2023 targeted towards all core stakeholder groups. It has also participated in an event organised by the Social Economic Council that included business, NGOs, trade unions and government. However, the NCP has not (co-)organised any events targeted specifically towards 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
The Dutch NCP (co-)organised promotional events in 2023 targeted at government ministries including: the Ministry of Foreign Affairs, the Ministry of Economic Affairs and Climate Policy, the Ministry of Social Affairs and Employment. It has also participated in other events, including a meeting with the Dutch Embassy in Portugal.
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 Dutch NCP has drafted an analysis of the CSDDD draft legislation compared to the OECD Guidelines on the request of the Dutch House of Representatives; advised on the protocol and methodology for a government-funded research into measuring the compliance of large companies with the OECD Guidelines; and provided input in the development of a policy on public procurement. The NCP has also participated in promotional events targeted at the legislative branch.
Source
Annual report 2023; questions 51 – 59