Examining outcomes of complaints concluded in 2022, Exploring highlights for remedy under the updated OECD Guidelines

2022 marked a disappointing year in terms of agreements reached in complaints filed by communities and NGOs under the Guidelines. Only one of the 23 cases concluded by NCPs reached an agreement. Meanwhile, parallel proceedings, companies’ refusal to engage, and lack of transparency continued to stymie access to justice.

Despite this, there were several positive remedy-related trends: unlike in previous years, fewer complaints were rejected by NCPs at the initial assessment stage; more NCPs used their expertise to make determinations of (non-)compliance by companies with the standards in the Guidelines; and some NCPs used their expertise to provide guidance on novel and important RBC concepts under the Guidelines.

This report examines important trends and issues across complaints concluded in 2022. It also highlights not only OECD Watch’s views on how NCPs should improve, but also where the updated OECD Guidelines encourage better performance. OECD Watch urges NCPs to heed the recommendations laid out in the updated Procedures and strengthen access to remedy for the next decade.

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