OECD Complaints and Final Panel Report
Dublin Core
Title
OECD Complaints and Final Panel Report
Subject
resettlement; displacement; OECD complaint; Tabaco; Chancleta; Patilla; Tamaquito II; Roche
Description
Cerrejón Coal, one of the largest open-pit coal mines in the world, is co-owned by BHP-Billiton (Australia), Anglo-American (UK) and Xstrata (Switzerland). According to the complaint, Cerrejón has attempted to depopulate an area of the La Guajira peninsula by destroying the township of Tabaco and forcibly expelling the remaining population through a purported expropriation.
Another five communities are suffering from the effects of what is called locally ‘estrangulación’ (strangulation), actions taken by the company that are designed to make living unviable in the area and therefore drive the population out. The complainants allege that this has caused suffering and hardship for the former population of Tabaco and of the other five pueblos.
On 9 October 2007, the UK NCP organised a meeting in London with local Cerrejón Coal management, the Australian and Swiss NCPs, the companies and the complainants. Since then, emails have been exchanged, but no further mediation has occurred. At that meeting a proposed Third Party Review initiated by Cerrejón Coal was accepted by the NCP as a solution/answer for the complaint. The OECD Guidelines case was suspended until the Third Party Review published its report in March 2008.
In July 2008 the Australian NCP sent a draft final statement to the parties for comments. BHP Billiton and Xstrata claim that local Cerrejón management now has the capacity and the knowledge to conduct proper resettlement process and that there is no need for a third party mediation. However, although the resettlement processes is taking place on paper, no mutually agreed negotiation scheme has been agreed with the complainants, nor has the communities’ ability to negotiate improved.
A positive outcome of the case was the December 2008 agreement reached between Cerrejón Coal and the township of Tobaco, which included contributions to indemnities of US$1.8 million and a further US$ 1.3 million for sustainable projects. A similar agreement has not been reached for the other five affected communities.
The complainants requested that the NCPs conduct fact-finding on the ground in Colombia either in person or through the respective embassies, but the Swiss NCP responded that the NCP does not have the human or financial resources to carry out local fact-finding or mediation, and that doing so would be a violation of national sovereignty. This seems to be at odds with the approaches of the UK and Dutch NCPs. The Swiss NCP further argued that local embassies cannot carry out the duties of the NCPs. The Swiss NCP mentioned that this may change after the upcoming review of the Guidelines and Procedural Guidance.
The Swiss NCP supports the final statement of the Australian NCP and takes it as a basis to formally close the specific instance. Complainants object to this closure, as concerns of the five communities have not been resolved and nearly no progress has made made on the resettlement. The final statement of the Australian NCP acknowledges this.
Another five communities are suffering from the effects of what is called locally ‘estrangulación’ (strangulation), actions taken by the company that are designed to make living unviable in the area and therefore drive the population out. The complainants allege that this has caused suffering and hardship for the former population of Tabaco and of the other five pueblos.
On 9 October 2007, the UK NCP organised a meeting in London with local Cerrejón Coal management, the Australian and Swiss NCPs, the companies and the complainants. Since then, emails have been exchanged, but no further mediation has occurred. At that meeting a proposed Third Party Review initiated by Cerrejón Coal was accepted by the NCP as a solution/answer for the complaint. The OECD Guidelines case was suspended until the Third Party Review published its report in March 2008.
In July 2008 the Australian NCP sent a draft final statement to the parties for comments. BHP Billiton and Xstrata claim that local Cerrejón management now has the capacity and the knowledge to conduct proper resettlement process and that there is no need for a third party mediation. However, although the resettlement processes is taking place on paper, no mutually agreed negotiation scheme has been agreed with the complainants, nor has the communities’ ability to negotiate improved.
A positive outcome of the case was the December 2008 agreement reached between Cerrejón Coal and the township of Tobaco, which included contributions to indemnities of US$1.8 million and a further US$ 1.3 million for sustainable projects. A similar agreement has not been reached for the other five affected communities.
The complainants requested that the NCPs conduct fact-finding on the ground in Colombia either in person or through the respective embassies, but the Swiss NCP responded that the NCP does not have the human or financial resources to carry out local fact-finding or mediation, and that doing so would be a violation of national sovereignty. This seems to be at odds with the approaches of the UK and Dutch NCPs. The Swiss NCP further argued that local embassies cannot carry out the duties of the NCPs. The Swiss NCP mentioned that this may change after the upcoming review of the Guidelines and Procedural Guidance.
The Swiss NCP supports the final statement of the Australian NCP and takes it as a basis to formally close the specific instance. Complainants object to this closure, as concerns of the five communities have not been resolved and nearly no progress has made made on the resettlement. The final statement of the Australian NCP acknowledges this.
Creator
OECD National Contact Point of Switzerland, OECD National Contract Point of Australia, Expert Panel, ASK, Corporación Colectivo de Abogados, CCdea
Source
https://complaints.oecdwatch.org/cases/Case_153
https://complaints.oecdwatch.org/cases/Case_121
https://complaints.oecdwatch.org/cases/Case_121
Publisher
OECD Watch
Date
2007-2009
Format
PDF
Language
English
Type
Press release
Coverage
Switzerland, Colombia, Australia
Texto/Text Item Type Metadata
Original Format
Documento/document
Files
Citation
OECD National Contact Point of Switzerland, OECD National Contract Point of Australia, Expert Panel, ASK, Corporación Colectivo de Abogados, CCdea, “OECD Complaints and Final Panel Report,” Archivo Afro Guajiro, accessed June 4, 2023, http://afroguajiro.digitalprojects.network/items/show/4.