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Promoting competition, protecting human rights – Roel NIEUWENKAMP – OECD Working Party on Responsible Business Conduct – November 2016 OECD discussion

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This presentation by Roel NIEUWENKAMP, Chair of the OECD Working Party on Responsible Business Conduct was made during the discussion on "Promoting competition, protecting human rights" held at the 15th Global Forum on Competition on 1 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/promoting-competition-protecting-human-rights.htm

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Promoting competition, protecting human rights – Roel NIEUWENKAMP – OECD Working Party on Responsible Business Conduct – November 2016 OECD discussion

  1. 1. COMPETITION & HUMAN RIGHTS PERSPECTIVE FROM UN GUIDING PRINCIPLES / OECD GUIDELINES FOR RESPONSIBLE BUSINESS DECEMBER 1ST 2016 Prof. Dr. Roel Nieuwenkamp CHAIR of the OECD WORKING PARTY ON RESPONSIBLE BUSINESS CONDUCT
  2. 2. OECD Guidelines for Multinational Enterprises • Comprehensive, multilateral agreement on Business & Human Rights • Binding legal obligation to set up National Contact Point • Globally active Business & Human Rights complaints mechanism • Recommendations to Multinational Enterprises • ‘Firm expectation’ of company behaviour: ethically compelling
  3. 3. Areas covered by the Guidelines  Disclosure  Human Rights (Based on UN Guiding Principles)  Employment and Industrial Relations  Environment  Bribery, bribe solicitations, extortion  Consumer interests  Science and technology  Competition  Taxation - Approx. 50% cases concern Human Rights (2011-2015)
  4. 4. • 360+ specific instances, about businesses in >100 countries/territories • Approx 50% accepted cases → agreement between parties* • 36% of concluded cases → policy changes company* • Impacts such as - Ending child labour in supply chain - Health & safety improved in supply chain - No oil exploration in World Heritage Site - Improved dialogue with trade unions - Better Human Rights Due Diligence in supply chain, etc. Impacts NCP System – 15 years * Between 2011-2016 4
  5. 5. Due Diligence and Supply Chain Responsibility
  6. 6. P Due Diligence and Supply Chain Responsibility
  7. 7.  Leverage  Collaboration Due Diligence and Supply Chain Responsibility
  8. 8.  Collaboration = OK in Pre Competitive Space  Issue = solved many times  Steps: 1. Seek advice from competition enforcers 2. Transparancy 3. Compliance Programs Competition & Collaboration on Human Rights
  9. 9.  Fair Factories Clearinghouse  Initiative Sustainable Trade  Bonsucro  Sustainable Apparel Coalition  OECD Responsible Minerals Forum  Better Coal Initiative  Fair Wear Foundation Competition & Collaboration on Human Rights
  10. 10.  Prices, discounts, cost info  Allocating geographic / product markets  Boycotts/ exclusion  Bidding/ refraining from bidding  Commercial details indiv customers/ suppliers  Competitive info  Impact on Consumer Price Competition & Collaboration on Human Rights
  11. 11. Further information http://mneguidelines.oecd.org Contact: Prof dr Roel Nieuwenkamp, Chair of the Working Party on Responsible Business Conduct – roel.nieuwenkamp@minbuza.nl @Nieuwenkamp_CSR #OECDrbc Friends of OECD Guidelines Blog: https://friendsoftheoecdguidelines.wordpress.com/

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