Read the Final Statement published 17 January 2025: English
On 3 May 2023, ClientEarth submitted a specific instance to the U.S. NCP alleging that Cargill, Incorporated, a privately-owned U.S. multinational in the agriculture sector, had not observed the General Policies (Chapter II), Disclosure (Chapter III), Human Rights (Chapter IV), and Environment (Chapter VI) provisions of the Guidelines. Specifically, the submission concerned Cargill’s alleged failure to conduct adequate environmental and human rights due diligence in its Brazilian soy supply chains, including issues of deforestation, indirect sourcing, and lack of transparency regarding environmental and human rights impacts.
On 17 January 2025, the U.S. NCP published its final statement, concluding that the specific instance would not be accepted for further examination. The NCP found that while the issues raised were material to the Guidelines, further consideration would not contribute to the purpose or effectiveness of the Guidelines. In particular, the notifier had not included representation or authorization from the Brazilian communities allegedly affected, which would preclude meaningful mediation or agreement under the NCP process.
The U.S. NCP nevertheless issued recommendations to the company, notably that Cargill act consistently with the Guidelines concerning it soy operations and supply chains in Brazil.