Read the Final Statement published by the NCP 21 January 2022: Portuguese / English
On November 2018, José Reinaldo Soares da Silva, the legal representative of Izabel Lopes Soares da Silva, owner of the Fazenda Estrela Dalva, submitted a specific instance to the Brazil NCP alleging that Bahia Specialty Cellulose and Copener Florestal (BSC/Copener), active in the agriculture, forestry and fishing sector, and subsidiaries of the Bracell Group from Singapore, had not observed the Disclosure (Chapter III), Human Rights (Chapter IV), and Environment (Chapter VI) provisions of the Guidelines. The submitter alleges that the company improperly exploited land and is seeking restitution of property and compensation.
The initial submission was incomplete and the NCP requested further information from the submitters. On 31 August 2020, the file was considered complete and the NCP moved to initial assessment.
On 5 February 2021, the NCP partially accepted the specific instance for further examination. The case was not accepted in respect of one issue that relates to events that came to light more than 60 months prior to the date of receipt by NCP Brazil, pursuant to the NCP’s rules of procedure that include a 60 months time limit to submit a case. Following the reception of counterclaims from the company, the NCP met with experts from the National Institute of Colonization and Agrarian Reform (INCRA) to clarify technical points.
The NCP ultimately decided to close the case given that one of the claims relates to a dispute in which there was a final and unappealable decision specifying the boundaries of Santa Margarida Farm and presented INCRA (SIGEF) certification, from which the NCP concluded that there was no evidence of non-observance of the recommendations contained in chapter III of the Guidelines. Finally, the NCP considered that the additional claim was not relevant to the implementation of chapter VI of the Guidelines.
On 21 January 2022, the NCP published a final statement closing the specific instance.