Read the initial assessment published 12 May 2020: English
Read the final statement published 26 August 2021: English
Read the follow up statement published 19 May 2022: English
On 16 January 2020, the Swiss NCP received a specific instance from the Society for Threatened Peoples Switzerland, an NGO, alleging that BKW Group, an energy and infrastructure company, did not observe the General Policies (Chapter II) and Human Rights (Chapter IV) provisions of the Guidelines. Specifically, the submitters alleged a violation of the human rights of the Sami indigenous people as a result of its minority stake in the construction of the “Fosen Vind DA” wind power plant in Norway. The submission relates to BKW Group's due diligence process to prevent or mitigate possible impacts and consultations with the indigenous community.
On 12 May 2020, the NCP published its initial assessment in which it concluded that the issues raised in the submission merited further consideration. The NCP accepted the specific instance and offered its good offices to the parties.
On 26 August 2021, the Swiss NCP published a final statement concluding the case with a full agreement after both parties participated in mediation. Notably, BKW agreed to revise its Code of Conduct and integrate the respect of human rights as well as the the Principle of Free, prior and informed consent (FPIC) concerning vulnerable groups. BKW further agreed to make its grievance mechanism accessible to all groups affected by its projects and provide for or cooperate in the appropriate remediation of adverse impacts. BKW will demand a similar commitment from its business partners and will reflect its human rights standards in contracts with business partners, including the option to withdraw in the case of continued non-compliance.
The NCP further recommended that both parties continue their dialogue and collaboration, and BKW continue its efforts to work on the implementation of the agreement.
On 19 May 2022, the NCP published a follow up report noting that BKW has taken concrete steps to implement the agreed measures such as the publication of an updated Code of Conduct including the concept of FPIC. It has also revised its guidelines and processes for due diligence. The report however notes incomplete and ongoing work by the company to ensure a structured stakeholder and right-holder management process in order to identify vulnerable groups and implement FPIC. The NCP notes that BKW also addressed its expectations about the respect of human rights and the protection of vulnerable groups in contracts with business partners. These also foresee exit options in the case of non-compliance. BKW will implement project-related grievance mechanisms with regard to future projects where it will have the majority stake or where there might be a risk of human rights violation.
This follow up will conclude the Swiss NCP’s handling of the specific instance.