Read the Initial Assessment published by the NCP 15 December 2020: English
Read the Final Statement published by the NCP 16 June 2022: English
On 17 September 2020, Public Eye, an NGO, Maharashtra Association of Pesticide Poisoned Persons (MAPPP), an NGO, Pesticide Action Network (PAN), an NGO as well as the European Center for Constitutional and Human Rights (ECCHR) and Pesticide Action Network Asia Pacific (PANAP) submitted a specific instance to the Swiss NCP alleging that Syngenta India Ltd had not observed the Human Rights (Chapter IV) and Consumer Interests (VIII) provisions of the OECD Guidelines. The issues were related to the sale of a pesticide to farmers and farm workers in India.
On 15 December 2020, the Swiss NCP published an initial assessment deciding to accept the case for further consideration. The NCP moved to the good offices phase of the procedure and both parties accepted mediation. The issues discussed included Syngenta’s due diligence and sales practices related to their pesticides in India in view of meeting agreed standards for consumers (incl. small farmers) health and safety. Furthermore, Parties exchanged on Syngenta’s initiative of professionalisation of spray services in India, the prevention of negative impacts of the use of pesticides including labeling of products, product information for various stakeholder and personal protective equipment. Finally, they discussed the alignment of Syngenta’s customer complaint process with the recommendations set out in the OECD Due Diligence Guidance for Responsible Business Conduct.
On 16 June 2022, the NCP published a final statement noting that, although the extensive mediation led partly to a better mutual understanding between the Parties, there were differing views on the impact of ongoing judicial proceedings at the Civil Court of Basel on the mediation process. Therefore no agreement could be reached.
The NCP recommends that Syngenta review its customer complaint process in India based on the OECD Due Diligence Guidance for Responsible Business Conduct. It also encourages the submitting Parties to comment on the training programmes for farmers in India within the framework of its professionalisation of spraying services upon request of Syngenta.
The NCP will follow up with the parties nine months after the publication of the final statement.