Read the final assessment (Spanish) issued by the Colombian NCP on 5 March 2018
On 19 July 2016, the Colombian NCP received a submission from the National Trade Union of ExxonMobil-Colombia (SINTRAEXXOM) alleging the non-observance of the Employment and Industrial Relations and Human Rights Chapters of the Guidelines by ExxonMobil - Colombia S.A. (EXXONMOBIL), a company incorporated in Colombia and headquartered in the US.
The submitter claimed that both the Chapter on Human Rights and Chapter on Employment and Industrial Relations were not observed as a result of an alleged violation of the right to a due process of law, freedom of association, non-discrimination, and a violation of the right to collective bargaining of unionised workers.
The Colombian NCP held separate meetings with SINTRAEXXOM, EXXONMOBIL and its Advisory Committee. During the course of the meetings with the direct stakeholders, the NCP clarified the purpose and functioning of the specific instance, and provided a space for parties to present their reasoning and arguments.
On 5 March 2018, the NCP issued a final assessment and decided to not accept the case for the following reasons:
- The offering of good offices could create serious prejudice for parties involved in judicial proceedings or cause a contempt of court situation.
- The Colombian NCP is not the competent authority to decide upon the alleged violations.
Despite the NCP’s decision to not accept the case, the NCP indicated that, notwithstanding the closed and ongoing judicial proceedings, the company is still expected to conduct due diligence with respect to adverse impacts it may cause or contribute to or those that may be directly linked its operations, products or services by a business relationship.
The NCP recommended the parties create and promote spaces for dialogue, in order to prevent and mitigate adverse impacts.