Read the Final Statement published by the NCP on 1 February 2023: English
On 9 October 2020, three individuals from the Democratic Republic of the Congo (DRC) submitted a specific instance to the U.S NCP alleging that American based beverage company Coca-Cola breached the Guidelines by its failure to execute due diligence and remediation in an ongoing business relationship with Pharmakina, a company based in the DRC, who had not observed the Concepts and Principles (Chapter I), General Policies (Chapter II), Human Rights (Chapter IV), Employment and Industrial Relations (Chapter V), Environment (Chapter VI), Combating Bribery, Bribe Solicitations and Extortion (Chapter VII) provisions of the Guidelines. Specifically, the issue related to the alleged actions of the submitters’ former employer, Pharmakina SA, a company that produces quinine, firing eight of these employee representatives after the submission of a letter of complaint demanding minimum wage. The submission also alleged that Pharmakina committed other actions contrary to the Guidelines, including environmental damage.
On 21 December 2022, in its initial assessment, the NCP decided not to accept the Specific Instance, primarily because the submitters did not substantiate their assertion of a business relationship between Coca-Cola and the alleged harm.
In its statement, the U.S. NCP expressed grave concern regarding the apparent years-long imprisonment and fines imposed by DRC authorities against one of the submitters, and the extent to which these actions were taken as a reprisal for submitting a related Specific Instance to other NCPs in 2019.
The Specific Instance was closed by the U.S NCP and there is no follow up planned.