2 Handling specific instances
The OECD National Contact Point system gives organisations and individuals a grievance mechanism when they believe that enterprises have failed to observe the guidelines for responsible business conduct. The mechanism is non-judicial. The NCP offers dialogue and mediation between the parties, and the goal of the process is to arrive at a joint solution.
The NCP handles complaints against companies that operate in or from Norway. The handling of specific instances is to be impartial, predictable, equitable and compatible with the OECD Guidelines. The specific instances are handled in accordance with the procedures set out in the OECD Guidelines and the NCP’s procedural guidelines.
Complaint against Aker BP ASA and Aker ASA
In 2023, the NCP accepted two complaints against Aker BP ASA and Aker ASA, respectively, for further consideration and offered the parties dialogue and mediation.
The specific instances concern Aker BP ASA’s acquisition of Lundin Energy AB’s oil and gas business in Norway (Lundin Energy Norway AS).
The complainants claim that Lundin Energy AB (formerly Lundin Oil AB, now Orrön Energy AB) contributed to serious and systematic human rights violations in Sudan during the period 1997 to 2003 in connection with the company’s activities in the country. Chair and former CEO of Lundin Energy AB is accused of complicity in violations of international law in Sweden.
The complainants believe that a result of Aker BP ASA’s acquisition is that Orrön Energy AB will not be able to financially compensate victims of human rights violations in Sudan in the future. They claim that Aker BP ASA and Aker ASA have failed to observe the OECD Guidelines concerning due diligence with respect to human rights in connection with the acquisition, stakeholder dialogue and addressing ongoing, un-remediated adverse impacts. Aker BP ASA and Aker ASA have disputed the complainants’ claims.
Three South Sudanese and five European organisations filed the complaints in May 2022 on behalf of some 200,000 South Sudanese victims of human rights violations. The organisations are Civil Society Coalition on Natural Resources, Liech Victims Voices, South Sudan Council of Churches, Global Idé, Norwegian Church Aid, Norwegian People’s Aid, PAX and Swedwatch.
The NCP’s initial assessment was published on 27 February 2023. The NCP decided to accept parts of the complaints for further consideration, limited to questions concerning the Aker companies’ due diligence with respect to human rights in connection with the acquisition.
The parties accepted the offer of dialogue and mediation. Three days were set aside for mediation in August with experienced, external mediators, who were approved by both parties. The mediators were the former chair of the Dutch NCP, Maartje van Putten, and Supreme Court Judge in Norway Ingvald Falch. The parties failed to reach agreement and the case is now under consideration by the NCP.