Quechua indigenous group vs. Marriott International
Descripción del caso
| Fecha archivada | 14 December 2018 |
|---|---|
| Estado actual | Rechazado |
| Asunto | Destruction of Quechua cultural sites in Peru by Marriott |
| Resumen del caso | An indigenous group in Peru has filed the first ever Quechua language complaint to the Peruvian NCP against Marriott International Inc. The complaint alleges that Marriott International Inc. and its wholly-owned subsidiary Starwood Hotels & Resorts Worldwide LLC has destroyed an ancient Inca temple, exhumed human remains from an attached cemetery, and conducted unauthorized excavations in an archaeological site in order to build a hotel of the Marriott family of hotels. The complainants request that Marriott withdraw from the hotel project and return all Incan artifacts removed during the construction. The complainants further ask for the reconstruction and restoration of the Inca site where the hotel is being built. In 2016 before the complaint was filed, the Peruvian Ministry of Culture had already issued a stop order against the project, stating that it, “after inspecting the site multiple times, determined that the execution of civil works was causing serious harm to the archaeological site, which was registered as part of the Cultural Heritage of the Nation and Humanity.” |
| Evolución/Resultado | On 18 February 2019, the Peruvian NCP admitted the complaint for consideration. In October 2019 the Peruvian NCP issued an initial assessment rejecting the complaint on three primary grounds: lack of substantiation; existence of parallel proceedings, and failure to establish a link between the company and the impacts. The complainants feel the NCP concluded that the complainants could not claim on behalf of the Quechua people and that Marriott did not violate the Guidelines because the hotel never started operations. The complainants are deeply disappointed with the result because they feel: a) The NCP has discriminated against them alleging that the Quechuas do not have a religious belief. b) The NCP has imposed on the complainants an impossible requirement: to submit documentary proof that they have received a power of attorney from the eight million people who form the Quechua nation. c) The NCP should have accepted the participation of the union Unite Here as co-complainant. d) The NCP is non-neutral, as the hotel exploration began under an investment promotion agreement signed between Proinversion (the pro-investment agency that fulfills the role of the NCP) and the developer (Inmobiliaria R&G) in 2014. In addition, the head of the NCP is a former employee of the bank which financed the project (Banco de Credito del Peru). Moreover, the father of the NCP head is a real estate consultant that at the time of the proceedings spoke to the press in favour of this hotel. |
| Principes directeurs de l’OCDE relacionados |
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| Palabras claves del caso |
Información PNC
| Nombre PNC | National Contact Point Peru |
|---|---|
| Dirección PNC | Lima, Peru |
| Sito web del PNC | http://www.investinperu.pe/modulos/JER/PlantillaStandard.aspx?are=1&prf=0&jer=5758&sec=17 |
| Otras PNCs comprometidos |
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Demandador
| ONG |
|---|
Información de la empresa
| Empresa responsable | Marriott International Inc. |
|---|---|
| Dirección de la empresa | |
| Sito web de la empresa | |
| Empresa en violación | Marriott International Inc. |
| Pais de operaciones | Perú |
| Otras empresas comprometidos |
Cronología del desarollo
| Fecha | Actor | Acción | Descripción | Documento |
|---|---|---|---|---|
| 2 March 2020 | Quechua people | comunicado de prensa | Complainants issue press release at complaint's rejection | descarga el pdf (198Kb) |
| 15 October 2019 | National Contact Point Peru | desestimar | Peruvian NCP rejects complaint | descarga el pdf (11201Kb) |
| 7 October 2019 | comunicado de prensa | Article showing father of NCP head promoting hotel | descarga el pdf (364Kb) | |
| 14 December 2018 | Quechua people | presentar | Complaint filed at Peruvian NCP - Spanish | descarga el pdf (557Kb) |
| 14 December 2018 | Quechua people | presentar | Complaint filed at Peruvian NCP - Quechua | descarga el pdf (568Kb) |
| 17 October 2018 | Declaration of Interest showing link between NCP head and lender | descarga el pdf (66Kb) | ||
| 10 August 2016 | declaración | Peruvian Ministry of Culture's stop order | descarga el pdf (2505Kb) | |
| 19 June 2014 | Mortgage agreement identifying the bank and construction site | descarga el pdf (1973Kb) | ||
| 16 May 2014 | National Contact Point Peru | Contract Proinversion and developer | descarga el pdf (368Kb) |
