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ADIMED vs. Pharmakina S.A.

Case overview

Date filed 16 May 2018
Current status Rechazado
Issue Pharmakina human and labour rights harms in DRC civil war
Summary of the case An NGO from the Democratic Republic of Congo (DRC) called ADIMED (Action pour le développement et l’innovation médicale) submitted a complaint to the German NCP arguing that Pharmakina SA, a manufacturer of quinine in the DRC, had breached the OECD Guidelines by cooperating with rebel forces during the civil war in the DRC between 1996-1999 and violating human rights and labor law when laying off 139 workers during that time.
Developments/Outcome The German NCP traced the ownership of the company, finding that it had not been owned by a German company, but is rather a DRC-headquartered company of which 99.99% of its shares have been, since 1999, held by a Luxembourg public limited company. The German NCP found that although a German company may have been a shareholder until 1997, that company ceased to exist at that time and could not form a basis for territorial jurisdiction. The German NCP declined to transfer the complaint to the Luxembourg NCP or any other NCP, saying this would have required an in-depth assessment of the material aspects of the case. In OECD Watch’s opinion, rather than rejecting the case outright, the German NCP should have transferred the case to the Luxembourg NCP and allowed that NCP to do its own initial assessment.
Relevant OECD Guidelines
Case keywords Los derechos laborales, Los derechos humanos, Conflicto violento

NCP Information

NCP name National Contact Point Germany
NCP address Berlin, Germany
NCP website
Other NCPs involved


Company Information

Company responsible Pharmakina S.A.
Company address
Company website
Company in violation
Country of operations Congo, The Democratic Republic of the
Other companies involved

Timeline of developments

Date Actor Action Description Document
18 October 2018 National Contact Point Germany desestimar German NCP rejects complaint download pdf (276Kb)  
16 May 2018 Action pour le développement et l’innovation médicale presentar ADIMED files complaint  

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