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Forum Suape et al. vs. Complexo Industrial e Portuário Eral

Aperçu de la plainte

Date de soumission 1 June 2015
Statut actuel Rejected
Thème Adverse impacts of Van Oord’s dredging operations in Brazil
Résumé de la plainte Communities of fishermen and shellfish collectors in the Brazilian state of Pernambuco, along with Brazilian and Dutch NGOs, allege that the Dutch dredging company Van Oord and the Dutch export credit agency Atradius DSB have failed to comply with the OECD Guidelines related to a dredging project in north-eastern Brazil. Van Oord has been active in the Port of Suape since 1995. Its most recent projects include dredging for the Promar Shipyard and the dredging of an ocean access channel to the Port of Suape. In November 2011, the official export credit agency of the Dutch government, Atradius DSB, provided Van Oord with an export credit insurance for its operations in Suape. The complaint is the first under the revised OECD Guidelines to be directed against an export credit agency.

According to the complainants, Van Oords dredging operations have caused numerous adverse human rights and environmental impacts. Extended sections of rocky ocean bottom have been blown up with explosives as part of the dredging process. Coral reefs, and mangrove forests have been destroyed seriously affecting local fish populations. Local water management systems are affected in such a way that people living in the port area increasingly suffer from floods. Traditional fishermen and small-scale farmers lost their homes and livelihoods, for which they have received insufficient compensation. The complaint further alleges that Van Oord and Atradius DSB, in collusion with the Suape port authority, failed to conduct appropriate human rights due diligence in order to prevent and mitigate human rights impacts, failed to provide local stakeholders with timely information about the projects adverse impacts, and failed to meaningfully engage stakeholders on business decisions that directly impacted them.

The complainants request that the Brazilian and Dutch NCPs jointly handle the case and that they facilitate a dialogue with Van Oord and Atradius aimed at bringing the activities of both companies into line with the OECD Guidelines. Specifically, the complainants request that Van Oord remediate the damage it has caused by rehabilitating damaged areas and ensure protection for other areas endangered by the dredging operations. The complainants also request that the loss of local livelihoods be remediated by establishing protected fish reserves. Finally, the complainants demand that both Van Oord and Atradius DSB undertake and communicate publicly about a process of due diligence to identify, prevent, mitigate and remedy impacts that they cause, or to which they contribute or are linked.
Développements/Résultat The complaint (in Portuguese) was filed simultaneously with the Brazilian and Dutch NCPs. Both NCPs have confirmed receipt. The Dutch NCP translated the complaint from Portuguese into English. The NCPs decided that the Brazilian NCP would take the lead in the cases against Van Oord and Complexo Industrial Portuário Eraldo Gueiros, whereas the Dutch NCP would take the lead in handling the complaint against Atradius DSB.

In December 2015 the Dutch NCP accepted the complaint against Atradius DSB. Although Atradius and the Dutch ministry of Finance argued otherwise, by accepting the case the Dutch NCP confirmed that the export credit agency can be regarded as a company according to the OECD Guidelines. The complaint against Atradius completed in November 2016.

Meanwhile, in August 2015, the Brazilian NCP accepted the complaint against Van Oord, but rejected the complaint against Complexo Industrial Portuário Eraldo Gueiros arguing that it is not a multinational enterprise. Since the NCP was not able to host such a dialogue in the vicinity of the affected fishing communities, Van Oord and the complaining parties decided to set up such a dialogue themselves under the guidance of a professional mediator. Over the next five years, three different meaningful two-day mediation meetings were held with representatives of Van Oord present in Pernambuco, each time with the participation of members of the affected communities. In the last such meeting also a representative of the Brazilian NCP participator as an observer.

On the 5 June 2020, following the common ground developed in this independent mediation process, the NCP decided to close this specific instance with the issuance of its final statement. The final statement takes note of the agreements already achieved via the independent mediation process on some of the demands raised in the original complaint, such as the exploration of the feasibility of artificial reef systems, the feasibility of a public health system for local fishing communities, the improvement of the anchoring areas for vessels off the coast, and the availability of safety equipment on the boats of local fishermen. The final statement also recommends continuation of the private mediation process to address remaining issues of contention that remain unsolved. Though the Brazilian NCP decided to close the case, it indicated that it remains interested in obtaining progress reports on this mediation process if and when they become available.
Principes directeurs de l'OCDE concernés
Mots-clés concernant les plaintes

Données sur le PCN

Nom du PCN National Contact Point Brazil
Coordonnées du PCN Brasilia DF, Brazil
Site web du PCN
Autres PCN impliqués



Données sur l'entreprise

Entreprise responsable Complexo Industrial e Portuário Eraldo Gueiros Empresa Suape
Coordonnées de l'entreprise
Site web de l'entreprise
Entreprise en violation
Pays où se déroulent les opérations Brésil
Autre entreprises impliquées

Calendrier des dévelopements

Date Acteur Action Description Document
3 December 2015 National Contact Point Netherlands accept The NCP accepts the complaint against Atradius DSB téléchargez le document pdf (128Kb)  
18 August 2015 National Contact Point Brazil reject The Brazilian NCP accepts the complainst against Van Oord, but rejects the complaint against Complexo Industrial Portuário Eraldo Gueiros téléchargez le document pdf (394Kb)  
3 July 2015 National Contact Point Netherlands letter The Dutch NCP translated the complaint into English.  
3 July 2015 National Contact Point Netherlands file The Dutch NCP translated the accompanying letter in English.  
1 June 2015 Associação Forum Suape Espaço Socioambiental file The complaint (in Portuguese) was filed simultaneously with the Brazilian and Dutch NCPs. The Dutch NCP has confirmed receipt and indicated it will translate the complaint from Portuguese into English. téléchargez le document pdf (125Kb)  

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