Date filed
13 February 2018
Keywords
Countries of harm
Current status
No resolution
Sector
NCP

Allegations

On 13 February 2018, two community-based organisations in Cameroon, Association des Habitants de Ndogpassi I, II et III [Ndogpassi I, II and III Residents Association] (AHN) and Cercle de Bon Voisinage de Logmayangui [Logmayangui Good Neighbours Circle] (CBVL), supported by Centre d’actions pour la Vie et pour la Terre (CAVT), filed a complaint to NCP UK against Victoria Oil and Gas. They allege that the company through its Cameroon-based subsidiary, Gaz Du Cameroun, violated the OECD Guidelines in operations at the Logbaba Gas Project. The complainants allege that riverside communities affected by the Project experience the negative effects of water pollution, noise and nuisance from (explosions at) the gas exploitation site, destruction of homes and loss of household income. Community members also complain about the lack of meaningful engagement by the company and lack of information about (potential) negative effects on their health and safety.

The complainants hope that the NCP is able to facilitate a dialogue between the company and the community and facilitate access to remedy for the negative impacts experienced by community members.

Relevant OECD Guidelines

Outcome

On 20 December 2018, the UK NCP published its initial assessment, in which it accepted the case for further investigation. The NCP stated that it would formally ask the parties whether they are willing to engage in a mediation/conciliation process with the aim of reaching an agreement.

On 22 October 2022, the NCP published its final statement. Both parties initially accepted the NCP’s offer of mediation, but after the first mediation meeting (on 30 January 2020) they informed the NCP that they were pursuing an agreement outside the NCP mediation process. In May 2020, the parties informed the NCP that they were unable to reach an agreement. The NCP wrote to the parties to say that it would begin a further examination of the issues that were accepted at the initial assessment stage.

The NCP made determinations in relation to the company’s compliance and non-compliance with the Guidelines. The NCP determined that the company did not meet the standards in relation to Chapter II (General Policies, paragraphs 7 and 14 – meaningful stakeholder engagement) and Chapter VI (Environment, paragraphs 5 and 6).

Regarding Chapter II: “The UK NCP considers that the complainants have shown that there is not a system in place to effectively engage with the local population, and to foster a relationship of confidence. For instance, materials were not provided in an accessible language, the local population were not given enough time in the consultation and the Platform Meetings were cancelled without notice.”

Regarding Chapter VI, paragraph 6: “Within the remit of the UK NCP further examination the UK NCP did not see sufficient evidence of VOG seeking to improve corporate environmental performance, for instance, through target setting or the development of strategies for emission reduction, and therefore finds that VOG has not fully observed Chapter VI Paragraph 6.”

Regarding Chapter VI, paragraph 5: “The UK NCP considers that whilst VOG demonstrated how is applies safety measure throughout gas processes it did not see evidence of an explicit contingency plan for preventing, mitigating, or controlling serious environmental and health damage from VOG’s operations which might impact the local community. Therefore the UK NCP finds that VOG has not fully observed Chapter VI Paragraph 5.”

The NCP determined that the company did meet its obligations under Chapter II (General policies, paragraphs 4 and 10), Chapter III (Disclosure, paragraphs 1 and 2), Chapter IV (Human Rights, paragraphs 1, 4, and 6), Chapter V (Employment and Industrial Relations, paragraphs 5, A1, and 1B), and Chapter VI (Environment, paragraphs 1, 3, and 7).

The NCP made several recommendations to the company:

  • “develop and apply effective self-regulatory practices and management systems that foster a relationship of confidence and mutual trust between enterprises and the societies in which they operate
  • engage with relevant stakeholders in order to provide meaningful opportunities for their views to be taken into account in relation to planning and decision making for projects or other activities that may significantly impact local communities
  • continually seek to improve corporate environmental performance, at the level of the enterprise and, where appropriate, of its supply chain
  • maintain contingency plans for preventing, mitigating, and controlling serious environmental and health damage from their operations, including accidents and emergencies; and mechanisms for immediate reporting to the competent authorities”

The NCP will issue a follow-up report in September 2023.

More details

Defendant
Company in violation
Other companies involved
Complainants
Affected people
Date rejected / concluded
22 October 2022

Documents