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Lawyers for Palestinian Human Rights vs. J.C. Bamford Ltd

Case overview

Date filed 10 December 2019
Current status Pending
Issue JCB's machinery used in West Bank demolition and settlements
Summary of the case On 10 December 2019, the UK legal charity Lawyers for Palestinian Human Rights (LPHR) filed a specific instance against J.C.Bamford Excavators Ltd (JCB) at the UK NCP. The complaint concerns activities of JCB in the occupied West Bank, including East Jerusalem. Specifically, the complaint relates to the material and prolific use of JCB's heavy machinery products by Israel's military authorities and private contractors in demolitions and settlement-related construction that violate the human rights of Palestinians. The complainant submits that JCB is failing to take the actions needed to identify, prevent, mitigate, and address the use of its heavy machinery products in demolitions and settlement construction. The complainant submits that JCB is therefore in breach of five human rights responsibilities under the OECD Guidelines: a breach of the general obligation under Chapter 4, paragraph 1 of the OECD Guidelines to respect human rights, which results from a breach of specific human rights obligations at paragraphs 2-5 of Chapter 4 of the OECD Guidelines ('contribution', 'direct link', 'human rights due diligence', and 'human rights policy').

The complainant is seeking support of the UK NCP to help ensure that JCB: 

1. Immediately suspends supply to Comasco (an Israeli company which is the exclusive dealer of JCB products in Israel) of products that could be part of the supply chain that results in demolitions or settlement-related construction, and to permanently cease supply to Comasco should it not be able to provide credible and verifiable guarantees that such products will not be involved in the violation of Palestinian human rights;

2. Develops and publishes on its website a human rights policy that specifically sets out the due diligence methodology it applies to ensure that its products are not at risk of contributing to and/or being directly linked to a business relationship that violates human rights; and

3. Agrees to participate with LPHR and other appropriate stakeholders in establishing an effective grievance mechanism to enable remediation. Such a mechanism would be administered in accordance with the core criteria for a remediation process as specified in the OECD Guidelines, and incorporate appropriate financial and/or non-financial remedies for individuals in respect of damages suffered through the known uses of JCB products in the demolition of their homes and property, including those identified in this complaint.
Developments/Outcome On 12 October 2020, the UK NCP issued an initial assessment accepting the complaint for further consideration.
Relevant OECD Guidelines
Case keywords Forced evictions and resettlement, Human rights

NCP Information

NCP name National Contact Point United Kingdom
NCP address London, United Kingdom
NCP website https://www.gov.uk/government/groups/uk-national-contact-point-for-the-organisation-for-economic-co-operation-and-development-guidelines
Other NCPs involved

Complainant

NGO

Company Information

Company responsible J.C. Bamford Excavators Ltd.
Company address
Company website
Company in violation
Country of operations Palestinian Territory, occupied
Other companies involved

Timeline of developments

Date Actor Action Description Document
12 October 2020 National Contact Point United Kingdom initial assessment UK NCP issues initial assessment accepting complaint. download pdf (111Kb)  
12 October 2020 Lawyers for Palestinian Human Rights (LPHR) press release Complainants issue press release at acceptance of complaint. download pdf (107Kb)  
10 December 2019 Lawyers for Palestinian Human Rights (LPHR) file Complaint filed to UK NCP. download pdf (385Kb)  
10 December 2019 Lawyers for Palestinian Human Rights (LPHR) press release Complainants issue press release at filing. download pdf (94Kb)  

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