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CEDHA vs Finnvera plc

Case overview

Date filed 8 June 2006
Current status Rejected
Issue Botnia's Orion pulp mill project in Uruguay
Summary of the case CEDHA’s complaint alleges that Botnia’s Orion pulp mill project will impact local communities’ economic livelihoods and human rights. The complainants maintain the project is plagued with environmental problems, including the company’s failure to collect and provide reliable information about the project’s real and foreseeable impacts. The complaint also states the project is straining regional diplomatic relations between Argentina and Uruguay. Another case against Nordea, a financial institution, was filed with the Swedish NCP.

Finnvera, the Finnish Export Credit Agency, is supporting Botnia’s Orion pulp mill project. The complaint calls on the Finnish NCP to insist that Finnvera cease consideration of the Botnia project given Botnia’s breaches to the Guidelines. Finnvera is an independent export credit agency owned 100 per cent by the Finnish state.
Developments/Outcome At the June 2006 annual meeting of NCPs, the Finnish NCP invited CEDHA to a meeting to discuss the Botnia and Finnvera cases in August 2006.

In August, the Finnish NCP informed CEDHA via email that the complaints against Botnia, Finnvera and Nordea will be discussed during the August 30 meeting in Helsinki. However, the Finnish NCP did not confirm it has accepted the Finnvera and Botnia cases.

In October 2006, the Finnish NCP rejected the Finnvera complaint citing the fact that the OECD Guidelines are not applicable because Finnvera is not a multinational enterprise and the Guidelines cannot be considered to refer to state’s export guarantee activities .

In response, CEDHA lodged two complaints with the OECD’s Investment Committee and Finland’s Parliamentary Ombudsman concerning the Finnish NCP’s decision to reject the complaint in January 2007.

In February 2007, the Finnish NCP refused to review its decision.
Relevant OECD Guidelines
Case keywords Supply chain, Human rights, Environment, Financial sector, Investment nexus, Parallel (legal) proceedings, Disclosure of information

NCP Information

NCP name National Contact Point Finland
NCP address Helsinki, Finland
NCP website www.tem.fi
Other NCPs involved

Complainant

NGO

Company Information

Company responsible Finnvera
Company address Eteläesplanadi 8
00101 Helsinki
Finland
Company website
Company in violation Finnvera
Country of operations Uruguay
Other companies involved

Timeline of developments

Some developments are only visible to logged in users.
Date Actor Action Description Document
1 March 2007 Center for Human Rights and Environment report CEDHA’s report, “Investment Nexus and Financial Institutions in the Implementation of the OECD Guidelines for Multinational Enterprises” download pdf (213Kb)  
30 January 2007 Center for Human Rights and Environment letter Complaint to Finland’s Parliamentary Ombudsman against the Finnish NCP download pdf (38Kb)  
12 October 2006 National Contact Point Finland letter Finnish NCP letter stating its conclusion that the OECD Guidelines are not applicable because Finnvera is not a multinational enterprise and the Guidelines cannot be considered to refer to state’s export guarantee activities. download pdf (64Kb)  
8 June 2006 Center for Human Rights and Environment file Complaint submitted to Finnish NCP. download pdf (166Kb)  
8 June 2006 Center for Human Rights and Environment press release Press release (English) download pdf (29Kb)  
8 June 2006 Center for Human Rights and Environment press release Press release (Spanish) download pdf (38Kb)  

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