According to the actual dist r ibut ion of responsibi l i t ies among them, the different ent i t ies are expected to co-operate and to ass ist one another to faci l i tate observance of the Guidel ines.” Company groups need to take the same approach to the Guidel ines, especial ly on employment and industr ia l re lat ions issues. [...] ’ The 2023 OECD Guidelines in the Shadow of the Draft EU CSDDD As the above analys is shows, the 2023 Guidel ines have s ignif icant ly updated the provis ions on stakeholder engagement, including by: introducing the idea of marginal ized and vulnerable stakeholders; re i terat ing the need to avoid repr isals and to remove barr iers to engagement; and sett ing out the cr i ter ia necessary to mak. [...] The approximation of the two texts seems to be completed with the language, in the Agreement, that States need to ‘ take the necessary measures, through legal or administ rat ive f rameworks , among others , to promote access to envi ronmental information in the possess ion of pr ivate ent i t ies , in part icular information on their operat ions and the poss ible r isks and effects on human healt. [...] I t i s thereby paramount for MNEs to commit to upholding the r ights of indigenous peoples as out l ined in UNDRIP in re lat ion to the Guidel ines.[6] In order to do this , i t i s necessary for MNEs to be aware of the UNDRIP, adopt specif ic guidel ines and bui ld their capacit ies , on how to engage with Indigenous Peoples in l ine with ensur ing respect for our col lect ive r ights , includin. [...] I f these provis ions had been in the Guidel ines when the complaint was f i led, the complainants could have argued the expectat ion that Eni had a proact ive responsibi l i ty to help the community al lev iate the f loods, s ince the interact ion between i ts faci l i t ies and the worsening rains certain ly increases the l ike l ihood of c l imate change-l inked damage to person and property.
Authors
- Pages
- 58
- Published in
- Netherlands
