Historic agreement between Heineken and former Congolese workers seeking remedy in labour rights dispute
Alleged labour and human rights abuses
The complaint, which was filed with the Dutch NCP in October 2015, alleged that Bralima abused the human rights of 168 workers in its Bukavu factory in the period 1999-2003 by unjustly dismissing them and by cooperating with the rebel movement RCD-Goma, which negatively impacted the workers and their families. According to the complaint, Bralima took advantage of a period of political turmoil in the DRC to quickly dismiss a large number of employees without authorisation from the competent labour authority, but from the rebel movement RCD-Goma instead. The employees dismissed en masse were replaced by temporary workers. As Bralima’s parent company, the workers claimed that Heineken had or should have had knowledge of the situation and should have used its influence to prevent the abuse of the workers’ rights. In failing to do so, the workers held Heineken responsible and demanded that Heineken compensate them for the harm done.
Professional, accessible NCP facilitates dispute resolution
After deeming the complaint admissible, the Dutch NCP initiated a process of fact-finding and mediation, with Heineken and the workers agreeing to participate in good faith. Between January and August 2017, the NCP facilitated dialogue meetings between the parties at the Dutch embassies in Uganda and France, and Heineken met separately with the workers on two occasions. Crucially, the Dutch NCP made itself fully accessible to the complainants throughout the process by translating all key documents and facilitating their travel, allowing them to participate where they otherwise would not have been able. This is a rare instance of a government keeping its promise to have an accessible NCP, which was a key success factor in the case.
Agreement
Though the details of the ultimate agreement remain confidential, all parties indicate that they are satisfied with the outcome. John Namegabe Bugabo, one of the former employees:
As part of the agreement, Heineken has committed to improving its policy and practices on doing business in volatile and conflict-affected countries. An evaluation of the implementation of the agreement will be conducted in mid-2018.
More information on the case, including the text of the complaint and the NCP’s final statement, can be found in the database of OECD Watch
20
20