o National Human Rights Commission of Kore reviewed operation of the OECD National Contact Point and recommended to the Minister of Trade, Industry and Energy to improve operation of the NCP to strengthen its role to prevent human rights violation by multinational businesses and provide remedies.
o In 1976, international community adopted the OECD Guidelines for Multinational Enterprises(Guideline) to prevent human rights violation by multinational enterprises and provide a standard for remedial measures. Accordingly, countries established NCPs to encourage multinational businesses to conform to the Guideline, mediate cases of human rights violation and release final statement (recommendation), thereby resolving conflicts with multinational enterprises. Korea established the NCP in December 2000 as well.
o However, there have been critics from the international community regarding operation of the NCP in Korea. The UN Working Group on Business and Human Rights released a report at the UN Human Rights Council after paying a visit to Korea emphasized the need for participation of civil society and labor groups. In addition, the G20 Joint Statement in July and Concluding Observation of UN Committee on International Covenant on Economic, Social and Cultural Rights on the 4th state report of Korea in October pointed out the need for improvement of the NCP. In 2019, the NCP will once again be evaluated by the international community through the OECD peer review.
o Accordingly, NHRCK took a look at the operation of NCP, focusing on its major functions of responsibility, transparency, feasibility and accessibility, and proposed measures for improvement.
o With regard to responsibility, NCP has insufficient participation of stakeholders and trust due to lack of representatives from civil society organization and labor groups. Since its establishment, it released mere two cases of final statement which recommended only for establishment of consultation channel and effort for communication and negotiation. It is hard to consider that the NCP has made sufficient effort to address human rights violation issues and conflicts by multinational enterprises in line with the Guideline.
o With regard to transparency, status and result of cases or major information is not sufficiently provided both at Korean and English webpages. It also lacks standards on the process of selection of commissioners. As for feasibility, lack of promotion of the Guideline and cooperation with stakeholders including civil society was pointed out. In addition, it needs a new function to manage electronic material to ensure accessibility.
o Accordingly, NHRCK recommended for guarantee of diversity of commissioners including representatives from civil society and labor groups and independence of its work, securing effectiveness of final statement including identifying violation of the Guideline in received cases, establishment of an advisory body with participation of stakeholders, and creation of a rule on access to electronic material and maintenance and systemization of such material.
