Page 307 - วารสารกฎหมาย ศาลอุทธรณ์คดีชํานัญพิเศษ

ฉบับพิเศษ ประจำ�ปี 2564

of the Guidelines in its national context and for ensuring that the OECD Guidelines are
well known and understood by the national business community and by other interested

parties. They even go further to offer a conciliatory function by investigating the situation
and proposing solutions.

Analysis of the outcome of several NCPs’ activities reveals an important
development. Among several successful cases recorded, two in particular relate to the

effective implementation of principles enshrined in the ILO Conventions. One is the
UNOCAL Myanmar case, which came to a conclusion in 2003. Operations of UNOCAL

France, an oil & gas multinational enterprise in Myanmar, were alleged to have violated
a number of provisions under the OECD Guidelines, including prohibition of the use
of forced labour and protection of human rights of the people living in the vicinity of

the company’s pipeline. The French NCP took this case seriously and came up with
various recommendations, which eventually made UNOCAL France withdraw its
investment from Myanmar. The second case concerns Nestle Japan. Unfair labour
31
practices (discrimination on the ground of trade union activities) which had not been
solved, even with the Japanese Courts’ rulings in favour of the employees, were brought
before the Japanese NCP in 2005. The matter was further transmitted to the OECD and

the Swiss NCP eventually recommended in 2007 that Nestle Headquarters instruct
Nestle Japan’s management to stop the unfair labour practices. The years-long labour

dispute was eventually solved by the intervention of the Japanese NCP in collaboration
with the Swiss NCP. 32

(2) ILO’s Tripartite Declaration on Multinational Enterprises

(i) Tripartite Declaration as CSR Code

The Tripartite Declaration of Principles concerning Multinational Enterprises
and Social Policy (Tripartite Declaration) adopted by the Governing Body at its 204th

31 OECD, “Recommendations by the French NCP to Companies on the Issue of Forced Labour in Burma”,
(28 March 2002), in Annex I of the OECD Multinational Enterprises Situations of Violent Conflict and Widespread
Human Rights Abuses, Working Papers on International Investment, Number 2002/1, p. 30 (May 2002).
32 Statement by the Japanese NCP in December 2013: http://www.mofa.go.jp/mofaj/files/000194207.pdf
(visited on 27 July 2019).

305