Observations Monitoring Committee. 37. Even if the way banks communicate their policy commitment is very different, they certainly reflect an embedment of the commitment in the day to day functioning of the banks, seemingly proportionate to their nature, dimension and range of action. More detailed policy statements usually reflect more developed due diligence procedures.
Observations Monitoring Committee. 42. It is certainly not necessary to point out the importance of these complaint and whistle blowing mechanism as ingredients in the working of due diligence procedures. Quality of complaints handling also offers a good opportunity to facilitate the identification of malpractices and rights' violations and alert the corporate structure of recurrent or systemic problems. Reporting on the working of these grievance mechanisms would also enhance transparency and send a positive message to personnel, clients and third parties.
Observations Monitoring Committee. 65. Where specific human rights reports have been produced it is easier to see that some aspects of the procedure have been implemented: often these rapports evidence challenges and dilemmas, showing that implementing a full human rights due diligence is not at all an easy process.
Observations Monitoring Committee. 76. Due diligence involves information and exchange of information. Reporting on due diligence represents an important element of the process of “knowing and showing” to demonstrate that every reasonable step to avoid involvement in negative impacts has been made and to show the accuracy of the response or eventual remedy. In par. 6.4 DBA, public reporting commitments are set in a very progressive way and, accordingly, banks are only beginning to show their human rights due diligence process in their reporting. Reluctance as regards transparency is evident.
Observations Monitoring Committee. 89. The answers given to this question show a very different stance between banks who actively participated in the working groups and the other banks. The latest seem to back away from the findings and recommendations of the working groups while the first ones are developing some experimental activities on the basis of the outcomes of the working groups.
Observations Monitoring Committee. 98. The paper ‘Performance Indicators Human Rights’ is one of the signature DBA reports, the fruit of effective cooperation between NGO’s and banks. It is therefore disappointing that this success is overshadowed by NVB actions to play down the report’s significance by adding a disclaimer and by framing the paper’s status. This is all the more remarkable where individual banks were actively involved in drafting of the paper. The Monitoring Committee regrets that the NVB neither explained this action in its reporting, nor provided information about it.
Observations Monitoring Committee. 101. It was not clear to the Monitoring Committee why this part of the DBA was abandoned by the parties, as they gave no further explanation than other priorities were pursued. This still does not explain why a geographical breakdown of sector data was not worth the parties while.
Observations Monitoring Committee. 122. The Monitoring Committee concluded in its Year 2 report that this deliverable was successfully completed.
Observations Monitoring Committee. 136. In its Year 2 Report, the Monitoring Committee observed that out of four value chain reports only the one on cocoa was published (in July 2018). An interim report was published on palm oil, but the mapping exercises were not completed.
Observations Monitoring Committee. 203. The Government did not complete the following deliverables: promoting value chain exercises, using the information as provided on the basis of the NVB Reference for publications about the banks activities, and internally consulting on the implementation of the Council of Europe Recommendation on human rights and business of 2 March 2016. The Government provided sufficient explanation for not completing these deliverables.
