Update of the OECD Guidelines for Multinational Enterprises (2009/2011)

OECD process

Following the adoption of the terms of reference by the OECD in April 2010, the update of the Guidelines was officially launched at the annual National Contact Point (NCP) meeting on 29 June 2010 at the OECD in Paris. On 25 May 2011, the OECD endorsed the updated text of the Guidelines (official version)

The OECD engaged stakeholders on the update of the Guidelines through various events, including:

•  8  December 2009 – Consultation on an update of the OECD Guidelines for Multinational Enterprises  The consultation was organised around three broad themes: substantive provisions, procedural provisions and institutional issues.
• 30 June – 1 July 2010 – OECD Roundtable on Corporate Responsibility – updating the OECD Guidelines for Multinational Enterprises. The Roundtable brought together representatives from governments, business, labour, NGOs, international organisations, non-adhering governments and academia to focus on ways of clarifying or providing further guidance on the application of the Guidelines to the following issues: supply chains, human rights, environment and climate change.
• 4 October 2010 – Consultation on the Guidelines for Multinational Enterprises and the UN Protect, Respect and Remedy Framework. Professor John Ruggie, Special Representative of the UN Secretary-General on Human Rights and Transnational Corporations and other Business Enterprises, conducted a special consultation with the 42 adhering governments. The consultation was attended by representatives of emerging market countries, as well as the Business and Industry Advisory Committee to the OECD (BIAC), the Trades Union Advisory Committee to the OECD (TUAC), and the NGOs network OECD Watch.
• 13 December 2010 – Consultation on the update of the OECD Guidelines for Multinational Enterprises.  A special consultation between delegates from the 42 adhering governments to the Guidelines and stakeholders representing business, trade unions, NGOs and other international organisations. Discussions focussed on human rights, employment, due diligence, supply chains and procedural provisions, including those relating to the functioning of NCPs.
  
• Further information on the update of the Guidelines is available at the OECD website.

UK position and process

Following a public consultation on the terms of reference for the update of the Guidelines, the UK identified its priority to create a more level playing field across the OECD by strengthening and clarifying provisions on: functional equivalence (i.e. ensuring that all adhering countries apply the Guidelines equally effectively); supply chains; human rights; employment and industrial relations; environment; and consumer interests. The UK achieved its main objective.

The UK Government engaged stakeholders as follows:

• 9 November 2009 – Stakeholder event on the proposed update of the Guidelines. This event attracted representatives of businesses, trades unions, NGOs and academia.
• 27 October 2009 – 25 January 2010 – UK Government consultation on the terms of reference for the update of the Guidelines.
• 19 March 2010 - UK Government response to the consultation (PDF, 156 Kb) 
• Steering Board meetings (quarterly) – These meetings provided an opportunity to update the external members of the Board (representing business, trades unions and NGOs) of the progress of the negotiations on the update of the Guidelines.
• 4 April 2011 – Stakeholder event to take stock of the progress made in updating the Guidelines. This event attracted representatives of businesses, trades unions, NGOs and academia.
  

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