Corporate Human Rights Responsibility in the OECD NCP Case Law

Project Overview:

The project, funded by the German Research Foundation (DFG) from 2022 to 2025, focuses on analysing the interpretation and illustration of corporate responsibility to respect human rights through specific cases handled by National Contact Points (NCPs) under the OECD Guidelines for Multinational Enterprises.

Project Goals:

  • Examine OECD Case Law: To gain a better understanding of NCPs' decisions on meeting human rights requirements, including corporate human rights due diligence (HRDD) and access to remedy as illustrated under the UN Guiding Principles on Business and Human Rights (UNGPs).

  • Investigate NCP Roles: To explore the role of NCPs in contributing to the development of international legal requirements for multinational enterprises to respect human rights in their operations.

  • Critical Analysis of Decisions: To critically analyse NCP decisions focusing on corporate responsibility, HRDD, and access to remedy, and how these are interpreted and expected by companies.

  • Consistency of Assessments: To question whether NCPs' assessments and analyses are consistent and coherent, leading to the creation of a case database to categorize NCP decisions.

  • Comparative Analysis: To study how different NCPs handle their cases, looking at factors such as merits on investigation and mediation, impartiality in decision-making, engagement with external actors and experts, and dialogues with relevant stakeholders.

Research Methodology for Developing Codes from 394 Completed NCP Specific Instances

The methodology aims to systematically categorize and interpret substantive analyses produced by different NCPs regarding corporate responsibilities towards human rights, the environment, sustainable development, and procedural elements. This is done using a coding system developed for qualitative data analysis with MAXQDA software.

Data Collection:

  • Scope: Focus on completed NCP specific instances addressing human rights and environmental issues, excluding topics like bribery, science, technology, competition, and taxation.

  • Sources: Data compiled from the OECD case database, OECD Watch database, and individual NCP websites, covering final statements from 2000 to 2024.

  • Translation: Non-English statements translated to ensure accurate interpretation and analysis.

Code Development and Analysis:

  • Initial Framework: Based on preliminary review, broad categories like "Concept of Human Rights Due Diligence," "Outcome/Result of NCP Case," "Responsibilities of Corporate Actors," and "Linked Human Rights/Environmental Issues" were identified.

  • Iterative Process: Coding conducted iteratively, refining codes based on recurring themes and patterns, with input from subject matter experts to validate the structure.

  • Systematic Application: Refined codes applied to all 394 cases using MAXQDA, ensuring consistency through cross-coding and resolution of discrepancies by multiple researchers.

Documentation and Reporting:

  • Codebook Creation: Detailed documentation of each parent code and sub-code, including definitions and examples, for future reference and training.

  • Comprehensive Analysis: Findings compiled into a PhD thesis, highlighting major themes, trends, case-specific insights, and providing recommendations for improving NCP processes and corporate responsibility practices.