2016 Information Session

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1 2016 Information Session

2 This presentation was prepared by the ICoCA Secretariat to inform Members about the proposed Procedures and their implications, ahead of the 2016 General Assembly. The presentation was delivered via a series of webinars and in person to Industry groups. Participants were encouraged to ask questions; the discussion is summarized on the ICoCA website. ICoCA Members will be asked to vote on these procedures at the Assembly, on 29 September.

3 Specific principles regarding conduct of personnel Specific commitments regarding company management Independent governance and oversight mechanism: ICoCA

4 Multi-stakeholder initiative 3 pillars: government, civil society, industry 12 Board members General Assembly Secretariat in Geneva

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13 The Association shall be responsible for certifying under the Code that a company s systems and policies meet the Code s principles and the standards derived from the Code and that a company is undergoing monitoring, auditing, and verification, including in the field.

14 ICoC PSC = additional requirements & information

15 companies who have obtained third-party certification to a Board-recognized standard are encouraged to seek ICoCA Certification by submitting proof of their 3rd party certification and their additional information packages to the Secretariat.

16 ICoCA Certification for all Members Extension of deadline to 2018 Increased oversight of and transparency with certification bodies regarding the Code Training & guidance Recognition of certification bodies Pilot on accessibility to ICoCA Certification Proposed amendments to Certification Procedure

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18 Monitoring Info collection Company selfassessment Fieldbased review Identification of compliance concerns based on indicators Sharing of successful performance measures between member companies Confidential dialogue with the member company Briefing of the Board on measures adopted by member companies

19 Affected communities Governments Civil society Member companies Public sources Clients Certification reports Secretariat Submitted complaints

20 Monitoring Info collection Company selfassessment Fieldbased review Identification of compliance concerns based on indicators Sharing of successful performance measures between member companies Confidential dialogue with the member company Briefing of the Board on measures adopted by member companies

21 Annual Electronic Secure & confidential Qualitative Member company: Implements corrective measures Secretariat: Oversees annual company selfassessment Starting early 2017 Secretariat: Identifies potential compliance concerns and engages in a dialogue Member company: Completes and submits selfassessment report

22 Monitoring Info collection Company selfassessment Fieldbased review Identification of compliance concerns based on indicators Sharing of successful performance measures between Member companies Confidential dialogue with Member companies Briefing of the Board on measures adopted by Member companies

23 Based on information collected Requested by a Member 1 Identified need 2 Regular plan for field-based reviews OR immediate fieldbased review Initiated by the Executive Director Submitted to Monitoring Committee for consultation Implemented unless the Board decides otherwise Conducted by the Secretariat Based on standard planning and operating process

24 Monitoring Info collection Company selfassessment Fieldbased review Identification of compliance concerns based on indicators Sharing of successful performance measures between Member companies Confidential dialogue with Member companies Briefing of the Board on measures adopted by Member companies

25 ICoCA Secretariat Member company addressing compliance concerns improving performance

26 Executive Director Alleged violations of the Code Proposed course of action Board Recommendation for corrective action PSC Member if the Board determines that corrective action is required to remedy non-compliance with the Code, the Board shall request a Member company take corrective action within a specific period of time. Article 12 Procedures: VIII A Failure to take corrective action Board Suspension proceedings (Public Statement)

27 Executive Director Alleged violations of the Code Proposed course of action Board Recommendation for corrective action PSC Member should a Member company fail to take reasonable corrective action within the period specified by the Board, or fail to act in good faith in accordance with the Code, the Board shall initiate suspension proceedings in accordance with Article Article 12 Procedures: VIII C Failure to take corrective action Board Suspension proceedings (Public Statement)

28 Company self-assessment reporting starting in early 2017 Building a monitoring network Feedback to Members

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30 Support development of effective company grievance processes Address and support access to remedy

31 Reception of complaint & preliminary review The procedure If a complaint contains allegations of activities that, if true, would constitute criminal activity. the Association may report that violation to one or more Competent Authorities with jurisdiction to investigate and prosecute the crime Article 13 Procedures: III D Alleged criminal activity Yes Criminal jurisdiction? Report to competent authority No Alleged violation of the code Yes Member company grievance procedure or alternative mechanisms Further review of complaint Adequate grievance mechanism? No Recommendations & corrective actions Good offices mediation alternative mechanisms Closure of complaint Closure of complaint

32 Reception of complaint & preliminary review The procedure If the Secretariat assesses that the Member company s grievance mechanism or procedures could be a viable path, the Secretariat shall inform the Complainant of options to pursue their claim, including available fair and accessible grievance procedures Article 13 Procedures: IV C Alleged criminal activity Yes Criminal jurisdiction? Report to competent authority No Alleged violation of the code Yes Member company grievance procedure or alternative mechanisms Further review of complaint Adequate grievance mechanism? No Recommendations & corrective actions Good offices mediation alternative mechanisms Closure of complaint Closure of complaint

33 Reception of complaint & preliminary review The procedure [if] a company s grievance mechanism does not meet the requirements or that good reason exists why the complaint is inappropriate to be handled by a companylevel grievance procedure Alleged criminal activity Yes Criminal jurisdiction? Report to competent authority No Alleged violation of the code Yes Member company grievance procedure or alternative mechanisms Further review of complaint Adequate grievance mechanism? No Recommendations & corrective actions Article 13 Procedures: IV D Good offices mediation alternative mechanisms Closure of complaint Closure of complaint

34 Complaint form (available online) Development of good offices process Identifying mediation referral sources Publish guidance on effective grievance procedures

35 2016 AGA Implement certification Implement monitoring Self-assessment reporting starting in early 2017 Building a monitoring network Feedback to Members Implement complaints process Promotion of ICoCA value Clients Governments

36 Questions?

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