Open Letter to the Chair of the OECD WPRBC

Dear Mrs. Christine Kaufmann,

The first time I contacted you, as chair of the “OECD Working Party on Responsible Business Conduct” (WPRBC), was in May 2023. I informed you that the "Final Statement" of Specific Instance nº 04/2020, conducted by the NCP Brazil, was written, undoubtedly, in a disorganized manner, as well as difficult to understand and omitting several important facts that resulted in the decontextualization of a history of more than 22 long years, favoring the Italian oil giant Eni. Furthermore, this document highlights an active, proud, and defensive participation of the NCP Italy in favor of the “interests” of the Respondent, revealing a serious and questionable “conflict of interest” because the NCP Italy is part of the direct public administration of the Italian government, the “controlling shareholder” of the Respondent.

After just a week, I received your "response", stating that the WPRBC cannot interfere in the the NCP Brazil because the NCPs have “autonomy” in conducting Specific Instances.

I countered your response, claiming that this “autonomy” does not mean that the NCP Brazil can “neglect” its role granted by the OECD, conducting a Specific Instance “at its pleasure”, nor can it allow the NCP Brazil to publish a Final Statement that is not a “mirror” of everything that was manifested and fully proven by more than 100 documents (“depriving” the Submitter of obtaining “minimal” reparation), much less gives the right to the NCP Brazil to “harm” a Submitter.

In August 2023, I made new contact with WPRBC. On this occasion, I demonstrated and proved that the aforementioned Final Statement, by involving the “OECD Secretariat” itself, wrote paragraphs with “untrue content” that attack my honor and reputation, directly violating article 12 of the “Universal Declaration of Human Rights”, the “UN Guiding Principles on Business and Human Rights”,  and Principles 01 and 02 of the “UN Global Compact”.

Despite the seriousness of the fact, after 5 months, strangely, I still have not received any response from the WPRBC, much less the necessary “clarification” from the "OECD Secretariat" regarding the conduct of the NCP Brazil.

I hope to receive a response consistent with the seriousness of this issue, otherwise my disappointment with the NCP Brazil will turn into the certainty that the “OECD Guidelines” are only for multinational companies to gain reputational points with their Stakeholders as they boast to the whole world that they “follow” and “accept” the Guidelines. However, when “adverse impacts” are fully proven, these companies do not behave in accordance with the guidance in the “OECD Due Diligence Guide for Responsible Business Conduct”. And, as if that were not more than enough, these companies count on the invaluable help of the NCPs that cause even more damage and harm to the people affected by publishing a Final Statement that is not “reliable” to everything that was presented and proven by the Submitters.

Best Regards.

Douglas Linares Flinto
Founder & CEO Brazilian Business Ethics Institute &
Submitter of Specific Instance nª 04/2020 - NCP Brazil

Read more: 

1) E-mail May 15, 2022: New Eni's Board: "due diligence" of my case 

2) E-mail Sept. 11, 2022: New Eni's Board: Whistleblowing Report vs Human Rights 

3) Eni's Board: Request Douglas Flinto - Addition item to the agenda AGM 2023 Eni SpA

4) Chronology of Facts to describe the events between ENI and DLF from 2001 to 2022