Ep99 - Eni’s second condition for Good Offices

In the previous episode, we saw that I approved NCP Brazil’s two proposed mediators on October 26, 2021. Eni approved them on November 8.

After 20 years of conflict, mediation seemed closer than ever.

But Eni had another demand.

🔹 DECEMBER 10, 2021 — THE WORK PLAN

NCP Brazil drafted the first Work Plan for Good Offices in Specific Instance No. 04/2020.

The bilingual document outlined mediation objectives, procedures, meetings and confidentiality rules.

The NCP itself proposed only two discussion topics:

• Improving Eni’s responsible business conduct practices, including whistleblower protection.

• Restoring trust and good relations between the parties.

This was the institutional dialogue I had awaited for two decades.

🔹 BUT PARAGRAPH 11 REVEALED A NEW CONDITION!

The draft expressly recorded Eni’s requirement for Good Offices to begin:

📌 I had to remove content considered offensive to Eni from my website, blog and social media, and refrain from launching new campaigns against the company.

There was more.

My acceptance and actual compliance had to be verified before mediation meetings could begin.

🔹 A CONDITION WITH SERIOUS IMPLICATIONS

Since 2001, I had used different channels to share my story, present documents and question Eni’s explanations for my dismissal.

Now, to begin mediation, the company demanded changes to those very publications.

Eni was not merely setting rules for dialogue. It was making the start of mediation meetings conditional on the removal of negative publicity about the company and refraining from new campaigns against it.

🔹 WHAT DID THE WORK PLAN ITSELF SAY?

Paragraph 9 recorded that Eni had established conditions for participating.

It also stated that I had imposed no additional conditions for Good Offices to proceed.

My expectation remained unchanged: a consensual resolution through NCP Brazil-led mediation.

🔹 WHAT WOULD I DO?

I had already accepted Good Offices, agreed to Eni’s first condition and promptly approved both mediators.

Now I faced a particularly difficult decision.

Would I remove my publications to make mediation possible?

🔷 NEXT EPISODE: I REMOVED THE POSTS — WHAT HAPPENED TO ENI’S WAY?

After more than 25 years, one question remains unanswered:

🔴 Why doesn't Eni submit the facts, documents and different versions of my dismissal to a truly independent investigation?

I am not asking anyone to believe me.

Know the facts.

Examine the supporting evidence.

And reach your own conclusion.

❎ Learn more:

1️⃣ Good Offices Work Plan — Draft 01 (December 10, 2021), Portuguese and English

Ep98 - Mediators approved in just 49 minutes!

In the previous episode, Eni accepted NCP Brazil’s Good Offices but set a condition: all communication had to go through the mediator, with no direct contact between the parties.

I accepted and reaffirmed my willingness to proceed.

🔹 A NEW STAGE OF GOOD OFFICES

On October 26, 2021, at 12:54 PM, NCP Brazil emailed me requesting approval of two proposed mediators for Specific Instance No. 04/2020.

Citing Section 6.7 of its Specific Instances Manual, the NCP described mediation as a structured negotiation seeking non-judicial conflict resolution.

The mediators required prior acceptance by both parties.

🔹 WHO WERE THE MEDIATORS?

NCP Brazil provided the professional backgrounds of two Ministry of Labor officials:

▪︎ Isabele Jacob Morgado: Labor Inspector, labor law specialist and instructor in collective labor mediation.

▪︎ RAFAELE RODRIGUES MASCARENHAS MENEZES: then Coordinator of Mediation, Negotiation and Arbitration, lawyer and mediator registered with Brazil’s National Council of Justice (CNJ).

Both had experience in labor relations and conflict resolution.

🔹 MY RESPONSE: JUST 49 MINUTES LATER!

NCP Brazil gave me until November 3 to respond.

Yet, at 1:43 PM that same day, I replied:

“I have no objections to the mediators proposed by NCP Brazil”.

And added:

“I therefore confirm my approval of these professionals to conduct the proceedings in Specific Instance No. 04/2020”.

I did not wait for the deadline. My approval was immediate.

🔹 AND ENI?

The company also approved the mediators, but only several days after my response.
Both parties had now agreed on the proposed professionals.

The next steps were the Work Plan and, finally, mediation meetings.

🔹 MEDIATION WAS GETTING CLOSER

After 20 years of conflict, I had:

• Accepted Good Offices.
• Agreed to Eni’s first condition.
• Approved both mediators in just 49 minutes.

Eni had also accepted Good Offices and approved the mediators.

The conditions for meaningful mediation finally seemed to be falling into place.

But another demand from Eni was still to come.

🔷 NEXT EPISODE: THE WORK PLAN AND ENI’S SECOND CONDITION

After more than 25 years, one question remains unanswered:

🔴 Why doesn't Eni submit the facts, documents and different versions of my dismissal to a truly independent investigation?

I am not asking anyone to believe me.

Know the facts.

Examine the supporting evidence.

And reach your own conclusion.

❎ Learn more:

1️⃣ Correspondence with NCP Brazil:
🔹 Original in Portuguese
🔹 English translation

2️⃣ NCP Brazil Official Document — List of Mediators:
🔹 Original in Portuguese
🔹 English translation

Ep97 - Eni’s first condition for Good Offices

In the previous episode, I explained why I accepted NCP Brazil’s Good Offices on July 29, 2021, hoping for meaningful mediation and possible remedy for the harm I alleged.

But would Eni also agree to participate?

🔹 ENI’S RESPONSE

On September 3, 2021, Eni accepted Good Offices in Specific Instance No. 04/2020.

After two decades of conflict and failed reconciliation attempts, the company finally agreed to an institutional mediation process.

A new opportunity seemed to be emerging.

🔹 OCTOBER 19, 2021 — ENI’S CONDITION

That evening, NCP Brazil emailed me: Eni had set a condition for continuing its participation.

**All communication during Good Offices had to go through the mediator, with no direct contact between the parties**

The NCP had consulted the OECD - OCDE and its mediation team. Both confirmed that dialogue could proceed on these terms if both parties agreed.

🔹 MY RESPONSE: YES, AGAIN!

On October 21, I formally replied:

“I accept the Respondent’s condition [...] and therefore confirm my interest in continuing with the Good Offices”.

I also requested the mediator’s appointment.

That afternoon, the NCP acknowledged my response.

I placed no obstacles in the way of mediation.

On the contrary, I believed a mediator could facilitate dialogue after 20 years of strained relations.

🔹 WHAT WOULD HAPPEN NEXT?

According to NCP Brazil, the next steps were selecting a mediator, obtaining both parties’ approval, preparing a Work Plan and holding mediation meetings.

My expectation remained unchanged: to discuss the facts, examine the evidence and seek a consensual resolution.

📌 I had accepted Good Offices. So had Eni. And I agreed to its first condition.

The path to mediation finally seemed open.

🔷 NEXT EPISODE: THE WORK PLAN AND ANOTHER CONDITION FROM ENI

After more than 25 years, one question remains unanswered:

🔴 Why doesn't Eni submit the facts, documents and different versions of my dismissal to a truly independent investigation?

I am not asking anyone to believe me.

Know the facts.

Examine the supporting evidence.

And reach your own conclusion.

❎ Learn more:

1️⃣ NCP Brazil’s email (October 19, 2021) and my reply (October 21, 2021): 
🔹 Original in Portuguese
🔹 English translation

Ep96 - I accepted NCP Brazil’s Good Offices

In the previous episode, we saw that on July 20, 2021, NCP Brazil approved the recommendation to offer Good Offices to both parties in the Flinto Case.

Nine days later, I formally accepted.

🔹 TWO DECADES SEEKING CONCILIATION

Since my dismissal from Agip do Brasil in 2001, I had pursued several paths to resolve the dispute with Eni.

▪︎ In 2015, my lawyer and Eni’s external counsel attempted an amicable settlement.

▪︎ In 2018, a critical shareholder requested a mediation meeting. Later, I approached a Mediation Agency in Rome.

▪︎ In 2020, the Italian ambassador to Brazil told me that Eni was awaiting an amicable settlement proposal.

Despite these initiatives, Eni had not agreed to engage in effective mediation toward a consensual resolution.

🔹 WHY DID I BELIEVE THIS TIME WOULD BE DIFFERENT?

Good Offices were not just another private attempt at dialogue. They were an institutional mechanism under the OECD - OCDE Guidelines for Multinational Enterprises.

The OECD Due Diligence Guidance for Responsible Business Conduct (2018) explains that:

• National Contact Points facilitate consensual processes, including mediation and conciliation.

• Companies should cooperate, where appropriate, with legitimate remediation mechanisms, including NCP proceedings.

• Remedy for adverse impacts may take different forms depending on the circumstances.

The Guidance even gives an example of an unfair dismissal complaint in which reinstatement or compensation may be possible remedies.

🔹 MY EXPECTATIONS WERE CLEAR

After 20 years, I hoped Eni would finally engage in institutional dialogue, examine the documents and discuss the true reasons for my dismissal.

I expected NCP Brazil-led mediation to offer a chance for a consensual resolution and remedy for the harm I alleged, supported by the body of evidence I had submitted.

There was no guarantee of agreement, nor had the NCP upheld my allegations.

But there was a real opportunity for dialogue.

For the first time, that opportunity was being offered through an international responsible business conduct mechanism.

I would not waste it.

🔹 JULY 29, 2021 — I SAID YES!

After so many closed doors, I believed this could finally lead to meaningful conciliation.

Would Eni also agree to participate?

🔷 NEXT EPISODE: ENI’S RESPONSE TO NCP BRAZIL’S GOOD OFFICES

After more than 25 years, one question remains unanswered:

🔴 Why doesn't Eni submit the facts, documents and different versions of my dismissal to a truly independent investigation?

I am not asking anyone to believe me.

Know the facts.

Examine the supporting evidence.

And reach your own conclusion.

❎ Learn more:

1️⃣ OECD Due Diligence Guidance (2018)

Ep95 - Good Offices approved

In previous episodes, we examined Eni's March 9, 2021 response to NCP Brazil, signed by Chief Legal Officer Stefano Speroni.

Eni questioned my complaint, my motives and the usefulness of Good Offices in resolving the Flinto Case.

But a new stage was beginning.

📌 JULY 20, 2021 — NCP BRAZIL APPROVED THE OFFER OF GOOD OFFICES

🔹 A NEW OPPORTUNITY FOR DIALOGUE

NCP Brazil's Interministerial Working Group endorsed the Rapporteur's recommendation to offer Good Offices to both parties.

The decision concerned Specific Instance No. 04/2020, opened following my complaint alleging Eni's non-observance of the OECD - OCDE Guidelines for Multinational Enterprises.

After nearly 20 years of conflict, mediation offered a path toward a consensual resolution.

🔹 WHAT ARE GOOD OFFICES?

OECD National Contact Points facilitate dialogue and seek mutually agreed solutions, potentially including remedies for adverse impacts.

NCPs are not courts, and the OECD Guidelines are not legally binding.

🔹 HAD NCP BRAZIL FOUND ENI RESPONSIBLE?

No.

Offering Good Offices did not mean NCP Brazil had substantiated my allegations or found that Eni violated the Guidelines. It was an opportunity for dialogue, not a ruling on the merits.

🔹 WHY DID THIS MATTER TO ME?

Months earlier, NCP Brazil's Executive Secretary and General Coordinator had explained how Good Offices could help the parties seek a settlement.

I also learned that new documents had prompted further questions to Eni.

I hoped mediation would allow the facts to be discussed, the evidence examined and a fair resolution pursued.

Since 2001, I had sought an independent investigation into the actual reasons for my dismissal from Agip do Brasil - not simply acceptance of the three different versions Eni presented over the years, including the one in its official "Questions and Answers before the 2017 Shareholders' Meeting", still available on its website.

For two decades, I had submitted documents and approached Eni's management and corporate governance.

🔹 WOULD ENI PARTICIPATE?

In March 2021, Eni had questioned whether Good Offices could help resolve the dispute.

Would the company reconsider and agree to mediation?

• And, if so, would it discuss the facts and documents underlying my complaint?

• As for me, my decision was already made.

🔷 NEXT EPISODE: MY ACCEPTANCE OF NCP BRAZIL'S GOOD OFFICES

After more than 25 years, one question remains unanswered:

🔴 Why doesn't Eni submit the facts, the documents and the different versions regarding my dismissal to a truly independent investigation?

I am not asking anyone to believe me.

Know the facts.

Examine the supporting evidence.

And reach your own conclusion.

❎ Learn more:

1️⃣ Eni's First Response to NCP Brazil (March 9, 2021)

2️⃣ Complaint to NCP Brazil by Douglas Flinto:
🔹 Original in Portuguese
🔹 English translation