OPEN LETTER to the CEO UN Global Compact

Dear Mrs. Sanda Ojiambo,

The conduct of the UN Global Compact Integrity Department – in relation to my allegations of systematic and egregious abuses, against the Italian oil giant Eni (a “Global Compact LEAD” company), dated January 25, 2023, due to “attacks” on my name, honor, and reputation – directly violates the “Integrity Measures Policies” of the UN Global Compact.

This policy states that: “The Global Compact Office or a Local Network should only proactively raise a matter under the dialogue facilitation process where there has been an admission by an authorized company representative or a finding of guilt by a competent court or other body relating to a matter that meets the definition of systematic or egregious as set out in the Integrity Measures Policy and FAQs”.

Note that a competent court in Brazil handed down a sentence that: “there was a Code of Ethics at Eni, there were irregularities and illegal activities in the Brazilian subsidiary of Eni and which Mr. Flinto reported to the company's internal channels, as is imperative in the code itself”. Therefore, my role as a “whistleblower” was acknowledged and admitted, proven and declared by the Brazilian justice system.

However, during the AGM 2017, Eni's Board of Directors stated that: “Contrary to what Mr. Flinto believes [...] The former employee was dismissed along with other actors of illicit behavior, for reticence, for having violated the obligation of confidentiality and for trying to instrumentally use ENI's Code of Ethics to obtain personal advantages of the company”.

And, to give credibility to this fallacy, Eni stated at the AGM 2017 that the result of this investigation had been published in the “Eni 2002 Balance Sheet”. However, in this official company document, there is not a single line about me. And there couldn't be! And that’s because Eni never carried out “due diligence” into my case. Not even during the “Good Offices”, offered by the NCP Brazil, in the period from 2020 to 2022!? It's a behavior that disregarded and neglected the guidelines of the “OECD Due Diligence Guidance for Responsible Business Conduct” that Eni boasts to the market that it “accepts” and “follows”!?

In this sense, as my allegations against Eni are “fully proven” (see file) – including the documents transferred in 2022, under Brazilian legislation, by the state-owned Petrobras, a company that purchased Eni’s Brazilian assets in 2004 – the Global Compact Integrity Department needs to handle my case in accordance with the Integrity Measures Policy itself:

1. If an allegation of systematic or egregious abuse is found not to be prima facie frivolous, the Global Compact Office will contact the participating company concerned, requesting:

a) written comments, which should be submitted directly to the party raising the matter, with a copy to the Global Compact Office;

b) that the Global Compact Office be kept informed of any actions taken by the participating company to address the situation which is the subject matter of the allegation.

2. The Global Compact Office would be available to provide guidance and assistance, as necessary and appropriate, to the participating company concerned, in taking actions to remedy the situation that is the subject of the matter raised in order to align the actions of the company with its commitments to the Global Compact principles.

For all these reasons, I ask for your help, as CEO & Executive Director of the UN Global Compact, so that the largest global initiative for “Responsible Business Conduct” can honor its own “Integrity Measures Policy”, thus, safeguarding the reputation, integrity, and good efforts of the UN Global Compact and its participants in relation to transparent means to deal with credible allegations of systematic or egregious abuse of the general objectives and principles of the UN Global Compact.

I await your response with great expectation.

Best Regards.

Douglas Linares Flinto
Chairman & CEO
Brazilian Business Ethics Institute

 

Read more: 

a) Whistleblowing Report to the UN Global Pact against Eni 

Eni and the practices of ethics-washing

How is it possible for an Independent Non-executive Director, Lead Independent Director, and Chairman of the Control and Risk Committee of the Italian oil giant Eni to not fulfill the role of "Guardian of Ethics," neglecting and disregarding the commitments made by the company, not only the principles enshrined in Eni's Code of Ethics but, more importantly, the international commitments that the company proclaims to the market and its stakeholders that it "accepts" and "follows," such as the "OECD Guidelines for Multinational Enterprises", the "United Nations Guiding Principles on Business and Human Rights", and principles 01 and 02 of the Global Compact? 

Despite the facts presented by me being fully proven, Eni is insisting on not conducting the necessary "due diligence" of my case to finally demonstrate, after 23 long years, that I was "unfairly" dismissed in "retaliation" by the executives I had reported, including directors of Eni's Brazilian subsidiary.

Read more:

1) "Fully proven facts known to the Board of Directors of Eni"

2) "Chronology of Facts" (2001 to 2022)

Eni: Violation of Human Rights (Art 12 - UDHR)

To
Interministerial Committee for Human Rights (CIDU)
Mrs. Sabrina Ugolini
President
Italy

 

Subject: Eni - Violation of Human Rights (Art 12 - UDHR)

  

Dear Mrs. Sabrina Ugolini,

A very important fact that needs to be noted by CIDU in relation to the "3rd version" about my dismissal from AGIP Brazil (former Brazilian subsidiary of Eni). Note that there are only two possibilities for the content of Eni's presentation - in the AGM 2017 - regarding the "3rd version" of my dismissal: either the version is "true" or the version is "false".

I have prepared a "new material" (see in the file below) so that you can analyze the strategy that Eni's executives has been using to handle my case: "a systemic imposition of instrumentally engineered retaliation and victimization - with attacks on my honor and reputation - that distorts and manipulates the truth to exempt itself from its own responsibility regarding all the damage I have suffered over these more than 21 long years".

This document fully proves that I am not the "villain" of this story, but the main "victim", despite having complied with Eni's Code of Ethics when I whistleblowing fraud and acts of corruption in AGIP Brazil with deviations million dollars a year. Therefore, I am the whistleblower, as recognized by the Labor Court of Brazil!

For this reason, I ask CIDU to request "clarifications" from Eni's Board of Directors on this situation, which is directly violating the commitments assumed by the company, whether corporate commitments or international commitments such as the "UN Guiding Principles on Business and Human Rights" (Principle 4: The nexus between the State and companies), especially that the Italian government is an adherent nation. 

And, because of this Principle 4 (UNGP 31), I request also that Italian government - as the "controlling shareholder” of Eni - require the company's Board of Directors to finally carry out a "due diligence" on my case in the light of the “chronology of the facts” (see in the file below) which was sufficiently capable of “reconstructing the events” about the “actions” and “omissions” of Eni’s Brazilian subsidiary and of Eni itself to my disadvantage.

I place myself, from now on, at your disposal, and I look forward to your contact.

Best Regards.

Douglas Linares Flinto
Chairman & CEO
Brazilian Business Ethics Institute

Read more:

1) Fully proven facts known to the Board of Directors of Eni

2) Chronology of Facts (2001 to 2022)

Eni & ILO Convention 190

Dear Mrs. Maria Teresa Bellucci (Vice Minister of Labour of Italy),

Italy is one of the first nations to “ratify” Convention 190. Therefore, the provisions of Convention 190 are “binding”, meaning they are “mandatory” for the Italian government, which is the “controlling shareholder” of the Italian oil giant Eni.

Convention 190 also applies to employees and former employees. Moreover, we can assert that “retaliation” (such as unfair dismissal, failure to protect whistleblowers as mandated by the Code of Ethics, SLAPP suits, and attacks on honor and reputation) constitutes a form of “harassment”.

The files below contain facts and full proofs of practices contrary to ILO Convention 190 imposed by Eni over a span of 23 long years against me.

I would appreciate information on what steps I can take to ensure that the Italian government (and Eni) comply with what is stipulated in Convention 190 in my favor.

I await your response as soon as possible.

Best Regards.

Douglas Linares Flinto
Founder & CEO
Brazilian Business Ethics Institute

Read more:

1) "Fully proven facts known to the Board of Directors of Eni"

2) "Chronology of Facts" (2001 to 2022)

The 3rd SLAPP suit against me!?

This is the sentence from the third SLAPP suit that the Italian oil giant Eni has filed against me. If two SLAPP suits in the civil sphere weren't enough, now Eni is filing a SLAPP suit in the criminal sphere. All these cases involve "slander" and "defamation", which are typical of a "SLAPP suit".

Now, instead of Eni using this kind of "retaliation" against me simply because I had the audacity and courage to confront the Board of Directors and top executives, the company should fulfill its commitments, both corporate and, especially, international commitments, and conduct the necessary "due diligence" on my case to prove that I am not the "villain" in this story as Eni wants its stakeholders to believe. Quite the opposite!

During these almost 23 years of struggle to restore my name, honor, and reputation, which have been systematically attacked by Eni, my story is an example of how powerful corporations use the justice system to punish "whistleblowers".

Read more: Judgment of the SLAPP suit (Criminal) against Me  

Eni & CSDDD

Wow! CSDDD will catch up with the Italian oil giant Eni! 

Will the company finally carry out "DueDiligence” on my case? 

Time will tell! 

Read more about "EU Corporate Sustainability Due Diligence Directive (CSDDD) in this LINK. 

Eni x CSDDD: due diligence on my case!

I have already been waiting for 22 long years, and if necessary, I will continue to wait until 2027 to demand from the Italian courts that Eni finally carry out due diligence on my case!

Read more:

1) "Fully proven facts known to the Board of Directors of Eni": 

2) "Chronology of Facts" (2001 to 2022): 

2024: Public Challenge to Italian oil giant Eni.

I want to start the year 2024 by launching a “PUBLIC CHALLENGE” to Italian oil giant Eni.

After more than 22 long years, hashtag Eni will finally need to carry out an “in-depth investigation” into my case – in light of the commitments made by the company (to its internal and external Stakeholders) through its own policies and codes, declarations, standards, and procedures as well as international pacts, conventions, principles, and guidelines accepted and followed by Eni, including the Italian government, controlling shareholder of the company, appearing, in many of these international commitments, as adherent, signatory or ratifier – to analyze the facts and the dozens of documents that I presented to hashtag Eni over all these years (see file below).

And the result of this "DUE DILIGENCE", the company will present here, on the largest professional social network in the world, intending to provide “TRANSPARENCY” to our case.

Eni should not be worried about pointing out its mistakes and errors in handling my case. This is because, even with best practices, any company can cause or contribute to negative and harmful consequences that it did not foresee or was unable to avoid.

Eni's Board of Directors and C-Level executives must understand that opposing positions do not mean opposing interests. My position may be different from Eni's position. However, I believe we have a common interest far superior to our positions. And this common interest is precisely the solution to this conflict!

In this public space, LinkedIn, there is a great opportunity for conciliation because we are the "protagonists" in resolving this conflict. Therefore, I have great expectations that, from our dialogue – which never happened – a very positive solution may emerge because this attitude is the right thing to do!

Read more:

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

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

Eni x UN Global Compact

Eni's website published:

Eni has today been confirmed as a Global Compact LEAD participant for its ongoing commitment to the United Nations Global Compact and its Ten Principles for responsible business.

Eni was identified as being among the most highly-engaged participants of the world’s largest corporate sustainability initiative.

Sanda Ojiambo, CEO and Executive Director of the UN Global Compact, said, “LEAD companies represent the highest level of engagement with the UN Global Compact. More than ever before, the world needs businesses of all sizes — like the ones announced as LEAD today — that continuously work to improve their sustainability performance and take action to build a better world”.

Claudio Descalzi, CEO of Eni, said “This recognition is an important testimony of our commitment to integrate sustainability into every aspect of our activities, to transform our industry respecting the dignity of every human being and to be open to new frontiers including that of sustainable finance in support of the SDGs. Pursuing this vision, we have strengthened our partnerships with international development cooperation agencies and organizations”.

Now, the duly proven “attacks” that Eni unfairly promoted against my honor and reputation (see Doc. 01 and Doc. 02) in 2010 (judicial process) and 2017 (ENI’s AGM), are condemned by the “Universal Declaration of Human Rights” (Article 12).

The UN Global Compact has two principles on Human Rights: 

Principle 1:
Businesses should support and respect the protection of internationally proclaimed human rights;

Principle 2:
Make sure that they are not complicit in human rights abuses.

So, why does Eni, in my case, doesn’t fulfill this “international commitment”?