Renewable Energy Complaints and Disputes Committee

The International Responsible Business Conduct (IRBC) Agreement for Renewable Energy Sector (hereafter, the Agreement) has established a Renewable Energy Complaints and Disputes Committee (RECDC).

The RECDC is an independent committee that is mandated to resolve disputes and to address third parties’ complaints regarding the actions or lack thereof of a signatory company that (may) have resulted in negative impacts on human rights, the environment or biodiversity. It is a binding escalation process (arbitration) that helps resolve disputes and complaints if the complainant and a signatory company cannot resolve them through non-judicial dispute resolution options.

Complaints:

Complaints are issues between any person or community who suffers an injury, loss or (environmental) damage by a company that is signatory to the Agreement due to the company’s violation of the Agreement.

Who can file a complaint?

Complaints can be lodged by affected stakeholders: victims themselves or their mandated representatives. Agreement parties expect the stakeholder to first try to resolve the issue bilaterally and in good faith with the respective company.

What do we mean by injury, loss or (environmental) damage?

This includes anything that negatively affects people or the environment. It could be unfair or unsafe working conditions, human rights impacts on communities, or pollution and environmental degradation.

The Parties of the IRBC Agreement encourage stakeholders to speak up about any harm caused by signatories of the Agreement, whether it is affecting workers, communities, or the environment.

Disputes:

Disputes are issues between signatory companies and the Independent Secretariat of the Agreement, due to the due diligence monitoring mandate of the Independent Secretariat.

Who can file a dispute?

A signatory company of the Agreement or the Independent Secretariat.

How do you file a complaint or dispute?

You can contact REAsecretariat@ser.nl or call (0031) 620904276. The Secretariat and RECDC will deal with all complaints with utmost care and confidentiality.

For filing a dispute, please reach out directly to the Secretariat for more information.

For filing a complaint, please include the following information:

Name of the accused Company;
The name of the Stakeholder (and if the Stakeholder is a legal entity: a copy of its articles of association);
If filed by a Mandated Representative, proof of mandate granted and if possible, the contact details of the Stakeholder;
Country and place of residence of the Stakeholder;
Description and substantiation of the complaint;
The location of the alleged violation;

If you would like to remain anonymous, please indicate this in your complaint.

Do you need help during the process?

For independent advice, you can reach out to one of the Civil Society Organisations of the Agreement.

If you need a lawyer, you can check out this directory: Business & Human Rights Resource Centre’s Lawyer Directory.

For information about global and national unions, visit these links:

What happens after you filed a complaint or dispute?

The RECDC will decide on the complaint or dispute based on the Agreement, the UN Guiding Principles on Business and Human Rights (UNGPs), the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct and the standards of reasonableness and fairness.

If the RECDC rules that the complaint or dispute is well-founded, the RECDC will take one or more of the following measures:
a. Binding recommendations for improvement;
b. A duty to remediate in accordance with the UNGPs and OECD Guidelines.

If you would like to know more about how the RECDC works, you can download its procedure at the bottom of this page.

What is expected from companies?

When companies have caused or contributed to a negative impact (such as injuries, accidents, breach of rights, etc.), they are expected to remediate or contribute to remediation to the extent of their contribution. To this extent, all companies are expected to have (operational level) grievance mechanisms in place which allow third party complaints (and are not limited to, for example, their own workforce). In principle such mechanisms should be used first, before filing a complaint at the RECDC, unless it would be unreasonable to do so in the circumstances of a specific complaint, the company does not respond after filing a complaint or the resolution process lasts unnecessary long. The Independent Secretariat can also offer good offices to resolve complaints through dialogue.

Operational level grievance mechanisms of companies mechanisms are the principal inroad for rights holders (such as workers or people living near factories) or their representatives to raise concerns. These mechanisms also provide companies with information regarding their human rights and environmental due diligence process.

What is the difference of the Renewable Energy Complaints and Disputes Committee from company complaints mechanisms and National Contact Points for responsible business conduct (NCPs)?

In comparison to company grievance mechanism and NCPs, the RECDC is an arbitration mechanism. This implies the complainant must provide information supporting its complaint to the RECDC, although the RECDC can order the company to provide such information after a substantiated request by the complainant. The RECDC can also implement measures to protect against retaliation of complainants or witnesses and may maintain confidentiality or anonymity if it deems such necessary. The arbitral award of the RECDC is binding for parties involved in the dispute or complaint process. The arbitration process of the RECDC does not involve mediation, however the RECDC may, at its discretion, advise the participants to engage in mediation during the complaint proceedings.

By signing the Agreement, each company has committed to have an early warning system and a grievance mechanism in place. Companies have also committed to open up their grievance mechanisms to third parties who may have complaints or information about alleged violations of the OECD Guidelines and the UNGPs connected to the activities or business relations of the companies.

In addition, each company has agreed to participate in an NCP mediation process in good faith should a complaint against it be deemed admissible by an NCP and shall adhere to any recommendations the NCP may issue in a specific instance.