Dutch NCP takes up case against companies over Colombian 'blood coal'

The Dutch National Contact Point (NCP) for the OECD Guidelines has accepted a complaint against the Dutch logistics company HES International and the port authorities of Rotterdam and Amsterdam. This decision opens a pathway for victims of “blood coal” in Colombia to obtain compensation for human rights violations.

The complaint concerns the forced displacement of more than 59,000 people by right-wing paramilitary groups in the northern mining region of Cesar in Colombia. Since at least 2009, more than 100 million tons of coal linked to these displacements have been transported to and via the Netherlands.

The case was filed by the Asamblea Campesina del Cesar por la Restitución de Tierras y el Buen Vivir (Asamblea Campesina), representing victims of forced displacement, in collaboration with PAX and SOMO.

Dutch companies linked to “blood coal”

The complaint states that HES International, a company operating coal storage and processing facilities in the ports of Rotterdam and Amsterdam, as well as the port authorities of both cities, are directly linked to the forced displacements through their business relationships with companies involved in the extraction, trade, and processing of so-called “blood coal.”

Because the companies did not use their influence to address the human rights impacts in Colombia, they are alleged to have acted in violation of the OECD Guidelines for Responsible Business Conduct.

NCP accepts complaint for further examination

While the decision to accept the complaint does not determine whether the companies violated the guidelines, the Dutch NCP concluded that the issues raised in the complaint are “material and substantiated” and therefore deserve further investigation.

The NCP has offered to mediate between the companies and civil society organizations. While the complainants and the port authorities of Amsterdam and Rotterdam accepted the offer, HES refused mediation. As a result, the Dutch NCP will now investigate the issues raised in the complaint and issue a public statement with recommendations on HES’s compliance with the Guidelines.

In countries such as the Netherlands and Canada, companies found to have violated the guidelines risk losing state support, such as export credit insurance, innovation subsidies, public procurement, and trade-related assistance.

Affected communities are still waiting for justice

Asamblea Campesina, PAX, and SOMO welcome the NCP’s decision. To date, most displaced victims have not received adequate compensation, and much of their land remains unlawfully expropriated.

Community members who defend their rights face daily threats from illegal armed groups. The mediation offer provides an opportunity for long-awaited redress.

“For years, Dutch logistics companies have been linked to forced displacements in Colombia through their involvement with blood coal,” says Joseph Wilde-Ramsing, Advocacy Director at SOMO. “They must now acknowledge their connection to these horrific human rights violations and use their influence to address the impacts.”

Joris van de Sandt, program manager at PAX, who has supported the Asamblea Campesina for over 12 years in holding European companies accountable, adds: “This decision by the Dutch NCP is a much-needed spark of hope for communities that have waited far too long for redress. It shows that their struggle is finally being recognized.”

A spokesperson for the Asamblea Campesina says: “There is a trail of blood from our communities in Cesar, Colombia, to the light switches in the Netherlands. Our people have been killed, threatened, and displaced from land now in the hands of mining companies. We hope this mediation brings more than words – it is time for companies to take responsibility and discuss reparations with our communities.”

Growing political pressure

After years of campaigning against the role of companies in blood coal, the Amsterdam City Council adopted several motions in October 2023. The council expressed support for a ban on the import of Colombian coal through the port of Amsterdam. The port authority was also asked to contribute to the redress of human rights violations linked to coal extraction.

In addition to the three logistics companies, the complaint has also been filed against three major energy companies: RWE AG, Uniper SE, and Vattenfall AB, which purchased substantial volumes of coal from the Cesar region.
NCP decisions on whether or not to accept the complaint against these three energy companies are expected soon.

The NCP publications can be read below: