Sherpa and Others v Bolloré SA

SOCAPALM is a palm oil production and rubber trees cultivation company in Cameroon. In 2010, French NGOs (Sherpa, CED, FOCARFE, and MISEREOR) filed a complaint against SOCIOPALM’s four holding companies, Bolloré (France), Socfin (Belgium), SOCFINAL (Luxembourg) and Intercultures (Luxembourg), at their respective National Contact Points (NCPs) for the OECD Guidelines for Multinational Enterprises. They alleged that the companies breached the OECD Guidelines by failing to prevent or address SOCAPALM’s adverse impacts on the environment, local communities, and workers like the expansion of palm operations into the territory of local communities and its detrimental effect on the availability of public services and natural resources; water and air pollution; inadequate health and safety measures; unfavorable working conditions; overcrowded housing facilities for workers; and physical abuse by Africa Security. After two years of refusing to participate, Bolloré engaged in the proceedings in 2011 and in 2013, representing Socfin and SOCAPALM, it accepted mediation. The NCP’s final statement concluded SOCAPALM breached the guidelines and in September 2013 validated the parties’ action plan to remedy the violations. This included a commitment by Bolloré to influence SOCAPALM to reduce its environmental damages, compensate local communities for loss of resources and land and improve working conditions. By November 2014, Bolloré stopped implementing the plan, saying that Socfin was not cooperating. Procedures through the NCPs were unsuccessful. After further exchanges and formal letters, the NGOs decided to initiate a contract law claim, arguing that the plan resulting from the NCP mediation is a contract that Bolloré must be made to perform