Fédération Internationale de Football Association (FIFA) V Building and Wood Workers‟ International (BWI)

Overview

NCP Decision Accepted
Current Status Closed
Date Submitted 28/05/2015
Date Closed 02/05/2017
Case Duration 100 weeks and 5 days
Host Country Qatar  (Non-adhering country)
Issue(s) Violations of the human rights of migrant contruction workers
Provisions Cited II.A.2  II.A.10  II.A.11  II.A.13  II.A.14  IV.1  IV.1  IV.2  IV.2  IV.3  IV.3  IV.4  IV.4  IV.5  IV.5  IV.6  IV.6   
Case Description In May 2015, Building and Wood Workers‟ International (BWI) submitted a case to the Swiss National Contact Point against the Fédération Internationale de Football Association (FIFA) for failing to meet its responsibility to respect the human rights of migrant construction workers, building the Stadiums and infrastructure for the FIFA 2022 World Cup. BWI requested that the Swiss National Contact Point offers its good offices for mediation between FIFA and the BWI. The purpose of the mediation would be, first, to identify steps to be taken by FIFA itself to meet its responsibility to respect human rights and secondly to address FIFA‟s responsibility to use its leverage with the Government of Qatar to accelerate labour law and other human rights-related reforms, including the abolishment of the Kafala system.
Developments On 13 October 2015, the Swiss NCP accepted the case and invited the parties to participate in mediation. Both parties agreed to participate in mediation.
Outcome On the 2 May 2017, the Swiss NCP published its Final Statement. BWI and FIFA published separate responses to the Statement.
BWI's statement can be found here and

FIFA welcomes the Final Statement published today by the Swiss National Contact Point for the OECD Guidelines for Multinational Enterprises (Swiss NCP) in the context of the specific instance that was submitted by the Building and Wood Workers’ International (BWI). FIFA considers the discussions to have been very constructive and fruitful with the objective of further promoting and strengthening the on-going efforts for the improvement of the migrant workers’ welfare engaged in construction infrastructure connected with the 2022 FIFA World Cup in Qatar.

FIFA looks forward to the continued engagement with BWI along the lines outlined in the Final Statement and in the form of specific projects. More information on the mediation process and the Final Statement is available here.

BWI has signed a Memorandum of Understanding with the Supreme Committee for Delivery and Legacy that is responsible for delivering the infrastructure for the 2022 FIFA World Cup in Qatar. Furthermore, ongoing collaborations include BWI’s support of FIFA’s Decent Work Monitoring System (see also here) on stadium construction sites for the 2018 FIFA World Cup in Russia.

In the last few years, FIFA has taken a series of initiatives and undertaken efforts to systematise and strengthen its work on human rights. For instance, in 2016 FIFA integrated an unequivocal commitment to respect and promote the protection of human rights in its Statutes and enshrined the implementation of this commitment as an important pillar in its new organisational strategy “FIFA 2.0: The Vision For the Future”. FIFA’s work on human rights is accompanied by an independent Human Rights Advisory Board that started its work in March 2017 with a representative of BWI among the members.

For more information on FIFA’s work on human rights, please refer to this factsheet.

Organisations

Lead NCP Switzerland NCP : Single Government Department 

Companies

Multinational Company FIFA (Home country: Switzerland)

Complainants

Lead Complainant BWI : Global Union Federation 

Related Documents

Fédération Internationale de Football Association  [Publication date: 2/5/2017] 'FIFA welcomes outcome of NCP mediation process on workers’ welfare in Qatar'
   http://www.fifa.com/about-fifa/news/y=2017/m=5/news=fifa-welcomes-outcome-of-nc
   p-mediation-process-on-workers-welfare-in-q-2881935.html
[Date URL accessed: 11/6/2017]

Swiss NCP  [Publication date: 2/5/2017] 'Final Statement: Specific Instance regarding the Fédération Internationale de Football Association (FIFA) submitted by the Building and Wood Workers’ International (BWI)'
   https://www.seco.admin.ch/dam/seco/en/dokumente/Aussenwirtschaft/Wirtschaftsbez
   iehungen/NKP/Statements_konkrete_F%C3%A4lle/Abschlusserkl%C3%A4rungen/Abschlusse
   rkl%C3%A4rung_FIFA_BWI.PDF.download.PDF/Final_Statement_FIFA_BWI.PDF
[Date URL accessed: 11/6/2017]

International Trade Union Confederation (ITUC)  [Publication date: 3/5/2017] 'Qatar: Swiss Government Mediation between BWI and FIFA a Good Step'
   http://www.ituc-csi.org/qatar-swiss-government-mediation [Date URL accessed: 11/6/2017]

Sports Integrity Initiative  [Publication date: 2/5/2017] 'Swiss set cooperation conditions for FIFA and Qatar on worker rights'
   http://www.sportsintegrityinitiative.com/swiss-set-cooperation-conditions-fifa-
   qatar-worker-rights/
[Date URL accessed: 19/6/2017]

TUAC Analysis

Did the NCP publish its initial assessment? status-icon
Did the case involve parallel proceedings? status-icon
Was the existence of parallel proceedings an obstacle to the NCP accepting the case? status-icon
Was the businsess relationship other than that of a subsidiary? status-icon
Was the nature of the business relationship an obstacle to the NCP accepting the case? status-icon
Did the NCP inform other relevant government departments about its acceptance of this case? status-icon
Did the NCP offer mediation or conciliation? status-icon
Did the company accept the offer of mediation or conciliation? status-icon
Did the complainant(s) accept the offer of mediation or conciliation? status-icon
Was mediation or conciliation held? status-icon
Was mediation or conciliation conducted by a professional mediator? status-icon
Did the parties reach agreement? status-icon
If yes, did the NCP publish this agreement following the consent of the parties? status-icon
If mediation was refused or failed did the NCP make an assessment of whether the company had breached the Guidelines? status-icon
Did the NCP conduct in-host country fact finding? status-icon
Did the NCP make recommendations to the company on the future implementation of the Guidelines? status-icon
Did the NCP publish its final statement or report? status-icon
Did the NCP provide for follow-up of the agreement/recommendations? status-icon
Did the NCP inform other relevant government departments about its final statement or report? status-icon
Did the NCP inform public pension funds about its final statement or report? status-icon
Did the NCP apply any consequences in this case? status-icon
Did the NCP follow the indicative timescales set out in the procedural guidance? status-icon
Was there a positive outcome for the workers involved in this case? status-icon
Did the filing of the case under the Guidelines have a positive impact for the workers involved? status-icon
Did the lead NCP play a positive role? status-icon
If different, did the home NCP play a positive role? status-icon