(RSPO) and complaint resolution - Forest Peoples Programme

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The RSPO Complaints PanelThe RSPO Complaints Panel deliberates and decides on complaints casesthat fall outside the remit of other complaint resolution mechanisms. It is ahigh-level body that does the following:1. Handles complaints against RSPO as an organisation.2. Addresses breaches of the Code of Conduct (e.g. violation of the RSPOP&C).3. Serves as a body of last resort if other resolution mechanisms have failed.4. Imposes measures to incentivise resolution (or termination; e.g.imposing a moratorium on a company’s activities where this is deemednecessary in line with the P&C).5. Ensures that RSPO governance systems allow for deliberation on redress,reparation, and compensation (e.g. through DSF).6. Endeavours to capture wider lessons and make recommendations to theRSPO EB on any systemic improvements.The Complaints Panel is also responsible for:1. Deciding on the legitimacy of any given complaint made against anRSPO member and on any interim measure needed during furtherhandling of the case by the RSPO (further documentation and evidencemay be required if the legitimacy of the case is under question).2. Deliberating and deciding on the course of action to be taken toaddress the complaint.The Complaints Panel is mandated by the RSPO EB for the tasks and roledescribed above. The EB is in charge of overseeing the activities of theComplaints Panel. If consensus is not reached, the Complaints Panel canappeal to the EB for further deliberation and consensus-based decisionmaking.16
Complaint justifiedDSF ProcedureFlowchartNo case (perexisting GP flow)NOYESDoes the complaint involve lackof FPIC, recognition of thecommunity voice, and respectfor customary rights, i.e. relatedto RSPO P&C 2.2, 2.3, 6.4, 7.5and/or 7.6?YESIs complaint based on CB’sactions/ decisions?Per existing GP flow:- Secretariat notifies member, including allnotes, etc, and request that membervoluntarily step-aside until case is settled*- Response request to members (4 weeks)- Post position statement on www.rspo.org* Should add to this that for operations that are alreadymoving certified product or have forward contracts, thatGreen Palm and/or UTZ Certified need to be notified.YESHandled byRSPOAccreditationSystem firstNODo the two sidesin the disputeagree to use theDSF?NOYESCategory 1What category ofdispute is this? (referto DSF Categories ofDisputes)Category 1, 2, 3, 4and 5**No resolutionDSFResolutionNotification to andthen by RSPO** Even a “category 1” dispute could still use the DSF as a way toward resolution.Diagram 2: Dispute Settlement Facility procedure flowchartSource: http://www.rspo.org/file/DSF%20Procedure%20Flowchart.pdf1 | P a g e17
Page 4 and 5: AcronymsCAOCBDSFEBFPICHCVIFCNIP&CRS
Page 6 and 7: What is the RSPO?The RSPO is a mult
Page 8 and 9: The RSPO Principles & Criteria(P&C)
Page 10: Principle 6Responsible consideratio
Page 13 and 14: What are the RSPO bodiesinvolved in
Page 16 and 17: Targeted stakeholder consultation m
Page 20 and 21: I want to submit a complaint:what d
Page 22 and 23: What happens once I havesubmitted m
Page 24 and 25: E. Reviewing Response• YES: Membe
Page 26 and 27: Recourse: What if I am notsatisfied
Page 28 and 29: Further resourcesRSPO Principles &
Page 30: Endnotes1http://www.business-humanr

(RSPO) and complaint resolution - Forest Peoples Programme

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