Dutch NCP takes up case against Dutch companies linked to Colombian “blood coal”

The Dutch NCP has accepted a complaint concerning severe human rights violations in Colombia’s Northern mining region of Cesar. The complaint addresses the forced displacement of more than 59,000 people by right-wing paramilitary groups. Since at least 2009, more than 100 million tons of coal linked to these displacements have been transported to and through the Netherlands. 

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

Dutch companies linked to “blood coal”

The complaint asserts that HES International, which operated coal storage and processing terminals at the Ports of Rotterdam and Amsterdam, as well as the Port Authorities of the two cities, are directly linked to the forced displacements through their business relationships with companies involved in the mining, trading, and handling of the so-called “blood coal.” 

By failing to use their leverage to address the human rights impacts in Colombia, the companies are alleged to have acted in breach of the OECD Guidelines on Responsible Business Conduct.

NCP accepts the complaint

While the acceptance does not yet determine whether the companies breached the Guidelines, the Dutch NCP has concluded that the issues raised in the complaint are “material and substantiated” and thus merit further examination. 

The NCP offered to mediate between the companies and the civil society organisations. While the complainants and the Port Authorities of Amsterdam and Rotterdam accepted the mediation offer, HES refused. As a result, the Dutch NCP will now examine the issues raised in the complaint and issue a public statement with recommendations on HES’s observance of 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 contracts and trade-related support.

Affected communities still await justice

Asamblea Campesina, PAX, and SOMO welcome the NCP’s decision. To this day, most displaced victims have not received adequate remediation, and much of their land remains unlawfully expropriated. Community members defending their rights continue to face daily threats from illegal armed groups. The mediation offer opens a possibility for long-awaited redress.

“For years, Dutch logistics companies have been linked to forced displacements in Colombia through their handling of blood coal,” said Joseph Wilde-Ramsing, Director of Advocacy at SOMO. “They must now recognise their connection to these horrific human rights abuses and use their leverage to address the impacts. It is disappointing that HES has refused to do so by rejecting the NCP’s mediation offer.”

Joris van de Sandt, Program Manager at PAX, who has supported the Asamblea Campesina for over 12 years in their accountability efforts toward the European companies, added: “This decision by the Dutch NCP is a much-needed spark of hope for communities who have waited far too long for remedy. It shows that their struggle is finally being recognised.”

Speaking directly, an Asamblea Campesina spokesperson said:

“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 lands 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

In response to years of campaign urging companies complicit in “blood coal” to take action to address the severe human rights impacts, the Amsterdam city council adopted motions in October 2023 to ban coal imports from Colombia to the port of Amsterdam and to urge the Amsterdam Port Authority to help redress coal-related human rights violations.

In addition to the three logistic companies, the complaint was also filed against three major energy companies: RWE AG, Uniper SE and Vattenfall AB, which purchased substantial volumes of coal from the Cesar region. 

The NCP’s decisions on whether to accept the complaint against the three energy companies are expected to follow.