JCB comes under fire for ‘failure to check on human rights’
MACHINES DESTROYED PALESTINIAN HOMES – CLAIM
JCB has faced criticism for not conducting human rights checks in its supply chain amid allegations its machines have been used to illegally demolish Palestinian homes.
The Israeli authorities have allegedly used JCB machines to demolish Palestinian homes and build Jewish settlements in their place - an act the UN has labelled a “flagrant violation” of international law.
And for the last two years, watchdog the UK National Contact Point (NCP) has been investigating a complaint over the issue by the Lawyers for Palestinians Human Rights (LPHR).
Now the NCP has released its findings, which say: “It is unfortunate that JCB, which is a leading British manufacturer of world-class products, did not take any steps to conduct human rights due diligence of any kind, despite being aware of alleged adverse human rights impacts and that its products are potentially contributing to those impacts.”
Rocester-headquartered JCB was also pulled up for “not having a policy commitment to respect human rights”.
However, the NCP threw out three of the LPHR’S five allegations, clearing JCB of any links to actual human rights abuses. It ruled JCB had not contributed to, facilitated or failed to try to prevent any “adverse human rights impacts”.
Part of its investigation centred on JCB’S business relationship with Comasco, the sole dealer of JCB machines in Israel.
And the NCP found no evidence JCB machines directly sold by Comasco had actually been used to demolish Palestinian homes.
It said: “Comasco could have sold JCB products to third parties, individuals, small dealers, construction companies, or the Israeli Government.
“The JCB products being used to demolish Palestinian properties in the Occupied Palestinian Territories (OPTS) may be owned by those who have commissioned the demolition, be on hire, or be equipment owned by contractors employed to do the work.
“The products could have also come from the second-hand market. Products purchased from this route will have no connection with either Comasco or JCB.”
The NCP was set up by the Government to investigate alleged breaches of the Organisation for Economic Cooperation and Development (OECD) Guidelines for Responsible Business Conduct.
A JCB spokesman said: “We are very pleased that the UK NCP has firmly rejected the various allegations made by the Lawyers for Palestinian Human Rights that JCB either contributes to, is responsible for, or is otherwise linked in any way to adverse human rights abuses in the Occupied Palestinian Territories (OPTS), either directly or indirectly, and/or that JCB has failed to mitigate or prevent such adverse human rights impacts.
“This re-affirms the NCP’S position set out in its Initial Assessment dated 12 October 2020 that there has been no wrongdoing by JCB. In particular, the NCP conclusively found that the alleged human rights impacts cannot be linked to JCB’S business operations or contractual arrangements. The process has now concluded.
“There was no basis for the Lawyers for Palestinian Human Rights to make such allegations about JCB. As an organisation, JCB does not condone any form of human rights abuse and we have a consistent record of providing urgent and substantial support in response to natural disasters around the world.
“As an ancillary matter, the NCP has recommended that JCB regularly conducts human rights due diligence and prepares a separate policy affirming its commitment to human rights. We welcome these recommendations and will consider them in due course.”
A separate Amnesty International report released last week claimed JCB’S lack of due diligence represented “a failure to respect human rights”.
It also alleged the firm’s Livelink system allowed it to track where its machines were operating.
A JCB spokesman said: “JCB is aware of a report published by Amnesty and wishes to confirm that JCB does not contribute to, or is in any way responsible for, or otherwise linked to adverse human rights abuses in the OPTS, either directly or indirectly.
“These allegations have recently been the subject of a full independent investigation by the UK National Contact Point for the OECD Guidelines for Multinational Enterprises.
“The recent conclusion by the UK NCP re-affirms its initial finding that there has been no wrongdoing by JCB. Specifically, the UK NCP conclusively found that the alleged human rights impacts cannot be linked to JCB’S business operations or contractual arrangements.
“As an organisation, JCB does not condone any form of human rights abuse and we have a consistent record of providing urgent and substantial support in response to natural disasters around the world.
“In terms of Livelink, JCB fits the system to machines, but it is up to the customer how it is configured and operates.”
In June, pro-palestine protestors held a march around the grounds of the JCB World HQ, in Rocester.
Two years earlier, Palestine supporters blockaded the company’s World Logistics factory in Tunstall, near Stoke.