India: Tata Tea-02/Assam

Date Filed
02 Feb 2013
Status
Open
Phase
Compliance
Country
India

Case Tracker

Eligibility
Eligibility
Assessment
Assessment
Dispute Resolution
Compliance
Appraisal
Investigation
Monitoring
CURRENT Status
Monitoring (COMPLIANCE)

Complaint Overview

Complainant

Peoples’ Action for Development; Promotion and Advancement of Justice, Harmony and Rights of Adivasis, Diocesan Board of Social Services.

Concerns

Labor and working conditions

Cross-Cutting Issues
Risk Management Labor Resource Efficiency Community Health and Safety Land Resettlement Land Water Children Women Coercion Loss of Life Unfulfilled Commitments

Project Information

Region
South Asia
Institution
IFC
Name & Number
Tata Tea 25074
Company
Amalgamated Plantations Private Limited (APPL)
Sector
Agribusiness
Department
Manufacturing, Agribusiness & Services
Category
B
Commitment

$7.87m Equity

Synopsis

Complaint

IFC’s project with Amalgamated Plantations Private Limited (APPL) is to enable the setting up of a company that would acquire and manage the 24 tea plantations located in Assam and West Bengal, currently owned by Tata Tea Limited (TTL), and would implement a sustainable “worker-shareholder” model in which the management and employees have a significant shareholding.  The total project cost including capital expenditure and working capital is estimated at $87 million; the IFC investment comprises an equity investment of $7.8 million.

In February 2013, three local NGOs filed a complaint on behalf of tea workers working and living in the company’s tea plantation areas.  The complaint raises concerns about labor and working conditions at three different plantations, specifically citing long working hours, unpaid compensation, poor hygiene and health conditions, and a lack of freedom to associate among plantation workers. Furthermore, the complainants question the worker share-buying program, contending workers have been pressured into buying shares, often without proper information about the risks of such an investment.

CAO Action

The compliance appraisal of IFC's investment in APPL was initiated by the CAO Vice President in May 2012 based on unresolved concerns submitted by the International Union of Food Workers (IUF) to IFC's Communication Portal for Performance Standard 2 (PS2).  Concerns in relation to the investment were triggered by incidents on two APPL plantations in 2009/10 which led to disputes with unions representing APPL workers. After completing a compliance appraisal in January 2013, CAO concluded that the issues warranted further investigation.

In February 2013, CAO received a complaint from three NGOs on behalf of tea workers working and living in the company’s tea plantations [Tata Tea-02]. The complaint raises concerns about labor and working conditions at three different plantations, specifically citing long working hours, unpaid compensation, poor hygiene and health conditions, and a lack of freedom to associate among plantation workers. Furthermore, the complainants question the worker share-buying program, contending workers have been pressured into buying shares, often without proper information about the risks of such an investment. This complaint was transferred to the compliance function in November 2013. A compliance appraisal in regard to the complaint was finalized in February 2014 with a decision that the issues raised in the complaint merited further investigation.

A combined CAO’s investigation report was released in November 2016. While noting that IFC’s investment in the company had potential for significant development impact, CAO’s investigation identified a number of non-compliance findings related to IFC’s assessment and management of environmental and social (E&S) risk associated with the investment. Given the vulnerable status of workers and the client’s responsibility to provide a range of basic services to workers, CAO found that IFC’s pre-investment E&S review of the investment was not commensurate to risk. Shortcomings in this review led to the development of mitigation measures that were insufficiently detailed and did not address key risk areas. During supervision, CAO found that IFC did not assure itself of compliance with its Performance Standards. As a result, E&S compliance issues raised by the complainants remain unaddressed. CAO’s investigation also made a number of specific non-compliance findings in relation to IFC’s assessment and supervision of living and working conditions on the plantations, reported use of banned pesticides, information disclosure, consultation and response to security incidents.

In response to CAO’s compliance investigation report, IFC noted that APPL was implementing an Action Plan to address shortcomings and legacy issues in key areas as human health, worker health and safety, housing, and sanitation infrastructure. In addition, IFC committed to (a) commission a third-party to undertake an annual audit and worker perception survey across APPL’s 25 estates; (b) update its legal opinion on APPL’s compliance with national minimum wage requirements; and (c) ensure that the Action Plan was disclosed and consulted with workers. 

In January 2019, CAO released a compliance monitoring report. Since the release of CAO’s investigation report, APPL has reported progress in implementing some of the Action Plan commitments. The complainants assert that workers were not consulted on the Action Plan and raise concern with the progress and quality of Action Plan implementation. As part of the monitoring process, CAO reviewed project documentation and spoke with IFC staff responsible for supervision of the project. CAO also spoke with representatives of the complainants and the IFC client. CAO's monitoring report concludes that IFC has completed limited supervision of the project and has not satisfactorily addressed CAO’s non-compliance findings. As presented in the original investigation, CAO remains concerned that IFC’s supervision of the project fall short in terms of the requirement to develop and retain information needed to assess its client’s compliance with IFC’s Performance Standards. As a result, CAO concludes that IFC does not have assurance that their client is on track to achieve compliance with the Performance Standards.

Status

CAO published a compliance monitoring report in January 2019, together with a case communique.  The case remains open and CAO continues to monitor IFC’s actions to address the investigation findings. CAO expects to issue another monitoring report in the next year.  In March 2019, IFC released a response to CAO’s monitoring report.

All documents relating to this case are available under "View Documents" below.

Status as of March 4, 2019

Case Documents

  • Dispute Resolution

    Complaint
    APPL complaint
    Feb 02, 2013
    English
    APPL complaint
    Assessment Report(s)
    CAO Assessment Report_Tata
    Nov 02, 2013
    English
    CAO Assessment Report_Tata
    IFC Formal Response to CAO Assessment Report_Tata
    Nov 22, 2013
    English
    IFC Formal Response to CAO Assessment Report_Tata
  • Appraisal Report(s)
    Compliance Appraisal for Investigation of IFC regarding Amalgamated Plantations
    Feb 06, 2014
    English
    Compliance Appraisal for Investigation of IFC regarding Amalgamated Plantations
    Audit Report(s)
    CAO Investigation Report of IFC investment in APPL
    Sep 06, 2016
    English
    CAO Investigation Report of IFC investment in APPL
    CAO Investigation Report of IFC investment in APPL
    Sep 06, 2016
    Hindi
    CAO Investigation Report of IFC investment in APPL
    IFC Response to CAO Investigation Report_ APP
    Oct 17, 2016
    English
    IFC Response to CAO Investigation Report_ APP
    CAO Communique - APPL
    Nov 07, 2016
    English
    CAO Communique - APPL
    CAO Communique - APPL
    Nov 07, 2016
    Hindi
    CAO Communique - APPL
    CAO Communique - APPL
    Nov 07, 2016
    Assamese
    CAO Communique - APPL
    Terms of Reference for Compliance Investigation of IFC
    Feb 06, 2014
    English
    Terms of Reference for Compliance Investigation of IFC
    Monitoring Report(s)
    CAO Monitoring Report of IFC regarding Amalgamated Plantations
    Jan 23, 2019
    English
    CAO Monitoring Report of IFC regarding Amalgamated Plantations
    CAO Monitoring Report of IFC regarding Amalgamated Plantations
    Jan 23, 2019
    Hindi
    CAO Monitoring Report of IFC regarding Amalgamated Plantations
    IFC Response to CAO Monitoring Report, APPL
    Mar 04, 2019
    English
    IFC Response to CAO Monitoring Report, APPL
    CAO Communique - APPL
    Jan 28, 2019
    English
    CAO Communique - APPL
    CAO Communique - APPL
    Jan 28, 2019
    Hindi
    CAO Communique - APPL
    CAO Communique - APPL
    Jan 28, 2019
    Assamese
    CAO Communique - APPL