OECD

3/06/2025

Dear Mr Southalan,

Thank you for your update regarding the coordination of Complaint 36. I understand you intend to consult me and the companies involved shortly. Before that happens, I wish to formally place the following position on record:

I do not support Australia, the United States, New Zealand, or Canada as lead NCPs for this complaint.

Each of these governments is named in my submission to the International Criminal Court under Article 15 of the Rome Statute for:

• Systemic failure to recognise or redress second-generation harm from TCDD (Agent Orange),

• Long-term denial of health, legal, and human rights protections to affected children,

• Suppression of public health obligations and exposure data, and

• Ongoing protection of corporate actors responsible for chemical harm.

These states are not impartial actors and cannot ethically lead this process. Doing so would undermine the legitimacy of the OECD Guidelines and damage public confidence in the NCP mechanism.

My preferred lead NCP is 

Germany

.Germany is best positioned to manage this complaint fairly and credibly, due to:

• Its existing corporate due diligence legislation (e.g. Lieferkettengesetz),

• Its jurisdiction over Bayer (successor to Monsanto),

• Its lack of direct military involvement in the Vietnam War, and

• A stronger human rights and accountability framework in OECD operations.

  
  
  
  

  Should Germany be unable to lead, I nominate the Netherlands as a suitable alternative — given its reputation for independence, its central role in international justice, and its neutrality in the historical and corporate context of this case.

  
  

Please note: This position does not prejudice the ongoing ICC process, where the states listed above — and the corporations named — are already recorded as actors in a documented pattern of harm, denial, and international law violations.

Regardless of which NCP is chosen to lead, this complaint remains a matter of international law, global precedent, and permanent historical record.

Warm Agent Orange Burns regards,

Danielle Stevens

We will always be a child of a Vietnam Veteran