2.3. Whether there appears to be a link between the enterprise’s activities and the issue raised in this specific instance The Complainants submit that there is a clear link between human rights violations suffered by the Rohingya and the alleged contraventions of the OECD Guidelines (as outlined in section 2.2 of this complaint.) 2.4. The relevance of applicable law and procedures, including court rulings The OECD Guidelines and the UNGPS are the most authoritative international standards on responsible business conduct and human rights due diligence. 2.5. How similar issues have been, or are being, treated in other domestic or international proceedings VAI is currently representing some of the clients listed in this complaint before ongoing proceedings at the International Criminal Court, as well as universal jurisdiction proceedings in Argentina. These are not parallel proceedings as none of these courts will make legal determinations as to Facebook’s responsibility for the 2017 crimes, which fall outside the jurisdiction of these courts. Moreover, jurisdiction is limited to crimes against humanity or genocide, not the violations of the OECD Guidelines which form the basis of this complaint. On the 6th December 2021, a number of US-based Rohingya filed a class action lawsuit against Facebook in California for the role the platform played in violence committed against the Rohingya since Facebook’s entry into the telecommunications market in Myanmar. On the same day, a UK-based law firm issued a notice of their intention to file a lawsuit against Facebook before UK courts. The Complainants submit that consideration of the OECD complaint will not prejudice these lawsuits in any way, given questions of Californian and English and Welsh Tort law that are at issue in these cases, and which are materially distinct from the provisions in the Guidelines. Moreover, these domestic legal proceedings are also generally constrained as to the types of remedies available. These constraints leave room for an Irish-NCP-mediated settlement to provide a settlement that is more tailored to the specific requirements of the Rohingya children and students who are at present denied education in Cox’s Bazar Refugee camps, and whose educational needs cannot afford to wait the duration of lengthy legal proceedings. 2.6. Whether the consideration of the specific issue would contribute to the purposes and effectiveness of the Guidelines Consideration of the complaint by the Irish NCP would greatly contribute to the purposes and effectiveness of the OECD Guidelines. Facilitated dialogue by the NCP between the parties to the complaint, with the aim of ensuring Facebook’s business operations comply with the principles and standards of the OECD Guidelines, would be especially useful for the resolution of the issues in this complaint. The Complainants request the Irish NCP offer its good offices to resolve the disputes with the Respondent consequent to their failure to comply with the OECD Guidelines. 21