Activities of Saskia BRICMONT related to 2018/0356M(NLE)
Shadow reports (1)
REPORT containing a motion for a non-legislative resolution on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam
Amendments (49)
Amendment 4 #
Motion for a resolution
Citation 14
Citation 14
– having regard to the decision of the European Ombudsman of 26 February 2016 in case 1409/2014/MHZ on the European Commission’s failure to carry out a prior human rights impact assessment of the EU-Vietnam FTA7 and concluding that this failure is a case a maladministration, _________________ 7 https://www.ombudsman.europa.eu/en/deci sion/en/64308
Amendment 5 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the European Parliament resolution of 17 April 2014 on the state of play of the EU-Vietnam Free Trade Agreement “urg[ing] the Commission to carry out as soon as possible a Human Rights Impact Assessment with a view to ensuring ‘comprehensible trade indicators based on human rights and on environmental and social standards’, and in line with the Report of the UN Special Rapporteur on the right to food”,[1] [1] https://www.europarl.europa.eu/sides/get Doc.do?pubRef=- %2F%2FEP%2F%2FTEXT%2BTA%2B P7-TA-2014- 0458%2B0%2BDOC%2BXML%2BV0%2 F%2FEN&language=EN
Amendment 6 #
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– having regard to the Treaty on European Union (TEU), and in particular Title V thereof on the Union’s external action, especially Article 21.1 stating that “The Union's action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity”,
Amendment 7 #
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
– having regard to the EU Action Plan on Human Rights and Democracy 2015-2019,
Amendment 8 #
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
– having regard to the Council Conclusions on Child Labour of 20 June 2016;
Amendment 9 #
Motion for a resolution
Citation 17 c (new)
Citation 17 c (new)
– having regard to the Council Conclusions “Towards an ever more sustainable Union by 2030" of 9 April 2019,
Amendment 10 #
Motion for a resolution
Citation 17 d (new)
Citation 17 d (new)
– having regard to the Council Conclusions on Business and Human Rights of 20 June 2016,
Amendment 11 #
Motion for a resolution
Citation 17 e (new)
Citation 17 e (new)
– having regard to the Council Conclusions on the Action Plan on Human Rights and Democracy 2015-2019 of 20 July 2015,
Amendment 12 #
Motion for a resolution
Citation 17 f (new)
Citation 17 f (new)
– having regard to the European Parliament resolution of 12 December 2018 on the annual report on human rights and democracy in the world 2017 and the European Union’s policy on the matter that “recalls the EU’s commitment to placing human rights and democracy at the centre of its relations with third countries
Amendment 13 #
Motion for a resolution
Citation 17 h (new)
Citation 17 h (new)
– having regard to the European Parliament resolution on the annual report on human rights and democracy in the world and the European Union’s policy on the matter 2015,
Amendment 14 #
Motion for a resolution
Citation 17 i (new)
Citation 17 i (new)
– having regard to the statement of 17 May 2019 on behalf of the EU Ambassador to Vietnam on the recent convictions of Ms Vu Thi Dung and Ms Nguyen Thi Ngoc Suong,
Amendment 15 #
Motion for a resolution
Citation 17 j (new)
Citation 17 j (new)
– having regard to the European Court of Justice 2/15 Opinion on EU- Singapore FTA stating that trade and sustainable development chapters have a direct and immediate effect on trade and that a breach on sustainable development provisions authorises the other Party to terminate or suspend the liberalisation provided for on other provisions of the FTA,
Amendment 16 #
Motion for a resolution
Citation 17 k (new)
Citation 17 k (new)
– having regard to the economic impact of the EU-Vietnam Free Trade Agreement[1], [1] https://trade.ec.europa.eu/doclib/docs/201 9/february/tradoc_157686.pdf
Amendment 17 #
Motion for a resolution
Citation 17 l (new)
Citation 17 l (new)
– having regard to the Council conclusions of 17 June 2016 on strengthening the balance in the pharmaceutical systems in the EU and its Member States,
Amendment 18 #
Motion for a resolution
Citation 17 m (new)
Citation 17 m (new)
– having regard to the European Parliament resolution of 2 March 2017 on EU options for improving access to medicines,
Amendment 33 #
Motion for a resolution
Recital E
Recital E
E. whereas Vietnam is a founding member of the Comprehensive and Progressive Trans-Pacific Partnership (CPTPP) and a party to the ongoing negotiations on the Regional Comprehensive Economic Partnership (RCEP); whereas under CP-TPP, before the US’ withdrawal from the agreement, Vietnam had committed to allow workers to set up independent trade unions within five years following the ratification of the agreement; whereas the text of the agreement also indicated specific provisions of the Labour Code Vietnam needed to amend in order to abide by its commitments;
Amendment 38 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the economic impact carried out by the Commission concluded to “export gains of €8 billion by 2035 for EU firms, while Vietnam exports to the EU are expected to grow by €15 billion” which would aggravate further the trade deficit of the EU;
Amendment 41 #
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas, in the mission letter sent to all Commissioners-designate, President-elect von der Leyen insisted that “Each Commissioner will ensure the delivery of the United Nations Sustainable Development Goals within their policy area”;
Amendment 43 #
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. whereas the Council has repeatedly called for policy coherence, for the incorporation of human rights in impact assessments for EU sectoral policies such as trade and for the EU will step up its efforts to promote a safe and enabling environment in which civil society and independent media can flourish; whereas the Council has stressed that access to effective remedies for victims of business-related human rights abuses is of crucial importance”;
Amendment 45 #
Motion for a resolution
Recital H d (new)
Recital H d (new)
Hd. whereas the Council has emphasised that it is in the EU's interest to continue to play a leading role in implementing the 2030 Agenda in a coherent, comprehensive, and effective manner,[considering that it is] an overarching priority of the EU, for the benefit of its citizens and for upholding its credibility within Europe and globally;
Amendment 47 #
Motion for a resolution
Recital H e (new)
Recital H e (new)
He. whereas the European Parliament has stressed that support for democratic systems and aspirations for the freedom of peoples should continue to be guiding principles for the EU’s economic interests and that goods circulated in its territory under ethical certification schemes are free from forced and child labour;
Amendment 48 #
Motion for a resolution
Recital H f (new)
Recital H f (new)
Hf. whereas the European Parliament has strongly called for the systematic introduction of human rights clauses in all international agreements, including trade and investment agreements concluded and to be concluded between the EU and third countries; whereas the EP has requested on the one hand, the establishment of ex ante monitoring mechanisms before any framework agreement is concluded, and on which such conclusion is made conditional as a fundamental part of the agreement and, on the other hand, for ex post monitoring mechanisms that enable tangible action to be taken in response to infringements of these clauses;
Amendment 49 #
Motion for a resolution
Recital H g (new)
Recital H g (new)
Hg. whereas the number of prisoners of conscience has risen from 75 in 2013 at the onset of the negotiations to 86 when the EU-Vietnam Partnership and Cooperation Agreement entered into force and to 128 in 2019; whereas the situation of Human Rights was regularly evoked with no significant progress, including in the framework of the bilateral Human Rights Dialogue;
Amendment 50 #
Motion for a resolution
Recital H h (new)
Recital H h (new)
Hh. whereas the European External Action Service warned in May 2019, the month before the signature of the EU- Vietnam FTA/IPA, against “an extensive enforcement of the national security provisions of the 2015 Penal Code and [the] continu[ation of] the negative trend, of prosecuting and sentencing Vietnamese citizens, including for peacefully expressing their opinions online [which are] direct breach of the international obligations, which Vietnam has itself signed up to [under the Vietnamese Constitution, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights], and which the European Union expects full respect for”[1]; [1] https://eeas.europa.eu/delegations/viet nam/62647/statement-behalf-eu- ambassador-vietnam-recent-convictions- ms-vu-thi-dung-and-ms-nguyen-thi_en
Amendment 51 #
Motion for a resolution
Recital H i (new)
Recital H i (new)
Hi. whereas Vietnam has officially rejected all recommendations to take concrete steps to improve its human rights record during its latest UN scrutiny in the Universal Periodic Review in March 2019;
Amendment 52 #
Motion for a resolution
Recital H j (new)
Recital H j (new)
Hj. whereas, according to the 2019 World Justice Project Rule of Law Index[1], Vietnam ranked 81 out of 126 investigated countries when it comes to government openness (as assessed by the four following dimensions : publicized laws and government data, right to information, civic participation, and complaint mechanisms); [1] https://worldjusticeproject.org/our- work/research-and-data/wjp-rule-law- index-2019
Amendment 53 #
Motion for a resolution
Recital H k (new)
Recital H k (new)
Hk. whereas according to the Press Freedom Ranking established by Reporters Without Borders in 2019[1], Vietnam ranked 176 out of 180 countries; whereas this mediocre score is explained by about thirty journalists or bloggers put in fail following a heavy- handed use of Articles 79, 88 and 258 of the criminal code, under which “anti-state propaganda” and “abusing the rights to freedom and democracy to threaten the interests of the state” are punishable by long prison terms; [1] https://rsf.org/en/ranking_table
Amendment 54 #
Motion for a resolution
Recital H l (new)
Recital H l (new)
Hl. whereas some 1.75 million working children are categorised as “child labourers”, accounting for 9.6per cent of the national child population whereas about 67per cent of them work in agriculture while 15.7per cent are active in construction/manufacturing and 16.7per cent in services.”[1]; whereas an update of these figures and a roadmap to eradicate child labour by 2025 and eliminate forced labour, modern slavery and human trafficking by 2030 are expected by December 2019; whereas the President-elect Von der Leyen raised the zero-tolerance approach to child labour as a fundamental and cross- cutting principle of the European Commission; [1] https://www.ilo.org/wcmsp5/groups/pu blic/---asia/---ro-bangkok/---ilo- hanoi/documents/publication/wcms_2378 33.pdf
Amendment 55 #
Motion for a resolution
Recital H m (new)
Recital H m (new)
Hm. whereas in 2011, the European Parliament adopted a resolution on the extension of preferential tariffs to textiles imported from Uzbekistan in which it recalled that “on the basis of the principles and objectives of the Union's external action, the Union has the moral responsibility to use its leverage, as one of the main trading partners and a major importer [and] therefore, the Agreement cannot be treated as a purely trade and investment-related agreement, as long as human rights concerns are raise”; whereas the deterioration of the since the launch of negotiations in 2012 and despite the entry into force of the PCA in 2016leads to a similar conclusion;
Amendment 56 #
Motion for a resolution
Recital H n (new)
Recital H n (new)
Amendment 57 #
Motion for a resolution
Recital H o (new)
Recital H o (new)
Ho. whereas the Council and the European Parliament have underlined the importance of timely availability of generics and biosimilars in order to increase competition, to reduce prices, to facilitate patients' access to pharmaceutical therapies and to improve the sustainability of national health systems;
Amendment 58 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Notes that in the current context of raising protectionism and citizens’ justified concerns about climate change and unfair globalisation, old fashioned trade agreements are no longer tenable and regrets the missed opportunity for the EU to introduce stronger human rights and sustainability provisions in this FTA at these challenging times;
Amendment 62 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the EU-Vietnam FTA (EVFTA) is the most comprehensive and ambitious agreement ever concluded between the EU and a developing country and serves as a reference point for the EU’s engagement with developing countries; recalls that Vietnam is still a beneficiary under the EU’s GSP scheme;
Amendment 67 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that negotiations began in June 2012 and were concluded in December 2015 after 14 negotiating rounds, and regrets subsequent delays in bringing forward the agreement for signature and ratification; the decision of the Commission to not proceed with a human rights impact assessment in spite of the 4 years between passed the political conclusion and the signature of the agreements;
Amendment 71 #
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 80 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that EU trade agreements should be put in the service of sustainable development for citizens and to protect consumers, workers and the environment, to create decent jobs, to fight money laundering, tax evasion and the financing of terrorism, to uphold EU standards, safeguarding public services and respecting democratic procedures whilst boosting EU export opportunities; therefore a fundamental change in the current trade paradigm is of utmost importance, putting sustainability on equal footing with economic interests;
Amendment 82 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses the importance of bringing the Cybersecurity Law into conformity with Vietnam’s human rights international obligations in due time before the ratification of the Agreement by the EU;
Amendment 83 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Deplores the fact that no human rights impact assessment was ever carried out prior to the launching of negotiations in spite of repeated demands from the European Parliament and serious concerns regarding the protection of human rights in Vietnam, notably following the decision of the European Ombudsman of 26 February 2016, which concluded that the refusal of the European Commission to carry out a prior human rights impact assessment of the EU/Vietnam Free Trade Agreement is unjustified and constitutes a case of maladministration;
Amendment 88 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is convinced that the agreement will make further strides towards setting high standards and rules in the ASEAN region, helping to pave the way for a future region-to-region trade and investment agreement; stresses that the agreement also sends a strong signal in favour of open and free trade at times of protectionist tendencies and the questioning of multilateral rules-based trade, but regrets however, that at times of strong criticism towards the world trade order no significant changes are made to the EU trade liberalisation rules;
Amendment 103 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. StressNotes the improved access under this agreement to Vietnamese public procurement in line with the Government Procurement Agreement (GPA), as Vietnam is not yet a member of the GPA; underlines that the government procurement chapter of the EVFTA achieves a degree of transparency and procedural fairness comparable to other FTAs that the EU has signed with developed and more advanced developing countries;
Amendment 121 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that the agreement safeguards the EU’s right to apply its own standards to all goods and services sold in the EU and upholds the EU’s precautionary principle; ; notes that this agreement fails to adequately safeguard the precautionary principle as set out in the Treaty on the Functioning of the European Union since it is grounded on WTO’s weak rules, on which basis the EU lost at least two disputes; urges the Commission to negotiate in all future bilateral agreements adequate protection for the precautionary principle as enshrined in EU Treaties;
Amendment 127 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the EVFTA includes a robust, comprehensive and binding chapter on Trade and Sustainable Development (TSD) dealing with labour and environmental matters but regrets that it is not submitted to the general dispute settlement mechanism of the FTA; also regrets that the Paris Agreement on climate change and the Sustainable Development Goals (SDGs) of the UN are not explicitly mentioned as binding obligations for both partners; stresses that the TSD chapter is designed to contribute to broader EU policy objectives, notably on inclusive growth, the fight against climate change and more generally in upholding EU values; emphasises that it ishould also be an instrument for development and social progress in Vietnam to support Vietnam in its efforts to improve labour rights and to enhance protection at work and protection of the environment; notes that while the Parties reaffirm their commitments linked with ILO, there is no reference to their effective implementation as was mentioned in the similar UE-Singapore FTA, EU-Japan Economic Partnership Agreement or in the modernised EU-Mexico Global Agreement;
Amendment 138 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Deplores that a sanction-based mechanism to effectively enforce sustainable development related provisions has not been included in the TSD chapter;
Amendment 146 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the concrete steps taken by the Vietnamese Government so far, including amending labour legislation and the legal framework on the minimum age at work, aimed at abolishing child labour and making commitments on non- discrimination and gender equality at work;
Amendment 147 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Requests that the Vietnamese Government will present an ambitious yet credible roadmap work plan to eradicate child labour by 2025 and eliminate forced labour, modern slavery and human trafficking by 2030 and is looking forward to its assessment by the International Labour Organization in due time before the ratification of the agreement;
Amendment 151 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses, however, that despite this progress, important challenges remain; welcomes in this regard the ratification of fundamental ILO Convention 98 (collective bargaining) on 14 June 2019 and the commitment by the Vietnamese Government to ratify two remaining fundamental Conventions, namely 105 (abolition of forced labour) in 2020 and 87 (freedom of association) in 2023, following the imminent adoption of the new; underlines the condition that the principles of Conventions 87 and 105 must be enshrined in the amended Labour Code, so as to provide for the necessary legal basis for Vietnam to ratify those conventions; but regrets that the FTA itself does not mention official provide for formal deadlines for the ratification of ILO Convention 87 and 105; stresses the importance of swiftly adopting implementing measures with regard to ILO Convention 98; stresses the necessary condition that the Criminal Code does not nullify the positive steps taken under the Labour Code;
Amendment 161 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the commitment to effectively implement multilateral environmental agreements such as the Paris Agreement on climate change, and to act in favour of the conservation and sustainable management of wildlife, biodiversity and forestry; recalls that the Agreement provides for specific measures to fight against Illegal, Unreported and Unregulated fishing (IUU) and to promote a sustainable and responsible fishery sector, including aquaculturequests the Commission to conduct regular impact assessments with regard to environmental and climate impacts after three years of implementation of the FTA in order to ensure full compatibility between trade liberalisation and EU’s climate targets; calls for the immediate activation of the amendment procedure in case of incompatibilities with sustainable development and the SDGs; stresses that Vietnam is currently in violation of the specific measures provided by the Agreement under the TSD chapter to fight against Illegal, Unreported and Unregulated fishing (IUU) and that the Commission has issued a yellow card in 2017 in the framework of the EU IUU Regulation; requests that preferential tariffs on fishery products be applied only once the conditions for lifting the yellow cards are met; deplores that while an Article of the TSD chapter recalls the importance of responsible and sustainable aquaculture, there is no such an article on responsible and sustainable agriculture, a sector that should benefit strongly from the FTA;
Amendment 179 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Acknowledges Vietnam’s engagement to address illegal logging and deforestation through the conclusion of a Voluntary Partnership Agreement on Forest Law Enforcement, Governance and Trade (VPA/FLEGT) with the EU; notes that this agreement has been in force since 1 June 2019 and introduces mandatory due diligence obligations for its importers; welcomes the open and constructive participation of all relevant stakeholders in Vietnam in this process; encourages Vietnam to adopt TLAS measures that fully meet the ambition of the VPA commitments and recalls that this is a necessary condition to reach FLEGT licencing status; regrets that the FTA provides for the full liberalisation of all trade in FLEGT VPA timber products at entry into force and is concerned that this situation could result in additional pressure on the import control system under the EU Timber Regulation;
Amendment 194 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that the involvement of civil society in monitoring the implementation of the agreement is crucial, and calls for the swift establishment of domestic advisory groups following the entry into force of the agreement and for the balanced representation of civil society therein, including the participation of independent civil society organisations; warns that the absence of freedom of speech and a draconian implementation of the Penal and Criminal Codes seriously risk rendering the domestic advisory group meaningless;