19 Amendments of Klaus BUCHNER related to 2018/2154(INI)
Amendment 7 #
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment;
Amendment 23 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas PMSCs are sometimes used by States, including EU Member States, for reasons of political convenience to avoid public scrutiny or parliamentary oversight and accountability on the use of troops, including by secret services for covert operations;
Amendment 26 #
Motion for a resolution
Recital B
Recital B
B. whereas PMSCs have been accused of engaging in a number ofserious human rights violations and incidents resulting in loss of life; whe and of being implicated in threats such incidents amount in some cases to serious violations of international humanitarian law, including war crimesagainst, attacks on and killings of human rights defenders, notably in relation to mega projects linked to extractive industries and large corporate interests; whereas PMSCs have also been accused of engaging in serious violations of international humanitarian law, including war crimes; whereas accountability and redress for such crimes remain largely unaddressed;
Amendment 34 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the use of services provided by PMSCs in fragile countries and crisis-prone regions may lead to very negative developments which undermine the EU's objectives in the field of foreign policy, human rights and development;
Amendment 129 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Expresses it serious concern at the wide range of violations of human rights and international humanitarian law that continue to be reported in relation to the activities of PMSCs worldwide and urges the EU and its Members States to take resolute action to address the accountability gap related to these actors; reminds all States of their obligation to ensure respect of human rights by PMSCs under their jurisdiction or operating within their territory;
Amendment 131 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that PMSCs play an important complementary role in aiding a state’s military and civilian agencies by closing capability gaps created by increasing demand for the use of forces abroad; underlines, however, that no activities should be outsourced to PMSCs that would involve the use of force and/or active participation in hostilities, except for self-defence, and under no circumstances should PMSCs be allowed to take part in or conduct interrogations;
Amendment 140 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Expresses its concern at the proliferation of PMSCs worldwide and the impact of the activities of PMSCs on the enjoyment of human rights, as well as on the activities of civil society organizations and human rights defenders; is alarmed by serious violations of human rights and international humanitarian law linked to the activities of PMSCs and the lack of accountability for many abuses;
Amendment 161 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance of preventing and protecting against human rights abuses perpetrated by PMSCs; reiterates the need for PMSCs to respect human rights and international law, when operating in host countries, and in particular in those that differ significantly in terms of culture and religion, to be mindful of local customs and habits so as not to jeopardise the effectiveness of their mission and alienate the local population;
Amendment 166 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the EU and its Member States to ensure that a clear and binding regulatory framework for PMSCs is in place in relation to megaprojects in third countries, notably where these are funded by EU-based investors or financial institutions, and that such projects are transparently monitored including in collaboration with civil society;
Amendment 176 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights the importance of regular independent monitoring, including through randomised field visits, to ensure oversight and put an immediate end to abuse; calls on the European External Action Service (EEAS)U delegations in countries where PMSCs are operating to monitor their activities, in particular regarding civil society actors and human rights defenders, to engage with local authorities on this topic when relevant, and provide regular feedback on their actions;
Amendment 179 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Urges the Commission and EEAS to use the same guidelines for the hire, use and management of military and security contractors in all external actions, missions, operations and for EU Delegations across all countries and regions and for all services of a revised Common Military List of European Union; urges the Commission and EEAS to include a list of best practises into such EU guidelines which can be derived from the Montreux Document in particular with regard to procedures for the selection and contracting of PMSCs, the criteria for the selection of PMSCs, the terms of contract with PMSCs and the monitoring of compliance and ensuring of accountability;
Amendment 190 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for mandatory due diligence requirements by entities who contract PMSCs, as well as for investors connected to the activities of PMSCs;
Amendment 191 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Believes that EU Member States, the EEAS and the Commission should agree on following the example of NATO by only contracting PMSCs based in EU Member States to ensure the highest level of accountability; urges the HR/VP, the Member States, the EEAS and the Commission to agree on common rules which oblige European based PMSCs executing contracts on their behalf to not subcontract local PMSCs in third countries as this practice runs counter to EU stabilisation and development policies, as often local militias, warlords and other actors are being strengthened as a result of such contracts;
Amendment 192 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that certain human rights abuses can be so serious that only judicial remedies, including criminal sanctions, are appropriate; Underlines the need to ensure judicial remedies for human rights violations, including criminal sanctions, resulting from activities of PMSCs; stresses that in case the EU relies on PMSCs located in third countries, such agreements must always clarify that the companies will be held accountable under EU law;
Amendment 213 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Affirms that victims and their defendants require easy and safe access to the judicial system, especially in cases of gross violations, and to non-judicial remedy procedures;
Amendment 219 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers an international binding instrument to be an appropriate option to ensure that human rights are fully protected wherever PMSCs operate; believes that such an international binding instrument shall build on the work of the UN Working Group on mercenaries and their 2011 draft International Convention on the Regulation, Oversight and Monitoring of Private Military and Security Companies; takes the view that the development of an international regulatory framework is in the interest of all stakeholders, as it provides for legal certainty, remedies, uniformity and objectivity with respect to international standards and thereby creates a level playing field at global level;
Amendment 223 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Urges the Council to regulate the export of military and security services as defined in an updated Common Military List of European Union via a dedicated Council Decision which should require national legislation controlling the export of military and security services; believes that contracts for the provision of these services outside the EU should be licensed by export authorizations and require annual reporting of service export licences granted by Member States in order to increase public transparency and accountability; points out that the legal bases for such a Council Decision is provided by Articles 25 and 28 TEU and can draw on the example of Council Common Position 2008/944;
Amendment 226 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises that such a framework should, as a minimum, impose clearly defined human rights obligations on PMSCs, including mandatory human rights training, including on engagement with civil society actors and human rights defenders, make a distinction between private military activity and private security activity, limit the use of force and firearms in the course of duty, establish civil liability of individuals and corporate actors, as well as laying down a requirement for civil liability insurance for risks related to the activities of PMSCs, call for penal accountability of personnel responsible for violations, provide effective access to remedies for victims, set out dissuasive penalties for violations by PMSCs, provide for independent monitoring of PMSCs' activities and for oversight by the authorities, and require a vetting mechanism to ensure that personnel are properly trained and comply with international human rights and humanitarian law standards;
Amendment 236 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that certain functions must not be outsourced to PMSCs, including interrogations, the overall operation of detention facilities, the punishmentincluding the handling of detainees, and active participation in hostilities, except for self-defence;