17 Amendments of Javier NART related to 2018/2154(INI)
Amendment 20 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas there is a lack of agreed definitions of PSCs, PMCs and of their services; whereas, as suggested by the definition included in the draft convention prepared by the UN Working Group on Mercenaries, a PMSC can be defined as a corporate entity which provides on a compensatory basis military and /or security services by physical persons and/or legal entities; whereas military services in this context can be defined as a specialised services related to military actions including strategic planning, intelligence, investigation, land, sea or air reconnaissance, flight operations of any type, manned or unmanned, satellite surveillance and intelligence, any kind of knowledge transfer with military applications, material and technical support to armed forces and other related activities; whereas security services can be defined as armed guarding or protection of buildings, installations, property and people, any kind of knowledge transfer with security and policing applications, development and implementation of informational security measures and other related activities;
Amendment 46 #
Motion for a resolution
Recital C
Recital C
C. whereas over the years there were numerous incidents in Iraq and Afghanistan involving western private security companies (in particular CACI International, L-3 Services, Blackwater, Unity Resources Group and Xe) in which civilians were wounded or killed; whereas these incidents peaked between 2003 and 2009, and, since then, most of them have been thoroughly investigated and many of those responsible have been brought to justice;
Amendment 115 #
Motion for a resolution
Recital R
Recital R
R. whereas initiatives such as the Montreux Document and the ICoC have helped to clarify and raise awareness of states’ obligations with respect to PMSCs; whereas these initiatives are non-binding and voluntary, with no significant penalty for non-compliance or for the commission of human rights violations, beyond being expelled from the International Code of Conduct for Private Security Service Providers’ Association and losing out on valuable contract; whereas the EU and 23 Member States have joined the Montreux Document acknowledging their positive aspects; whereas the Montreux Document applies only in times of armed conflict; whereas the International Code of Conduct for Private Security Service Providers does not feature accountability or enforceable remedies for victims;
Amendment 125 #
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas the EU and its Member States should aim at avoiding these situations in the future, and refrain from outsourcing military operations that imply the use of force and weaponry, participating in hostilities and otherwise engaging in combat or combat areas, beyond legitimate self-defence;
Amendment 127 #
Motion for a resolution
Recital S b (new)
Recital S b (new)
Amendment 138 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need for a categorical prohibition of allowing PSC to engage in war or combat areas and of outsourcing military operations that imply use of force and weaponry or participation in hostilities, allowing thus only self-defence in case of attack;
Amendment 139 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that the outsourcing of activities or services to PSCs should be limited to logistic support and protection of installations, and that the presence of PSCs should be limited to non-combat areas;
Amendment 142 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Expresses its concern at the proliferation of PSCs in the EU and PMSCs worldwide and the impact of the activities of PMSCs on the enjoyment of human rights; 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 160 #
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, 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; requires PMSCs personnel to be trained in human rights and humanitarian law standards to safeguard against human rights violations;
Amendment 175 #
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; cCalls on the European External Action Service (EEAS) delegations in countries where PMSCs are operating to monitor their activities and provide regular feedback on their actions;
Amendment 185 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Holds the view thatUrges that, in line with UN human rights commitments, states have the obligation to investigate and prosecute in cases where PMSCs have committed human rights abuses;
Amendment 210 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises the need to ensure effective remedies, including reparation, commensurate with the scale of violations committed for all victims of human rights abuses committed by PMSCs;
Amendment 212 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Affirms that victims require easy and safe access to the judicial system, especially in cases of gross violations, and to non-judicial remedy procedures, and rejects any obstacle to victims that could be put in place when fighting for their right to access to justice and to remedy; highlights the importance to prioritize the protection of civilians and bring perpetrators to justice, including mercenaries and foreign fighters who had committed human rights violation on all sides of past conflicts;
Amendment 214 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. UBelieves that, as a first step, the EU should define relevant military and security services in a precise way, and furthermore create an EU regulatory framework binding for all EU Member States, that would include a blacklist of companies not complying with EU human right standards; urges the Council, in this respect, to add military and security services to PSCs to the Common Military List of the European Union without delay; underlines the importance of ensuring that no gaps exist in protection from human rights abuses; sees a need to improve regulation of PMSCs so as to close any existing gaps;
Amendment 217 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Accentuates the importance of contextualizing the Montreux Document to address challenges to specific national regulators, and promote a dedicated exchange on existing good practices in PMSCs regulation faced by national petitioners; at the EU level, stresses the importance to subject the use of PSCs to effective parliamentary control as a foreign policy tool;
Amendment 220 #
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; takes the view thatsupports, as it is in the interest of all stakeholders, the development of an international regulatory framework is in the interest of all stakeholders, as ito provides for legal certainty, remedies, uniformity and objectivity with respect to international standards and thereby to creates a level playing field at global level; in this sense supports the EU contribution, in the context of the UN Human Rights Council, in view of setting up an international regulatory framework;
Amendment 246 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Member States, the EEAS and the Commission to promote and strongly support the Human Rights Council working groups (special procedures and intergovernmental) and to aim for the creation of a universal UN convention aimed ; stresses that establishing an international legal regime to regulate relevant services provided by PMSCs which couldill complement national legislation and voluntary initiatives in providing effective and robust regulation of PMSCs and close existing gaps;will establish important and uniform obligations for States and PMSCs.