51 Amendments of Miguel URBÁN CRESPO related to 2018/2154(INI)
Amendment 2 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the report by the independent expert Alfred-Maurice de Zayas on the promotion of a democratic and equitable international order, presented to the United Nations General Assembly, in which it is stated that ‘foreign direct investment and other capital flows can generate problems in areas beyond human rights’,
Amendment 5 #
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to Article 103 of the Charter of the United Nations, which stipulates that ‘in the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail’,
Amendment 12 #
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
– having regard to its resolution of 8 October 2013 on corruption in the public and private sectors: the impact on human rights in third countries,
Amendment 13 #
– having regard to the report entitled ‘Border Wars – The arms dealers profiting from Europe’s refugee tragedy’ by the Transnational Institute, the Centre Delàs d’Estudis per la Pau and Stop Wapenhandel, having regard to the report by the same organisation entitled ‘Market Forces: The development of the EU Security-Industrial Complex’, and having regard to the report entitled ‘Expanding the fortress: the policies, the profiteers and the people shaped by the EU’s border externalisation programme’,
Amendment 15 #
Motion for a resolution
Recital A
Recital A
A. whereas the number of private military and security companies (PMSCs) has dramatically increased over the past 20 years; whereas PMSCs are performing many activ, in the absence of the necessary democratic scrutiny and public debate; whereas PMSCs have provided services traditionally provided by national armies and public authorities, both within and outside of situations of armed conflict armed conflict, for example demining, escorting convoys, protecting mines and oil refineries, interrogation, intelligence services, protecting commercial shipping from piracy, providing floating armouries, participating in drug-eradication efforts, working in prisons and detention centres, carrying out peacekeeping missions, and even conducting offensive military operations;
Amendment 22 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas turning security into a commodity undermines the responsibility that states have to guarantee their citizens’ security; whereas, in the absence of transparency and regulation with regard to PMSCs, societies will see the rule of law eroded and democratic institutions weakened;
Amendment 27 #
Motion for a resolution
Recital B
Recital B
B. whereas PMSCs have been accused of engaging in a number ofcommitting human rights violations and incidents resulting in loss of life, including the abuse and torture of detainees, the murder of civilians, the destruction of property, harassment and sexual violence, people trafficking, forced labour, child exploitation, and so on; whereas such incidents amount in some cases to serious violations of international humanitarian law, including war crimes;
Amendment 32 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the border security market is in rapid expansion, was estimated to be worth EUR 15 billion in 2015 and is predicted to increase in value to over EUR 29 billion per annum by 2022; whereas the European border security industry is dominated by major arms companies, which have expanded or developed their security divisions, and by a group of smaller hi-tech companies specialising in security; whereas the major players on the European border security scene also include companies that manufacture arms, such as Airbus, Finmeccanica, Thales and Safran, as well as the technology giant Indra; whereas Finmeccanica and Airbus have been the main beneficiaries of European contracts aimed at strengthening the borders; and whereas Airbus is, moreover, the main beneficiary of funding contracts for research in the field of security;
Amendment 35 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas Finmeccanica, Thales and Airbus, which are prominent players in the security business in the EU, are also three of the four main arms traders in Europe, selling to countries in the Middle East and North Africa; whereas it is those same arms, military and private security companies that have fuelled the conflicts in Afghanistan, Iraq, Syria and Yemen by selling arms, technology systems and security services; whereas their total revenue in 2015 stood at EUR 95 billion;
Amendment 36 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas some of the parties to have made the most out of the EU’s security research budget for 2014-2020 have been major companies; whereas, in December 2016, Atos was involved in 15 projects (worth EUR 6.5 million), Thales in 9 projects (worth EUR 4.6 million), the Italian company Engineering in 6 projects (worth EUR 4 million), and Airbus in 2 projects (worth EUR 3.6 million); whereas, in the previous 6-year period between 2007 and 2013, the main business players were Thales (EUR 28.5 million, 63 projects), Selex (EUR 23.2 million, 54 projects), BAE Systems (EUR 14.2 million, 32 projects), and Indra (EUR 12.3 million, 16 projects); whereas, in total, PMSCs have received almost EUR 552 million from the European Security Research Programme budget under the Seventh Framework Programme for Research and Technological Development (FP7, 2007- 2013), which is equivalent to roughly 40% of the total budget of EUR 1.4 billion; whereas, via projects, PMSCs obtained on average almost 25% more from the European Security Research Programme 2007-2013 than from equivalent research programmes, for example in the areas of health, ICT, energy, the environment and transport;
Amendment 37 #
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas between 2014 and 2020 at least EUR 11 billion has been allocated to budgets aimed at security measures: EUR 3.8 billion to the Internal Security Fund, EUR 1.7 billion to the European Security Research Programme (officially known as ‘Secure Societies’), EUR 3.1 billion to the Asylum, Migration and Integration Fund (which has many uses in the context of security policy) and EUR 2.4 billion to organisations responsible for dealing with internal EU affairs, such as Europol and Frontex;
Amendment 38 #
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas a wide variety of companies has benefited from the increase in spending on border security, particularly arms manufacturers and biometric security firms; whereas the French arms giant Thales, which is also one of the main exporters of arms to the region, is a major player, providing military equipment for border security, as well as biometric systems and equipment; whereas the principal firms providing biometric security include Veridos, OT Morpho and Gemalto (which is soon to be taken over by Thales); whereas, furthermore, Germany and Italy fund their own arms firms – Hensolt, Airbus and Rheinmetall (Germany), and Leonardo and Intermine (Italy) – in order to underpin border security operations in the MENA region, in particular Egypt, Tunisia and Libya; whereas, in Turkey, the largest border security contracts have been awarded to Turkish defence firms, in particular Aselsan and Otokar, which use the resources to support their own defence efforts, and which also back controversial Turkish attacks on Kurdish communities;
Amendment 39 #
Motion for a resolution
Recital B f (new)
Recital B f (new)
Bf. whereas the promotion and militarisation of border security has led to an increase in the number of deaths among people who have been forcibly displaced; whereas, in general, when action is taken to close down a migration route, people are forced to take other more dangerous routes; whereas, in 2017, 1 in every 57 migrants crossing the Mediterranean died, while in 2015 the figure was 1 in 257; whereas this reflects the fact that the Central Mediterranean route, the longest and most dangerous, was the main route for (significantly fewer) forcibly displaced persons, mostly from eastern and Sub-Saharan Africa, and whereas the principal route in 2015, from Turkey to Greece, was chiefly used by Syrians; whereas, although there are no official figures, it is estimated that at least twice as many refugees die in the desert than in the Mediterranean;
Amendment 40 #
Motion for a resolution
Recital B g (new)
Recital B g (new)
Bg. whereas the arms and security industry has succeeded in securing EUR 316 million in funding for research on security topics, thereby setting the agenda for research, implementing it and then, on many occasions, being awarded the resulting contracts; whereas, since 2002, the EU has financed 56 projects in the field of border security and control;
Amendment 41 #
Motion for a resolution
Recital B h (new)
Recital B h (new)
Bh. whereas PMSCs are particularly active in situations of armed conflict and other unstable contexts, and whereas the complexities involved in the areas concerned are often an obstacle to effective monitoring, public scrutiny, accountability and remedies for the victims of PMSCs; whereas their opaque behaviour and lack of transparency have had an impact on the international community’s efforts in the countries in question, and revealed considerable gaps in accountability structures, for example the establishment of numerous layers of subsidiaries and subcontractors in different countries;
Amendment 42 #
Motion for a resolution
Recital B i (new)
Recital B i (new)
Bi. whereas the militarisation of the EU’s migration policies has led to an increase in military and defence spending, both at EU and Member State level; whereas private stakeholders working in the defence and security sector have played a major role in the creation and design of those policies; whereas there is a growing confluence of interests between European political leaders who are seeking to militarise their borders and the main defence and security contractors who provide the services concerned; whereas our military-security-industrial complex is today stronger than ever, and is utilising technologies which are aimed at external and internal considerations, and which at present are being directed against some of the most vulnerable and desperate people in the world;
Amendment 45 #
Motion for a resolution
Recital C
Recital C
C. whereas over the years there werehave been 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 investigat; whereas these violations include torture, the indiscriminate killing of civilians and the failure to uphold contractors’ labour rights; whereas, in practice, despite the fact that these cases have been well documented, neither the companies nor their managers or employees have been held accountable or punished, and many of those responsible have been brought to justicethe victims have failed to obtain due compensation;
Amendment 54 #
Motion for a resolution
Recital E
Recital E
E. whereas in 2012 two guards from an Italians PMSC assigned to anti-piracy duties aboard an Italian commercial ship shot deamurdered two Indian fishermen off the coast of Kerala; whereas it is controversial whether the killing occurred in Indian or international waters and whether India or Italy has jurisdiction; whereas the Permanent Court of Arbitration at The Hague is expected to issue its ruling on the case later in 2018;
Amendment 57 #
Motion for a resolution
Recital F
Recital F
F. whereas ranchers reportedly paid the Brazilian security firm Gaspem more than USD 10 000 each time it evicted Guarani Indians from their lands; whereas in 2014 Brazilian police shut down Gaspem on account of the reported killing of at least two Guarani leaders, and of brutal attacks against hundreds more; whereas on 20 January 2014, a federal court in Brazil ordered the closure of the firm Gaspem following allegations of involvement in violence against indigenous Guarani-Kaiowá people and the deaths of two community leaders;
Amendment 63 #
Motion for a resolution
Recital H
Recital H
Amendment 69 #
Motion for a resolution
Recital I
Recital I
Amendment 80 #
Motion for a resolution
Recital K
Recital K
Amendment 88 #
Motion for a resolution
Recital L
Recital L
L. whereas PMSCs have been providing equipment and services to prisons, detention centres and military checkpoints in the occupied Palestinian territories; whereas the European firm G4S has received complaints alleging that, while providing services in the territories concerned, it had breached the general policies and human rights provisions laid down in the OECD guidelines; whereas complaints have been made against other PMSCs for breaches of human rights and abuses committed at checkpoints; whereas, in 2016, two people were murdered by private security guards at the main Qalandia checkpoint; whereas a number of PMSCs have been accused of assaulting and even killing Palestinian civilians in the territories in which the companies concerned were providing security services;
Amendment 89 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas, in 2012, it was reported that Streit Security Vehicles – a company that is part of the Streit Group and is owned by a Canadian businessman – had exported a number of Typhoon armoured vehicles to Sudan; whereas that PMSC also provides logistical support for the transport and maintenance of the armoured vehicles concerned; whereas, over a decade ago, the Canadian Government brought in sanctions banning Canadian citizens from selling arms and related material to Sudan;
Amendment 90 #
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas a number of PMSCs that provide security for mining and industrial farming projects in Africa and Latin America have been accused of human rights violations; whereas in Zimbabwe a number of PMSCs operating at diamond mines have been accused of assaulting and murdering local people; whereas in Zimbabwe in 2018 locals in the Marange area made complaints about the Zimbabwe Consolidated Diamond Company, a PMSC, alleging human rights abuses, including the murder of at least 15 people, and that restrictions had been placed on movement; whereas, in April 2013, residents of San Rafael las Flores in Guatemala were wounded when security staff working for Tahoe Resources (a Canadian mining company) shot at them during a peaceful protest against a mining project;
Amendment 91 #
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. whereas a number of PMSCs have been accused of providing technology that has been used to breach people’s rights to freedom and security, civil and political rights, and the right to privacy; whereas, in 2013, the Gamma Group allegedly sold FinFisher surveillance technology to the authorities in Bahrain, who used it to spy on the political opposition and human rights defenders; whereas in 2016 the UK National Contact Point for the OECD Guidelines for Multinational Enterprises concluded that Gamma’s behaviour was inconsistent with its obligations under the OECD Guidelines and that the firm had made no progress or efforts whatsoever with regard to complying with the recommendations; whereas the Italian PMSC Hacking Team has sold spyware to the governments of several Latin American countries; whereas the software concerned is inconsistent with the legal standards in place in those countries, and violates a number of fundamental rights, such as the right to freedom of speech, the right to privacy, and the right to due legal process; whereas, in Mexico, 8 in every 10 government agencies to have bought the software did not have authorisation to carry out surveillance activities;
Amendment 92 #
Motion for a resolution
Recital L d (new)
Recital L d (new)
Ld. whereas a number of PMSCs which operate prisons have been accused of excessive use of force and of failing to provide even the most basic living conditions for prisoners; whereas in 2013 the Government of South Africa reported cruel treatment (including forced injections, electric shocks and beatings) of at least 62 detainees in Mangaung prison (managed by G4S); whereas in 2015, new documents and witness accounts spoke of prisoners being tortured prior to their deaths, while the prison recorded the deaths as being due to natural causes or suicide; whereas in 2013, 12 Palestinian women were put in Hasharon prison (Israel) operated by G4S; whereas the pregnant prisoners were not provided with special diets nor living space and were not able to go for medical check-ups in hospital during their detention; whereas prior to giving birth, they were shackled to their beds until they entered the delivery room, being shackled again after giving birth;
Amendment 93 #
Motion for a resolution
Recital L e (new)
Recital L e (new)
Le. whereas on 17 February 2014, during a riot at the Manus Island detention centre (an Australian offshore immigration centre), G4S security guards were accused of using iron bars and rocks to attack the detainees;
Amendment 94 #
Motion for a resolution
Recital L f (new)
Recital L f (new)
Amendment 95 #
Motion for a resolution
Recital L g (new)
Recital L g (new)
Lg. whereas a complaint was lodged in January 2017 against the Spanish PMSC Prosegur concerning alleged failings in tackling abuse of workers’ rights in Colombia, Peru and India; whereas the allegations concerned cases of harassment, retaliation, threats and attacks against unionised workers of the PMSC which were allegedly tolerated and in some cases encouraged by the PMSC;
Amendment 96 #
Motion for a resolution
Recital L h (new)
Recital L h (new)
Lh. whereas in 2012, the United Nations Monitoring Group for Somalia and Eritrea reported on cases of torture and homicide allegedly committed by Saracen International, a subsidiary of the PMSC Sterling;
Amendment 97 #
Motion for a resolution
Recital L i (new)
Recital L i (new)
Li. whereas complaints have also been lodged concerning repression of, and use of the force against, unarmed civilians at demonstrations; whereas in September- October 2016, PMSCs hired by several universities in South Africa were accused of violence against protesting students; whereas in 2017, the South African police and Mafoko Security Services staff used violent means of repression, including the use of arms, against students protesting at the University of the Free State for a reduction in fees;
Amendment 101 #
Motion for a resolution
Recital N
Recital N
N. whereas few countries have national legislation that covers the activities of PMSCs abroad; whereas the rules governing PMSCs are spread over several regulatory instruments (laws, military ordinances, decrees, ministerial guidelines, calls for tender, etc.); whereas some remain classified (such as the rules of engagement in the Occupied Palestinian Territory) or are subject to constant variation (such as the criteria for granting contracts in Iraq) resulting in legal uncertainty; whereas taking into account the transnational nature of PMSCs and the challenges faced in applying national laws to international PMSCs operating in foreign states, national legislation alone is insufficient to adequately cover and control the impact of the sector worldwide; whereas a comprehensive regulatory approach is needed – including national and international legislation – as regards the activities of PMSCs; whereas it is appropriate to establish an international legal framework with binding regulatory and control mechanisms;
Amendment 102 #
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas all states and all business enterprises are bound by the UN Guiding Principles on Business and Human Rights, whether transnational or other, regardless of their size, sector, location, ownership and structure, but pointing out that these currently lack effective control and sanction mechanisms;
Amendment 103 #
Motion for a resolution
Recital N b (new)
Recital N b (new)
Nb. whereas the UN Global Compact, comprising ten principles, asks corporations to embrace, support and enact, within their sphere of influence, a set of core values in the areas of human rights, labour standards, the environment and the fight against corruption, making a commitment to those values and integrating them into their business operations on a voluntary basis, but pointing out that this Compact is insufficient given that it continues to rely on voluntary compliance with its content;
Amendment 104 #
Motion for a resolution
Recital N c (new)
Recital N c (new)
Nc. whereas protecting human rights must be a priority for the Member States and the Union itself, which should have an obligation to prevent European business enterprises from violating human rights regardless of the place where infringements are committed; whereas this priority requires the introduction of effective control and sanction mechanisms to deal with these violations, and measures to provide redress for rights that have been violated;
Amendment 118 #
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 contracts;
Amendment 132 #
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; considers that the use of services provided by local PMSCs in conflict countries and regions can have dire consequences which undermine both the Union’s external policies and the development objectives, providing cover for warlords, militias and illegal armed groups, such as organised crime;
Amendment 136 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes a growing confluence of interests between European political leaders who are seeking to militarise their borders and the main defence and security contractors who provide these services; our military-security-industrial complex is today stronger than ever, and is utilising technologies oriented towards external and internal considerations, and which at present are being directed against some of the most vulnerable and desperate people on earth;
Amendment 162 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reaffirms the urgent need to act in a continuous, effective and coherent manner at all levels, national, European and international, in order to effectively address the legal problems resulting from the extra-territorial dimension of companies and of their conduct, and the related uncertainty as to where the civil and/or criminal liability for human rights violations lies; notes that the use of PMSCs must be heavily regulated and controlled, and wholly rejects the use of private companies for military ends and in the area of security and defence;
Amendment 165 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls the different but complementary roles of states and companies with regard to human rights protection; recalls that states have a duty to protect everyone within their jurisdiction, including against human rights abuses committed by companies, even if they operate in third countries; strongly recalls that, where human rights abuses occur, the state in which the abuse occurs must guarantee that those affected have access to an effective remedy, and points out that the EU shares that duty with regard to areas of exclusive or shared competence; recognises that this means that the EU has an obligation to make its external relations conditional on third countries guaranteeing human rights and, in particular, effective remedy for people under their jurisdiction;
Amendment 181 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Demands that the Commission establish a black list of PMSCs who have failed to comply with the EU’s standards, human rights or the ICoC guidelines; considers that this list should be updated at intervals not exceeding two years;
Amendment 187 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Member States to take any appropriate steps to ensure, through judicial, administrative, legislative or other appropriate means, that when such human rights violations occur, those affected in third countries have access to an effective remedy in the territory where the infringing enterprise has its main seat within the EU, piercing the veil of the legal personality, when a corporation based in the EU holds, directs or controls companies that are responsible for human rights violations in third countries; takes the view that at all events joint and several liability should be established between contracting and subcontracting enterprises so that, regardless of the nationality of the subcontractor committing the illegal act, those affected can take action against the main company, whether in the country where the illegal act has been committed or in the main company’s country of origin (the country in which it has its seat); calls on the Member States to take appropriate steps to eliminate legal, practical and other relevant barriers that could lead to a denial of access to remedy and establish appropriate procedural means to enable those affected in third countries to have access to justice in both the civil and criminal courts;
Amendment 193 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that certainall human rights abuses can bare so serious that only judicial remedies, including criminal sanctions, are appropriate;
Amendment 199 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Human Rights Council to form a special committee to investigate the most serious crimes committed by PMSCs’ employees;
Amendment 203 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the International Criminal Court (ICC) to investigate grave human rights abuses committed by PMSCs’ employees when the relevant State Party to the Rome Statute of the ICC is unable or unwilling to investigate or prosecute;
Amendment 204 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Proposes the creation of a public agency to supervise the activity of European corporations, with the task of analysing, investigating and inspecting the practices of transnational corporations in third countries; its core task would be to investigate the activities of corporations in third countries, and complaints lodged by groups and organisations affected by the practices of European corporations in third countries; proposes that the Agency would make its conclusions public and present them to the European Parliament; proposes that this body would be responsible for awarding the product brand referred to in the previous paragraph;
Amendment 224 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission and Member States to respect the principle of development policy coherence in their foreign policies and explicitly to include it in all treaties signed by them, in keeping with international commitments undertaken in relation to human rights, decent working conditions, gender equality and environmental sustainability;
Amendment 229 #
17. Emphasises that such a framework should, as a minimum, impose clearly defined human rights obligations on PMSCs, including mandatory human rights training, 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 and of PMSCs, 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 231 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for the European Parliament not to approve any EU agreement on economic matters with a third country unless it includes the following clause: ‘Undertakings that invest in a third country shall have civil and criminal liability for crimes and infringements committed by them and by their directors, management and members of decision- making bodies – whether single-member or collegiate. This liability shall derive not only from the direct commission of an illegal act but also from complicity, collaboration, instigation, inducement and/or concealment of that act. It must be guaranteed that both the legal entity and the individuals committing the human rights violation can be prosecuted in the EU Member State of which they are nationals. Joint and several liability must at all events be established between contracting and subcontracting companies so that, regardless of the nationality of the main company or where appropriate the subcontractor that commits the illegal act, those affected can take action against the main company, whether in the country where the illegal act has been committed or in the main company’s country of origin (the country in which it has its seat)’;
Amendment 235 #
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 punishment of detainees and active participation in hostilities, except for self-; notes that the use of PMSCs must be heavily regulated and controlled, and wholly rejects the use of private companies for military ends and in the area of security and defence;