37 Amendments of Pierrette HERZBERGER-FOFANA related to 2023/2031(INI)
Amendment 1 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the ILO Convention 169 related to Indigenous and Tribal Peoples,
Amendment 3 #
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
– having regard to the Ten Principles of the United Nations Global Compact,
Amendment 4 #
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
– having regard to the Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at Work,
Amendment 5 #
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
– having regard to the Minamata Convention on Mercury,
Amendment 6 #
Motion for a resolution
Citation 5 e (new)
Citation 5 e (new)
– having regard to the Convention on Biological Diversity, in particular Decision COP VIII/28 - Voluntary guidelines on biodiversity-inclusive impact assessment,
Amendment 7 #
Motion for a resolution
Citation 5 f (new)
Citation 5 f (new)
– having regard to the UNEP Guidelines for Social Life Cycle Assessment of Products,
Amendment 8 #
Motion for a resolution
Citation 5 g (new)
Citation 5 g (new)
– having regard to EIB Eligibility, Excluded Activities and Excluded sectors list,
Amendment 17 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas according to the UNEP, the Artisanal and Small-scale Mining in Protected Areas and Critical Ecosystems (ASM-PACE) project estimates that ASM produces approximately 10 per cent of the word’s gold, 15-20 per cent of its diamonds, 20 to 25 per cent of its tin and tantalum and 80 per cent of coloured gemstones1a; _________________ 1a UNEP, ‘Mineral Resource Governance in the 21st Century. Gearing Extractive Industries Towards Sustainable Development’, p.81.
Amendment 18 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas informal, artisanal and small-scale mining (ASM) is a poverty- driven activity, which generally distinguished from large-scale or industrial mining by its relatively low levels of capital investment, mechanisation, recovery of minerals, high degree of labour intensity, informality, poor occupational health, safety and environmental standards;
Amendment 19 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas ASM often involves women, thereby increasing their vulnerability, due to the lack of access to, use of and control over resource-rich land and other productive resources and finance;
Amendment 25 #
Motion for a resolution
Recital D
Recital D
D. whereas the extractive industries can potentially play a crucial role in the development of many resource-rich developing countries, by providing public revenues from mining and mining-related operations, employment opportunities and infrastructure; yet extractive industry can be disruptive and lead to severe environmental degradation and disruption of social fabric, and in some cases, even unleashing political dynamics that result in the deterioration of governance and serious conflicts;
Amendment 32 #
Motion for a resolution
Recital E
Recital E
E. whereas the extractive industries can have severe negative social, economic, environmental and institutional impacts at local, national and global level; in particular, whereas it creates freshwater competition, especially for agriculture, and water contamination, which has severe and far-reaching impact on biodiversity and ecosystem services, notably fish habitats and populations located downstream of mines and the marine environment, on which people depend for their livelihoods;
Amendment 35 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Amendment 37 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the negative social and environmental impact of extractive industries risk to become more severe in the future, given the trend towards mining lower grade ores, which will lead to larger amounts of waste, as well as higher energy and water demands; whereas this is particularly worrying for marginalised and vulnerable people in developing countries, where the impacts of climate change already increases water scarcity; furthermore, as easily accessible reserves become depleted, exploration is moving to remote and often fragile areas, as in the case of deep-sea mining;
Amendment 39 #
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas an analysis of the World Bank states that 44% of all operational mines are located in forests, inducing a significant impact on deforestation, as well as on indigenous people and local communities that depend on forests for their livelihoods;
Amendment 40 #
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas the right to information, participation and remedy are internationally protected human rights enshrined in multilateral agreements, addressing environmental decision- making in particular, which are of particular importance in the case of mining;
Amendment 49 #
Motion for a resolution
Recital G
Recital G
G. whereas accelerating the efforts to address climate change and dealing with the rapidly rising demand for the raw materials indispensable to achieving the green and digital transitions should beraise both challenges and opportunityies for the extractive industries sector to become sustainable, considering that mining activities can lead to deforestation, loss of biodiversity, resulting from air, water and soil pollution, and waste mining, and for resource-rich developing countries to capitalise on this demand and attain economic and social development, while reducing their GHG emissions; , given that realising the full potential of the mining sector is fraught with many challenges, which includes among others: the “enclave” nature of the extractive industry, with few links to the local economy; the volatility in commodity prices; corruption and conflicting stakeholders interests;
Amendment 58 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas minerals are unevenly distributed across the globe, which has a huge impact on the Global South; whereas an analysis1a found that in 2019, 79% of global metal ore extraction originated from five of the six most species-rich biomes; _________________ 1a Luckeneder, S., Giljum, S., Schaffartzik, A., Maus, V., & Tost, M., ‘Surge in global metal mining threatens vulnerable ecosystems’. Global Environmental Change, V. 69, 2021.
Amendment 59 #
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas the Treaty of the High Seas adopted in June 2023 provides for a framework to protect the High Sea from the impacts of extractive industries and establishes the sharing of benefits from marine genetic resources between developed and developing countries; whereas the EU has pledged €40 million as part of a Global Ocean Programme in order to help developing countries in the implementation of the treaty;
Amendment 60 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the EU is the largest donor of development aid in the world; stresses, therefore, the importance of mainstreaming sustainable development principles across all EU external action, in particular in policies related to the extractive industries, in line with the EU’s legal obligation to ensure policy coherence for development; to this effect, stresses that the definition of mutually beneficial strategic partnership with third countries entails, in particular for low-income resource-rich countries, to breaking away from the enclave nature and extractivist model of the mining sector and to afford developing countries sufficient policy space to do so, including through the reform of the international trade and investment regime that constraints the use of the full range of policy instruments to achieve resource-based industrialisation at the local level;
Amendment 68 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. IPoints out that mining increases the risk of land grabbing, in a context where governments of developing countries often fail to recognise indigenous peoples and communities customary rights to the lands they inhabit; invites the Commission to strengthen its dialogue and cooperation with civil society organisations, local communities and indigenous peoples in developing countries affected by extractive industries, in order to promote their rights and ensure their meaningful and active participation in decision-making processes, particularly with regard to Global Gateway flagship projects; underlines that civil society actors should have formal representation on the governance board of the Global Gateway;
Amendment 77 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes the growing threat to food security resulting from Small-Scale Mining (ASM), which tend to coexist in rural areas, where both agriculture and artisanal and Small-Scale Mining (ASM) are key means of improving rural livelihoods; highlights equally the environmental and health risks associated with unregulated ASM activities and the fact that according to the UNEP, many ASM activities occur on global commons of forested lands in critical ecosystems that were not previously used; recalls that the “no-harm rule” is a duty imposed upon States, which requires to implement measures to prevent or otherwise minimise risks of environmental harm;
Amendment 80 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls that artisanal, informal and small-scale mining is a highly gendered activity; calls on the EU to support developing countries through financial support and capacity building programmes to formalize and regulate ASM activities, particularly those involving women; and to encourage the formation of women’s mining cooperatives and associations to improve women’s participation, bargaining power, work conditions and economic independence;
Amendment 83 #
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Calls for the Commission to put forward an EU Code of Conduct on Responsible Investment in Extractive Industries in Developing Countries for businesses and development finance institutions, in compliance with inter alia due diligence processes as defined by EU legislation, including OECD Guidelines for Multinational Enterprises, the UN Global Compact and the ISO 26000 standards, drafted with inputs from industry, as well as from civil society in developing countries and from representatives of indigenous communities; considers that the code should articulate clear commitments and tailored guiding principles for investment in developing countries; stresses that local consultation, local consent and local sustainable development should be the overarching objective of the code; believes that the code should cover, at a minimum, commitments on:
Amendment 86 #
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
a) stakeholder involvement; considers that where a third country has not legislated for mandatory CDAs, European businesses should implement them as a prerequisite for doing business; considers that the agreements should be negotiated with local communitieswith indigenous people and local communities, comply effectively with the principles of Free, Prior, and Informed Consent (FPIC) of Indigenous peoples and local communities, in line with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and ILO Convention 169 on Indigenous and Tribal Peoples, and should be made publicly accessible;
Amendment 103 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. UNotes with concern that for a majority of resource-rich developing countries, mining, oil or gas exploitation has not translated into broader-based economic, human and social development; underlines that addressing the ‘resource curse’ involves not only economic diversification, but also increasing third countries’ fiscal space to facilitate sustainable development; stresses that the EU should proactively encourage domestic resource mobilisation in partner countries, such as direct taxation, and enable the possibility to use export taxes on commodities, insofar as it is WTO- compatible; calls on the Commission and the Member States to commit to scaling up concessional finance in parallel to the Critical Raw Materials Act8 ; reiterates that the ceilings in Heading 6 of the multiannual financial framework (MFF) must be increased accordingly in the context of the upcoming MFF review; _________________ 8 Proposal of 16 March 2023 for a regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (COM(2023)0160).
Amendment 106 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that the impacts of mining can extend for years beyond closure of the mine itself, considering that mine waste are toxic, and therefore disruptive for the environment, biodiversity services and associated livelihoods;accordingly, calls for effective mineral resource governance throughout the life cycle of mining operations, which requires among others: - recognition of the rights of Free, Prior and Informed Consent (FPCI) of Indigenous People and Local Communities;their access to information for effective public participation in decision-making, and the insurance that persons exercising their rights are not penalised, persecuted or harassed; - full transparency of the mining sector in relation to revenues and contracts, in line with Extractive Industries Transparency Initiative (EITI) requirements, including regarding environmental transparency; - to addressing social impacts of mining and mitigating these, through an approach driven by an Avoid, Mitigate, Restore principle;
Amendment 111 #
6a. Notes with deep concern that if not managed and mitigated properly, increased demand for critical raw materials will lead to negative environmental and social impacts, particularly for sectors that show a strong dependence on ecosystem services (such as agriculture, nature-based tourism and fisheries); stresses the need to prioritise sustainability, efficiency and circularity at multilateral level and to reduce demand for virgin materials, notably to address the challenges of climate change, water stress and pollution and loss of biodiversity;
Amendment 115 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. CStresses the need to move away from a culture of extractivism to a resource governance system that takes into account i.e. the rate of depletion, the availability of substitutes, efficiency, recycling and the sustainability of consumption; calls for the EU to promote multi- stakeholder partnerships at regional and international level on this line;
Amendment 122 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reaffirms the urgent need for a UN binding treaty on business and human rights to regulate the activities of transnational corporations and other business enterprises, in line with with the United Nations “Protect, Respect and Remedy” Framework; asks, therefore, the Commission and the Member States to play an active role in the current negotiations on the instrument;
Amendment 129 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that land use conflicts can arise from the deployment of critical raw material projects, notably in developing countries, where forced eviction or relocation are common features of mining operations, which is a serious human rights violation, especially for indigenous people whose livelihoods are closely intertwined with the land and who derive much of their livelihoods from biodiversity services; calls for the compliance with FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, to avoid land-grabbing resulting from extractive industries;
Amendment 133 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines that deep-sea mining is likely to cause many adverse impacts on deep-sea ecosystems by increasing release of toxic substances and the agitation of sediments, which is a major concern for governments of small island developing countries that depend on marine life;
Amendment 134 #
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Recalls the need to prohibit environmentally damaging industrial extractive activities in marine protected areas, including mining, oil and gas and harmful industrial fishing techniques in line with the IUCN guidelines and the Kunming-Montreal Global Biodiversity Framework, in order to protect ecosystems and traditional activities of local communities;
Amendment 135 #
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Reiterates its support for a moratorium, including at the International Seabed Authority on deep- seabed mining until such time as the effects of deep-sea mining on the marine environment, biodiversity and human activities at sea have been studied and researched sufficiently and deep-seabed mining can be managed to ensure no marine biodiversity loss nor degradation of marine ecosystems; calls on the EU and its Member States to commit not to source minerals from the deep-seabed, to exclude such minerals from the EU supply chains, and not to finance deep- seabed mining activities;
Amendment 136 #
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Calls on the EU to provide developing countries financial support and technical assistance to developing countries to help them in implementing the Kunming-Montreal Global Biodiversity Framework and The United Nations High Seas Treaty;
Amendment 138 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks the Commission to use the 2023 review process of the Conflict Minerals Regulation as an opportunity to assess the impact of the regulation on the ground and the possibility to include further mandatory measures and cover other mineralsenlarge its scope to cover other minerals; notes that the conflict mineral regulation does not foresee any sanction and that this gap can be filled by the upcoming Corporate Sustainability Due Diligence Directive (CSDDD);
Amendment 142 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Council to sign the new Partnership Agreement between the EU and the members of the OACPS, as it provides a strengthened and modernised framework for cooperation with ACP countries, which contains specific references to the extractive industries; recalls, in this context, that sustainability entails compliance with due diligence processes, as defined by EU legislation and OECD Guidelines for Multinational Enterprises, as well as the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, where land tenure rights are concerned;