Activities of Saskia BRICMONT related to 2018/0358(NLE)
Shadow reports (1)
RECOMMENDATION on the draft Council decision on the conclusion, on behalf of the Union, of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part
Amendments (8)
Amendment 1 #
Draft legislative resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Treaty on European Union (TEU), and in particular Title V thereof on the Union’s external action, especially the 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 2 #
Draft legislative resolution
Citation 7 b (new)
Citation 7 b (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 where the Parliament “reiterates its strong call 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; sees a need, moreover, for 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 for ex post monitoring mechanisms that enable tangible action to be taken in response to infringements of these clauses, such as appropriate sanctions as stipulated in the human rights clauses of the agreement, including (temporary) suspension of the agreement”;
Amendment 3 #
Draft legislative resolution
Citation 7 c (new)
Citation 7 c (new)
- having regard to the Council Conclusions on Business and Human Rights of 20 June 2016 that stipulates that “the EU recognises that corporate respect for human rights and its embedding in corporate operations and value and supply chains is indispensable to sustainable development. and achieving the SDGs. All partnerships in implementing the SDGs should be built on respect for human rights and responsible business conduct” and that “The Council encourages EU companies to establish operational-level grievance mechanisms, or create joint grievance initiatives between companies” ;
Amendment 4 #
Draft legislative resolution
Recital A (new)
Recital A (new)
A. whereas 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 5 #
Draft legislative resolution
Recital B (new)
Recital B (new)
B. whereas the European Parliament deplores that due diligence is left aside of the Agreement despite previous demands from both the Parliament and the Council, notably in terms of “access to effective remedies for victims of business- related human rights abuses [that] is of crucial importance, especially when the independence and access to judiciary in the economic partner is worrisome;
Amendment 6 #
Draft legislative resolution
Recital C (new)
Recital C (new)
C. whereas third parties such as labour and environmental organisations can contribute to ICS proceedings through amicus curiae briefs but without proper legal standing in front of the tribunal; underlines that the investment court still constitutes a separate system for foreign investors only; demands that investor rights should be balanced by an equivalent legal mechanism accessible by trade unions and other stakeholders to enforce the investors obligations;
Amendment 7 #
Draft legislative resolution
Recital D (new)
Recital D (new)
D. whereas provisions on investors’ obligations, including binding corporate social responsibility are lacking in the IPA
Amendment 8 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. GiveWithholds its consent to the conclusion of the agreementuntil the Investment Protection Agreement is completed by the addition of an independent monitoring mechanism as well as a grievance mechanism;