Activities of Raphaël GLUCKSMANN related to 2021/2204(INI)
Shadow reports (1)
REPORT on the EU Guidelines on Human Rights Defenders
Amendments (23)
Amendment 3 #
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
— having regard to its recommendation of 17February 2022 to the Council and the Vice-President of the Commission/High-Representative of the Union for Foreign Affairs and Security Policy concerning corruption and human rights,
Amendment 4 #
Motion for a resolution
Citation 20 b (new)
Citation 20 b (new)
— having regard to its resolution of 28 September 2022 on the outcome of the Commission’s review of the 15-point action plan on trade and sustainable development,
Amendment 13 #
Motion for a resolution
Recital D
Recital D
D. whereas the EU has developed a wide range of instruments to support HRDs, from coordination tools to financial aid; whereas the European Instrument for Democracy and Human Rights (EIDHR) was previously the main EU financial instrument used to support HRDs, including through both emergency grants and the EU’s HRD protection mechanism, ProtectDefenders.eu; whereas the EIDHR has been replaced by a thematic programme on human rights and democracy as part of the Global Europe: Neighbourhood, Development and International Cooperation Instrument (NDICI); whereas the EP has called for greater transparency regarding human rights provisions in financing agreements under the NDICI and clarification on the mechanism and criteria for suspending such agreements in the event of a breach of human rights, democracy principle and the rule of law;
Amendment 19 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the European Commission’s Trade and Sustainable Development (TSD) review foresees an increased monitoring of the TSD commitments in trade agreements, a strengthened role for civil society, and the strengthening of enforcement of trade agreements by means of trade sanctions;
Amendment 21 #
Motion for a resolution
Recital G
Recital G
G. whereas the new EU global human rights sanctions regime allows the EU to target serious human rights violations and abuses worldwide; whereas the European Commission has announced its extension to include targeted sanctions for corruption crimes;
Amendment 25 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas human rights defenders are increasingly targeted worldwide by abusive lawsuits brought forward by powerful actors such as companies or public officials in their private capacity, in order to censor their work, silence and harass them; whereas these so-called Strategic lawsuits against public participation (SLAPPs) have seen a significant increase worldwide and risk having a severe ‘chilling effect’ on those seeking to exercise their rights freely;
Amendment 26 #
Motion for a resolution
Recital H b (new)
Recital H b (new)
H b. whereas human rights defenders are increasingly targeted on the territories of Member States, where they have found shelter or asylum, by authoritarian regimes, through the latter's embassies, diplomatic missions and staff, law enforcement officials and other proxies operating to intimidate and threaten human rights defenders; whereas this illegal transnational repressive mechanism violates the territorial integrity of EU Member States and threatens their sovereignty;
Amendment 48 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for the EU to put its ambitious rhetoric and HRD policy framework into practice through concrete and effective action, in particular in its relations with authoritarian regimes and in places where the EU and the Member States have substantial commercial, energy, security, migratory and other interests;
Amendment 49 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the Guidelines to be linked to the EU global human rights sanctions regime extended to corruption abuses, and for systematic attacks on HRDs to lead to listing, including those involved in anti- corruption activities, to lead to listing of individuals and entities responsible under this regime;
Amendment 60 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets, however, the fact that, due to the voluntarist nature of the Guidelines, the intensity and quality of EU delegations’ engagement with and on HRDs vary considerably from country to country and are in practice largely dependent on the local political context or the individual dedication and political will of the specific EU ambassador or staff in question, or of the officials at the EEAS and Commission headquarters; calls for greater consistency and a strategic overall approach in this regard and for a firm personal commitment by the VP/HR to ensuring the consistent implementation of the Guidelines across all delegations, particularly in the countries where HRDs are most at risk; calls for qualitative and quantitative indicators related to the implementation of the Guidelines and engagement with HRDs to be included in performance review mechanisms of EU delegations and staff;
Amendment 70 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the regular training on human rights, including on HRD policy, for staff members working as focal points in both the political and cooperation sections of EU delegations; is, however, concerned by reports that awareness and knowledge of the Guidelines remain inadequate; calls for this training to be expanded and made mandatory in order to ensure harmonisation between EU delegations;
Amendment 96 #
Motion for a resolution
Paragraph 18 – indent 5
Paragraph 18 – indent 5
- the systematic challenging of laws that criminalise or restrict the legitimate work of HRDs, and/or are frequently used to harass and intimidate HRDs, including through strategic law suits against public participation (SLAPPs);
Amendment 97 #
Motion for a resolution
Paragraph 18 – indent 7
Paragraph 18 – indent 7
- assistance to develop independent mechanisms to investigate complaints of threats or violations against HRDs and prosecute those responsible in a prompt and effective manner;
Amendment 124 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the EEAS, the Commission and the Member States to address the threats against and attacks on HRDs by non-governmental actors, including businesses or groups mandated by them, criminal groups and local communities, as well as threats in conflict and transition settings; underlines that it is always the state’s responsibility to ensure the safety of HRDs and their ability to work in an enabling environment, including when the threats and reprisals come from non-state actors; urges the EU to integrate violence against HRDs into its crisis management policy and provide an effective protection response to HRDs in need of relocation in crisis situations;
Amendment 130 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the EEAS, the Commission and the Member States to prioritise the fight against the misuse of surveillance technology to undermine the work of HRDs, particularly through the development of robust national and international legislation and, in the immediate future, the adoption of a global moratorium on the sale and; calls for the EU and its Member States to ensure effective human rights due diligence and proper vetting of any exports or transfers of suchEuropean surveillance technology;
Amendment 134 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Believes that, in the light of the large and growing number of threats and attacks faced by HRDs who raise concerns about the adverse human rights impacts of business operations, the EU should coherently integrate the promotion and protection of the rights of HRDs, particularly trade union representatives and defenders of land, indigenous peoples’ rights and the environment, into its corporate sustainability due diligence directive, and its trade agreements and instruments, such as the Generalised Scheme of Preferences (GSP);
Amendment 137 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Underlines the role of the Domestic Advisory Groups(DAGs) in the monitoring of TSD commitments in trade agreements; is concerned about reports that Human Rights and Environmental Rights Defenders have been barred from joining DAGs by governments of preferential trade partners; calls for sufficient financial resources and technical assistance to be allocated to DAGs to enable them to properly carry out their tasks;
Amendment 138 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Stresses that attacks on and harassment of HRDs by public authorities of GSP beneficiaries must be taken into account when assessing compliance with the obligations imposed by the Scheme and therefore when deciding on the continuation of trade preferences;
Amendment 139 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the EU to align its HRD strategies with the UN Guiding Principles on Business and Human Rights; underlines that EU delegations and Member States should prioritise engaging with the business community, and particularly European companies and their subsidiaries abroad, in order to protect HRDs working on land, extraction and, manufacturing concerns and monitor and otheir operations, especially in situationsectors involving a high risk or numerous reports of human rights violations relating toand to monitor their operations; insists that EU delegations should facilitate and support their activitiecession of HRDs to judicial remedy in the EU for violation of their rights;
Amendment 143 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to ensure that criteria concerning violations against HRDs working on business and labour isks of reprisals and retaliation and other risks concerning violations against HRDs are included in the risks identification and assues are included among the indicators for due diligence risk assessmentssment phase of companies in their due diligence process; calls on the Commission to ensure that companies systematically engage with HRDs and guarantee their safe participation;
Amendment 145 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Highlights the increasing phenomenon of transnational threats against HRDs by their national authorities or proxies, including in Member States; calls on the Commission and the Member States to identify and tackle these threats within the EU as a priority and as an integral aspect of the Guidelines; urges the Commission and the Member States to provide foreign HRDs residing in the EU with adequate financial and other means to enable them to continue their human rights work remotely; , including trainings and programs on cybersecurity and cyber harassment, to protect them from transnational threats and enable them to continue their human rights work remotely; calls for increased training and resources to be provided to law enforcement authorities in the EU to facilitate reporting, investigations and attribution of these transnational attacks, as well as sanction of those responsible; underlines that officials and agents of authoritarian third countries harassing HRDs in the EU, as well as local enablers - individuals or entities - should be summoned, exposed and sanctioned;
Amendment 183 #
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Calls for the revised Guidelines to address the persisting impunity for human rights violations committed against human rights defenders and to promote the duty to investigate promptly, thoroughly and effectively allegations of violations by State and non-State actors, based on the regulatory framework on the right to access to justice, including due diligence in investigations by the UN Special Rapporteur on the situation of human rights defenders;
Amendment 197 #
Motion for a resolution
Paragraph 52
Paragraph 52
52. Calls on the EEAS and the Commission to systematically consult civil society representatives and HRDs prior to any human rights dialogue, for the consultation to be genuine, and for these interlocutors to be debriefed thereafterccessible and inclusive, before EU positions are formulated, and for these interlocutors to be debriefed thereafter; calls for more detailed, transparent information on dialogues agendas, content and benchmarks for civil society to be able to contribute with input and comments on progress, and for parliamentary oversight to be carried out adequately; reiterates the need for a systematic and firm EU response to any act of reprisal against HRDs that occurs after they have attended EU events or that is connected to contact with EU interlocutors;