4 Amendments of Florent MARCELLESI related to 2018/0358M(NLE)
Amendment 2 #
Draft opinion
Paragraph 1
Paragraph 1
1. Expresses regret atDeplores the flact that nok of a human rights impact assessment was carried out by the EU prior to the launching of negotiations; reaffirms in the strongest possible terms that the parties to the Investment Protection Agreement (IPA) and the particularly 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; recalls that the European Ombudsman, as well as the European Parliament in its urgency resolutions of 9 June 2016, 14 December 2017 and 15 November 2018, notify serious concerns regarding the protection of the human rights in Vietnam especially in relation to freedom of expression, assembly and association, religious freedom, and as regards detention of human rights activists and violence against women; reaffirms in the strongest terms that the parties to the IPA as well as investors protected by it must abide bythe IPA must respect all international human rights standards and obligations, in addition to those arising from domestic laws; calls on the European Commission to carry out independent human rights impact assessments and undertakeconduct prior consultation with the individuals and communities which couldo may be affected by trade and investment agreements before signature and ratification of EU-Vietnam IPA agreement and the conclusion of future agreements;
Amendment 3 #
Draft opinion
Paragraph 2
Paragraph 2
2. Notes with concern that the protections afforded to investors are outpacing the development of investor responsibilities; underl as EU-Vietnam IPA guarantees enforceable rights to foreign investors, through the arbitration clause, but does not provide a mechanism for sanction for non- compliance with social and environmental standards; reiterates the need to give primacy for human rights and to social and environmental standards over the rights of inves,tors; underlines in this regard, the importance of an independent monitoring and complaint mechanism that can be utilised by theseized by affected populations affected and that has the authority to provide formake binding rulings with regard to the negative impact ofthat trade and investments agreements may have on human rights;, including through sanctions; further calls foron the EU and Vietnam to take a leading role in addressing this issue at at multilateral level, by taking an active part in UN through active participation in negotiations at the UN for a legally binding instrument to regulate, in international human rights law, the activities of multitransnational corporations and other business enterprises;, which ensures access to justice for victims of human rights violations and provide mechanisms for redress and accountability for the communities affected.
Amendment 6 #
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that Vietnam is a developing country; emphasisunderlines that in order to help contribute to reachieveng the Sustainable Development Goals, notablyin particular SDG 1 on poverty eradication, SDG 8 on decent work and SDG 10 on reduced inequalities, investment must serve to fostercontribute to the creation of quality jobs, support the local economiesy, family farming, and fully respect domestic regulations, including tax requirements;
Amendment 7 #
Draft opinion
Paragraph 7
Paragraph 7