Activities of Ana GOMES related to 2017/2028(INI)
Shadow reports (1)
REPORT on corruption and human rights in third countries PDF (499 KB) DOC (97 KB)
Amendments (56)
Amendment 30 #
Motion for a resolution
Recital B
Recital B
B. whereas in many countries corruption not only constitutes a significant systemic obstacle to the realisation of all human rights, - civil, political, economic, social and cultural - but may also cause many human rights violations; whereas corruption is one of the most neglected causes of human rights violations of our times as it fuels injustice, inequality and deprivation, extremism and conflict;
Amendment 36 #
Motion for a resolution
Recital C
Recital C
C. whereas corruption, far from being an abstract crime, has specific negative impacts on the enjoyment of human rights affecting individuals, targeted groups or society at large, notably as regards financial and economic resources and the realisation of has specific negative repercussions on the environment and affects disproportionately the most disadvantaged and marginalised groups in society, namely by barring them from equal access to political participation, public services, justice, safety, land, jobs, education, health and housing; whereas corruption affects in particular progress towards ending discrimination, gender equality and women's empowerment, by limiting women's capacities to claim their rights; whereas corruption distorts the size and composition of government expenditure, seriously harming the state's capacity to harness to a maximum their available resources to fully realise economic, social and cultural rights, democracy and the rule of law;
Amendment 43 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas corruption, by threatening the consolidation of democracy and enforcement of human rights, remains a systematically overlooked catalyst of conflict in developing countries, leading to widespread violations of human rights, international humanitarian law and impunity of perpetrators; whereas the status quo of corruption and illicit enrichment in positions of state power has led to power-grabbing and perpetuation of kleptocrats in power, as well as to the creation of new militias and widespread violence;
Amendment 47 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas widespread corruption and impunity have also been overlooked as catalysts for nationalist, fascist and religious extremism, as populist movements denounce the corruption of powerful elites (often linked to Western countries) and disseminate the idea that public integrity can only be achievable through archaic, rigid and iniquitous practices; whereas these phenomena trigger the rise of extremist insurgencies and anti-democratic forces; whereas anti- corruption statements have been part of the political rhetoric of the Taliban in Afghanistan, ISIS in Iraq and Syria, Boko Haram in Nigeria, "Brexiters" in the United Kingdom and Front National in France, for instance;
Amendment 48 #
Motion for a resolution
Recital C c (new)
Recital C c (new)
C c. whereas sectarian violence may also be actively fostered by powerful elites to prevent a sense of unity in the population and unified efforts to counter the illegitimate plundering of natural resources;
Amendment 49 #
Motion for a resolution
Recital C d (new)
Recital C d (new)
C d. whereas corruption directly affects social programmes established to achieve the Sustainable Development Goals and improve the lives of vast sectors of the population, in particular those in need of basic services such as healthcare, education, and housing;
Amendment 59 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas according to the World Bank about 1 trillion dollars is paid each year in bribes around the world and the total economic loss from corruption is estimated to be many times that number;
Amendment 69 #
Motion for a resolution
Recital F
Recital F
F. whereas acts of corruption and human rights violations typically involve the misuse of power, lack of accountability and the institutionalisation of various forms of discrimination; whereas corruption shows strong correlation with deficiencies in the rule of law, and whereas corruption often undermines the effectiveness of the institutions and entities which are entrusted to ensure checks and balances and respect for democratic principles and human rights, such as parliaments, law enforcement authorities, the judiciary and civil society;
Amendment 74 #
Motion for a resolution
Recital G
Recital G
G. whereas practices such aslike electoral fraud, illicit funding of political parties or the perceived disproportionate influence of money in politics erode confidence and create social dissatisfaction inwith political parties, elected representatives and governments, thereby undermineing democratic legitimacy and may significantly weaken civil and political right, significantly weakening civil and political rights and preventing the achievement of the Sustainable Development Goals; whereas inadequate regulation and lack of transparency and monitoring of political financing create opportunities for criminals, private companies and corrupt networks to interfere in the conduct of public affairs; whereas corruption can also be used as a political instrument in order to target the reputation of politicians;
Amendment 82 #
Motion for a resolution
Recital H
Recital H
H. whereas corruption in the judicial sector breaches the principles of non- discrimination, access to justice and the right to a fair trial and to an effective remedy, which are instrumental in the enforcement of all other human rights, thereby disempowering citizens; whereas the absence of an independent judiciary and public administration fosters distrust in public institutions, undermining the rule of law and fuelling violence;
Amendment 87 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas it is difficult to measure corruption as it usually involves illegal practices that are deliberately covered up, although some mechanisms to identify, monitor, measure and combat corruption have been developed and implemented;
Amendment 89 #
Motion for a resolution
Recital I
Recital I
I. whereas strengthening the protection of human rights, and the principle of non-discrimination in particular, is a valuable instrument in combating corruption; whereas fighting corruption through criminal law and private law means taking repressive and remedial measures; whereas there is a direct link between the promotion and strengthening of human rights and corruption prevention;
Amendment 94 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas existing international obligations are good mechanisms to take appropriate and reasonable measures in order to prevent or punish corruption in public and private sectors, in particular under the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and other relevant human rights instruments;
Amendment 96 #
Motion for a resolution
Recital L
Recital L
L. whereas the judiciary, ombudsmen and national human rights institutions (NHRIs) may all play a vital role in addressing corruption and their potential can be boosted by close cooperation with national and international anti-corruption agencies;
Amendment 99 #
Motion for a resolution
Recital N
Recital N
N. whereas the absence of free media, both online and offline, creates favourable conditions for opaque practices to flourish; whereas the media plays an important role in investigating and exposing corruption and increasing public awareness oftowards the link between corruption and human rights violations; whereas defamation laws, such as the criminalisation of acts deemed "defamation", are in place in several countries, including Member States, thereby restricting freedom of speech and media and dissuading whistleblowers and journalists from denouncing corrupt activity;
Amendment 113 #
Motion for a resolution
Recital P
Recital P
P. whereas the fight against corruption should also include measures to eradicate tax havens, tax evasion and illegal capital flight as well as the schemes enabling them, as they preventhinder development, progress and, prosperity of countriesand accountability;
Amendment 117 #
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas EU Official development assistance (ODA) and humanitarian funds to third countries, including for emergency situations, need to be properly monitored with clear checks and balances in the beneficiary countries in order to prevent opportunities for corruption that may emerge;
Amendment 121 #
Motion for a resolution
Recital P b (new)
Recital P b (new)
P b. whereas development aid policies should be sensitive to the perceptions and aspirations to democracy and justice of the population of third countries, especially in kleptocratic and repressive regimes, where there is a greater risk that development funds become sources of "rent" captured by local kleptocratic networks, private companies and associations controlled by authorities and their associates, including via budget support;
Amendment 124 #
Motion for a resolution
Recital P c (new)
Recital P c (new)
P c. whereas addressing corruption requires concerted efforts to address both high level corruption and petty corruption in third countries and EU Member States, having regard, on a case by case basis, to the hierarchical patronage, reward systems and clientelism in the structures of power, which often link corruption crimes and impunity at the highest level to petty corruption directly affecting the lives of the population and their access to basic services;
Amendment 125 #
Motion for a resolution
Recital P d (new)
Recital P d (new)
P d. whereas corruption cannot be tackled without strong political commitment at the highest level, regardless of prowess, skill and willingness of national oversight and law enforcement bodies;
Amendment 129 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls for collective action to be taken at international level to prevent and combat corruption, given that corruption spreads across borders and that cooperation between countries and between regions needs to be encouraged; calls on States to actively engage within international fora to discuss and reach joint decisions on good practices and policies suited to the specific situation in each region, with a view to tackling corruption as an interlinked complex phenomenon obstructing political, economic and social development;
Amendment 138 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is concerned about the implementation and enforcement of the existing international anti-corruption instruments - such as the UN Convention against Corruption, the Council of Europe´s Criminal Law Convention on Corruption and the OECD Anti-Bribery Convention; calls on the signatory countries to apply them in full in order to better protect their citizens;
Amendment 141 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Is concerned over the harassment, threats, intimidation and reprisals suffered by members of civil society organisations, including anticorruption associations and human rights movements, journalists, bloggers and whistle-blowers that expose and denounce corruption cases; calls on the authorities to take all the necessary measures to guarantee their physical and psychological integrity and to ensure immediate, thorough and impartial investigations in order to bring those responsible to justice in accordance with international standards;
Amendment 144 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasiszes that States are bound to fulfil their human rights obligations; underlines that States are responsible for reacting to any negative impact of corruption occurring in their territory; recallin their jurisdiction; acknowledges the responsibilitiesy of business operators to respect human rights and tackle corruption; stresses the need to integrate a human rights perspective into anti-corruption strategies, in order to implement preventive policies relating to matters such as transparency, laws on access to public information, whistleblower protection and external controls;
Amendment 157 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the need to mainstream the principle of local and democratic ownership of projects financed under EU assistance programmes; highlights the need to establish and operationalise conditionality and incentives of EU external financial instruments based on anti-corruption norms and commitments made by partner countries; recalls the need for permanent monitoring of EU funded projects and holding recipient country authorities accountable if EU funds are not used appropriately and stresses the need to involve local CSOs and human rights defenders in monitoring the implementation of the contracts and their appropriateness with regards to the aspirations and rights of local populations; further emphasizes the need for any contractor receiving EU funds to fully disclose its beneficial ownership and corporate structure;
Amendment 162 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recommends that the EU and other international grant and loan providers conduct audits on grants, loans and assistance packages, and perform rigorous due diligence on recipient governments and organisations to avoid providing "rents" to kleptocratic authorities and organisations controlled by them and their associates; takes the view, in this context, that peer reviews should also be encouraged;
Amendment 167 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the EU to introduce an anti-corruption clause alongside human rights clauses in agreements with third countries that wshould allow forrequire monitoring, consultations, and, as a last resort, the imposition ofe sanctions or the suspension of such agreements in the eventcase of serious and/or systemic corruption that causes, or is directly linked to, serious human rights violations;
Amendment 171 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need to pay particular attention to the continuous and structured monitoring and evaluation of the effective implementation of the UNCAC byin EU Member States and countries with whom the EU has or is planning to have any agreement;
Amendment 172 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the EU to promote anti- corruption measures and effective mechanisms for public participation and public accountability - including the right to access to information and implementation of open data principles - in all relevant human rights dialogues and consultations with third countries and to finance projects that aim for the establishment, implementation and enforcement of these measures;
Amendment 177 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Welcomes persistent efforts under the Development Cooperation Instrument and the Neighbourhood Programming Instrument to establish and consolidate independent and effective anti-corruption institutions;
Amendment 178 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the European External Action Service (EEAS) and theEAS and the European Commission to devise joint programming on human rights and combatting corruption, in particular initiatives onfor improving transparency, fighting impunity and strengthening anti- corruption agencies; considers that these efforts should include supporting the capacity of NHRIsnational human rights institutions with proven record in independence and impartiality to act also in corruption cases, including through investigative capacity to establish links between corruption and human rights violations, cooperation with anti-corruption agencies and referrals to prosecution or law enforcement agencies;
Amendment 180 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Ccalls on the Commission and the EEAS to channel further funds to assist with enacting and implementing protection programmes targetingaddressed to civil society organisations’' members, including anti- corruption associations and human rights movements, journalists, bloggers and whistle-blowers that expose and denounce corruption cases and human rights violations; insists that any future update of the EU Gguidelines on Human Rights DefendersRDs, development aid or any guidance note on their implementation should makinclude explicit references to the protection of these peopleand measures to foster human rights protection and combat corruption; wWelcomes the European Commission’'s recently launched consultation process on whistle-blower protection; stresses that human rights focal points in EU delegations should also pay a special attention to these target groups and keep close contact with local CSOs and human rights defenders, ensuring their international visibility and protection, thereby also triggering safe channels for reporting wrongdoing;
Amendment 184 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that oversight bodies, local enforcement officers and prosecutors with a track record of independence and impartiality, as well as whistle-blowers and witnesses of specific cases shall all benefit from assistance and support from the EU through representations on the ground and by inviting them to participate in trainings in Europe; whenever appropriate, this support should be made public;
Amendment 187 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls on EU Delegations to make use of demarches and public diplomacy at local and international level to denounce cases of corruption and impunity, in particular when they lead to serious human rights violations; further calls on EU Delegations and Member States' embassies to include reports on corruption (be it systemic analysis or specific cases) in briefings to the EEAS and Member States;
Amendment 189 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recommends that the EEAS and EU dDelegations include a specific benchmark on the link between corruption and human rights in the Human Rights and Democracy Country Strategy Ppapers whenever appropriate; asks namely the EU to address corruption directly in programming and country strategy papers and link any budget support to third countries with concrete reforms towards transparency and other anti-corruption measures; calls on the EU to upgrade its support to help resource-rich countries implement the Extractive Industries Transparency Initiative (EITI) principles of greater transparency and accountability in the oil, gas and mining sectors; believes that the establishment of an effective legal framework to ensure the proper application of the EITI principles by the companies involved in the supply chains of the oil, gas and mining sectors is a crucial measure that should be fostered by the EU;
Amendment 191 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Reiterates its call for the Council to adopt targeted sanctions against the 32 Russian state officials responsible for the torture and murder of Russian whistleblower Sergei Magnitsky as soon as possible, such as an EU-wide visa ban and a freezing of the financial assets that they hold inside the European Union;
Amendment 192 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recommends that the European Endowment for Democracy and the EU´s comprehensive HRD´s mechanism (protectdefenders.eu) should focus specific programmes to protect anti- corruption activists who also contribute to upholding human rights;
Amendment 193 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages EU Member States to consider adopting legislation providing for the possibility of the freezing of assets and visa restrictions targeting individuals who have been involved in serious human rights violations against other individualsFurther reiterates its call on the Council of Member States to adopt legislation which would establish a clear criteria allowing for black listing and imposition of targeted sanctions against third country individuals, and their family members, responsible for, or complicit in, or responsible for ordering, controlling or otherwise directing, acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of ill-gotten assets to foreign jurisdictions; stresses that criteria of inclusion on the list should be built up on the basis of well-documented, converging and independent sources and convincing evidence, allowing for mechanisms of redress for those targeted; highlights the importance of the publicity of this list to feed into the information needed by obliged entities to perform customer due diligence under the EU Anti-money Laundering Directive (Directive(EU) 2015/849 of 20 May 2015);
Amendment 197 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the EEAS to lead on the formation of task forces between Member States' embassies and EU Delegations in third countries, through which diplomatic officials can analyse and share information on the structure and operation of local corrupt networks to the highest level of power and build enough intelligence to prevent the collusion of the EU with kleptocratic regimes; takes the view that this kind of intelligence should focus on favourite revenue streams, levers of local power captured, the vertical and hierarchical integration, crucial enablers and intermediaries, active GONGOs (government-organised non-governmental organisations), any information on opaque corporate structures and contractors benefitting from EU funds and their links with prominently corrupt actors; believes that such information should be conveyed to EU institutions through diplomatic and safe channels, in order to be mainstreamed in policy- making, namely in development aid programmes, human rights objectives and broader external policy towards the country/region; believes that building intelligence is the only way to avoid flawed cooperation, conflict prevention and development assistance by the EU and Member States vis-a-vis third countries which, in the end, does not reach those in need and is perceived by local population as abetting to corruption, injustice and impunity;
Amendment 199 #
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Development of EU intelligence on corruption networks and intermediaries
Amendment 200 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Suggests, additionally, that EU Delegations and Member States' embassies foster close contacts with the local population, namely through regular dialogue with genuine and independent civil society organisations, journalists and human rights defenders, in order to gather reliable information on local corruption, crucial enablers and officials captured;
Amendment 202 #
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10 c. Takes the view that corporations should also report to EU bodies whenever they are asked for bribes and/or required to invest in third countries using local intermediaries or shell companies as partners;
Amendment 203 #
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10 d. Stresses that, in light of the information gathered, country-specific guidelines should be shared with civil and military deployments and EU donor agencies to raise awareness on the risks involved in dealing with local contractors, private security companies and service providers, whose beneficial owners might be linked with human rights violations and corrupt networks;
Amendment 204 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is convinced that an ambitious anti-corruption policy in EU external relations is only credible if underpinned by an effective anti-corruption strategy within the EUBelieves that the EU can only become a credible and influential leader in the fight against corruption if it addresses the problems of organised crime, corruption and money laundering within its own borders in an adequate manner; regrets in this context that the European Commission decided not to follow up its 2014 EU aAnti-corruption report, which would have also reinforced the EU’'s credibility to promote an ambitious anti- corruption agenda in its external policies; stresses that the European Commission and other EU institutions should undertake regular, ambitious and rigorous reporting and self-assessment in line with the provisions of the UN Convention against Corruption and invites the Commission to present further policy and legislative initiatives to combat corruption and push for greater integrity and transparency in Member States;
Amendment 211 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Reiterates its request to Member States to amend their criminal laws, where necessary, to establish jurisdiction of national prosecutors and courts to investigate and try crimes of bribery or embezzlement of public funds, regardless of where the crime occurred, as long as the proceeds of those criminal activities are found in the Member State in question or have been laundered there, or the person has a 'close connection' with the Member State, namely through citizenship, residence or beneficial ownership of a company headquartered or with subsidiaries in the Member State;
Amendment 213 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the need to step up national and international communication and awareness-raising campaigns targeting citizens participation in order to highlight the fact that corruption has negative impact on human rights and leads among others to social inequalities, lack of social justice and increased levels of poverty; stresses that education is key in building strong individuals in our society based on respect for the rule of law;
Amendment 224 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on the EU to continue supporting anti-corruption institutions established in third countries with proven track of independence and impartiality with initiatives to share information, exchange best practices and enhance capacity building; urges these countries to provide the institutions with all the necessary tools, including the investigating power, in order to be effective in their work.
Amendment 231 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Encourages all EU Member States to fully implement the UN Guiding Principles on business and human rights and to include specific commitments on anti-corruption measures in their national action plan on human rights (as required under the EU´s Action Plan on Human Rights and Democracy) or to enact specific anti-bribery legislation;
Amendment 236 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Renews its call to all states including the EU to engage actively and constructively in the on-going work of the UN´s open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights with the view to reach a legally binding instrument in order to prevent, investigate, redress and have access to remedy when human rights violations, including those as a result of corruption, occur;
Amendment 241 #
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Recommends that the EU steps up support to international instruments to increase transparency in economic sectors most prone to human rights abuses and corruption;
Amendment 247 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes with concern that electoral fraud and corruption linked to electoral processes and the functioning of elected representative bodies and assemblies seriously undermine trust in democratic institutions and weaken civil and political rights by preventing equal and fair representation; notes the positive role of the election observation missions and support to electoral law reform; encourages further cooperation with specialized international bodies such as the Council of Europe or the OSCE in this field;
Amendment 252 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines the specific need to uphold the highest possible ethical standards and transparency in the functioning of international organisations and regional assemblies in charge of protecting and promoting democracy, human rights and the rule of law; underlines the need to promote transparent practices by elaborating codes of conduct and specific transparency measures to prevent and investigate any fraud or misconduct;
Amendment 268 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Recalls the EU's responsibility in combatting tax dodging by transnational corporations and individuals and in addressing the scourge of illicit financial flows from developing countries which greatly hamper their ability to harness sufficient resources to fulfil human rights obligations;
Amendment 270 #
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Reiterates that the EU has a duty to help third countries to repatriate ill- gotten assets stashed in our financial system and real estate and prosecute perpetrators, enablers and intermediaries; urges the EU to prioritise this issue of great relevance in third countries going through democratisation processes, namely by addressing legal barriers and the lack of willingness to cooperate from financial centres within the EU, which often maintain an unresponsive and inefficient mutual legal assistance regime; stresses, in this regard the importance of de-linking seizure of assets from conviction in the requesting state for the purposes of providing mutual legal assistance and proceeding with prosecutions, where sufficient evidence of wrongdoing exists;
Amendment 273 #
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Stresses that the EU must promote the fight against tax havens, banking secrecy and money laundering, the lifting of excessive professional secrecy, the achievement of public country-by-country reporting for all multinational enterprises, and public registries of beneficial owners of companies as a priority in all relevant international fora; points out that most of the tools to fight tax avoidance and evasion are suitable to combat corruption and money laundering;
Amendment 280 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the great importance of media, both offnline and onffline, in the fight against corruption and in denouncing human rights violations; calls on the Commission to address and counter the possible negative impact of defamation laws in third countries and reiterates its call on all Member States to decriminalise defamation and merely use civil lawsuits as means to protect one's reputation; underlines that digital security is an important element ofor the protection of the activists; highly recommends that the transparency of media ownership and sponsorship be ensured through legal proceedingsnational legislation;