Activities of Francisco ASSIS related to 2015/2315(INI)
Plenary speeches (1)
Corporate liability for serious human rights abuses in third countries (short presentation) PT
Shadow reports (1)
REPORT on corporate liability for serious human rights abuses in third countries PDF (302 KB) DOC (111 KB)
Amendments (25)
Amendment 21 #
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
Amendment 25 #
Motion for a resolution
Citation 14
Citation 14
– having regard to the Commission Green Paper entitled ‘Promoting a European framework's Communication COM(2011)681 on a renewed EU strategy 2011-2014 for cCorporate sSocial rResponsibility’7 and the definition of corporate social responsibility contained therein, __________________ 7 COM(2001)0366. COM(2001)0366.
Amendment 45 #
Motion for a resolution
Recital D
Recital D
D. whereas corporations are one of the major players in economic globalisation, financial services and international trade and are required to comply with all applicable laws and to respect human rights;
Amendment 60 #
Motion for a resolution
Recital F
Recital F
F. whereas there is a serious and concrete risk of some corporate practices resulting in forced labour, and sexual and child exploitation;
Amendment 67 #
Motion for a resolution
Recital G
Recital G
G. whereas a significant number of corporations operating in third countries are based in Europe, are owned by European corporations, have assets or goods in Europe or control other corporations in Europe; whereas there is a practice whereby European corporations outsource activities to local suppliers or use goods or services in their production chains that have been produced or provided by other corporations in countries where human rights standards are lower or enforcement and victim protection are legally or factually lacking;
Amendment 73 #
Motion for a resolution
Recital H
Recital H
H. whereas, where human rights are breached, appropriate and effective remedies are required; whereas a fairer and more effective remedies system is needed under both domestic and international law to deal with human rights violations committed by business enterprises;
Amendment 96 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the adoption of the UNGPs and calls for the implementation of those Principles on Business and Human Rights and other international corporate responsibility standards to be consistently raised by EU representatives in Human Rights Dialogues with third countries; emphasises that the UNGPs were agreed unanimously in the UN with the full support of EU Member States, the ILO and the International Chamber of Commerce, including support for the concept of a ‘smart mix’ of regulatory and voluntary action;
Amendment 105 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on companies to integrate the findings of theircarry out human rights due diligence processeand integrate their findings into policies and procedures, with resources and authority assigned accordingly, and to communicate their commitment and actions externally, in order to identify, prevent and mitigate any negative human rights impact of their activities;
Amendment 113 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises the major importance of CSR and welcomes the growing use of instruments based on CSR and the self- commitment by corporations; strongly emphasises, however, that avoiding violations ofrespecting human rights is not a matter of charity or something to be done on a voluntary basis but a legal obligation on enterprises and their management, wherever they may act and whatever their size or industrial sector;
Amendment 131 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the different but complementary roles of states and companies with regard to human rights protection; recalls that states have a duty to protect everyone within their jurisdiction, even if they operate in third countries, including against human rights abuses committed by companies, even if they operate in third countries; strongly recalls that, where human rights abuses occur, the victims’ states must grant them access to an effective remedy, and points out that the EU shares that duty with regard to areas of exclusive or shared competence;
Amendment 151 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the EU and EU Member States to implement the UNGPs swiftly and robustly in all areas falling under their respective competence, including by developing National Action Plans; deplores that, notwithstanding the Commission’s 20011 CSR communication, only a few EU Member States have adopted CSR statements or policies that mention hpublished their plans on business and human rights and the EU has not published its plan; invites EU Member States to develop or review National Action Plans in line with the guidance provided by the UN Working Group on Business and Human rRights or have published their plans on business and human right; calls for these plans to be developed on the basis of baseline assessments that identify gaps in laws, policies and practice and through meaningful stakeholder participation; calls on the Commission and EU Member States to establish a mechanism to monitor the implementation of these plans and assess their effectiveness;
Amendment 155 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the Member States to legislate in a coherent, holistic, effective and binding manner in order to meet their duty to prevent, investigate, punish and redress human rights violations by corporations acting under their jurisdiction, including those perpetrated in third countries, directly or indirectly, by corporations acting under their jurisdiction;
Amendment 161 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EU Member States to lay down clear requirements as to the fact that companies domiciled in their territory and/or jurisdiction must respect human rights throughout their operations, in every country and context in which they operate; considers that they should ensure that they have systems in place to assess risks and mitigate potential negative impacts related to human rights, labour, environmental protection and disaster-related aspects of their operations and value chains, and periodically assess the adequacy of such laws and address any shortcomings;
Amendment 163 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that recent legislative developments at national level, like the UK Modern Slavery Act Transparency in Supply Chains Clause and the French Bill on duty of care represent important steps towards mandatory human rights due diligence, and that the EU has already taken such steps in this direction (EU Timber Regulation, EU Non- Financial Reporting Directive, EC Proposal for a Conflict Minerals Regulation); calls on the Commission and Member States to build on these improvements and to keep moving towards the introduction of mandatory human rights due diligence;
Amendment 165 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Stresses that mandatory human rights due diligence should follow the steps required in the UNGPs (identify, prevent/mitigate, remedy and account for). It should furthermore be guided by certain overarching principles related to the proactive identification of risks to human rights, the elaboration of rigorous and demonstrable action plans to prevent or mitigate these risks, adequate response to known abuses, and transparency; stresses that consultation with relevant actors should be ensured at all stages as well as disclosure of all relevant project or investment-specific information to affected stakeholders;
Amendment 174 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EU and EU Member States to compel companies that use raw materials or commodities that might originate in conflict- affected areas (for example,to carry out supply chain due diligence with the objective to prevent human rights abuses and avoid contributing to conflict through their mineral sourcing practices; in particular calls on the Commission and EU Member States to support in the current legislative procedure on so- called conflict minerals) to disclose their sourcing and use of such materials; mandatory supply chain due diligence requirements for companies throughout the minerals supply chain based on the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas8a; __________________ 8a https://www.oecd.org/corporate/mne/Guid anceEdition2.pdf
Amendment 181 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes note with satisfaction that, as a result of the revision of the existing Accounting Directives 2014/95/EU regarding the disclosure of non-financial and diversity information, large companies and groups will be required, as from 2017, to disclose information on policies, risks and results as regards their respect for human rights and related issues; urges the EU Member States to implement the Revised Accounting Directive by 6 December 2016transpose the Directive into national laws that are clear and comprehensive, requiring a wide range of companies within their jurisdiction to report on their human rights risks and impacts and due diligence procedures in accordance with international standards; calls on the Member States to include robust monitoring and enforcement mechanisms to ensure that companies are complying with the reporting requirements;
Amendment 194 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the EU Member States to take any appropriate steps to ensure, through judicial, administrative, legislative or other appropriate means, that when such human rights violations occur, those affected have access to an effective remedy, piercing the veil of the legal personality, when a corporation based in the EU holds, directs or controls companies that are responsible for human rights violations in third countries; calls on the EU Member States to take appropriate steps to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy;
Amendment 196 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that collective redress mechanismsalls on the EU and EU Member States to tackle financial and procedural burdens in civil litigation; considers that collective redress mechanisms including for non-EU claimants for abuses committed outside of the EU could potentially decrease the costs of litigation for victims of human rights infringements; welcomes the recommendation on collective redress adopted by the Commission9 and regrets that only a few EU Member States have complied with it; urges all EU Member States to comply with this recommendation; __________________ 9calls for common standards to allow associations to bring claims on behalf of alleged victims including for non-EU claimants for abuses committed outside of the EU; __________________ 9 OJ L 201, 26.7.2013, p. 60. OJ L 201, 26.7.2013, p. 60.
Amendment 217 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. SRecalls the necessity to assess the possible human rights impacts of trade and investment agreements and to incorporate on this basis all the needed human rights clauses and safeguards able to mitigate and address identified risks of human rights impacts; urges to introduce in those agreements binding and enforceable clauses for all the stakeholders (namely the EU, the states and the business enterprises) to respect international human rights law and standards and to set up monitoring, and remedies mechanisms able to efficiently prevent or deal with the human rights impacts of those agreements; strongly calls for the systematic inclusion in trade and investment agreements of rules on corporate liability for violations of human rights, to be implemented at national level, and of references to internationally recognised principles and guidelines; and also calls for a follow-up mechanism to also be included, to seek to operationalize this commitment;
Amendment 234 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the establishment of a necessity forum (forum necessitatis), or any other similar mechanism, which would allow claims to be brought before the courts of the EU Member States in situations where there would be a risk of denial of justice if no access to court were foreseen in the EU, where proceedings proved impossible in a third country, or where an applicant could not reasonably be expected to initiate or conduct proceedings in that state and the dispute had a sufficient connection with the EU Member State of the court seized;
Amendment 243 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls that, when human rights violations are perpetrated by corporations, this action often involves personal criminal liability and calls for those responsible for such crimes to be prosecuted at whatever level; calls on Member States to address legal, procedural and practical obstacles that prevent prosecution authorities from investigating and prosecuting EU companies and their representatives involved in crimes linked to human rights abuses;
Amendment 248 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recommends the creation of an ‘abuse- free’ product brand at EU level, participation in which would be on a voluntary basis, monitored by an independent body governed by strict rules and endowed with powers of inspection, devoted to verifying and certifying that no abuse has been committed at any stage in the chain of production of the relevant good; recommends that the products that achieve this "abuse-free" label be given special tax exemptions and benefits;
Amendment 252 #
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Strongly calls on the Commission to launch a Europe wide campaign, introducing and promoting the "abuse- free" label, urging the European consumers to opt for the use of the products and companies that achieve this label and also calling on all corporations and businesses to adopt the best practices regarding their respect for human rights and related issues;
Amendment 257 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Instructs its President to forward this report to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for Human Rights, and the EEAS.