Activities of Renate WEBER related to 2015/2315(INI)
Shadow reports (1)
REPORT on corporate liability for serious human rights abuses in third countries PDF (302 KB) DOC (111 KB)
Amendments (41)
Amendment 56 #
Motion for a resolution
Recital F
Recital F
Amendment 63 #
Motion for a resolution
Recital G
Recital G
G. whereas a significant number of corporations operating in third countriesmany internationally active corporations have substantial business operations or are based in Europe, arnd/or may be 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 globalisation and the development of technology has led to increasingly glocbal suppliers or use goods or services iny chains, meaning that their production chains that have been produced or provided by other corporations in countries where human rights standards are lowerprocesses increasingly take place in many different countries and therefore jurisdictions, with different legal systems, different levels of human rights protections and standards and different levels orf enforcement and victim protection are legally or factually lacking;
Amendment 66 #
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 supply and 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 70 #
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 domestic law to deal with human rights violations committed by business enterpriss require appropriate and effective remedies;
Amendment 74 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas a holistic approach to the way in which corporations abide by human rights standards globally is still lacking, and that this is allowing certain states and companies to circumvent such rules;
Amendment 81 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is deeply concerned at the human rights violations committedNotes that increasing globalisation and internationalisation of business activities and supply chains creates a situation in which international norms, rules and cooperation are crucial to avoid the human rights abuses in third countries by corporations and business enterprises;
Amendment 84 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is deeply concerned at the human rights violations committed in third countries by corporations and business enterprises; reminds corporate actors of their responsibility to respect human rights throughout their global operations, regardless of where their users are located and independently of whether the host state meets its own human rights obligations;
Amendment 86 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that continuing globalisation underlines the urgency of enforceable CSR and the role that corporations play in ensuring respect for human rights will become more important;
Amendment 87 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Notes that the rapid advances in technology are leading to an increasing privatisation of law enforcement, especially online, which requires urgent attention and a proper legal framework;
Amendment 90 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reaffirms the urgent need to act in a continuous, effective and coherent manner at all levels, including at the international and, European Union and national level, in order to effectively address the legal problems resulting from the extra-territorial dimension of companies and of their conduct, and the related uncertainty as to where the liability for human rights violations lieshuman rights abuses by international corporations when they appear and to address the legal problems and uncertainties around this issue;
Amendment 97 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the adoption of the UNGPs; 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; strongly supports the implementation of the UN Guiding Principles on Business and Human Rights and calls on companies to implement them, including through the establishment of due diligence policies and risk management safeguards, and the provision of effective remedies when their activities have caused or contributed to an adverse human rights impact;
Amendment 102 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on companies to integratmake sure theat findings of their human rights due diligence processes are actually translated into policies and procedures, withich aresources 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 duly implemented; stresses that this requires sufficient resources to be allocated;
Amendment 103 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on companies to urgently integrate the findings of theirin their management process human rights due diligence processes intoand to transpose its findings into internal 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 107 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that transparency and communication on measures taken to avoid human rights abuses in third countries are crucial to allow proper democratic oversight and to allow consumers to make fact-based choices;
Amendment 110 #
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 violationabuses of 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 maya moral obligation, wherever companies are active and whatever their size or industrial sector;
Amendment 111 #
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 of human rights is not a matter of charity or something to be done on a voluntary basis but avoluntary action but an ethical question and legal obligation on enterprises and their management, wherever they may act and whatever their size or industrial sector;
Amendment 117 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that, if companies should take moral responsibility if they find that they have caused or contributed to harm, they must provide for or participate in effective remedy processes for the individuals and communities affected;
Amendment 118 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that, if when companies find that theyare found to have caused or contributed to harm, they mustall instruments must be used so that the companies provide for or participate in effective remedy processes for the individuals and communities affected;
Amendment 125 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Warmly welcomes the preparCalls on the EU and its Member States to constructively engage in the negotiations of a binding UN Treaty on Business and Human Rights, and strongly calls for the EU Member Statethe Open-ended Inter- Governmental Working Group on the elaboration of an international legally binding instrument on transnational corporations and othe EU itself to promote and take part in this procesr business enterprises with respect to human rights and to implement the UN Guiding Principles on Business and Human Rights;
Amendment 130 #
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, 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 136 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for policy coherence on business and human rights at all levels: within different EU institutions, between the institutions, and between the EU and its Member States; notes that this will require intensive cooperation between different Directorates General within the Commission and the European External Action Service;
Amendment 141 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on all national and international authoritithe Member States to ensure that binding instruments devoted to the effective protection of human rights in this fieldrd countries are adopted as a matter of urgency and as widely as possible, and that all obligations stemming from the abovementioned international rules are enforced; hopes that European efforts on CSR can be a model for other countries;
Amendment 142 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on all national and international authoritiMember States to ensure that binding instruments devoted to the effective protection of human rights in this field are adopted as a matter of urgency and as widely as possible, and that all obligations stemming from the abovementioned international rules are enforced;
Amendment 148 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to implement the UNGPs swiftly and robustly, including by developing National Action Plans; deplores that, notwithstanding the Commission’'s 2001 CSR communication, only a fewnot all Member States have adopted CSR statements or policies that mention human rights or have published their plans on business and human rights;
Amendment 154 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the Member States to legislate in a coherent, holistic, and effective and binding manner in order to meet their duty to prevent, investigate, punish and redress human rights violations, including those perpetrated in third countries, directly or indirectly, by corporations acting under their jurisdiction;
Amendment 159 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the 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 theycompanies 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 lawsmitigation measures put in place and address any shortcomings;
Amendment 160 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to lay down clear requirements as to the factules that companies domicilestablished 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 172 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to compel companies that usework towards responsible sourcing for raw materials orand commodities that might, especially those originate ing from conflict-affected areas (for example, so- called conflict minerals) to disclose their sourcing and use of such materials;
Amendment 189 #
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 192 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the 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 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 200 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that collective redress mechanisms 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 fewurges all Member States haveto compliedy with it; this recommendation; encourages all Member States to comply with this recommendation; __________________ 9this type of class action to be applicable to non-EU citizens who are victims of human rights abuses by EU companies found to have caused or contributed to harm; __________________ 9 OJ L 201, 26.7.2013, p. 60. OJ L 201, 26.7.2013, p. 60.
Amendment 207 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the non-binding private sector initiatives for responsible supply chain management introduced by the Commission’'s services, but stresses that non-binding private sector initiatives are by themselves not sufficient; calls for urgent binding and enforceable rules and related sanctions and independent monitoring mechanisms;
Amendment 208 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the non-binding private sector initiatives for responsible supply chain management introduced by the Commission’s services, but stresses that non-binding private sector initiatives are by themselves not sufficient; calls for urgent binding and enforceable rules and related sanctions and independent monitoring mechanisms;
Amendment 220 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. 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; notes that trade agreements in general can contribute to reinforcing the global rules-based trading system and that trade and values must go hand in hand, as recently outlined by the European Commission in its new trade strategy 'Trade for All';
Amendment 222 #
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Calls on the Commission to urgently come forward with a legislative proposal for the export control of dual use items, since technologies made by European companies are still being used for human rights violations all over the world;
Amendment 225 #
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 231 #
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 232 #
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 239 #
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 241 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls that, when human rights violations are perpetrated by corporations, this action oftenmay involves personal criminal liability and calls for those responsible for such crimes to be prosecuted at whatever level;
Amendment 251 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recommends the creation of an ‘abuse-free’Notes that the use of clear and transparent labelling of products 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 goodproper information supply to consumers is crucial, with proper oversight and inspection by independent bodies;