BETA

29 Amendments of Geoffrey VAN ORDEN related to 2018/2154(INI)

Geoffrey VAN ORDEN

Motion for a resolution
Recital -A (new)

-A. whereas a distinction needs to be made between legitimate, well-ordered PMSCs, operating according to high standards and others that are criminal organisations or proxies for rogue states. Similarly, PMSCs engaged in security support tasks should not be in the same bracket as organisations engaged in high- intensity tasks such as armed combat;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Recital A

A. whereas the number of private military and security companies (PMSCs) has dramatically increased over the past 20 years; whereas legitimate, mainly western PMSCs are performing many very useful activities both in and outside of situations of armed ~~conflict armed~~ conflict, for example demining, escorting convoys, protecting mines and oil refineries, ~~interrogation, intelligence services,~~ protecting commercial shipping from piracy, providing floating armouries, participating in drug-eradication efforts, working in prisons and detention centres and even ~~conduc~~supporting offensive military operations;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Recital B

B. whereas some PMSCs have been accused of engaging in a number of human rights violations and incidents resulting in loss of life; whereas such incidents amount in some cases to serious violations of international humanitarian law, including war crimes;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Recital E

E. whereas in 2012 two Italians assigned to anti-piracy duties aboard an Italian commercial ship shot dead two Indian fishermen off the coast of Kerala; whereas it is controversial whether the killing occurred in Indian or international waters and whether India or Italy has jurisdiction; whereas the Permanent Court of Arbitration at The Hague is expected to issue its ruling on the case later in 2018;deleted

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Recital I

I. whereas it is reported that on 7 February 2018 Wagner Group tanks and artillery led an attack by Syrian forces on the base of US and Kurdish forces, which was guarding an oil refinery in Deir ez-Zor province of Syria ~~and was decimated by US firepower 'in self defence'~~;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Recital J

J. whereas Malhama Tactical, the first ~~jihad~~Islamist PMSC, founded in 2016 by an Uzbeki jihadist, has been offering arms deals, "elite warriors", consulting and training services to extremist groups, including Jabhat Fateh al-Sham and Ahrar al-Sham in Syria;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Recital K

K. whereas in recent years there has been an increase in Chinese PMSCs deployed abroad, mainly in Africa; whereas in 2017 around 3 200 Chinese employees of private security groups were based abroad, more than Chinese troops deployed under UN mandates; whereas most of the Chinese PMSC operatives are unarme2017 around 3 200 Chinese employees of PMSCs were based abroad;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Recital O

O. whereas ~~good~~ examples of legislation on PMSCs exist in South Africa, where it is illegal for any South African to render foreign military assistance, and in Switzerland, which has introduced strict legislation on all PMSC activity outside its borders and does not allow PMSCs based in Switzerland to actively participate in hostilities abroad;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Recital O a (new)

Oa. notes, that in 2011 the UK Government announced that the ADS trade association would work with the Foreign Office to “develop, implement and enforce robust standards concerning the activity of UK-based PMSCs”;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Recital P

P. whereas Russia’s authorities opposed attempts to regulate the activities of Russian PMSCs; whereas the lack of a fully fledged legal and regulatory framework in Russia allows the Kremlin to better control these paramilitary organisations ~~and to quickly deal with the undesirable elements~~;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 1

1. Notes that legitimate PMSCs play an important complementary role in aiding a state’s military and civilian agencies by closing capability gaps created by increasing demand for the use of forces abroad; underlines, however, that no activities should be outsourced to PMSCs that would involve the use of force and/or active participation in hostilities, except for self-defence, and under no circumstances should PMSCs be allowed to take part in or conduct interrogations;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 2

2. Expresses its concern at the proliferation of PMSCs worldwide and the impact of the activities of PMSCs on ~~the enjoyment of~~ human rights; is alarmed by serious violations of human rights and international humanitarian law linked to the activities of some PMSCs and the lack of accountability for many abuses;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 3

3. Is alarmed in particular by the outsourcing of inherent state functions to private entities; holds the view that such outsourcing creates great risks for human rights, especially when PMSCs are operating in armed conflicts or in privatised prisons or immigration-related detention facilities;deleted

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 4

4. Stresses that the existing regulatory gaps create potential risks to various fundamental human rights, such as the right to security, the right to life, the prohibition of the arbitrary deprivation of liberty, the prohibition of torture, cruel, inhuman or degrading treatment and the right of victims to effective remedies;deleted

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 4 a (new)

4a. Acknowledges that there are many situations where PMSCs provide a valuable capability resource, such as guarding maritime commerce and shipping, or where the deployment of a national military force would be inappropriate;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Prevention ~~against~~of human rights abuses

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Subheading 2

~~Oversight and monitoring~~deleted

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 8

8. Highlights the importance of regular independent monitoring, including through randomised field visits, to ensure oversight and put an immediate end to abuse; calls on the European External Action Service (EEAS) delegations in countries where PMSCs are operating to monitor their activities and provide regular feedback on their actions;deleted

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 9

9. Holds the view that states have the obligation to investigate and prosecute in cases where PMSCs have committed ~~human rights abus~~criminal offences;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 11

~~11. Calls on the Human Rights Council to form a special committee to investigate the most serious crimes committed by PMSCs’ employees;~~deleted

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 12

12. Calls on the International Criminal Court (ICC) to investigate grave human rights abuses committed by PMSCs’ employees when the relevant State Party to the Rome Statute of the ICC is unable or unwilling to investigate or prosecute;deleted

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Subheading 4

~~Remedies for victims~~deleted

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 13

~~13. Emphasises the need to ensure effective remedies, including reparation, commensurate with the scale of violations committed for all victims of human rights abuses;~~deleted

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 14

~~14. Affirms that victims require easy and safe access to the judicial system, especially in cases of gross violations, and to non-judicial remedy procedures;~~deleted

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 15

15. Underlines the importance of ensuring that no gaps exist in protection from human rights abuses; sees a need to improve regulation of PMSCs so as to close any existing gaps; urges note to be taken of best practice, for example, by the UK;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 16

16. Considers an international binding instrument to be an appropriate option to ensure that human rights are fully protected wherever PMSCs operate~~; takes the view~~ and that ~~the~~ development of an international regulatory framework is in the interest of all stakeholders, as it provides for legal certainty, remedies, uniformity and objectivity with respect to international standards ~~and thereby creates a level playing field at global level~~, recognising that the main culprits are likely to refuse to participate in such a system;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 17

17. Emphasises that such a framework should, as a minimum, impose clearly defined human rights obligations on PMSCs, including mandatory human rights training, make a distinction between private military activity and private security activity, limit the use of force and firearms in the course of duty, establish civil liability of individuals and corporate actors, as well as laying down a requirement for civil liability insurance for risks related to the activities of PMSCs, call for penal accountability of personnel responsible for violations, provide effective access to remedies for victims, set out dissuasive penalties for violations by PMSCs, provide for independent monitoring of PMSCs' activities and for oversight by the authorities, and ~~require a vetting mechanism to ensur~~assurance that personnel are properly trained and comply with international human rights and humanitarian law standards;

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 18

18. Stresses that certain functions must not be outsourced to PMSCs, including interrogations, the overall operation of detention facilities, the punishment of detainees and active participation in hostilities, except for self- defence;deleted

2018/09/19
Committee: AFET

Geoffrey VAN ORDEN

Motion for a resolution
Paragraph 20

20. Instructs its President to forward this resolution to the European Council, the Council, the Commission, the Vice- President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the national parliaments of the Member States, the Secretary General of NATO, and the UN High Commissioner for Human Rights.

2018/09/19
Committee: AFET