Activities of Charles GOERENS related to 2023/2108(INI)
Shadow opinions (1)
OPINION on shaping the EU’s position on the UN binding instrument on business and human rights, in particular on access to remedy and the protection of victims
Amendments (24)
Amendment 4 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the UN Convention against Corruption,
Amendment 10 #
Motion for a resolution
Recital B
Recital B
B. whereas victims of corporate abuse often face multiple and overlapping obstacles to accessing remedies and these obstacles are even more severe for vulnerable or marginalised persons or groups; whereas impunity for human rights abuses by transnational corporations remains largely unaddressed in the absence of a robust and comprehensive regulatory framework and alignment at global and regional level;
Amendment 17 #
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that people in developing countries, especially indigenous and traditional communities, smallholders and other small-scale food producers, women, human rights defenders and workers, are disproportionally affected by the human, labour and environmental rights violations committed by TNCs, which often go unpunished; calls to promote and ensure access to justice with special focus on minorities and an effective remedy for victims of human rights violations and abuses;
Amendment 17 #
Motion for a resolution
Recital E
Recital E
E. whereas the position of the EU and the Member States has marginally evolved in relation to the work of the OEIGWG; whereas, in the absence of a negotiating mandate, the EU representative only participated in the OEIGWG’s sessions as an observer and only contributed general statements;
Amendment 24 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Council to adopt an ambitious mandate for the Commission to fully engage in the negotiations on the UN legally binding instrument on TNCs and human rights (LBI), in accordance with the objectives stipulated by UN Human Rights Council Resolution 26/9 of 14 July 2014, which mandates those negotiations; notes that the Member States should otherwise engage in the process individually; calls to establish a strong EU mandate to ensure cooperation with established and potential partners in the area of business and human rights which would in turn strengthen the EU's diplomacy as a credible partner and human rights defender;
Amendment 26 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls the proposal by the European Commission for a Directive on corporate sustainability due diligence (CSDDD) which aims to foster sustainable and responsible corporate behaviour and to anchor human rights and environmental considerations in companies operations and corporate governance; underlines that CSDDD proposal should aim for a more comprehensive and inclusive approach;
Amendment 29 #
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance that the scope of the LBI under negotiation covers TNCs and other business enterprises of a transnational character, as established by Resolution 26/9; worries, however, that there are still many governance gaps that persist at the international level and calls to continue multilateral engagement to send a consistent signal to existing and potential cooperation partners;
Amendment 30 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the overall level of enjoyment of human rights worldwide is inevitably contingent, among others, on the behaviour of corporations, given the current scale of globalisation and the internationalisation of business activities and value chains;
Amendment 41 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes, with concern, that many procedural, substantive and practical barriers persist regarding access to justice for victims, including difficulties in identifying the competent court, barriers related to jurisdictional standards, short statutory limitation periods, excessive evidentiary burdens, limited liability owing to the corporate veil, access to legal representation and information, as well as other inequalities between claimants and defendants; emphasises that vulnerable or marginalised persons or groups, who may need additional attention in the context of stakeholder engagement activities, are facing heightened barriers to benefit equitably from compensation payments or other forms of restitution;
Amendment 47 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Chair of the OEIGWG and the UN member states to ensure that the negotiations are conducted in a transparent manner, with meaningful engagement with all stakeholders, including civil society, labour unions and the private sector with due attention to vulnerable stakeholders; insists, moreover, on the importance of ensuring active engagement from all regions, with a view to developing an effective instrument that reflects the global diversity of the legal, economic, cultural and political realities affecting human rights and that draws on best practices implemented at domestic and regional level; encourages regional human rights and economic organisations as well as officials to help facilitate this universal engagement;
Amendment 49 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the EU has a Treaty- based commitment to promote human rights worldwide and UN multilateral solutions to common problems, which has yet to be reflected in its participation in the OEIGWG with a negotiating mandate;
Amendment 53 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underscores that the latest normative developments at EU level on business and human rights have scarcare important initial steps but have not adequately addressed access to justice and victims’ rights, which lie at the centre of the LBI as a core human rights treaty; stresses, in this regard, the complementary nature, objectives and scope of both normative tracks, which will operate at different levels;
Amendment 56 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that the EU should actively engage in the ongoing negotiations, in particular to further develop the draft LBI, while focusing on victims of business-related abuses, dismantling barriers to justice and effective remedy, and enhancing cooperation by drawing on international perspectives and best practices; considers that this engagement would ultimately contribute to securing better implementation and enforcement of human rights internationally, while equally contributing to an international level playing field and delivering a global instrument that is both widely supported and ratified among states across all regions, including but not limited to the European Union, and that remains relevant in the face of constantly evolving business- related threats to human rights;
Amendment 60 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the Council’s commitment that the EU will strengthen its engagement and actively participate in the OEIGWG; considers, however, that the only meaningful and tangible way to enact this stated commitment is by adopting an EU mandate for negotiations; urges, therefore, the Commission to recommend that the Council adopt an ambitious mandate for negotiations as soon as possible so that the EU is able to actively participate in the negotiations with a view to shaping the future LBI, which is already at an advanced stage;
Amendment 66 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission, the European External Action Service and the Member States to engage proactively with all partner states and prioritisinclude the topic in their dialogues with non-EU countries and regional organisations;
Amendment 70 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Supports a broad scope for the LBI, which aims to cover all business enterprises, including transnational business activities and state-owned enterprises and which allows for differentiation so that obligations are commensurate with enterprise size, sector, operational context and the severity of impacts on human rights; considers that allowing states parties the flexibility to differentiate, under their domestic legislation, how business enterprises discharge the prevention obligations under the LBI, would provide important leeway for national adaptation and would be consistent with the universal scope of the UNGPs;
Amendment 79 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Regrets the fact that several references to the environment and climate change were removed from the scope of the LBI in the latest draft; considers that the EU and the Member States should strive for the environmental and climate impact of business activities to be included within the scope of the LBI in line with EU legislation;
Amendment 81 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
Amendment 87 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that the obligation for companies to undertake regular human rights impact assessments prior to and throughout operations, and to take into account the needs of those at heightened risk, constitute particularly important elements for the LBI prevention framework, including by integrating a gender perspective, but also by taking into account issues concerning groups at risk of vulnerability or marginalisation, including indigenous peoples;
Amendment 89 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for the LBI to provide a central role to affected stakeholders, in particular through the obligation to promote the active and meaningful participation of relevant stakeholders, including trade unions, non-governmental organisations, indigenous peoples and community-based organisations, as well as the private sector, in the implementation of legislation, policies and other measures with special attention to the access to justice and remedies;
Amendment 91 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls for the LBI to provide a definition for active and meaningful participation of relevant stakeholders, including requirements for interactive processes of engagement conducted in good faith, on an ongoing basis, with proper follow-through, involving the identification and removal of potential barriers to engagement, and ensuring the safe participation of stakeholders without fear of reprisal;
Amendment 93 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Emphasises the need to ensure that states implement robust and effective, yet practical enforcement and compliance monitoring mechanisms; insists, furthermore, on the need for regular and in- depth reporting to be required from corporations and states parties; is concerned about the risks of forum- shopping and its impact on a level playing field, particularly in the context of the EU, urges EU level instruments to mitigate these risks including a monitoring mechanism through the European Semester for policy coordination;
Amendment 96 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Expects the EU and the Member States to promote robust provisions on access to justice, including access to state- based judicial remedy, within the LBI, in line with their commitment to protect victims, fight impunity and to upholding the UNGPs;
Amendment 104 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Insists that the LBI should address the practical and procedural obstacles faced by victims of corporate abuse when seeking justice with due attention to vulnerable or marginalized persons or groups;