Activities of Marisa MATIAS related to 2021/2066(INI)
Shadow reports (1)
REPORT on a European Parliament recommendation to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning corruption and human rights
Amendments (42)
Amendment 16 #
Motion for a resolution
Citation 21
Citation 21
— having regard to the Council of Europe Criminal and Civil Law Conventions on Corruption, and to resolutions (98) 7 and (99) 5, adopted by the Council of Europe’s Committee of Ministers on 5 May 1998 and 1 May 1999 respectively, establishing the Group of States against Corruption (GRECO),
Amendment 27 #
Motion for a resolution
Recital A
Recital A
A. whereas corruption is a human rights violation, directly undermining the enjoyment of human rights and disproportionately affecting the most vulnerable groups in society, barring them from equal access to political participation, basic services, justice, natural resources, jobs, educacomplex global phenomenon, affecting both North and South, that can be defined as the abuse of entrusted power for individual, collective, direct or indirect private gain, which poses a serious threat to the public interest and social, political and economic stability and security by undermining public trust and the efficiency and effectiveness of institutions, health and housing, while exacerbating poverty and inequalityand the values of democracy and human rights, ethics, justice, sustainable development and good governance;
Amendment 32 #
A a. whereas corruption can result in the violation of human rights, by directly undermining their enjoyment, increasing inequalities and disproportionately affecting the most vulnerable groups in society, such as women, children, persons with disabilities, the elderly, indigenous people or people belonging to minorities, barring them from equal access to political participation, basic and public services, justice, natural resources, jobs, education, health and housing, while exacerbating poverty and inequality; whereas, in particular, systemic corruption undermines democracy, democratic accountability, good governance, the rule of law, legal security, political freedom as well as countries’ economic capacities, social capital and trust in the institutions;
Amendment 39 #
Motion for a resolution
Recital B
Recital B
B. whereas fighting corruption is an integral part of the international commitments to fulfil human rights, protect the planet and ensure that all people enjoy peace and prosperity by 2030, in the framework of the UN Sustainable Development Goals (SDGs), particularly SDG 16 to promote just, peaceful and inclusive societie; whereas SDG16 focuses on peace, justice, the building of strong institutions and the fight against corruption; whereas in order to achieve SDG 16, the EU needs to urgently and directly address diverse issues in which corruption plays a key role, ranging from human rights violations to poverty, hunger and injustice; whereas the need to fight against corruption must always be considered a priority over the pursuit of profit and commercial interests;
Amendment 43 #
Motion for a resolution
Recital C
Recital C
C. whereas corruption is caused by the failure of political, economic and judicial systems to provide robust and, independent oversight and accountability; whereas corruption typically involves the misuse of power, a lack of accountability, the obstruction of justice, the use of improper influence, the institutionalisation of discrimination, clientelism and the distortion of market mechanisms among other things, and is facilitated by inadequate transparency and access to information; whereas it is often a form of transnational organised crime; whereas rising authoritarianism provides fertile ground for corruption, the combating of which calls for international cooperation with like- minded democracies; whereas the emergence of undemocratic regimes is a breeding ground for corruption;
Amendment 54 #
Motion for a resolution
Recital D
Recital D
D. whereas corruption and illicit financial flows undermines institutions, checks and balances and democratic principles, weakens the rule of law, corrodes public trust and impedes sustainable development, leading to the impunity of perpetrators, the illicit enrichment of those in power and power- grabbing to escape prosecution; whereas corruption destabilises peacebuilding efforts;
Amendment 56 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas combating the economic consequences of corruption is necessary in order to improve the quality of public services, such as education, welfare, healthcare, infrastructure development, conflict resolution, as well as to eliminate inequalities and poverty and build trust in institutions, business and politics;
Amendment 57 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas in countries where the rule of law and the judicial system are undermined by corruption, there are violations of the principles of equality, non-discrimination, access to justice, the right to a fair trial and to an effective remedy, which constitute fundamental human rights; whereas the absence of an independent judiciary system undermines the respect for the rule of law;
Amendment 58 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas corruption in politics has the potential to violate civil and political human rights, namely the right to self- determination, the right to take part in the conduct of public affairs, and the right to vote and to be elected; whereas corrupt practices in politics include, amongst others, the electoral fraud, the illicit funding of political parties, and the cronyism; whereas this type of corruption also erodes confidence and trust in political parties and elected representatives, in the electoral process and governments, undermining democratic legitimacy and public trust in politics;
Amendment 64 #
Motion for a resolution
Recital E
Recital E
E. whereas in some countries the ongoing COVID-19 crisis has exacerbated corruption-related human rights abuses, as regions with higher levels of corruption face higher numbers of COVID-related deaths and the most vulnerable communities are disproportionately hit; whereas corruption cripples states’ capacity to provide and fairly distribute public health services or vaccines; whereas many governments have misused COVID-19 related emergency powers to step up crackdowns on journalists, whistleblowers and civil society organisations (CSOs) working on exposing corruption;
Amendment 78 #
Motion for a resolution
Recital I
Recital I
I. whereas mandatory corporate due diligence regulations are indispensable means to prevent and tackle human rights and environmental violations; whereas the provisions of the UNCAC should form part of the due diligence obligations envisaged in the forthcoming Commission proposal on the matter;
Amendment 81 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas corruption and the resulting human rights violations take place in EU Member States; whereas the external credibility of the EU as a key anti-corruption actor depends on effective anti-corruption action within its Member States; whereas, for example, recent data show that only 9 out of 20 surveyed countries in Europe have regulations on public disclosure of media ownership;
Amendment 82 #
Motion for a resolution
Recital J
Recital J
Amendment 102 #
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) place the fight against corruption front and centre in all EU efforts and policies promoting human rights and democracy both in the European Union and around the world;
Amendment 114 #
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
(c) formulate a comprehensive EU and global anti-corruption strategy by taking stock of existing anti-corruption instruments and good practices in the EU’s toolbox, identifying gaps, increasing funding, and expanding support to anti- corruption CSOs, as already requested by the European Parliament in its resolution of 13 September 2017 on corruption and human rights in third countries;
Amendment 116 #
Motion for a resolution
Paragraph 1 – point c a (new)
Paragraph 1 – point c a (new)
(c a) establish a dedicated Council Working Party for preparatory works on anti-corruption matters (similar or modelled on FREMP and/or COHOM) in order to inform the discussions in the Council;
Amendment 118 #
Motion for a resolution
Paragraph 1 – point c b (new)
Paragraph 1 – point c b (new)
(c b) comply with the principle of policy coherence for development (Article 208 TFEU) and actively contribute to the reduction of corruption, and to fight impunity directly and explicitly through its external policies; in this regard, ensure that development policy promotes human rights, democracy, the rule of law and public social services, in order to boost good governance and build social capital, social inclusion and social cohesion, taking into account cultural and regional particularities; ensure the effective implementation of zero-tolerance policies towards tax havens, for they facilitate individual corrupt acts by allowing illicit financial flows to be easily disguised, and are a major causal factor behind the growth of high-level corruption;
Amendment 122 #
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) insist on the full implementation and enforcement of existing national and international anti-corruption instruments such as the UNCAC, the UN Guiding Principles on Business and Human Rights and the Council of Europe’s Criminal and Civil Law Conventions on Corruption; launch an inclusive and comprehensive process to review the EU’s implementation of the UNCAC;
Amendment 128 #
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) advance efforttake the necessary measures in all EU Member States to freeze and confiscate stolen assets and proceeds of corruption in their jurisdictions, in line with the UNCAC, and to return them in a transparent and accountable manner to the country of origin;
Amendment 133 #
Motion for a resolution
Paragraph 1 – point g
Paragraph 1 – point g
(g) strengthen the credibility of EU external anti-corruption action by more effectively combating corruption and money laundering within the EU; recognise that systemic corruption, tax evasion, illicit trade, banking secrecy, money laundering and tax havens within the EU and making transparency the cornerstone of all anti- corruption strategies; recognise that corruption in EU Member States compromises and potentially violates human rights of EU citizens; take the necessary measures to protect, fulfil and respect the human rights that are challenged by corruption within the EU; take the necessary measures to combat, prevent and punish corruption within its borders; recognise that systemic corruption and a failure to effectively prosecute foreign bribery in some EU Member States undermines anti-corruption efforts in third countries; recognise that a lack of determined action, delays and a gap in implementing the anti-corruption regulations within the EU emboldens corrupt actors outside of the EU;
Amendment 142 #
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
(g a) promote a standard approach to collecting or requiring disclosure of media ownership data to the public, particularly with regard to print and online media, an essential component of a democratic media system;
Amendment 179 #
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
(n) monitor the corruption risks involved in authoritarian third countries’ large-scale construction and investment projects, undertaken globally but also in Member States, particularly in the energy and, infrastructure, extractive industries, defense and health sectors; note that these projects often raise concerns of non- transparent financing or fiscal risks; proceed with the swift implementation of the EU’s ‘Globally Connected Europe’ programme, approved by the Council on 12 July 2021, with the potential to counter these efforts;
Amendment 182 #
Motion for a resolution
Paragraph 1 – point n a (new)
Paragraph 1 – point n a (new)
(n a) pay particular attention to tackling tax fraud and tax avoidance, which undermine domestic resources mobilisation for social policies and jeopardise growth and employment, by way of effective measures such as compulsory country-by-country reporting and disclosure of beneficial ownership of companies, trusts or holdings; support third countries fighting tax evasion and avoidance by helping them to build balanced, efficient, fair and transparent tax systems;
Amendment 183 #
Motion for a resolution
Paragraph 1 – point n b (new)
Paragraph 1 – point n b (new)
(n b) in the context of budget support and so as to eradicate high-level corruption, pay attention to the transparency in operations involving privatisation and deals of public assets, notably land, and to participate in OECD support programmes for developing countries in corporate governance of state-owned enterprises;
Amendment 207 #
Motion for a resolution
Paragraph 1 – point s
Paragraph 1 – point s
(s) support independent, impartial, well-resourced, well-trained and effective judiciaries, prosecution and law enforcement bodies;
Amendment 210 #
Motion for a resolution
Paragraph 1 – point t a (new)
Paragraph 1 – point t a (new)
(t a) enhance the transparency and accountability of its Official Development Assistance in order to comply effectively with the standards set out in the International Aid Transparency Initiative (IATI) and with internationally agreed development effectiveness principles; develop a strong holistic risk management system to prevent development aid from contributing to corruption in recipient countries, i.e. by linking budget support to clear anti-corruption objectives; to this end, set up robust mechanisms to monitor budget support implementation;
Amendment 211 #
Motion for a resolution
Paragraph 1 – point t b (new)
Paragraph 1 – point t b (new)
(t b) strengthen and deepen the rules on conflicts of interest in the European institutions so as to increase transparency in the award of contracts and public tenders and avoid the suspicion that revolving door cases raise;
Amendment 212 #
Motion for a resolution
Paragraph 1 – point t c (new)
Paragraph 1 – point t c (new)
(t c) mandate Member States to publish all company ownership and procurement- related data (from planning to implementation, including all bids below TED and national thresholds) in consistent, standardised, and comparable open formats (for example, in line with the Open Contracting Data Standard) by including these datasets into the list of “High-Value Datasets” under Annex I of the Public Sector Information Directive.
Amendment 217 #
Motion for a resolution
Paragraph 1 – point u a (new)
Paragraph 1 – point u a (new)
(ua) recognise that fighting corruption and illicit financial flows is a political responsibility requiring concerted action at global level (G20, OECD, UN, World Bank, IMF) as well as transparency and binding rules;
Amendment 221 #
Motion for a resolution
Paragraph 1 – point v a (new)
Paragraph 1 – point v a (new)
(v a) promote prompt introduction of a follow-up process to UNCAC first-cycle reviews;
Amendment 232 #
Motion for a resolution
Paragraph 1 – point z
Paragraph 1 – point z
(z) advance discussions about an international infrastructure to address the impunity of powerful individuals involved in large-scale corruption cases, including international investigative mechanisms, prosecutors and courts;
Amendment 239 #
Motion for a resolution
Paragraph 1 – point ab a (new)
Paragraph 1 – point ab a (new)
(ab a) encourages the EU to develop and implement specific programmes devoted to raising awareness on corruption, its costs for society and the means to fight against it, since education and information are fundamental tools for fighting corruption;
Amendment 244 #
Motion for a resolution
Paragraph 1 – point ac
Paragraph 1 – point ac
(ac) recall the key role of the financial sector in preventing corrupt practices that facilitate land grabbing in particular; advance efforts to ensure that banks and financial institutions should undertake ‘customer due diligence’ to combat money laundering linked to corruption and ensure that the investors they support take effective human rights due diligence measures; require disclosure of details about companies’ land acquisitions in third countries and upgrade their support to developing countries to ensure effective implementation of the Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests (VGGT) as a means to address corruption in land deals; ensure that trade deals include mandatory and enforceable human rights clauses ensuring that private companies and state authorities respect human rights and the highest social and environmental standards, which are essential to fight corruption; apply the OECD Guidelines for Multinational Enterprises; set up an EU mandatory human rights and environmental due diligence (HRDD) instrument that requires companies to engage actively in the identification, assessment, mitigation, prevention and notification of any adverse impacts of their businesses and supply chains on human rights, and on environment and which includes strong anti-corruption provisions and obligatory grievance mechanisms;
Amendment 258 #
Motion for a resolution
Paragraph 1 – subheading 8
Paragraph 1 – subheading 8
Sanctioning corruption through the EU Magnitsky Acta new targeted sanctions Regime
Amendment 266 #
Motion for a resolution
Paragraph 1 – point af
Paragraph 1 – point af
(af) swiftly come forward with a legislative proposal to amend the current EU Global Human Rights Sanctions Regime by extending its scope to include actfor a targeted sanctions Regime for acts of corruption, with rules tailored to the specificities of corruption offences; note the risk of corrupt actors moving their assets to the EU as more and more countries adopt stricter frameworks;
Amendment 275 #
Motion for a resolution
Paragraph 1 – point ag
Paragraph 1 – point ag
(ag) ensure anti-corruption measures are mainstreamed into the COVID-19 response in order to provide and fairly distribute public health services orand vaccines, including by strengthening of public institutions and ensuring the full transparency of the measures and the use of funding;
Amendment 276 #
Motion for a resolution
Paragraph 1 – point ah
Paragraph 1 – point ah
(ah) ensure that the EU’s pandemic- related financial support to Member States and third countries is tied to a robust commitment to anti- corruption efforts;
Amendment 281 #
Motion for a resolution
Paragraph 1 – point aj
Paragraph 1 – point aj
(aj) recognise the linkages between environmental degradation as an impediment to the enjoyment of human rights, and the underlying networks of corruption, bribery or organised crime; work towards mainstreaming anti- corruption in EU climate action, focusing on the sectors most at risk, such as the extractive industries, land grabbing and intensive farming;
Amendment 287 #
Motion for a resolution
Paragraph 1 – point ak a (new)
Paragraph 1 – point ak a (new)
(ak a) recognise that corruption is widespread in land administration, resulting in a wide range of adverse human rights impacts, ranging from forced displacement of communities without adequate compensation to the killing of land defenders; urge the investing companies to seek the free, prior and informed consent (FPIC) of all affected communities, including indigenous peoples, and to take human rights due diligence measures, including through the setting-up of a strong whistleblower protection mechanism, to ensure that their subsidiaries and business partners do not resort to corruption;
Amendment 291 #
Motion for a resolution
Paragraph 1 – point al
Paragraph 1 – point al
(al) evaluate the gendered aspects of corruption and its differentiated impact on women and men; note that corruption exacerbates gender inequality and affects the extent to which women’s rights are ensured and protected; promote gender mainstreaming in anti-corruption action, as recommended by the UNODC; ensure that women are aware of their rights so as to reduce their vulnerability to corruption; address the impact of corruption on women’s rights;
Amendment 295 #
Motion for a resolution
Paragraph 1 – point am
Paragraph 1 – point am
(am) recognise sextortion as a form of corruption; design programmes to help the victims of sexual extortion, a particularly extreme, gender-specific form of corruption involving the human body as the currency of corruption; collect data to measure the prevalence of sextortion adopt legal frameworks and instruments to adequately address and sanction sextortion cases and promote these steps in multilateral fora;
Amendment 296 #
Motion for a resolution
Paragraph 1 – point am a (new)
Paragraph 1 – point am a (new)
(am a) Victims of corruption set up grievance mechanisms whereby victims of corruption resulting from external actions of the EU and European companies operating in third countries can have access to justice and complain about human rights abuses related to corruption cases, which includes provisions for accountability and judicial redress, both individual and collective; recognise collective redress as a key tool for the protection of fundamental rights; advance efforts to ensure that victims of corruption – individuals as well as communities – are identified and informed of their right to obtain compensation for the damages caused by corruption;