54 Amendments of Marietje SCHAAKE related to 2017/2028(INI)
Amendment 2 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that corruption is inextricably linked to harm toundermines human rights, equality, economic growth, social justice and the environment; stresses in particular the profound impact that corruption has on trade, negatively affecting many areas such as investment, customs, licensing, regulation, procurement processes;
Amendment 3 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the report of the European Investment Bank (EIB) entitled ´Policy on preventing and deterring prohibited conduct in European Investment Bank activities' ("EIB Anti- Fraud Policy") adopted on 8 November 20131a, _________________ 1a http://www.eib.org/attachments/strategies/ anti_fraud_policy_20130917_en.pdf
Amendment 4 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the Council conclusions on business and human rights of 20 June 20162a, _________________ 2a http://www.consilium.europa.eu/en/press/ press-releases/2016/06/20-fac-business- human-rights-conclusions/
Amendment 5 #
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
- having regard to its resolution of 23 October 2013 on organised crime, corruption, and money laundering: recommendations on action and initiatives to be taken3a, _________________ 3a Texts adopted, P7_TA(2013)0245.
Amendment 7 #
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to its resolution of 11 June 2015 on recent revelations of high-level corruption cases in FIFA4a, _________________ 4a Texts adopted, P8_TA(2015)0233.
Amendment 8 #
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
- having regard to its resolution of 25 October 2016 on the fight against corruption and follow up of the CRIM resolution5a, _________________ 5a Texts adopted, P8_TA(2016)0403.
Amendment 11 #
Motion for a resolution
Citation 9 c (new)
Citation 9 c (new)
- having regard to its resolution of 25 October 2016 on corporate liability for serious human rights abuses in third countries1a, _________________ 1a Texts adopted, P8_TA(2016)0405.
Amendment 13 #
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises thatViews trade agreements should be seen as a key mechanism forto promotinge anti-corruption measures and good governance; calls for such agreements toWelcomes in this regard the fact that many trade agreements concluded and being negotiated with the EU include commitments to good governance and multilateral anti-corruption conventions in a, some through specific anti-corruption chapters in the agreement; Reaffirms the aim stated in the Trade for All Strade dealtegy to include ambitious provisions on anti- corruption in all future trade agreements; Welcomes the measures that the EU has already taken to combat corruption in its trade policy, for instance through GSP+, and the inclusion of commitments to ratify international anti-corruption conventions with trading partners;
Amendment 15 #
Motion for a resolution
Recital A
Recital A
A. whereas corruption appears to be a complex phenomenon which can be defined as the abuse of entrusted power for individual or, collective, direct or indirect personalrivate gain, and which poses a serious threat to the public interest, social stability and security by undermining thepublic trust and institutions, and values of democracy, ethics and, justice and good governance;
Amendment 26 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for whistleblower protection to be addressed in EU trade dealsWhile having regard to the current internal EU discussion on whistleblower protections, acknowledges the possibility for whistleblower protection to be addressed in the future in EU trade deals once an EU wide system is in place; stresses that signatory parties of trade agreements should take measures to promote the active participation of the private sector, civil society organisations and domestic advisory groups in the implementation of anti-corruption programmes and clauses in international trade and investment deals;
Amendment 29 #
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that passWelcomes the entering into force of the WTO Trade Facilitation Agreement on 22 February 2017 which provides measures to combat corruption in global trade; Believes, however, that passing or reforming legislation is in itself insufficient and that implementation is the key; points out that legislative reform needs to be accompanied by training of the judiciary, public access to information and transparency measures; points out that trade agreements could help in monitoring domestic reform in relation to anti-corruption policies;
Amendment 34 #
Draft opinion
Paragraph 5
Paragraph 5
5. Regrets the lack of effective enforcement andCalls for better monitoring of the implementation of anti-corruption provisions in current EU trade agreements; calls onEncourages the Commission to negotiate enforceabset clear and rele vanti-corruption provisions in all future trade agreemen conditions and performance indicators allowing better assessment and demonstration of results;
Amendment 40 #
Draft opinion
Paragraph 6
Paragraph 6
Amendment 44 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas corruption directly affects social programmes addressed to improve the lives of vast sectors of the population, in particular those in need of basic services such as healthcare, education, and housing;
Amendment 47 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to set up consultation mechanisms in cases of system corruption with trading partners and to provide exchanges of expertise to assist countries implementing anti- corruption measures;
Amendment 59 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas according to the World Bank about 1 trillion dollars is paid each year in bribes around the world and the total economic loss from corruption is estimated to be many times that number;
Amendment 63 #
Motion for a resolution
Recital E
Recital E
E. whereas in many countries there is a vicious circle between high levels of corruption and low rates of human, social and economic development, low levels of education and other public services, limited civil and political rights and little or no political competition;
Amendment 68 #
Motion for a resolution
Recital F
Recital F
F. whereas acts of corruption and human rights violations typically involve the misuse of power, lack of accountability and the institutionalisation of various forms of discrimination; whereas corruption shows strong correlation with deficiencies in the rule of law and good governance, and whereas corruption often undermines the effectiveness of the institutions and entities which are entrusted to ensure checks and balances and respect for democratic principles and human rights, such as parliaments, law enforcement authorities, the judiciary and civil society;
Amendment 69 #
Motion for a resolution
Recital F
Recital F
F. whereas acts of corruption and human rights violations typically involve the misuse of power, lack of accountability and the institutionalisation of various forms of discrimination; whereas corruption shows strong correlation with deficiencies in the rule of law, and whereas corruption often undermines the effectiveness of the institutions and entities which are entrusted to ensure checks and balances and respect for democratic principles and human rights, such as parliaments, law enforcement authorities, the judiciary and civil society;
Amendment 78 #
Motion for a resolution
Recital G
Recital G
G. whereas practices such as electoral fraud, illicit funding of political parties or the perceived disproportionate influence of money in politics erode confidence and create social dissatisfaction in elected representatives and governments, undermine democratic legitimacy and may significantly weaken civil and political rights; whereas inadequate regulation of political financing can create opportunities for organized criminals to influence and interfere in the conduct of public affairs; whereas corruption allegations can also be used as a political instrument in order to discredit the reputation of politicians;
Amendment 81 #
Motion for a resolution
Recital H
Recital H
H. whereas corruption in the judicial sector breaches the principles of non- discrimination, access to justice and the right to a fair trial and to an effective remedy and makes people disempowered, as they lose their ability to seek justice in court or hold politicians to account; whereas the absence of an independent judiciary and public administration fosters distrust in public institutions, undermining the rule of law and occasionally fuelling violence;
Amendment 87 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas it is difficult to measure corruption as it usually involves illegal practices that are deliberately covered up, although some mechanisms to identify, monitor, measure and combat corruption have been developed and implemented;
Amendment 88 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas new technologies such as distributed ledgers or open source investigation techniques and methodologies offer new opportunities to increase the transparency of governmental activities;
Amendment 89 #
Motion for a resolution
Recital I
Recital I
I. whereas strengthening the protection of human rights, and the principle of non-discrimination in particular, is a valuable instrument in combating corruption; whereas fighting corruption through criminal law and private law means taking repressive and remedial measures; whereas there is a direct link between the promotion and strengthening of human rights and corruption prevention;
Amendment 91 #
Motion for a resolution
Recital I
Recital I
I. whereas strengthening the protection of human rights, and the principle of non-discrimination in particular, is a valuable instrument in combating corruption; whereas there is a direct link between the promotion and strengthening of human rights, rule of law, good governance, and corruption prevention;
Amendment 94 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas existing international obligations are good mechanisms to take appropriate and reasonable measures in order to prevent or punish corruption in public and private sectors, in particular under the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and other relevant human rights instruments;
Amendment 110 #
Motion for a resolution
Recital O
Recital O
O. whereas many civil society organisations, including anti-corruption associations and human rights associations, journalists, bloggers and whistle-blowers expose corruption, fraud, mismanagement and human rights violations despite serious personal risks; whereas lack of protection against reprisals, libel and defamation laws and lack of independent and credible investigation can all deter people from speaking out; whereas the EU has a duty to protect them, in particular by offering public support, including by attending and observing trials of human rights defenders, and making the most effective use of its instruments such as the European Instrument for Democracy and Human Rights (EIDHR);
Amendment 116 #
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas the EU funds to third countries, including in the emergency situations, need to be properly monitored with clear checks and balances in the beneficiary countries in order to prevent opportunities for corruption that might emerge, and to expose abuses and reveal corrupt officials;
Amendment 118 #
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas the EU funds to third countries, including in the emergency situations, need to be properly monitored with clear checks and balances in the beneficiary countries in order to prevent the opportunities for corruption that might emerge;
Amendment 129 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls for collective action to be taken at international level to prevent and combat corruption, given that corruption spreads across borders and that cooperation between countries and between regions needs to be encouraged; calls on States to actively engage within international fora to discuss and reach joint decisions on good practices and policies suited to the specific situation in each region, with a view to tackling corruption as an interlinked complex phenomenon obstructing political, economic and social development;
Amendment 137 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is concerned about the implementation and enforcement of the existing international anti-corruption instruments - such as the UN Convention against Corruption, the UN Guiding Principles on Business and Human Rights (Ruggie Guidelines), the Council of Europe´s Criminal Law Convention on Corruption and the OECD Anti-Bribery Convention; calls on the signatory countries to apply them in full in order to better protect their citizens;
Amendment 138 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is concerned about the implementation and enforcement of the existing international anti-corruption instruments - such as the UN Convention against Corruption, the Council of Europe´s Criminal Law Convention on Corruption and the OECD Anti-Bribery Convention; calls on the signatory countries to apply them in full in order to better protect their citizens;
Amendment 141 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Is concerned over the harassment, threats, intimidation and reprisals suffered by members of civil society organisations, including anticorruption associations and human rights movements, journalists, bloggers and whistle-blowers that expose and denounce corruption cases; calls on the authorities to take all the necessary measures to guarantee their physical and psychological integrity and to ensure immediate, thorough and impartial investigations in order to bring those responsible to justice in accordance with international standards;
Amendment 148 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that States are bound to fulfil their human rights obligations; underlines that States are responsible for reacting to any negative impact of corruption occurring in their territory; recalls the responsibilities of business operators to respect human rights and tackle corruption; stresses the need to integrate a human rights perspective into anti-corruption strategies; in order that the implementation of preventive policies relating to matters such as transparency, laws on access to public information and external controls become an obligation;
Amendment 159 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the need to mainstream the principle of local and democratic ownership of projects financed under EU assistance programmes; highlights the need to establish and operationalise conditionality and incentives of EU external financial instruments based on anti-corruption norms and commitments made by partner countries; recalls the need of permanent monitoring of the EU funded projects and holding recipient country authorities accountable if the EU funds are not used appropriately;
Amendment 173 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the EU to promote effective mechanisms for public participation and public accountability, including the right to access to information and open data in all relevant human rights dialogues and consultations with third countries and to finance projects that aim the establishment, implementation and enforcement of these practices;
Amendment 175 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses the importance of open source investigation with regards to anti- corruption research; calls on the EU to adequately fund organisations that work on open source investigation and digital collection of evidence of corruption, in order to expose corrupt officials and ensure accountability;
Amendment 176 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on the EU to fund research into distributed ledger applications which could be used to improve the transparency of sales of government assets, track and trace donor money in EU foreign aid, and help address voter fraud;
Amendment 177 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Welcomes persistent efforts under the Development Cooperation Instrument and the Neighbourhood Programming Instrument to establish and consolidate independent and effective anti-corruption institutions;
Amendment 183 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the EEAS to channel further funds to assist with enacting and implementing protection programmes targeting civil society organisations’ members, including anti- corruption associations and human rights movements, journalists, bloggers and whistle-blowers that expose and denounce corruption cases and human rights violations; insists that any future update of the EU Guidelines on Human Rights Defenders or any guidance note on their implementation should make explicit references to the protection of these people; welcomes the Commission’s recently launched consultation process on whistle-blower protection; stresses that human rights focal points in EU delegations should also pay special attention to these targeted groups;
Amendment 185 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on EU delegations to make use of local demarches and public diplomacy to denounce cases of corruption and impunity, in particular when they lead to serious human rights violations;
Amendment 192 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recommends that the European Endowment for Democracy and the EU´s comprehensive HRD´s mechanism (protectdefenders.eu) should focus specific programmes to protect anti- corruption activists who also contribute to upholding human rights;
Amendment 194 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages EU Member States to consider adopting legislation providing for the possibility of the freezing of assets and visa restrictions targetingReiterates its call from the previous resolutions, that the EU should bring the Magnitsky sanctions list against the 32 Russian state officials responsible for the death of Russian whistleblower Sergei Magnitsky as soon as possible to the Council for its adoption and impose targeted sanctions against them such as an EU-wide visa ban and a freezing of their financial assets that they hold inside the European Union; encourages EU Member States to consider adopting a legislation which would establish a clear criteria allowing for black listing and imposition of similar sanctions against third country individuals who have been involved in serious human rights violations against other individuals or corruption;
Amendment 207 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is convinced that an ambitious anti- corruption policy in EU external relations is only credible if underpinned by an effective anti-corruption strategy within the EU; regrets in this context that the Commission decided not to follow up its 2014 EU anti-corruption report, which would have also reinforced the EU’s credibility to promote an ambitious anti- corruption agenda in its external policies; stresses that the European Commission and other EU institutions should undertake regular, ambitious and rigorous reporting and self-assessment in line with the provisions of the UN Convention against Corruption;
Amendment 213 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the need to step up national and international communication and awareness-raising campaigns targeting citizens participation in order to highlight the fact that corruption has negative impact on human rights and leads among others to social inequalities, lack of social justice and increased levels of poverty; stresses that education is key in building strong individuals in our society based on respect for the rule of law;
Amendment 225 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on the EU and its Member States to continue supporting anti- corruption institutions established in third countries as it is the case of the Guatemalan International Commission against Impunity (CICIG); urges these countries to provide the institutions with all the necessary tools, including the investigating power, in order to be effective in their work;
Amendment 231 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Encourages all EU Member States to fully implement the UN Guiding Principles on business and human rights and to include specific commitments on anti-corruption measures in their national action plan on human rights (as required under the EU´s Action Plan on Human Rights and Democracy) or to enact specific anti-bribery legislation;
Amendment 235 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the revised Accounting Directive on disclosure of non-financial and diversity information (2014/95/EU) regarding reporting requirements of large companies and groups, including on their efforts related to human rights and anti- corruption; encourages companies to disclose all relevant information in line with the forthcoming guidance note to be issued by the Commission;
Amendment 236 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Renews its call to all states including the EU to engage actively and constructively in the on-going work of the UN´s open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights with the view to reach a legally binding instrument in order to prevent, investigate, redress and have access to remedy when human rights violations, including those as a result of corruption, occur;
Amendment 241 #
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Recommends that the EU steps up support to international instruments to increase transparency in economic sectors most prone to human rights abuses and corruption;
Amendment 242 #
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19 c. Welcomes that some EU Member States' National Action Plans make references to corruption but suggests specific measures to prevent and punish corrupt practices and bribery that may lead to human rights violations;
Amendment 244 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Emphasises that one of the objectives of the fight against corruption should be to put an end to grave abuses that distort political processes and to promote an independent, impartial and effective judiciary; calls for political parties to be strengthened in their role as channels of democratic representation and political participation by being equipped in efficient ways; in this sense the regulation of political financing including the identification of donors and other financial sources are therefore central to the preservation of democracy;
Amendment 247 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes with concern that electoral fraud and corruption linked to electoral processes and the functioning of elected representative bodies and assemblies seriously undermine trust in democratic institutions and weaken civil and political rights by preventing equal and fair representation; notes the positive role of the election observation missions and support to electoral law reform; encourages further cooperation with specialized international bodies such as the Council of Europe or the OSCE in this field;
Amendment 252 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines the specific need to uphold the highest possible ethical standards and transparency in the functioning of international organisations and regional assemblies in charge of protecting and promoting democracy, human rights and the rule of law; underlines the need to promote transparent practices by elaborating codes of conduct and specific transparency measures to prevent and investigate any fraud or misconduct;