Procedure completed
2013/2074(INI) Corruption in the public and private sectors: the impact on human rights in third countries
Lead committee dossier: AFET/7/12540
Legal Basis RoP 052
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | AFET | GOMES Ana (S&D) | PREDA Cristian Dan (PPE), DONSKIS Leonidas (ALDE), DEMESMAEKER Mark (Verts/ALE), TANNOCK Charles (ECR), VERGIAT Marie-Christine (GUE/NGL) |
| Opinion | DEVE | KAMIŃSKI Michał Tomasz (ECR) |
Legal Basis RoP 052
Subjects
Activites
-
2013/10/08
Results of vote in Parliament
- Results of vote in Parliament
-
T7-0394/2013
summary
The European Parliament adopted a resolution on corruption in the public and private sectors: the impact on human rights in third countries. Parliament recalled, according to the World Bank, corruption represents 5% of global GDP (USD 2.6 trillion), with over USD 1 trillion paid in bribes each year and that it adds up to 10% of the total cost of doing business on a global basis and 25 % of the cost of procurement contracts in developing countries. It also noted that each year USD 20-40 billion, corresponding to 20-40% of official development assistance, is stolen from public budgets in developing countries. Parliament deplores that from 2000 to 2009, developing countries lost USD 8.44 trillion to illicit financial flows, ten times more than what they received in foreign aid. It stressed that the money stolen through corruption each year is enough to keep the world's hungry fed 80 times over. With this in mind, Parliament believed that the EU can only become a credible and influential leader in the fight against corruption if it addresses the problems of organised crime, corruption and money laundering within its own borders in an adequate manner. Although welcoming, in this regard, various initiatives taken at European level including the renegotiation of the Savings Taxation Directive, meant effectively to end banking secrecy, Parliament considered that these actions are not sufficiently ambitious and that the EU should follow the example of the United States in enacting the Sergei Magnitsky Rule of Law Accountability Act of 2012 and adopt similar legislation at EU level by establishing a common EU list of officials involved in the death of Sergei Magnitsky. This Council Decision should impose targeted sanctions on those officials, such as an EU-wide visa ban and a freezing order on any financial assets that they or their immediate family may hold inside the European Union. Members also called on the Commission to draw up an action plan, with a view to creating a mechanism for listing and imposing similar targeted sanctions against officials of third countries (including police officers, prosecutors and judges) involved in grave human rights violations and judicial ‘manipulations’ against whistleblowers, journalists reporting on corruption and human rights activists in third countries. Accountability and transparency of external aid and public budgets: Parliament supported the EU’s commitment to embrace and mainstream throughout its development policies the concept of democratic ownership, that is, the effective and full participation of people in the design, implementation and monitoring of development strategies and policies of donors and partner governments. Such a policy fosters involvement of programme beneficiaries and therefore contributes to greater monitoring and accountability in the fight against corruption. To ensure that the blending facilities expand the effectiveness of development finance, the governance of those instruments needs to be reviewed. It therefore called on the Commission to impose the highest levels of integrity in the procurement processes for implementation of EU-funded projects. This approach would benefit all concerned, including associations of land-owners as well as disadvantaged groups. Parliament also urged the EU to further transparency by supporting the creation of a global system to track aid pledges, in order to be able to hold donor countries to their promises of aid and to hold them accountable for the projects, institutions or groups that they support. It suggested that the Commission publicise the reporting mechanisms within OLAF regarding misuse of EU funds among participants in public tenders and beneficiaries of EU aid. Several other measures were proposed such as: greater transparency on the beneficiaries of funding; enhanced controls; an extension of the definition of human rights defenders in the EU Guidelines on Human Rights Defenders to include anti-corruption activists, investigative journalists and, notably, whistleblowers; initiatives from the international financial institutions (IMF, World Bank) to evaluate the risk of corruption and bolstering transparency (for example, the “Publish What You Pay” initiative). Corruption and development policies: emphasising that the poorest people in developing countries, being heavily reliant on public services, are hurt disproportionately by petty corruption, Parliament called for greater consistency in development policies stressing that EU assistance in the areas of fiscal governance and action on tax fraud needs to be increased under its development funding instruments. Parliament believes that fighting corruption, including tax havens, tax evasion and illicit capital flights, is part of a broader effort to promote good governance, which is defined as one of the key priorities to enhance the effectiveness of EU development policy. Improving Member States’ jurisdiction: Parliament requested the Member States to amend their criminal laws, where necessary, to establish jurisdiction over individuals of any nationality found on their territory who have committed acts of bribery or embezzlement of public funds, regardless of where the crime occurred. It also urged the Member States, as recommended by the UNCAC, to adopt legislative and other measures to establish intentionally committed illicit enrichment – that is, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income – as a criminal offence. Capacity building of anti-corruption institutions: Parliament called on the EU and the Member States to initiate the development of international standards on the independence and effectiveness of anti-corruption authorities, drafted intergovernmentally with the aim of final adoption by the UN General Assembly. It urged the EU and its Member States to foster and show support for the creation of an International Commission Against Corruption established by an international treaty or by a Protocol to the UNCAC, which would give rise to an international body of criminal investigators endowed with equivalent powers of national law enforcement and prosecution authorities to investigate and prosecute crimes of corruption in domestic territories of the signatory States, and being able also to indict individuals in national criminal courts. It also invited the Member States to support the establishment of a UN Special Rapporteur on financial crime, corruption and human rights. Corporate responsibility: Parliament requested all EU enterprises to fulfil their corporate responsibility to respect human rights in line with the UN Guiding Principles. It called for the development of more effective transparency and accountability standards for EU technology companies in connection with the export of technologies that can be used to violate human rights. It also urged the Commission to propose legislation requiring EU companies to ensure that their purchases do not support perpetrators of corruption, conflicts and grave human rights violations. It reiterated the need for the EU and the Member States to take appropriate measures to monitor and eventually sanction companies based on their territory which are involved in corruption in third countries. A public list of companies which have been convicted of corrupt practices or whose company officials are being indicted for corrupt practices in Member States or third countries should be published. Members also welcomed the agreements reached between the European Parliament and the Council requiring companies in the extractive sector and loggers of primary forests to disclose payments to governments on a country and project basis and called for this practice to be extended. Peace and stability operations: Parliament stressed that corruption often fuels crime and contributes to conflict and fragility of countries. It called, therefore, on the UN to take steps to ensure that those who are victimised by peacekeepers have the right to remedy, and to improve reporting mechanisms and the whistleblower protection policy. Parliament also called on the Union and its Member States to support: the creation of the oversight mechanism of the International Anti-Corruption Code of Conduct; the creation of an international framework regulating the activities of military and private security companies, that would include dissuasive sanctions. International cooperation and assistance: Parliament recommended that Member States enhance the implementation of Chapters IV (International Cooperation) and V (Asset Recovery) of UNCAC, especially to grant more efficiency to mutual legal assistance requested by third countries. It encouraged the Commission to propose in the next revision of the Cotonou Agreement the respect of good governance as an essential element of the Agreement and to widen the scope of the definition of corruption, allowing the sanctioning of breaches of the good governance clause in all serious circumstances, and not only when related to economic and sectoral policies and programmes on which the European Union is a significant partner in terms of the financial support Welcoming the initiatives taken in the context of the Arab Spring (recovery of dictators’ assets), Parliament called on the Union and its Member States to provide legal and technical assistance to developing countries that wish to recover stolen assets (or assets accumulated illegally by dictatorships) that are held in the territory of the European Union. Lastly, it encouraged the Union to ensure greater vigilance in relation to European arms manufacturers’ exports and to combat opaqueness in the arms trade sector, especially in relation to the use of intermediaries and economic/industrial offsets.
- 2013/10/07 Debate in Parliament
-
2013/08/19
Committee report tabled for plenary, single reading
-
A7-0250/2013
summary
The Committee on Foreign Affairs adopted the report by Ana GOMES (S&D, PT) on corruption in the public and private sectors: the impact on human rights in third countries. Members recalled that, according to the World Bank, corruption represents 5% of global GDP (USD 2.6 trillion), with over USD 1 trillion paid in bribes each year and that it adds up to 10% of the total cost of doing business on a global basis and 25 % of the cost of procurement contracts in developing countries. They also noted that each year USD 20-40 billion, corresponding to 20-40% of official development assistance, is stolen from public budgets in developing countries. With this in mind, Members believed that the EU can only become a credible and influential leader in the fight against corruption if it addresses the problems of organised crime, corruption and money laundering within its own borders in an adequate manner. Although welcoming, in this regard, various initiatives taken at European level including the renegotiation of the Savings Taxation Directive, meant effectively to end banking secrecy, Members considered that these actions are not sufficiently ambitious and that the EU should follow the example of the United States in enacting the Sergei Magnitsky Rule of Law Accountability Act of 2012 and adopt similar legislation at EU level by establishing a common EU list of officials involved in the death of Sergei Magnitsky. They also called on the Commission to draw up an action plan, with a view to creating a mechanism for listing and imposing similar targeted sanctions against officials of third countries (including police officers, prosecutors and judges) involved in grave human rights violations and judicial ‘manipulations’ against whistleblowers, journalists reporting on corruption and human rights activists in third countries. Accountability and transparency of external aid and public budgets: Members supported the EU’s commitment to embrace and mainstream throughout its development policies the concept of democratic ownership, that is, the effective and full participation of people in the design, implementation and monitoring of development strategies and policies of donors and partner governments. Such a policy fosters involvement of programme beneficiaries and therefore contributes to greater monitoring and accountability in the fight against corruption. To ensure that the blending facilities expand the effectiveness of development finance, the governance of those instruments needs to be reviewed. They therefore called on the Commission to impose the highest levels of integrity in the procurement processes for implementation of EU-funded projects. This approach would benefit all concerned, including associations of land-owners as well as disadvantaged groups. Members also urged the EU to further transparency by supporting the creation of a global system to track aid pledges, in order to be able to hold donor countries to their promises of aid and to hold them accountable for the projects, institutions or groups that they support. They suggested that the Commission publicise the reporting mechanisms within OLAF regarding misuse of EU funds among participants in public tenders and beneficiaries of EU aid. Several other measures were proposed such as: greater transparency on the beneficiaries of funding; enhanced controls; initiatives from the international financial institutions (IMF, World Bank) to evaluate the risk of corruption and bolstering transparency (for example, the “Publish What You Pay” initiative). Corruption and development policies: emphasising that the poorest people in developing countries, being heavily reliant on public services, are hurt disproportionately by petty corruption, Members called for greater consistency in development policies stressing that EU assistance in the areas of fiscal governance and action on tax fraud needs to be increased under its development funding instruments. Improving Member States’ jurisdiction: Members requested the Member States to amend their criminal laws, where necessary, to establish jurisdiction over individuals of any nationality found on their territory who have committed acts of bribery or embezzlement of public funds, regardless of where the crime occurred. They also urged the Member States, as recommended by the UNCAC, to adopt legislative and other measures to establish intentionally committed illicit enrichment – that is, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income – as a criminal offence Capacity building of anti-corruption institutions: Members called on the EU and the Member States to initiate the development of international standards on the independence and effectiveness of anti-corruption authorities, drafted intergovernmentally with the aim of final adoption by the UN General Assembly. They urged the EU and its Member States to foster and show support for the creation of an International Commission Against Corruption established by an international treaty or by a Protocol to the UNCAC, which would give rise to an international body of criminal investigators endowed with equivalent powers of national law enforcement and prosecution authorities to investigate and prosecute crimes of corruption in domestic territories of the signatory States, and being able also to indict individuals in national criminal courts. They also invited the Member States to support the establishment of a UN Special Rapporteur on financial crime, corruption and human rights. Corporate responsibility: Members requested all EU enterprises to fulfil their corporate responsibility to respect human rights in line with the UN Guiding Principles. They called for the development of more effective transparency and accountability standards for EU technology companies in connection with the export of technologies that can be used to violate human rights. They also urged the Commission to propose legislation requiring EU companies to ensure that their purchases do not support perpetrators of corruption, conflicts and grave human rights violations. They reiterated the need for the EU and the Member States to take appropriate measures to monitor and eventually sanction companies based on their territory which are involved in corruption in third countries. A public list of companies which have been convicted of corrupt practices or whose company officials are being indicted for corrupt practices in Member States or third countries should be published. They also welcomed the agreements reached between the European Parliament and the Council requiring companies in the extractive sector and loggers of primary forests to disclose payments to governments on a country and project basis and called for this practice to be extended. Peace and stability operations: Members stressed that corruption often fuels crime and contributes to conflict and fragility of countries. They called, therefore, on the UN to take steps to ensure that those who are victimised by peacekeepers have the right to remedy, and to improve reporting mechanisms and the whistleblower protection policy. Members also called on the Union and its Member States to support: the creation of the oversight mechanism of the International Anti-Corruption Code of Conduct; the creation of an international framework regulating the activities of military and private security companies, that would include dissuasive sanctions. International cooperation and assistance: Members recommended that Member States enhance the implementation of Chapters IV (International Cooperation) and V (Asset Recovery) of UNCAC, especially to grant more efficiency to mutual legal assistance requested by third countries. They encouraged the Commission to propose in the next revision of the Cotonou Agreement the respect of good governance as an essential element of the Agreement and to widen the scope of the definition of corruption, allowing the sanctioning of breaches of the good governance clause in all serious circumstances, and not only when related to economic and sectoral policies and programmes on which the European Union is a significant partner in terms of the financial support Welcoming the initiatives taken in the context of the Arab Spring (recovery of dictators’ assets), Members called on the Union and its Member States to provide legal and technical assistance to developing countries that wish to recover stolen assets (or assets accumulated illegally by dictatorships) that are held in the territory of the European Union. Lastly, they encouraged the Union to ensure greater vigilance in relation to European arms manufacturers’ exports and to combat opaqueness in the arms trade sector, especially in relation to the use of intermediaries and economic/industrial offsets.
-
A7-0250/2013
summary
-
2013/06/27
Vote in committee, 1st reading/single reading
-
2013/06/10
Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee report tabled for plenary, single reading: A7-0250/2013
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0394/2013
| Amendments | Dossier |
| 154 |
2013/2074(INI)
2013/06/03
AFET
129 amendments...
Amendment 1 #
Motion for a resolution Heading 1 Amendment 10 #
Motion for a resolution Recital A A. whereas corruption can be defined as the abuse of entrusted power for individual or collective private gain, and whereas acts of corruption include the crimes of bribery, embezzlement, trading in influence, abuse
Amendment 100 #
Motion for a resolution Paragraph 18 a (new) 18a. Calls on the European Commission to consolidate the cooperation with other donors and the International Organisation of Supreme Audit Institutions to develop capacities of Supreme Audit Institutions in aid recipient countries, in order to implement the International Standards for Supreme Audit Institutions in developing countries;
Amendment 101 #
Motion for a resolution Paragraph 20 20. Invites the EU Member States to support the establishment of a UN Special Rapporteur on corruption and human rights with a comprehensive mandate; invites those EU Member States that have signed but not yet ratified the Council of Europe Criminal Law Convention on Corruption, opened for signature on 27 January 1999, to ratify it at the earliest possible date;
Amendment 102 #
Motion for a resolution Paragraph 20 20. Invites the EU Member States to support the establishment of a UN Special Rapporteur on corruption and human rights with a comprehensive mandate, including an objectives-oriented plan and on a periodic evaluation of the anti-corruption measures taken by States;
Amendment 103 #
Motion for a resolution Paragraph 20 20. Invites the EU Member States to support the establishment of a UN Special Rapporteur on financial crime, corruption and human rights with a comprehensive mandate;
Amendment 104 #
Motion for a resolution Paragraph 21 a (new) 21a. Stresses that stringent respect for human rights, due diligence and transparency must be maintained in order to ensure CSR along the whole supply chain, and combat corruption, tax avoidance and illicit money flows;
Amendment 105 #
Motion for a resolution Paragraph 21 b (new) 21b. Calls for the development of more effective transparency and accountability standards for EU technology companies in connection with the export of technologies that can be used to violate human rights, to aid corruption or to act against the EU's security interests;
Amendment 106 #
Motion for a resolution Paragraph 21 c (new) 21c. Calls for the implementation of the 'know your end-user' principle to ensure increased scrutiny and to prevent human rights violations from occurring either up- or downstream in supply chains and production or market flows;
Amendment 107 #
Motion for a resolution Paragraph 21 d (new) 21d. Emphasises that coherent and comprehensive non-financial disclosure is a crucial tool in promoting transparency and accountability of corporations and increasing the trust of investors and stakeholders in those companies; Urges the EU, therefore, to support the creation of a more coherent and comparable corporate reporting regime;
Amendment 108 #
Motion for a resolution Paragraph 23 23. Urges the Commission to propose legislation requiring EU companies to ensure that their purchases do not support perpetrators of corruption, conflicts and grave human rights violations, namely by carrying out checks and audits on their mineral supply chains and publishing the findings; takes the view that mandatory due diligence by EU companies, in line with the guidelines published by the OECD, would
Amendment 109 #
Motion for a resolution Paragraph 23 23. Urges the Commission to propose legislation requiring EU companies to ensure that their purchases do not support perpetrators of corruption, conflicts and grave human rights violations, namely by carrying out checks and audits on their
Amendment 11 #
Motion for a resolution Recital A A. whereas corruption is a human rights violation which can be defined as the abuse of entrusted power for private gain, and whereas acts of corruption include the crimes of bribery, embezzlement, trading in influence, abuse of functions and illicit enrichment, as defined by the UNCAC;
Amendment 110 #
Motion for a resolution Paragraph 23 a (new) 23a. Is concerned by reports of cooperation of certain EU companies with authoritarian regimes in the field of information technologies and communications leading to human rights abuses such as censorship of information, mass surveillance, monitoring, tracing and tracking of citizens and their activities on (mobile) telephone networks and the internet; is convinced that European companies and their subsidiaries and subcontractors should play a key role in the promotion and dissemination of human rights standards worldwide and never compromise these values in their efforts to expand their markets abroad;
Amendment 111 #
Motion for a resolution Paragraph 24 24.
Amendment 112 #
Motion for a resolution Paragraph 24 24. Calls on the Commission to consider
Amendment 113 #
Motion for a resolution Paragraph 25 25. Welcomes the agreements reached between the European Parliament and the Council requiring companies in the extractive sector to disclose payments to governments on a country-by-country basis;
Amendment 114 #
Motion for a resolution Paragraph 25 25. Welcomes the agreements reached between the European Parliament and the Council requiring companies in the extractive sector and loggers of primary forests to disclose payments to governments on a country
Amendment 115 #
Motion for a resolution Paragraph 26 26.
Amendment 116 #
Motion for a resolution Paragraph 27 27. Stresses the need to develop and update the Generic Standards of Behaviour and the Code of Conduct for EU CSDP missions, to adequately reflect efforts against corruption both in missions and in mission areas; calls on the EU and its Member States to take steps to ensure that those who are victimised by European personnel in peace and rule of law missions have an effective right to remedy; urges the Council to set up safe and adequate
Amendment 117 #
Motion for a resolution Paragraph 28 28. Welcomes initiatives like the Montreux Document and the International Code of Conduct for Private Security Service Providers (ICoC); welcomes the European Union’s recent support for the Montreux Document and the high and growing number of endorsements by EU Member States; highlights, however, that there needs to be better enforcement of established principles; calls on all EU Member States to further develop their national law and regulation in line with the standards set out in the Montreux Document and recommends that they and the EU only enter into contracts with PMSCs that uphold the initiatives’ principles; calls on the EU and its Member States to support the creation of the oversight mechanism of the ICoC, which should be a compliance body capable of handling complaints and issuing dissuasive sanctions (including modifications to contracts requiring additional constraints, issuance of official warnings, financial penalties and temporary or permanent removal of the PMSC from the ICoC system) in order to ensure compliance with, and ultimately hold PMSCs and their suppliers, especially those based in the EU, accountable for, their commitments under the ICoC;
Amendment 118 #
Motion for a resolution Paragraph 29 29. Requests that the EU
Amendment 119 #
Motion for a resolution Paragraph 29 a (new) 29a. Points out that all efforts to combat corruption should be accompanied by support for programmes meant to prevent corruption through education and awareness-raising campaigns;
Amendment 12 #
Motion for a resolution Recital B B. whereas corruption perpetuates unequal
Amendment 120 #
Motion for a resolution Paragraph 30 30. Recommends that Member States enhance the implementation of Chapters IV (International Cooperation) and V ( Asset
Amendment 121 #
Motion for a resolution Paragraph 30 a (new) 30a. Is of the opinion that the standard human rights clause introduced in all agreements with third countries should also include a commitment towards the protection and promotion of good governance;
Amendment 122 #
Motion for a resolution Paragraph 30 b (new) 30b. Encourages the Commission to propose in the next revision of the Cotonou Agreement the respect of good governance as an essential element of the Agreement and to widen the scope of the definition of corruption, allowing the sanctioning of breaches of the good governance clause in all serious circumstances, and not only when related to economic and sectoral policies and programmes on which the European Union is a significant partner in terms of the financial support;
Amendment 123 #
Motion for a resolution Paragraph 31 31.
Amendment 124 #
Motion for a resolution Paragraph 31 31. Emphasises that a human rights-based approach to the asset-recovery process by states emerging from corrupt dictatorships, namely Arab Spring countries, demands that Member States, as recipient countries, understand repatriation not as a discretionary measure but as a duty arising from the obligations of international cooperation and assistance; considers, moreover, that a human rights-based approach requires that repatriated funds be appropriately used in the creation of conditions to assure compliance with human rights obligations and to avoid new corruption-based diversions; requires that the EU assist in ensuring that repatriated funds be appropriately administered in a transparent and efficient manner that benefits the citizens of the country in question, in full compliance with international human rights obligations; urges the EU and the Member States to investigate those authoritarian regimes still being supported through asset recovery and to undertake a radical revision of policy towards them, notably by implementing democracy and human rights clauses; asks the EU and the Member States to support measures for auditing the debt of such countries in order to indentify that which constitutes odious debt;
Amendment 125 #
Motion for a resolution Paragraph 31 a (new) 31a. Stresses the importance of a human rights-based approach to the treatment of sovereign debt by states emerging from corrupt dictatorships, namely in Arab Spring countries; acknowledges that sovereign debts may be of illegitimate nature; supports initiatives for auditing external and internal sovereign debt with a view to detect corruption and its impact on human rights; calls on Member States to support debt audit initiatives;
Amendment 126 #
Motion for a resolution Paragraph 32 32.
Amendment 127 #
Motion for a resolution Paragraph 32 32. Calls on the EU and its Member States to take a lead in the UN efforts to ratify and implement the International Arms Treaty, establishing common binding standards, based on international human rights and humanitarian law, to assess international weapons transfers; encourages the EU to go beyond the treaty and set up independent mechanisms to monitor all arms transfers and combat the opaqueness in the arms trade sector and demand far greater transparency, especially in relation to the use of intermediaries and economic/industrial offsets; asks for increased vigilance to be exercised in relation to European arms manufacturers’ exports;
Amendment 128 #
Motion for a resolution Paragraph 32 32. Calls on the EU and its Member States to take a lead in the UN efforts to ratify and implement the International Arms Treaty, establishing common binding standards and criteria, based on international human rights and humanitarian law, to assess international weapons transfers; encourages the EU to go beyond the treaty and set up independent mechanisms to
Amendment 129 #
Motion for a resolution Paragraph 33 33. Instructs its President to forward this resolution to the Council, the Commission, the European External Action Service, the governments and parliaments of the EU Member States, of the candidate states and of associated countries, to the Council of Europe, to the African Union, to the International Monetary Fund, to the World Bank, to the European Investment Bank, to the European Bank for Reconstruction and Development and to the United Nations.
Amendment 13 #
Motion for a resolution Recital B B. whereas corruption perpetuates and even aggravates unequal, unjust and discriminatory outcomes
Amendment 14 #
Motion for a resolution Recital B B. whereas corruption perpetuates unequal, unjust and discriminatory outcomes with regard to
Amendment 15 #
Motion for a resolution Recital B a (new) Ba. whereas corruption may undermine economic development by obstructing business and investment on occasion;
Amendment 16 #
Motion for a resolution Recital B a (new) Ba. whereas corruption is part of the good governance principle, such as upheld and defined by articles 9(3) and 97 of the Cotonou Agreement;
Amendment 17 #
Motion for a resolution Recital C C. 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 is more frequent where enforcement of human rights is lacking or absent, and whereas corruption often
Amendment 18 #
Motion for a resolution Recital C C. whereas acts of corruption and human rights violations typically involve the misuse of power, lack of accountability and
Amendment 19 #
Motion for a resolution Recital C C. 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 is invariably more frequent where enforcement of human rights is lacking or absent, and whereas corruption often permeates the institutions which normally provide checks and balances and ensure respect for democratic principles and human rights, such as parliaments, law enforcement authorities, the judiciary and legal systems;
Amendment 2 #
Motion for a resolution Citation 14 a (new) - having regard to the Policy on preventing and deterring corruption, fraud, collusion, coercion, money laundering and the financing of terrorism in European Investment Bank (EIB) activities ("EIB Anti-Fraud Policy") adopted in 2008,
Amendment 20 #
Motion for a resolution Recital C a (new) Ca. whereas corruption is generally deeply entrenched in the mentality of the societies where it permeates and all efforts to combat it should focus first and foremost on the education system, targeting people at the earliest age possible;
Amendment 21 #
Motion for a resolution Recital D D. whereas states
Amendment 22 #
Motion for a resolution Recital D D. whereas corrupt states
Amendment 23 #
Motion for a resolution Recital E E. whereas corruption distorts the size and composition of government expenditure, seriously harming
Amendment 24 #
Motion for a resolution Recital E E. whereas corruption distorts the size and composition of government expenditure, seriously harming the state’s capacity to harness to a maximum its available resources in order to achieve full realisation of economic, social and cultural rights, and whereas corruption diverts large amounts of funding from investment in the economy
Amendment 25 #
Motion for a resolution Recital E a (new) Ea. whereas corruption in high places can seriously undermine and destabilise the countries concerned and strike at the very heart of the State;
Amendment 26 #
Motion for a resolution Recital E a (new) Ea. whereas, according to the World Bank, corruption represents 5% of global GDP (US$ 2.6 trillion) with over US$ 1 trillion paid in bribes each year. Corruption adds up to 10% of the total cost of doing business on a global basis and 25% to the cost of procurement contracts in developing countries1; __________________ 1 From International Chamber of Commerce, Transparency International, UN Global Compact, World Economic Forum, Clean Business is Good Business, 2009
Amendment 27 #
Motion for a resolution Recital E b (new) Eb. whereas the World Bank estimates that each year, US$ 20 to US$ 40 billion, corresponding to 20% to 40% of official development assistance, is stolen through high-level corruption from public budgets in developing countries and hidden overseas; 2 __________________ 2 International Chamber of Commerce, Transparency International, UN Global Compact, World Economic Forum, Clean Business is Good Business, 2009
Amendment 28 #
Motion for a resolution Recital E c (new) Amendment 29 #
Motion for a resolution Recital F F. whereas corruption, by threatening the consolidation of democracy and
Amendment 3 #
Motion for a resolution Citation 14 b (new) - having regard to the Enforcement Policy and Procedures (EPP) of the European Bank for Reconstruction and Development (EBRD) which entered into force in March 2009,
Amendment 30 #
Motion for a resolution Recital G G. whereas corruption in the judicial sector breaches the principle of non- discrimination, access to justice and the
Amendment 31 #
Motion for a resolution Recital H H. whereas
Amendment 32 #
Motion for a resolution Recital I I. whereas widespread corruption, lack of transparency, access to information and inclusive participation in decision-making prevents citizens from holding governments
Amendment 33 #
Motion for a resolution Recital I I. whereas widespread corruption, lack of transparency, access to information and inclusive participation in decision-making prevents citizens from holding governments, political representatives, and companies to account in order to ensure that revenue related to resource and market exploration is used to ensure their human rights;
Amendment 34 #
Motion for a resolution Recital J J. whereas human rights defenders, media and civil society organisations (CSOs) play a crucial role in the fight against corruption by scrutinising public budgets, monitoring the activities of governments a
Amendment 35 #
Motion for a resolution Recital J J. whereas human rights defenders, media and civil society organisations (CSOs) and investigative journalists play a crucial role in the fight against corruption by scrutinising public budgets, monitoring government activities, offering capacity- building skills and expertise and demanding transparency and accountability; whereas journalists reporting on corruption and organised crime are increasingly targeted and harassed by organised crime groups, ‘parallel powers’ and the public authorities, especially in developing countries;
Amendment 36 #
Motion for a resolution Recital J J. whereas human rights defenders, media and civil society organisations (CSOs) play a crucial role in the fight against corruption by scrutinising public budgets, monitoring government activities and the financing of political parties, offering capacity-
Amendment 37 #
Motion for a resolution Recital J a (new) Ja. whereas for decades various dictators, in particular those of the insurgent Arab countries, have benefited from the direct or indirect support, silence or inaction of the EU and its Member States regarding the transfer to private accounts of public assets and funds; whereas it is now vital to ensure that assets frozen since the outbreak of the revolutions be returned as soon as possible to the peoples of those countries and to carry out an audit of their debt burden with a view to weeding out debts wrongfully incurred for the personal benefit of dictators and their families rather than for the benefit of the peoples of the countries concerned;
Amendment 38 #
Motion for a resolution Recital J a (new) Ja. Whereas a free and independent press and media, both online and offline, are essential in ensuring transparency and scrutiny which are needed for combating corruption, by providing a platform for the exposure of corruption and by giving citizens and society access to information;
Amendment 39 #
Motion for a resolution Recital J b (new) Jb. Whereas information and communication technologies can foster transparency and access to information;
Amendment 4 #
Motion for a resolution Citation 16 a (new) - having regard to its resolution on a digital freedom strategy in EU foreign policy (P7_TA(2012)0470),
Amendment 40 #
Motion for a resolution Recital J c (new) Jc. Whereas open data and open government empower citizens to have access to information about governmental budgets and expenses;
Amendment 41 #
Motion for a resolution Recital K K. whereas whistleblowers are vital in exposing corruption, fraud, mismanagement and human rights abuses, despite high personal risk, and whereas lack of protection against retaliation, controls on information, libel and defamation laws, and inadequate investigation of whistleblowers' claims can
Amendment 42 #
Motion for a resolution Recital K K. whereas
Amendment 43 #
Motion for a resolution Recital L L. whereas emergency situations and incoming aid offer opportunities for corruption due to the nature of the activities and the complexity of actions and actors executing them, and whereas these ‘opportunities’ include bribery, extortion faced by aid agency staff, misconduct by aid agency staff, fraud, false accounting, diversion of aid received, and exploitation of the needy and
Amendment 44 #
Motion for a resolution Recital L L. whereas emergency situations and incoming aid offer opportunities for corruption due to the nature of the activities and the complexity of actions and actors executing them, and whereas these ‘opportunities’ include bribery, extortion faced by aid agency staff, misconduct by aid agency staff, fraud, false accounting, diversion of aid received, and exploitation of the needy and desperate by those in power; whereas the misappropriation of humanitarian aid is a serious violation of international humanitarian law;
Amendment 45 #
Motion for a resolution Recital L L. whereas emergency situations and incoming aid offer opportunities for corruption due to the nature of the activities and the complexity of actions and actors executing them, and whereas these ‘opportunities’ include bribery, obstruction, extortion faced by aid agency staff, misconduct by aid agency staff, fraud, false accounting, diversion of aid received, and exploitation of the needy and desperate by those in power;
Amendment 46 #
Motion for a resolution Recital L a (new) La. whereas 25% of the total opened investigations by the European Anti- Fraud Office regarded European external aid to third countries, and 17.5 millions Euros were recovered as a result of these investigations;4 __________________ 4 OLAF Annual Report 2011
Amendment 47 #
Motion for a resolution Recital L a (new) La. whereas one of the EU development cooperation objectives is to help third countries establish an open and sustainable economic system; whereas corruption is an obstacle to the achievement of that objective;
Amendment 48 #
Motion for a resolution Recital M M. whereas EU aid to developing countries
Amendment 49 #
Motion for a resolution Recital M M. whereas EU aid to developing countries and European cooperation with third countries might be wasted without a system which does not include proper checks and balances in the beneficiary countries and the full independent monitoring of the integrity system which accompanies the use of funds;
Amendment 5 #
Motion for a resolution Citation 24 a (new) - having regard to the International Code of Conduct for Private Security Service Providers,
Amendment 50 #
Motion for a resolution Recital M a (new) Ma. whereas in the current economic climate it is necessary to ensure optimum use of European funding earmarked for Member States and third countries;
Amendment 51 #
Motion for a resolution Recital M a (new) Ma. whereas the European public banks, being EU institutions (EIB) or whose majority of shareholders are EU Member States (EBRD), have allegedly been involved in corruption scandals in their operations outside of the European Union and have not sufficiently addressed the risks of corruption, fraud and degradation of human rights associated with their financial activities, despite efforts in preventing those harmful practices;
Amendment 52 #
Motion for a resolution Recital N N. whereas aid donors and international financial institutions (IFIs), such as the World Bank (WB) and the International Monetary Fund (IMF),
Amendment 53 #
Motion for a resolution Recital N N. whereas aid donors and international financial institutions (IFIs), such as the World Bank (WB) and the International Monetary Fund (IMF),
Amendment 54 #
Motion for a resolution Recital N N. whereas aid donors and international and European financial institutions (IFIs), such as the World Bank (WB)
Amendment 55 #
Motion for a resolution Recital O a (new) Oa. whereas, according to Eurobarometer, 78% of European citizens distrust political parties; whereas illicit funding, corrupt practices, and the failure to respond adequately to cases of corruption within political parties severely damage the credibility of institutions and greatly undermine citizens’ confidence in the democratic system;
Amendment 56 #
Motion for a resolution Recital P P. whereas corruption and misconduct by armed forces, the defence sector, law enforcement authorities and peacekeeping forces causes serious risks to the lives, physical integrity, protection and liberty of
Amendment 57 #
Motion for a resolution Recital P P. whereas corruption and misconduct by armed forces, the defence sector, law enforcement authorities and peacekeeping forces causes serious risks to the lives, physical integrity, protection
Amendment 58 #
Motion for a resolution Recital T T. whereas grand corruption in developing, but also in certain developed, countries occurs mostly with the
Amendment 59 #
Motion for a resolution Recital U U. whereas a human rights approach to anti-corruption policies reinforces general awareness that, in addition to public funds, citizens’ individual rights and opportunities are affected by corruption; whereas the close association of the international anti- corruption and human rights movements will raise public awareness and demand for openness, accountability and justice, and whereas linking acts of corruption to human rights violations creates new possibilities for action, especially where corruption can be challenged using existing national, regional, European and international mechanisms to monitor compliance with human rights;
Amendment 6 #
Motion for a resolution Citation 24 b (new) - having regard to the UN Human Rights Council Interim report by the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights, Cephas Lumina, " The negative impact of the non-repatriation of funds of illicit origin on the enjoyment of human rights",
Amendment 60 #
Motion for a resolution Recital U U. whereas a human rights-based approach to anti-corruption policies reinforces general awareness that, in addition to public funds, citizens' individual rights and opportunities are affected by corruption; whereas the close association of the international anti-
Amendment 61 #
Motion for a resolution Paragraph 1 1. Believes that the EU can only become a credible and influential leader in the fight against corruption if it adequately addresses the problems of organised crime, corruption and money laundering within its own borders; welcomes, in this regard, the ‘EU Anti-corruption Report’ to be issued by the Commission; hopes that the identification by the Commission of areas vulnerable to corruption in Member States will help step up anti-corruption efforts, facilitate the exchange of best practices, identify EU trends, and stimulate peer learning and further compliance with EU
Amendment 62 #
Motion for a resolution Paragraph 1 1. Believes that the EU can only become a credible and influential leader in the fight against corruption if it adequately addresses the problems of organised crime, corruption and money laundering within its own borders;
Amendment 63 #
Motion for a resolution Paragraph 1 a (new) 1a. Considers that, notably in relation to the allegations of corruption against former Health Commissioner John Dalli, the EU itself, including in particular the European Anti-Fraud Office (OLAF), needs to proceed with even greater transparency in cases where corruption is suspected, so as to be credible in the eyes not only of the European public but also of the Union’s international partners;
Amendment 64 #
Motion for a resolution Paragraph 1 a (new) 1a. Calls on the Commission to submit proposals to combat corruption within political parties so as to bring greater transparency to their financing, including annual publication of their accounts and the origin of their assets, thereby making that information accessible to civil society organisations;
Amendment 65 #
Motion for a resolution Paragraph 2 2.
Amendment 66 #
Motion for a resolution Paragraph 3 3. Is of the opinion that the EU should follow the example of the United States in enacting the Sergei Magnitsky Rule of Law Accountability Act of 2012 and adopt
Amendment 67 #
Motion for a resolution Paragraph 3 3. Is of the opinion that the EU should follow the example of the United States in enacting the Sergei Magnitsky Rule of Law Accountability Act of 2012 and adopt similar legislation at EU level, as an emblematic and operational framework
Amendment 68 #
Motion for a resolution Paragraph 3 3. Is of the opinion that the EU should follow the example of the United States in enacting the Sergei Magnitsky Rule of Law Accountability Act of 2012 and adopt similar legislation at EU level, as an emblematic and operational framework establishing the link between corruption
Amendment 69 #
Motion for a resolution Paragraph 4 4. Fully supports the EU’s commitment to embracing and mainstreaming throughout its development policies the concept of democratic ownership, that is the effective and full participation of people in the design, implementation and monitoring of development strategies and policies of donors and partner governments; is of the opinion that such policy fosters
Amendment 7 #
Motion for a resolution Citation 25 a (new) - having regard to the Transparency International report entitled ‘ Anti- Corruption Clauses in Development Cooperation Agreements’;
Amendment 70 #
Motion for a resolution Paragraph 4 4. Fully supports the EU's commitment to embracing and mainstreaming throughout its development policies the concept of democratic ownership, that is the effective and full participation of people in the design, implementation and monitoring of development strategies and policies of donors and partner governments; is of the opinion that such policy fosters involvement of programme beneficiaries and therefore contributes to greater monitoring and accountability in the fight against corruption; requests that the Commission continue to foster high levels of aid transparency in digital, machine- readable formats and using a common standard to ensure comparability both with other donors, and also, more particularly, in line
Amendment 71 #
Motion for a resolution Paragraph 4 4. Fully supports the EU's commitment to embrac
Amendment 72 #
Motion for a resolution Paragraph 4 a (new) 4a. Stresses that, to ensure that the blending facilities expand the effectiveness of development finance, the governance of those instruments needs to be reviewed, with the aim of granting greater transparency in project selection criteria and accountability to society as a whole; recalls that establishing a critical number of minimum requirements for project selection, monitoring and evaluation could facilitate comparability and a coherent basis for information on the performance of operations; notes that progress and development impact of projects should be systematically reported to justify the use of aid resources by blending facilities, not only to the donors and the European financial institutions involved, but also to the general public;
Amendment 73 #
Motion for a resolution Paragraph 5 5. Takes the view that the Commission should impose the highest levels of integrity in the procurement processes for implementation of EU-funded projects, promoting namely greater accessibility to calls for tender for local organisations; stresses that a human rights approach to procurement benefits from the participation of a broader range of actors, namely those affected by the bidding process (such as associations of land-owners as well as disadvantaged groups); questions the purpose and usefulness of some projects and their quality; encourages authorities to empower disadvantaged groups to compete in procurement processes themselves and broaden the criteria against which companies are assessed in procurement processes; recalls that monitoring results of projects in cooperation with civil society
Amendment 74 #
Motion for a resolution Paragraph 5 5. Takes the view that the Commission should impose the highest levels of integrity in the procurement processes for implementation of EU-funded projects, promoting namely greater accessibility to calls for tender for local organisations; stresses that a human rights-based approach to procurement benefits from the participation of a broader range of actors, namely those affected by the bidding process (such as associations of land- owners as well as disadvantaged groups); questions the purpose and usefulness of projects and their quality; encourages authorities to empower disadvantaged groups to compete in procurement processes themselves and broaden the criteria against which companies are assessed in procurement processes; recalls that monitoring results of projects in cooperation with civil society and holding local authorities accountable is essential to determine whether EU funds are used appropriately; urges the Commission not to grant projects to contractors whose beneficial owners are not known, or who have a corporate structure that enables them to easily engage
Amendment 75 #
Motion for a resolution Paragraph 5 a (new) 5a. Urges the EU to further transparency by supporting the creation of a global system to track aid pledges, in order to be able to hold donor countries to their promises of aid and to hold them accountable for the projects, institutions or groups that they support;
Amendment 76 #
Motion for a resolution Paragraph 6 6. Recalls, moreover, the need to prevent corrupt techniques such as inflation of project costs (by deliberately delaying project realisation), payments for fictitious projects and workers, inappropriate and corrupt use of economic and/or industrial offsets, outright stealing of state funds, inflated travel expenses and bribes, among other things, in the implementation of EU- funded projects; insists, therefore, on the need to monitor the entire length of the EU-funding chain, including policy- making and regulation, planning and budgeting, financing, fiscal transfers, management and programme development, tendering and procurement, construction,
Amendment 77 #
Motion for a resolution Paragraph 7 7. Suggests that the Commission opens up a 'trust-line' for reporting on cases of possible abuse and non-transparent conduct and produce policy guidelines on the treatment of information provided by whistleblowers regarding misuse of EU funds in third countries, allowing for a proper follow-up, feedback and protection against retaliation, paying particular attention to the situation of women in many developing countries as they are particularly prone to be the targets of corruption and to cooperate in exposing it, but also to be more vulnerable and stigmatised for cooperating;
Amendment 78 #
Motion for a resolution Paragraph 7 7. Suggests that the Commission produce policy guidelines on the treatment of information provided by whistleblowers regarding misuse of EU funds in third countries, allowing for a proper follow-up, feedback and protection against retaliation,
Amendment 79 #
Motion for a resolution Paragraph 8 8. Stresses that the EU must emphasise the importance of implementing the right to participation and the right to access information and mechanisms of public accountability such as open data as core principles of democracy in all platforms of dialogue with third countries, including in bilateral relations and at the highest level; stresses that freedom of the press and media, both online and offline are vital in this regard; suggests that the EU finance projects in third countries to support the enforcement of these principles, especially in countries going through democratisation processes, ensuring gender mainstreaming and assisting in the formulation of laws for the effective protection of whistleblowers;
Amendment 8 #
Motion for a resolution Recital A A. whereas corruption can be defined as the abuse of entrusted power for private gain, and whereas acts of corruption include the crimes of bribery, embezzlement, trading in influence, abuse of functions and illicit enrichment, as defined by the UNCAC; whereas corruption may be linked to organised crime operating under collective leadership alongside official structures, particularly where the authorities fail to establish a presence or are unequal to the task of ensuring the democratic functioning of institutions, for example in the area of public order and judicial control, or assuming sole responsibility for law enforcement in accordance with international rules and standards;
Amendment 80 #
Motion for a resolution Paragraph 8 8. Stresses that the EU must emphasise the importance of implementing the right to participation and the right to access information and mechanisms of public accountability as core principles of democracy in all platforms of dialogue with third countries, including in bilateral relations and at the highest level; suggests that the EU finance projects in third countries to support the enforcement of these principles, especially in countries going through democratisation processes, ensuring
Amendment 81 #
Motion for a resolution Paragraph 9 9. Notes, in this regard, that the EU must lead by example; insists that the EU and its Member States should actively engage in international initiatives for greater budget transparency, such as the Open Government Partnership, the Open Budget Initiative
Amendment 82 #
Motion for a resolution Paragraph 10 10.
Amendment 83 #
Motion for a resolution Paragraph 10 10. Urges the Commission to propose an extension of the definition of human rights defenders in the EU Guidelines on Human Rights Defenders to include anti-corruption activists and, notably, whistleblowers; highlights the potential role of trade unions and their activists in this regard;
Amendment 84 #
Motion for a resolution Paragraph 11 11. Points out that the EU, as a major donor, should follow and expand recent instances of linking the delivering of EU external aid to budget reforms towards greater transparency, access to data and participatory processes and harmonising guiding principles in this regard with other donors; is of the opinion that the EU should establish clear and public benchmarks and
Amendment 85 #
Motion for a resolution Paragraph 11 11. Points out that the EU, as a
Amendment 86 #
Motion for a resolution Paragraph 12 12. Points out,
Amendment 87 #
Motion for a resolution Paragraph 12 12. Points out, on the other hand, that the EU should not foster ‘advanced partnerships’ with kleptocratic regimes which do not show the political will to genuinely implement the above-mentioned principles, unless dialogue, pressure and cooperation from the EU towards the need for reform is visible and transparent, and without integrating adequate and ambitious monitoring mechanisms with clearly-defined human rights clauses which would allow any partnership agreement to be suspended in the face of gross human rights violations; takes the view that the EU should publicly condemn the enactment of laws which restrict the freedom of the media and the activities of civil society as cornerstones of accountability and that it should draw up strategies to adapt relations with those countries so as to foster reform in a visible way;
Amendment 88 #
Motion for a resolution Paragraph 12 12. Points out, on the other hand, that the EU should not foster ‘advanced partnerships’ with kleptocratic regimes which do not show the political will to genuinely implement the above-mentioned principles, unless political dialogue, pressure and cooperation from the EU towards the need for reform is visible and transparent; takes the view that the EU should observe the human rights clause in its agreements with third countries and publicly condemn the enactment of laws which restrict the freedom of the media and the
Amendment 89 #
Motion for a resolution Paragraph 12 a (new) 12a. Supports increased transparency of decision-making on investments of European public money, namely in projects of the EIB and the EBRD which may have an adverse impact on human rights; urges the EIB and the EBRD to strengthen their anti-fraud and anti- corruption policies, in order to ensure full transparency of investments outside of the European Union; stresses the need for the EIB and the EBRD to affirm their willingness to avoid risky investments, especially through financial intermediaries, and to adopt a risk-based approach and improved assessments of the human rights impact of the projects they support, in addition to conducting sound human rights and integrity due diligence of all of their clients' operations; takes the view that particular attention should be paid to ensuring public participation as well as free prior and informed consultation of communities affected at all stages of the planning, implementation, monitoring and evaluation of projects financed; urges EU Member States and the European Commission to use their influence as exclusive members of the EIB and major shareholders of the EBRD to foster significant reform of these institutions to allow greater democratic scrutiny of their decisions and accountability;
Amendment 9 #
Motion for a resolution Recital A A. whereas corruption can be defined as the abuse of entrusted power for
Amendment 90 #
Motion for a resolution Paragraph 13 Amendment 91 #
Motion for a resolution Paragraph 13 13. Considers that international financial institutions, like the IMF and the World Bank Group, as well as EU institutions like the EBRD and the EIB, should be instructed by EU Member States to always conduct a corruption risk assessment in the measures imposed on debtor countries
Amendment 92 #
Motion for a resolution Paragraph 14 14. Calls on bilateral and multilateral financial institutions, including the World Bank Group,
Amendment 93 #
Motion for a resolution Paragraph 14 14. Calls on bilateral and multilateral financial institutions, including the World Bank Group, IMF, regional development banks, export credit agencies and private sector banks, to require companies, particularly extractive companies, and governments to comply with the ‘Publish What You Pay’ requirements and/or EITI standards on transparency of payments as a pre-
Amendment 94 #
Motion for a resolution Paragraph 14 a (new) 14a. Welcomes the G20 Seoul Anti- Corruption Action Plan and believes that the momentum created should be sustained so as to ensure a coordinated international effort meant to combat corruption in key areas;
Amendment 95 #
Motion for a resolution Paragraph 15 15. Requests EU Member States to amend their criminal laws, where necessary, to establish jurisdiction over individuals and legal entities of any nationality found on their territory who have committed acts of bribery or embezzlement of public funds, regardless of where the crime occurred, as long as the proceeds of those criminal activities are found in the Member State in question or have been laundered there, or the person has a ‘close connection’ with the Member State, namely through citizenship, residence (or registered place of business) or beneficial ownership of a company headquartered or with subsidiaries in the Member State;
Amendment 96 #
Motion for a resolution Paragraph 15 a (new) 15a. Points out, however, that EU Member States should exercise cautious judgement when providing information to third countries on individuals accused of corruption, embezzlement or tax evasion, so as to not unjustly implicate human rights defenders, as was the case with Ales Bialiatski who was arrested in Belarus in 2011 following information provided to Belarusian authorities by Ministries of two EU Member States and imprisoned on false charges of tax evasion;
Amendment 97 #
Motion for a resolution Paragraph 16 16. Takes the view that defamation/libel laws
Amendment 98 #
Motion for a resolution Paragraph 16 a (new) 16a. Highlights the fact that tax evasion by financial institutions, companies and wealthy people is one of the causes of national debt; insists therefore on the adoption of coercive measures to stamp out this phenomenon; invites the Member States to work towards the establishment of a single tax area within the EU and to support countries with which the Union has particular ties, notably under the European neighbourhood policy, in their endeavours along similar lines;
Amendment 99 #
Motion for a resolution Paragraph 16 a (new) 16a. Urges the Member States, as recommended by the UNCAC, to adopt legislative and other measures to establish as a criminal offence, when committed intentionally, illicit enrichment, that is, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income;
source: PE-513.086
2013/06/04
DEVE
25 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Stresses that systemic corruption undermines democracy, governance and the rule of law and weakens state institutions
Amendment 10 #
Draft opinion Paragraph 2 c (new) 2c. Stresses that development aid can help support the fight against corruption by encouraging change, ensuring the transparency of aid flows, promoting political dialogue on governance issues and backing efforts by partner countries to tackle corruption; emphasises the importance of the International Aid Transparency Initiative (IATI), which is the international standard on the publication of aid flows;
Amendment 11 #
Draft opinion Paragraph 2 d (new) 2d. Calls for transparent, fair trade and equitable investment policy to fight against illicit financial flows without which the quality of governance including the ability to collect tax is undermined and the right of the population such as the right to have access to education and health can not be fulfilled,
Amendment 12 #
Draft opinion Paragraph 3 3. Stresses that corruption is a global phenomenon and that the EU needs to fight both the external and the internal dimension of
Amendment 13 #
Draft opinion Paragraph 3 3. Stresses that corruption is a global phenomenon that needs to be prevented, punished and eradicated and that the EU needs a common approach to fighting both the external and the internal dimension of corruption in order to limit the chances that the EU exports corruption; calls, in this context, for greater accountability and traceability regarding the use of EU aid money and for the establishment of a framework for initiating legal proceedings against EU individuals and companies suspected of engaging in corruption in third countries;
Amendment 14 #
Draft opinion Paragraph 3 3. Stresses that corruption is a global phenomenon and that the EU needs to fight both the external and the internal dimension of corruption in order to limit
Amendment 15 #
Draft opinion Paragraph 3 a (new) 3 a. Is of the opinion that fighting corruption implies eradication of tax heavens, tax evasion and illicit capital flights from developing countries, by putting legislation in place, which obliges transnational corporate companies to automatically disclose their profits and the taxes paid, in every developing countries where they operate;,
Amendment 16 #
Draft opinion Paragraph 3 b (new) 3b. Draws attention to the existence of a handbook based on the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which allows companies to take effective internal control, ethical and compliance measures in order to prevent and detect cross- border corruption;
Amendment 17 #
Draft opinion Paragraph 3 c (new) 3 c. Stresses the important role that national parliaments and civil society organisations can play in holding accountable their respective governments by monitoring government revenue, transnational corporate companies tax payment and investment contracts; calls on developing countries to create favourable conditions in a way that the parliaments and civil society organisations play their watch dog role;
Amendment 18 #
Draft opinion Paragraph 3 d (new) 3d. Suggests that particular efforts be made with the help of existing specialised international bodies to step up the fight against corruption in emerging and developing countries in order to introduce the reforms required to prevent and detect corruption in close cooperation with those States;
Amendment 19 #
Draft opinion Paragraph 4 a (new) 4 a. Stresses that corruption creates obstacles to foreign direct investment (FDI) and discourages external actors from engaging in economic cooperation with developing countries;
Amendment 2 #
Draft opinion Paragraph 1 1. Stresses that
Amendment 20 #
Draft opinion Paragraph 4 b (new) 4 b. Stresses that corruption increases inequality and breeds poverty by perpetuating tax evasion; notes with concern that corruption costs African economies 148 billion USD per year and is responsible for losses of up to 50% of countries' tax revenue, which in most cases is higher the entire foreign debt; underlines that aid is also tainted by corruption, with huge sums finding their way into foreign bank accounts;
Amendment 21 #
Draft opinion Paragraph 4 c (new) 4c. Calls on the EU and Member States to provide political, legal and technical assistance to developing countries that wish to recover stolen assets (or assets accumulated illegally by dictatorships) in the territory of the European Union;
Amendment 22 #
Draft opinion Paragraph 5 5. Believes that fighting corruption is part of broader efforts to promote good governance, which is defined as one of the key priorities to enhance the effectiveness of EU development policy in the 2011 Agenda for Change (COM(2011)637); emphasises the need for the full and immediate enforcement of the UN Convention against Corruption.
Amendment 23 #
Draft opinion Paragraph 5 5. Believes that fighting corruption, including tax heavens, tax evasion and illicit capital flights, is part of broader efforts to promote good governance, which is defined as one of the key priorities to enhance the effectiveness of EU development policy in the 2011 Agenda for Change (COM(2011)637).
Amendment 24 #
Draft opinion Paragraph 5 a (new) 5 a. Recalls the commitments undertaken through the Busan Partnership for Effective Development and calls on the EU and its Members states to implement them in order to intensify the joint efforts to fight corruption and illicit flows;
Amendment 25 #
Draft opinion Paragraph 5 b (new) 5b. Believes that ensuring the consistency of development policies is essential in order to tackle and eradicate corruption; emphasises also that we need to increase our assistance under the DCI and the EDF in the areas of fiscal governance and action on tax fraud.
Amendment 3 #
Draft opinion Paragraph 1 a (new) 1a. believes that corruption is not only limited to bribery of public officials but also covers tax avoidance and tax evasion operating under secrecy which undermine public interest;
Amendment 4 #
Draft opinion Paragraph 1 b (new) 1b. Notes that the fight against corruption in the public and private sectors can also have an influence on political stability; stresses that the fight against corruption requires access to education for all so that public or private sector posts can be filled fairly;
Amendment 5 #
Draft opinion Paragraph 1 c (new) 1c. Points out that the real obstacles to the fight against corruption are both the interests of the politico-administrative hierarchy and the fatalism and ignorance of its victims, which are often sustained by a culture of fear;
Amendment 6 #
Draft opinion Paragraph 1 d (new) 1d. Emphasises that the fight against corruption is impossible without free and easy access to justice for all citizens;
Amendment 7 #
Draft opinion Paragraph 2 2. Recognises that corruption misallocates resources and is detrimental to sustained economic growth and poverty reduction, and is one of the obstacles to the achievement of the Millennium Development Goals; recalls that the cost of corruption is estimated at over 5 % of global GDP, far exceeding the value of global official development assistance, and that bribes paid yearly are thought to be equivalent to the GDP of Africa, while, at the same time, some 1.4 billion people worldwide still live in poverty; condemns corruption as it violates the principles of equality and non-discrimination, in particular when it means that access to basic services such as health, education or water is dependent on bribes
Amendment 8 #
Draft opinion Paragraph 2 a (new) 2 a. Stresses that corruption often fuels crime and contributes to conflict and fragility and takes the view that fighting corruption should be given greater weight in EU's conflict prevention efforts and its actions in dealing with situations of fragility;
Amendment 9 #
Draft opinion Paragraph 2 b (new) 2 b. Emphasizes that the poorest people in developing countries relying heavily in public services are hurt disproportionally by petty corruption, including the so- called "quiet corruption" when public servants fail to deliver services or inputs that have been paid for by the government (absentee teachers in public schools or absentee doctors in primary clinics);
source: PE-513.074
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