Awaiting committee decision
2018/2154(INI) Human rights concerns in private military and security companies’ operations affecting third countries
Lead committee dossier: AFET/8/13888
Legal Basis RoP 52
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | AFET | KARSKI Karol (ECR) | QUISTHOUDT-ROWOHL Godelieve (EPP), GOMES Ana (S&D), WEBER Renate (ALDE), URBÁN CRESPO Miguel (GUE/NGL), BUCHNER Klaus (Verts/ALE), CORRAO Ignazio (EFD) |
Legal Basis RoP 52
Activites
-
2019/01/14
Indicative plenary sitting date, 1st reading/single reading
-
2018/11/21
Vote scheduled in committee, 1st reading/single reading
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2018/07/05
Committee referral announced in Parliament, 1st reading/single reading
Documents
| Amendments | Dossier |
| 253 |
2018/2154(INI)
2018/09/19
AFET
253 amendments...
Amendment 1 #
Motion for a resolution Citation 11 – having regard to the report of the High Commissioner for Human Rights of May 2016 on improving accountability and access to remedy for victims of business- related human rights abuse (A/HRC/32/19), containing normative and practical guidance for States on how to enhance the effectiveness of domestic judicial systems in providing legal accountability and remedy in cases involving human rights abuse by business, including private military and security companies,
Amendment 10 #
Motion for a resolution Citation 18 d (new) – having regard to the EU Concept for Logistic Support for EU-led Military Operations and the EU Concept for Contractor Support to EU-led Military Operations,
Amendment 100 #
Motion for a resolution Recital M a (new) Ma. whereas there are numerous reports of human rights abuse in private for-profit prisons; whereas one of the most recent examples is that of illegally detained children in the United States; whereas in the European Union there have also been reports of abuse by private security guards, notably on asylum seekers;
Amendment 101 #
Motion for a resolution Recital N N. whereas few countries have national legislation that covers the activities of PMSCs abroad; whereas the rules governing PMSCs are spread over several regulatory instruments (laws, military ordinances, decrees, ministerial guidelines, calls for tender, etc.); whereas some remain classified (such as the rules of engagement in the Occupied Palestinian Territory) or are subject to constant variation (such as the criteria for granting contracts in Iraq) resulting in legal uncertainty; whereas taking into account the transnational nature of PMSCs and the challenges faced in applying national laws to international PMSCs operating in foreign states, national legislation alone is insufficient to adequately cover and control the impact of the sector worldwide; whereas a comprehensive regulatory approach is needed – including national and international legislation – as regards the activities of PMSCs; whereas it is appropriate to establish an international legal framework with binding regulatory and control mechanisms;
Amendment 102 #
Motion for a resolution Recital N a (new) Na. whereas all states and all business enterprises are bound by the UN Guiding Principles on Business and Human Rights, whether transnational or other, regardless of their size, sector, location, ownership and structure, but pointing out that these currently lack effective control and sanction mechanisms;
Amendment 103 #
Motion for a resolution Recital N b (new) Nb. whereas the UN Global Compact, comprising ten principles, asks corporations to embrace, support and enact, within their sphere of influence, a set of core values in the areas of human rights, labour standards, the environment and the fight against corruption, making a commitment to those values and integrating them into their business operations on a voluntary basis, but pointing out that this Compact is insufficient given that it continues to rely on voluntary compliance with its content;
Amendment 104 #
Motion for a resolution Recital N c (new) Nc. whereas protecting human rights must be a priority for the Member States and the Union itself, which should have an obligation to prevent European business enterprises from violating human rights regardless of the place where infringements are committed; whereas this priority requires the introduction of effective control and sanction mechanisms to deal with these violations, and measures to provide redress for rights that have been violated;
Amendment 105 #
Motion for a resolution Recital O Amendment 106 #
Motion for a resolution Recital O O. whereas
Amendment 107 #
Motion for a resolution Recital O a (new) Oa. notes, that in 2011 the UK Government announced that the ADS trade association would work with the Foreign Office to “develop, implement and enforce robust standards concerning the activity of UK-based PMSCs”;
Amendment 108 #
Motion for a resolution Recital P Amendment 109 #
Motion for a resolution Recital P Amendment 11 #
Motion for a resolution Citation 18 e (new) – having regard to its resolution of 8 October 2013 on corruption in the public and private sectors: the impact on human rights in third countries and its resolution of 6 February 2013 on Corporate Social Responsibility: promoting society’s interests and a route to sustainable and inclusive recovery,
Amendment 110 #
Motion for a resolution Recital P Amendment 111 #
Motion for a resolution Recital P P. whereas Russia’s authorities opposed attempts to regulate the activities of Russian PMSCs; whereas the lack of a fully fledged legal and regulatory framework in Russia allows the Kremlin to better control these paramilitary organisations
Amendment 112 #
Motion for a resolution Recital Q Q. whereas the Montreux Document is the first major document to define how international law applies to PMSCs; whereas 54 states support the Montreux Document; whereas the EU endorsed the Montreux Document on 27 July 2012; whereas the International Code of Conduct for Private Security Service Providers (ICoC) defines industry standards; whereas the International Code of Conduct for Private Security Providers’ Association (ICoCA) has the aim of promoting, managing and supervising the implementation of the ICoC and encouraging the responsible provision of security services and respect for human rights and national and international law; whereas affiliation to ICoCA is brought about by a voluntary act, accompanied by a payment, and the high membership charges do not permit all private security companies to become members;
Amendment 113 #
Motion for a resolution Recital Q Q. whereas the Montreux Document is the first major document to define how international law applies to PMSCs; whereas 54 states support the Montreux Document; whereas the EU endorsed the Montreux Document on 27 July 2012; whereas the International Code of Conduct
Amendment 114 #
Motion for a resolution Recital Q a (new) Qa. whereas the International Code of Conduct for Private Security Providers' Association (ICoCA) has the aim of promoting, managing and supervising the implementation of the ICoC and encouraging the responsible provision of security services and respect for human rights and national and international law, but whereas affiliation to ICoCA is brought about by a voluntary act, accompanied by a payment, and the high membership charges do not permit all private security companies to become members;
Amendment 115 #
Motion for a resolution Recital R R. whereas initiatives such as the Montreux Document and the ICoC have helped to clarify and raise awareness of
Amendment 116 #
Motion for a resolution Recital R R. whereas initiatives such as the Montreux Document and the ICoC have helped to clarify and raise awareness of states’ obligations with respect to PMSCs; whereas these initiatives are non-binding and voluntary, with no significant penalty for non-compliance or for the commission of human rights violations, beyond being expelled from the I
Amendment 117 #
Motion for a resolution Recital R R. whereas initiatives such as the Montreux Document and the ICoC have helped to clarify and raise awareness of states’ obligations with respect to PMSCs; whereas these initiatives are non-binding and voluntary, with no significant penalty for non-compliance or for the commission of human rights violations, beyond being expelled from the International Code of Conduct for Private Security Service Providers’ Association
Amendment 118 #
Motion for a resolution Recital R R. whereas initiatives such as the Montreux Document and the ICoC have helped to clarify and raise awareness of states’ obligations with respect to PMSCs; whereas these initiatives are non-binding and voluntary, with no
Amendment 119 #
Motion for a resolution Recital R a (new) Ra. whereas PMSCs have been used in both civilian and military Common Security and Defence Policy (CSDP) missions, to guard EU delegations, for the construction of field camps, training, air lift and to support humanitarian aid activities;
Amendment 12 #
Motion for a resolution Citation 19 a (new) – having regard to its resolution of 8 October 2013 on corruption in the public and private sectors: the impact on human rights in third countries,
Amendment 120 #
Motion for a resolution Recital R b (new) Rb. whereas, in the context of the EU, Member State practices on the use of PMSCs, the procedures for contracting them, and the quality of regulatory systems vary widely;
Amendment 121 #
Motion for a resolution Recital R c (new) Amendment 122 #
Motion for a resolution Recital S S. whereas considerable regulatory gaps remain – notably regarding the use of force and firearms in the course of duty, the acquisition of weapons and arms trafficking, maritime security services, the issue of extra-territoriality and accountability, the availability of effective remedies for victims, and civil liability of individuals and corporate actors – meaning that PMSCs are still largely able to operate outside the constraints of legal supervision; whereas the absence of a legally binding international instrument also poses considerable challenges in monitoring and supervising the activities of PMSCs; whereas non-homogenous international legislation and self-regulation by PMSCs provide a weak deterrent to prevent abuse and can affect the way in which PMSCs themselves operate in multilateral interventions, in conflict situations and in conflict regions;
Amendment 123 #
Motion for a resolution Recital S S. whereas considerable regulatory gaps remain at the European and international level – notably regarding the use of force and firearms in the course of duty, the acquisition of weapons and arms trafficking, maritime security services, the issue of extra-territoriality and accountability, the availability of effective remedies for victims, and civil liability of individuals and corporate actors – meaning that PMSCs are still largely able to operate outside the constraints of legal supervision; whereas the absence of a legally binding international instrument also poses considerable challenges in monitoring and supervising the activities of PMSCs;
Amendment 124 #
Motion for a resolution Recital S a (new) Sa. whereas PMSCs could play a more important role in the fight against piracy and in improving maritime security, in missions involving cyber defence, research and development of security tools, mixed surveillance missions and training in cooperation with, and under the supervision of, public authorities; whereas the use of armed PSCs has created specific challenges for the maritime sector and has resulted in numerous incidents which have led to the loss of life and diplomatic conflicts;
Amendment 125 #
Motion for a resolution Recital S a (new) Sa. whereas the EU and its Member States should aim at avoiding these situations in the future, and refrain from outsourcing military operations that imply the use of force and weaponry, participating in hostilities and otherwise engaging in combat or combat areas, beyond legitimate self-defence;
Amendment 126 #
Motion for a resolution Recital S a (new) Sa. whereas globally the private security industry was valued up to USD 200 billion in 2016 with around 100 000 PSCs and 3.5 million employees;
Amendment 127 #
Motion for a resolution Recital S b (new) Amendment 128 #
Motion for a resolution Recital S b (new) Sb. whereas the security and defence of citizens should be primarily provided by the authorities;
Amendment 129 #
Motion for a resolution Paragraph -1 (new) -1. Expresses it serious concern at the wide range of violations of human rights and international humanitarian law that continue to be reported in relation to the activities of PMSCs worldwide and urges the EU and its Members States to take resolute action to address the accountability gap related to these actors; reminds all States of their obligation to ensure respect of human rights by PMSCs under their jurisdiction or operating within their territory;
Amendment 13 #
– having regard to the report entitled ‘Border Wars – The arms dealers profiting from Europe’s refugee tragedy’ by the Transnational Institute, the Centre Delàs d’Estudis per la Pau and Stop Wapenhandel, having regard to the report by the same organisation entitled ‘Market Forces: The development of the EU Security-Industrial Complex’, and having regard to the report entitled ‘Expanding the fortress: the policies, the profiteers and the people shaped by the EU’s border externalisation programme’,
Amendment 130 #
Motion for a resolution Paragraph 1 1. Notes that PMSCs play an important complementary role in aiding a state’s military and civilian agencies by closing capability gaps created by increasing demand for the use of forces abroad; underlines, however, that no activities should be outsourced to PSCs that would involve the use of force and/or active participation in hostilities, except for self-defence, and under no circumstances should PMSCs be allowed to take part in or conduct interrogations; points out that the work of armed forces and security forces abroad is of fundamental value for peace- keeping and conflict prevention, as well as for the social reconstruction and national reconciliation that follows;
Amendment 131 #
Motion for a resolution Paragraph 1 1. Notes
Amendment 132 #
Motion for a resolution Paragraph 1 1. Notes
Amendment 133 #
Motion for a resolution Paragraph 1 1. Notes that
Amendment 134 #
Motion for a resolution Paragraph 1 1. Notes that legitimate PMSCs play an important complementary role in aiding a state’s military and civilian agencies by closing capability gaps created by increasing demand for the use of forces abroad; underlines, however, that no activities should be outsourced to PMSCs that would involve the use of force and/or active participation in hostilities, except for self-defence, and under no circumstances should PMSCs be allowed to take part in or conduct interrogations;
Amendment 135 #
Motion for a resolution Paragraph 1 1. Notes that PMSCs play an important complementary role in aiding a state’s military and civilian agencies by closing capability gaps created by
Amendment 136 #
Motion for a resolution Paragraph 1 a (new) 1a. Notes a growing confluence of interests between European political leaders who are seeking to militarise their borders and the main defence and security contractors who provide these services; our military-security-industrial complex is today stronger than ever, and is utilising technologies oriented towards external and internal considerations, and which at present are being directed against some of the most vulnerable and desperate people on earth;
Amendment 137 #
Motion for a resolution Paragraph 1 a (new) 1a. Underscores the need for PSCs, when operating in host countries and particularly those that significantly differ in terms of culture and religion, to be mindful of local customs and habits in order not to jeopardise the effectiveness of their mission and alienate the local population;
Amendment 138 #
Motion for a resolution Paragraph 1 a (new) 1a. Stresses the need for a categorical prohibition of allowing PSC to engage in war or combat areas and of outsourcing military operations that imply use of force and weaponry or participation in hostilities, allowing thus only self-defence in case of attack;
Amendment 139 #
Motion for a resolution Paragraph 1 b (new) 1b. Stresses that the outsourcing of activities or services to PSCs should be limited to logistic support and protection of installations, and that the presence of PSCs should be limited to non-combat areas;
Amendment 14 #
Motion for a resolution Recital -A (new) -A. whereas a distinction needs to be made between legitimate, well-ordered PMSCs, operating according to high standards and others that are criminal organisations or proxies for rogue states. Similarly, PMSCs engaged in security support tasks should not be in the same bracket as organisations engaged in high- intensity tasks such as armed combat;
Amendment 140 #
Motion for a resolution Paragraph 2 2. Expresses its concern at the proliferation of PMSCs worldwide and the impact of the activities of PMSCs on the enjoyment of human rights, as well as on the activities of civil society organizations and human rights defenders; is alarmed by serious violations of human rights and international humanitarian law linked to the activities of PMSCs and the lack of accountability for many abuses;
Amendment 141 #
Motion for a resolution Paragraph 2 2. Expresses its concern at the proliferation of PMSCs worldwide and the impact of the activities of PMSCs on the enjoyment of human rights, as well as the activities of civil society actors and human rights defenders; is alarmed by serious violations of human rights and international humanitarian law linked to the activities of PMSCs and the lack of accountability for many abuses;
Amendment 142 #
Motion for a resolution Paragraph 2 2. Expresses its concern at the proliferation of PSCs in the EU and PMSCs worldwide and the impact of the activities of PMSCs on the enjoyment of human rights; is alarmed by serious violations of human rights and international humanitarian law linked to the activities of PMSCs and the lack of accountability for many abuses;
Amendment 143 #
Motion for a resolution Paragraph 2 2. Expresses its concern at the proliferation of PMSCs worldwide and the impact of the activities of PMSCs on
Amendment 144 #
Motion for a resolution Paragraph 2 2. Expresses its concern
Amendment 145 #
Motion for a resolution Paragraph 3 Amendment 146 #
Motion for a resolution Paragraph 3 Amendment 147 #
Motion for a resolution Paragraph 3 Amendment 148 #
Motion for a resolution Paragraph 3 3. Is alarmed in particular by the outsourcing of inherent state functions to private entities; holds the view that such outsourcing creates great risks for non- respect of human rights, especially when PMSCs are operating in armed conflicts or in privatised prisons or immigration-related detention facilities; is concerned by the lack of accountability these schemes create, not only for PMSCs but also for the States who contract them; recalls the European Parliament’s resolution of 5 October 2017 on prison systems and conditions;
Amendment 149 #
Motion for a resolution Paragraph 3 3.
Amendment 15 #
Motion for a resolution Recital A A. whereas the number of private military and security companies (PMSCs) has dramatically increased over the past 20 years
Amendment 150 #
Motion for a resolution Paragraph 3 3. Is alarmed in particular by the outsourcing of inherent state functions to private entities; holds the view that such outsourcing creates great risks for human rights
Amendment 151 #
Motion for a resolution Paragraph 4 Amendment 152 #
Motion for a resolution Paragraph 4 4. Stresses that the existing regulatory gaps create potential risks to various fundamental human rights, such as the right to security, the right to life, the prohibition of the arbitrary deprivation of liberty, the prohibition of torture, cruel, inhuman or degrading treatment and the right of victims to effective remedies; recalls that accountability and oversight mechanisms are crucial in order to ensure that the potential benefits of PMSCs are fully obtained;
Amendment 153 #
Motion for a resolution Paragraph 4 a (new) 4a. Notes that the EU makes use of PSCs abroad to guard its delegations and staff and to support its civilian and military CSDP missions; notes that their use thus directly contributes to the EU’s reputation and perception by third parties, which makes them important facets of the EU’s local presence and impacts on the level of trust in the EU;
Amendment 154 #
Motion for a resolution Paragraph 4 a (new) 4a. Acknowledges that there are many situations where PMSCs provide a valuable capability resource, such as guarding maritime commerce and shipping, or where the deployment of a national military force would be inappropriate;
Amendment 155 #
Motion for a resolution Paragraph 4 a (new) 4a. Is particularly concerned by the human rights violations perpetrated against women, whether they are civilians in host countries, combatants in conflicts or PMSCs employees, as well as against children;
Amendment 156 #
Motion for a resolution Paragraph 4 b (new) 4b. Notes that all States have an obligation to ensure that all actors respect international human rights law. This includes States in which PMSCs are incorporated or otherwise operating;
Amendment 157 #
Motion for a resolution Paragraph 4 c (new) 4c. Notes that employees from PMSCs can also be subject to human rights abuse, including labour trafficking through false employment promises, retention of their passports and denial of visas and other paperwork;
Amendment 158 #
Prevention
Amendment 159 #
Motion for a resolution Paragraph 5 5. Stresses the importance of preventing and protecting against human rights abuses perpetrated by PMSCs;
Amendment 16 #
Motion for a resolution Recital A A. whereas the number of private military and security companies (PMSCs) has dramatically increased over the past 20 years; whereas globally the private security industry was valued up to USD 200 billion in 2016 with around 100 000 PSCs and 3.5 million employees; whereas PMSCs are performing many activities both in and outside of situations of armed conflict armed conflict, for example demining, escorting convoys, protecting mines and oil refineries, interrogation, intelligence services, protecting commercial shipping from piracy, providing floating armouries, participating in drug-eradication efforts, working in prisons and detention centres and even conducting offensive military
Amendment 160 #
Motion for a resolution Paragraph 5 5. Stresses the importance of preventing and protecting against human rights abuses perpetrated by PMSCs; reiterates the need for PMSCs, when operating in host countries, and in particular in those that differ significantly in terms of culture and religion, to be mindful of local customs and habits so as not to jeopardise the effectiveness of their
Amendment 161 #
Motion for a resolution Paragraph 5 5. Stresses the importance of preventing and protecting against human rights abuses perpetrated by PMSCs; reiterates the need for PMSCs to respect human rights and international law, when operating in host countries, and in particular in those that differ significantly in terms of culture and religion, to be mindful of local customs and habits so as not to jeopardise the effectiveness of their mission and alienate the local population;
Amendment 162 #
Motion for a resolution Paragraph 5 a (new) 5a. Reaffirms the urgent need to act in a continuous, effective and coherent manner at all levels, national, European and international, in order to effectively address the legal problems resulting from the extra-territorial dimension of companies and of their conduct, and the related uncertainty as to where the civil and/or criminal liability for human rights violations lies; notes that the use of PMSCs must be heavily regulated and controlled, and wholly rejects the use of private companies for military ends and in the area of security and defence;
Amendment 163 #
Motion for a resolution Paragraph 6 6.
Amendment 164 #
Motion for a resolution Paragraph 6 6. Calls for the EU to
Amendment 165 #
Motion for a resolution Paragraph 6 a (new) 6a. Recalls the different but complementary roles of states and companies with regard to human rights protection; recalls that states have a duty to protect everyone within their jurisdiction, including against human rights abuses committed by companies, even if they operate in third countries; strongly recalls that, where human rights abuses occur, the state in which the abuse occurs must guarantee that those affected have access to an effective remedy, and points out that the EU shares that duty with regard to areas of exclusive or shared competence; recognises that this means that the EU has an obligation to make its external relations conditional on third countries guaranteeing human rights and, in particular, effective remedy for people under their jurisdiction;
Amendment 166 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls on the EU and its Member States to ensure that a clear and binding regulatory framework for PMSCs is in place in relation to megaprojects in third countries, notably where these are funded by EU-based investors or financial institutions, and that such projects are transparently monitored including in collaboration with civil society;
Amendment 167 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls on the EU to ensure that third country companies that benefit from projects funded by the EU directly or through public/private partnerships or investment programmes, have adopted and regularly report on internal guidance on the use of PMSCs, and to refrain from funding those which have been responsible for violations;
Amendment 168 #
Motion for a resolution Paragraph 7 a (new) Amendment 169 #
Motion for a resolution Paragraph 7 a (new) 7a. Calls on the EU to encourage the adoption of laws which require PMSCs and their personnel to respect human rights and calls for PMSC personnel to comply with international humanitarian law (IHL);
Amendment 17 #
Motion for a resolution Recital A A. whereas the number of private military and security companies (PMSCs) has dramatically increased over the past 20 years; whereas legitimate, mainly western PMSCs are performing many very useful activities both in and outside of situations of armed
Amendment 171 #
Motion for a resolution Subheading 2 a (new) Is concerned by the lack of investigations, prosecutions and convictions in relation to human rights abuses perpetrated by PMSCs; is alarmed by the lack of transparency in which these companies operate; notes the lack of data regarding EU Member States’ use of PMSCs; underlines that the lack of impunity might incentivise States to outsource to private companies, directly or indirectly encouraging illegal behaviour;
Amendment 172 #
Motion for a resolution Paragraph 8 Amendment 173 #
Motion for a resolution Paragraph 8 8. Highlights the importance of regular independent monitoring, including
Amendment 174 #
Motion for a resolution Paragraph 8 8. Highlights the importance of regular independent monitoring, including through randomised field visits, to ensure oversight and put an immediate end to abuse; calls on the European External Action Service (EEAS) delegations in countries where PMSCs are operating to monitor their activities and provide regular feedback on their actions; stresses also the importance of active participation by European institutions and non- governmental organisations (NGOs) in EMSP supervision by the Member States;
Amendment 175 #
Motion for a resolution Paragraph 8 8.
Amendment 176 #
Motion for a resolution Paragraph 8 8. Highlights the importance of regular independent monitoring, including through randomised field visits, to ensure oversight and put an immediate end to abuse; calls on the E
Amendment 177 #
Motion for a resolution Paragraph 8 8. Highlights the importance of regular independent monitoring, including through randomised field visits, to ensure oversight and put an immediate end to
Amendment 178 #
Motion for a resolution Paragraph 8 8. Highlights the importance of regular independent monitoring
Amendment 179 #
Motion for a resolution Paragraph 8 a (new) 8a. Urges the Commission and EEAS to use the same guidelines for the hire, use and management of military and security contractors in all external actions, missions, operations and for EU Delegations across all countries and regions and for all services of a revised Common Military List of European Union; urges the Commission and EEAS to include a list of best practises into such EU guidelines which can be derived from the Montreux Document in particular with regard to procedures for the selection and contracting of PMSCs, the criteria for the selection of PMSCs, the terms of contract with PMSCs and the monitoring of compliance and ensuring of accountability;
Amendment 18 #
Motion for a resolution Recital A A. whereas the number of private military and security companies (PMSCs) has dramatically increased over the past 20 years; whereas PMSCs are performing
Amendment 180 #
Motion for a resolution Paragraph 8 a (new) 8a. Encourages Member States and the EU institutions to provide information about the performance of PSCs more consistently and in a transparent manner to allow for a proper assessment of the use of PSCs by their respective budgetary authorities and independent auditors; recommends that parliaments and NGOs should be actively engaged in the necessary evaluation processes that are crucial for the regulation and oversight of this industry;
Amendment 181 #
Motion for a resolution Paragraph 8 a (new) 8a. Demands that the Commission establish a black list of PMSCs who have failed to comply with the EU’s standards, human rights or the ICoC guidelines; considers that this list should be updated at intervals not exceeding two years;
Amendment 182 #
Motion for a resolution Paragraph 8 a (new) 8a. Notes the importance of the Commission and the Council maintaining an updated list of EU-registered EMSPs, including those operating in third countries or subcontracted, specifying the area and duration of their operations;
Amendment 183 #
Motion for a resolution Paragraph 8 a (new) 8a. Calls on the EU and the Member States to adopt specific legislation concerning the activities of PMSCs abroad;
Amendment 184 #
Motion for a resolution Paragraph 8 b (new) 8b. Calls on the EU to set up a designated PMSC Authority, specifically responsible and designed for the regulation, supervision and monitoring of the PMSC sector;
Amendment 185 #
Motion for a resolution Paragraph 9 9.
Amendment 186 #
Motion for a resolution Paragraph 9 9. Holds the view that states have the obligation to investigate and prosecute in cases where PMSCs have committed
Amendment 187 #
Motion for a resolution Paragraph 9 a (new) 9a. Calls on the Member States to take any appropriate steps to ensure, through judicial, administrative, legislative or other appropriate means, that when such human rights violations occur, those affected in third countries have access to an effective remedy in the territory where the infringing enterprise has its main seat within the EU, piercing the veil of the legal personality, when a corporation based in the EU holds, directs or controls companies that are responsible for human rights violations in third countries; takes the view that at all events joint and several liability should be established between contracting and subcontracting enterprises so that, regardless of the nationality of the subcontractor committing the illegal act, those affected can take action against the main company, whether in the country where the illegal act has been committed or in the main company’s country of origin (the country in which it has its seat); calls on the Member States to take appropriate steps to eliminate legal, practical and other relevant barriers that could lead to a denial of access to remedy and establish appropriate procedural means to enable those affected in third countries to have access to justice in both the civil and criminal courts;
Amendment 188 #
9a. Calls for binding due diligence requirements by those who contract PMSCs, who are thereby implicated in their actions; underlines the need for due diligence for social impacts and human rights violations, as well as social impacts by PMSCs to apply to investors connected to the PMSCs’ activities;
Amendment 189 #
Motion for a resolution Paragraph 9 a (new) 9a. Considers that the accountability of all PMSCs and their subcontractors to the contracting state needs to be clarified to all parties;
Amendment 19 #
Motion for a resolution Recital A a (new) Aa. whereas according to the definitions included in the draft convention prepared by the UN Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the rights of peoples to self-determination, Private Military Security Company (PMSC): refers to a corporate entity which provides on a compensatory basis military and/or security services by physical persons and/or legal entities; whereas military services: refers to specialized services related to military actions including strategic planning, intelligence, investigation, land, sea or air reconnaissance, flight operations of any type, manned or unmanned, satellite surveillance, any kind of knowledge transfer with military applications, material and technical support to armed forces and other related activities; whereas security services: refers to armed guarding or protection of buildings, installations, property and people, any kind of knowledge transfer with security and policing applications, development and implementation of informational security measures and other related activities;
Amendment 190 #
Motion for a resolution Paragraph 9 a (new) 9a. Calls for mandatory due diligence requirements by entities who contract PMSCs, as well as for investors connected to the activities of PMSCs;
Amendment 191 #
Motion for a resolution Paragraph 9 b (new) 9b. Believes that EU Member States, the EEAS and the Commission should agree on following the example of NATO by only contracting PMSCs based in EU Member States to ensure the highest level of accountability; urges the HR/VP, the Member States, the EEAS and the Commission to agree on common rules which oblige European based PMSCs executing contracts on their behalf to not subcontract local PMSCs in third countries as this practice runs counter to EU stabilisation and development policies, as often local militias, warlords and other actors are being strengthened as a result of such contracts;
Amendment 192 #
Motion for a resolution Paragraph 10 10.
Amendment 193 #
Motion for a resolution Paragraph 10 10. Considers that
Amendment 194 #
Motion for a resolution Paragraph 10 10. Considers that certain human rights abuses can
Amendment 195 #
Motion for a resolution Paragraph 11 Amendment 196 #
Motion for a resolution Paragraph 11 Amendment 197 #
Motion for a resolution Paragraph 11 Amendment 198 #
Motion for a resolution Paragraph 11 11. Calls on the Human Rights Council to
Amendment 199 #
Motion for a resolution Paragraph 11 11. Calls on the Human Rights Council to form a special committee to investigate the most serious crimes committed by PMSCs
Amendment 2 #
Motion for a resolution Citation 11 a (new) – having regard to the report by the independent expert Alfred-Maurice de Zayas on the promotion of a democratic and equitable international order, presented to the United Nations General Assembly, in which it is stated that ‘foreign direct investment and other capital flows can generate problems in areas beyond human rights’,
Amendment 20 #
Motion for a resolution Recital A a (new) Aa. whereas there is a lack of agreed definitions of PSCs, PMCs and of their services; whereas, as suggested by the definition included in the draft convention prepared by the UN Working Group on Mercenaries, a PMSC can be defined as a corporate entity which provides on a compensatory basis military and /or security services by physical persons and/or legal entities; whereas military services in this context can be defined as a specialised services related to military actions including strategic planning, intelligence, investigation, land, sea or air reconnaissance, flight operations of any type, manned or unmanned, satellite surveillance and intelligence, any kind of knowledge transfer with military applications, material and technical support to armed forces and other related activities; whereas security services can be defined as armed guarding or protection of buildings, installations, property and people, any kind of knowledge transfer with security and policing applications, development and implementation of informational security measures and other related activities;
Amendment 200 #
Motion for a resolution Paragraph 12 Amendment 201 #
Motion for a resolution Paragraph 12 Amendment 202 #
Motion for a resolution Paragraph 12 12. Calls on the International Criminal Court (ICC) to investigate grave human rights abuses committed by PMSCs
Amendment 203 #
Motion for a resolution Paragraph 12 12. Calls on the International Criminal Court (ICC) to investigate grave human rights abuses committed by PMSCs
Amendment 204 #
Motion for a resolution Paragraph 12 a (new) 12a. Proposes the creation of a public agency to supervise the activity of European corporations, with the task of analysing, investigating and inspecting the practices of transnational corporations in third countries; its core task would be to investigate the activities of corporations in third countries, and complaints lodged by groups and organisations affected by the practices of European corporations in third countries; proposes that the Agency would make its conclusions public and present them to the European Parliament; proposes that this body would be responsible for awarding the product brand referred to in the previous paragraph;
Amendment 205 #
Motion for a resolution Paragraph 12 a (new) 12a. Urges the Commission to ensure effective notification of irregularities and infringements by EMSPs, enabling them to be made accountable for such actions, including those relating to human rights, during their operations both inside and outside European territory;
Amendment 206 #
Motion for a resolution Paragraph 12 b (new) 12b. Recommends that the Commission and Member States give preference to EU-based EMPS requiring them to provide services directly without recourse to local subcontractors in third countries, which are in many cases destabilised, thereby facilitating the supervision and verification of responsibilities;
Amendment 207 #
Motion for a resolution Paragraph 12 c (new) 12c. Urges that all contracts concluded with EMSPs include a compulsory clause requiring each individual and the EMSP in question to comply with international humanitarian law and all international human rights legislation;
Amendment 209 #
Motion for a resolution Paragraph 13 Amendment 21 #
Motion for a resolution Recital A a (new) Aa. whereas under no circumstances can the use of PSCs be a substitute for national armed forces personnel; whereas the highest priority should be accorded, when implementing defence policies, to ensuring that the armed forces of the Member States have sufficient resources, instruments, training, knowledge and means with which to perform their tasks fully;
Amendment 210 #
Motion for a resolution Paragraph 13 13. Emphasises the need to ensure effective remedies, including reparation, commensurate with the scale of violations committed for all victims of human rights abuses committed by PMSCs;
Amendment 211 #
Motion for a resolution Paragraph 14 Amendment 212 #
Motion for a resolution Paragraph 14 14. Affirms that victims require easy and safe access to the judicial system, especially in cases of gross violations, and to non-judicial remedy procedures, and rejects any obstacle to victims that could be put in place when fighting for their right to access to justice and to remedy; highlights the importance to prioritize the protection of civilians and bring perpetrators to justice, including mercenaries and foreign fighters who had committed human rights violation on all sides of past conflicts;
Amendment 213 #
Motion for a resolution Paragraph 14 14. Affirms that victims and their defendants require easy and safe access to the judicial system, especially in cases of gross violations, and to non-judicial remedy procedures;
Amendment 214 #
Motion for a resolution Paragraph 15 15.
Amendment 215 #
Motion for a resolution Paragraph 15 15. Underlines the importance of ensuring that no gaps exist in protection from human rights abuses; sees a need to improve regulation of PMSCs so as to close any existing gaps; recommends that the definition of PMSC be clarified before effective regulation of their activities is introduced, as the lack of such a definition can create legislative loopholes; believes that as a first step, the EU should define relevant military and security services in a precise way;
Amendment 216 #
Motion for a resolution Paragraph 15 15. Underlines the importance of ensuring that no gaps exist in protection from human rights abuses; sees a need to improve regulation of PMSCs so as to close any existing gaps; urges note to be taken of best practice, for example, by the UK;
Amendment 217 #
Motion for a resolution Paragraph 15 a (new) 15a. Accentuates the importance of contextualizing the Montreux Document to address challenges to specific national regulators, and promote a dedicated exchange on existing good practices in PMSCs regulation faced by national petitioners; at the EU level, stresses the importance to subject the use of PSCs to effective parliamentary control as a foreign policy tool;
Amendment 218 #
Motion for a resolution Paragraph 16 16.
Amendment 219 #
Motion for a resolution Paragraph 16 16. Considers an international binding instrument to be an appropriate option to ensure that human rights are fully protected wherever PMSCs operate; believes that such an international binding instrument shall build on the work of the UN Working Group on mercenaries and their 2011 draft International Convention on the Regulation, Oversight and Monitoring of Private Military and Security Companies; takes the view that the development of an international regulatory framework is in the interest of all stakeholders, as it provides for legal certainty, remedies, uniformity and objectivity with respect to international standards and thereby creates a level playing field at global level;
Amendment 22 #
Motion for a resolution Recital A a (new) Aa. whereas turning security into a commodity undermines the responsibility that states have to guarantee their citizens’ security; whereas, in the absence of transparency and regulation with regard to PMSCs, societies will see the rule of law eroded and democratic institutions weakened;
Amendment 220 #
Motion for a resolution Paragraph 16 16. Considers an international binding instrument to be an appropriate option to ensure that human rights are fully protected wherever PMSCs operate;
Amendment 221 #
Motion for a resolution Paragraph 16 16. Considers an international binding instrument defining and delimiting EMSP activities, together with penalties for any infringements, to be an appropriate option to ensure that human rights are fully protected wherever PMSCs operate; takes the view that the development of an international regulatory framework is in the interest of all stakeholders, as it provides for legal certainty, remedies, uniformity and objectivity with respect to international standards and thereby creates a level playing field at global level;
Amendment 222 #
Motion for a resolution Paragraph 16 16. Considers an international binding instrument to be an appropriate option to ensure that human rights are fully protected wherever PMSCs operate
Amendment 223 #
Motion for a resolution Paragraph 16 a (new) 16a. Urges the Council to regulate the export of military and security services as defined in an updated Common Military List of European Union via a dedicated Council Decision which should require national legislation controlling the export of military and security services; believes that contracts for the provision of these services outside the EU should be licensed by export authorizations and require annual reporting of service export licences granted by Member States in order to increase public transparency and accountability; points out that the legal bases for such a Council Decision is provided by Articles 25 and 28 TEU and can draw on the example of Council Common Position 2008/944;
Amendment 224 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls on the Commission and Member States to respect the principle of development policy coherence in their foreign policies and explicitly to include it in all treaties signed by them, in keeping with international commitments undertaken in relation to human rights, decent working conditions, gender equality and environmental sustainability;
Amendment 225 #
Motion for a resolution Paragraph 16 a (new) 16a. Calls for the activities permitted and prohibited for PMSCs to be defined, paying particular attention to potential services that could involve PMSC personnel in hostilities in situations of armed conflict;
Amendment 226 #
Motion for a resolution Paragraph 17 17. Emphasises that such a framework should, as a minimum, impose clearly defined human rights obligations on PMSCs, including mandatory human rights training, including on engagement with civil society actors and human rights defenders, make a distinction between private military activity and private security activity, limit the use of force and firearms in the course of duty, establish civil liability of individuals and corporate
Amendment 227 #
Motion for a resolution Paragraph 17 17. Emphasises that such a framework should, as a minimum, impose clearly defined human rights obligations on PMSCs, including mandatory human rights training as a condition for authorisation to operate, make a distinction between private military activity and private security activity, limit the use of force and firearms in the course of duty, establish civil liability of individuals and corporate actors, as well as laying down a requirement for civil liability insurance for risks related to the activities of PMSCs, call for penal accountability of personnel responsible for violations, provide effective access to remedies for victims, set out dissuasive penalties for violations by PMSCs, provide for independent monitoring of PMSCs' activities and for oversight by the authorities, and require a vetting mechanism to ensure that personnel
Amendment 228 #
Motion for a resolution Paragraph 17 17. Emphasises that such a framework should, as a minimum, impose clearly defined human rights obligations on PMSCs, including mandatory human rights training, make a distinction between private military activity and private security activity,
Amendment 229 #
17. Emphasises that such a framework should, as a minimum, impose clearly defined human rights obligations on PMSCs, including mandatory human rights training, make a distinction between private military activity and private security activity, limit the use of force and firearms in the course of duty, establish civil liability of individuals and corporate actors, as well as laying down a requirement for civil liability insurance for risks related to the activities of PMSCs, call for penal accountability of personnel responsible for violations and of PMSCs, provide effective access to remedies for victims, set out dissuasive penalties for violations by PMSCs, provide for independent monitoring of PMSCs' activities and for oversight by the authorities, and require a vetting mechanism to ensure that personnel are properly trained and comply with international human rights and humanitarian law standards
Amendment 23 #
Motion for a resolution Recital A a (new) Aa. whereas PMSCs are sometimes used by States, including EU Member States, for reasons of political convenience to avoid public scrutiny or parliamentary oversight and accountability on the use of troops, including by secret services for covert operations;
Amendment 230 #
Motion for a resolution Paragraph 17 17. Emphasises that such a framework should, as a minimum, impose clearly defined human rights obligations on PMSCs, including mandatory human rights training, make a distinction between private military activity and private security activity, limit the use of force and firearms in the course of duty, establish
Amendment 231 #
Motion for a resolution Paragraph 17 a (new) 17a. Calls for the European Parliament not to approve any EU agreement on economic matters with a third country unless it includes the following clause: ‘Undertakings that invest in a third country shall have civil and criminal liability for crimes and infringements committed by them and by their directors, management and members of decision- making bodies – whether single-member or collegiate. This liability shall derive not only from the direct commission of an illegal act but also from complicity, collaboration, instigation, inducement and/or concealment of that act. It must be guaranteed that both the legal entity and the individuals committing the human rights violation can be prosecuted in the EU Member State of which they are nationals. Joint and several liability must at all events be established between contracting and subcontracting companies so that, regardless of the nationality of the main company or where appropriate the subcontractor that commits the illegal act, those affected can take action against the main company, whether in the country where the illegal act has been committed or in the main company’s country of origin (the country in which it has its seat)’;
Amendment 232 #
Motion for a resolution Paragraph 17 a (new) 17a. Recommends that specific additional training be required for certain EMSP operations, especially in complex situations, situations involving individuals from different cultural backgrounds or where gender-related issues are at stake;
Amendment 233 #
Motion for a resolution Paragraph 18 Amendment 234 #
Motion for a resolution Paragraph 18 18. Stresses that certain functions must not be outsourced to PMSCs, including interrogations, the overall operation of detention facilities, the punishment of detainees and active participation in hostilities, except for self-defence; stresses that, with regard to EU security and defence policy, the priority must be to strengthen the armed forces of the Member States, with EMSPs being confined to an ancillary role;
Amendment 235 #
Motion for a resolution Paragraph 18 18. Stresses that certain functions must not be outsourced to PMSCs, including interrogations, the overall operation of detention facilities, the punishment of detainees and active participation in hostilities
Amendment 236 #
Motion for a resolution Paragraph 18 18. Stresses that certain functions must not be outsourced to PMSCs, including interrogations, the overall operation of detention facilities,
Amendment 237 #
Motion for a resolution Paragraph 18 a (new) 18a. Calls for an EU security supervisor of an EU security company to be present at EU-funded sites and EU delegations with the tasks of ensuring the quality of the security services provided, vetting and training the locally hired security personnel, establishing and keeping up good relations with local security forces, providing risk assessments and being the first point of contact in security-related matters for the delegation;
Amendment 238 #
18a. (new heading) EU Regulation of PMSCs and building capacity for effective oversight of the security sector
Amendment 239 #
Motion for a resolution Paragraph 18 b (new) 18b. Notes that the EU makes use of PMSCs abroad to guard its delegations and staff and to support its civilian and military CSDP missions; notes that their use thus directly contributes to the EU’s reputation and perception by third parties, which makes them important facets of the EU’s local presence and impacts on the level of trust in the EU; demands that the Commission and the Council produce an overview of where, when and for what reason PMSCs have been employed in support of EU missions;
Amendment 24 #
Motion for a resolution Recital A a (new) Aa. whereas PMSCs have played a major role in the progress of securing the coastline of Somalia by removing hostile outposts, thwarting hijackings, freeing hostages and in drastically reducing the threat of piracy in the area.
Amendment 240 #
Motion for a resolution Paragraph 18 c (new) 18c. Notes that successive calls from the European Parliament to strengthen the regulatory framework around the role and use of PMSCs has resulted in some progress and a patchwork of related initiatives by the Commission and Council; Believes it is now time to call on the Commission to initiate without delay a stake-holder consultation leading to a proposal for an EU regulatory framework to address all facets of the role and use of PMSCs by the EU, its Member States and third country partners; Considers that this EU regulatory framework should take into account international best practices in relation to PMSC conduct and management, in particular the Montreux document and the ICoC; Underlines that the development of such a regulatory framework should be applicable to the EU’s growing security and defence policies and legislation including updating of the Council’s Common Military List to include PMSCs;
Amendment 241 #
Motion for a resolution Paragraph 18 d (new) 18d. Notes that the EU’s Foreign Policy as elaborated most recently in the European Global Strategy places a premium upon Conflict Prevention and pursuing a “Comprehensive Approach in Responding to Conflicts and Crisis”; Notes that such an approach requires that any use of PMSCs should in no way undermine the EU’s priorities of development, democracy and promoting good governance; Calls therefore on the EU to strengthen domestic oversight capacities, including parliamentary, rule of law and civil society, of the security sectors in third countries and in particular domestic and foreign PMSCs;
Amendment 242 #
Motion for a resolution Paragraph 18 e (new) 18e. Notes that the EU’s new approach to “Capacity Building in support of Security and Development” emphases the complementary role of strengthening third countries security sectors as a means of contributing to stability and development of the country; Calls for such capacities to also focus upon strengthening oversight institutions in third countries to ensure effective control over security forces;
Amendment 243 #
Motion for a resolution Paragraph 18 f (new) 18f. Notes that during the current 8th legislature, the European Parliament has been developing democracy support and conflict prevention capacities for third country parliaments including strengthening parliamentary capacities for the oversight of the security and defence sectors; Calls on the European Parliament to step up such activities, in complementarity with overall EU efforts to reform security sectors and “Capacity Building in support of Security and Development”, to ensure that parliaments and civil society play their full role in the oversight and scrutiny of security forces including domestic and international PMSCs;
Amendment 244 #
Motion for a resolution Paragraph 19 19. Calls on the
Amendment 245 #
Motion for a resolution Paragraph 19 19. Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for human rights, the Member States, the EEAS and the Commission to promote and strongly support the Human Rights Council
Amendment 246 #
Motion for a resolution Paragraph 19 19. Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Member States, the EEAS and the Commission to promote and strongly support the Human Rights Council working groups (special procedures and intergovernmental) and to aim for the creation of a universal UN convention
Amendment 247 #
19a. Notes the considerable influence the EU and its Member States enjoy over the global security industry as a result of many major players having their headquarters in the EU; places particular emphasis, therefore, on the upcoming revision of the Common Military List as an opportunity to include certain services provided by PMSCs, which would make them subject to export regulations and apply basic standards to their activities abroad;
Amendment 248 #
Motion for a resolution Paragraph 19 b (new) 19b. Recommends that the Commission and the Council establish a legal framework requiring national legislation to control the export of military and security services, and report in the EU Annual Report on armaments exports on military and security service export licences granted by the Member States, so as to increase public transparency and accountability;
Amendment 249 #
Motion for a resolution Paragraph 19 c (new) 19c. Commends the efforts of the International Maritime Organisation (IMO) in providing guidelines for the use of private armed security teams; encourages the Commission and the Member States to continue to work with the IMO towards the global application of this guidance;
Amendment 25 #
Motion for a resolution Recital A b (new) Ab. whereas PMSCs have expanded largely due to their cost-effectiveness and streamlining capabilities while having demonstrated their combat expertise in hostile environments and capacity to train forces in the areas that prevents the need for continued military deployments;
Amendment 250 #
Motion for a resolution Paragraph 19 d (new) 19d. Urges the VP/HR and the EEAS to produce in three months from adoption of this document a report on actions taken to implement recommendations of the resolution of the European Parliament on Private Security Companies (Vautmans Report) of 4 July 2017; Urges the VP/HR and the EEAS to produce in three months from adoption of this document a report on actions taken to implement recommendations of this report;
Amendment 251 #
Motion for a resolution Paragraph 19 e (new) 19e. Urges the VP/HR, the Member States, the EEAS and the Commission to strongly support the creation of an international convention aimed at establishing an international legal regime to regulate relevant services provided by PMSCs;
Amendment 252 #
Motion for a resolution Paragraph 20 20. Instructs its President to forward this resolution to the European Council, the Council, the Commission, the Vice- President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for human rights, the national parliaments of the Member States and the UN High Commissioner for Human Rights.
Amendment 253 #
Motion for a resolution Paragraph 20 20. Instructs its President to forward this resolution to the European Council, the Council, the Commission, the Vice- President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the national parliaments of the Member States, the Secretary General of NATO, and the UN High Commissioner for Human
Amendment 26 #
Motion for a resolution Recital B B. whereas PMSCs have been accused of engaging in
Amendment 27 #
Motion for a resolution Recital B B. whereas PMSCs have been accused of
Amendment 28 #
Motion for a resolution Recital B B. whereas, outside the territory of the EU, PMSCs have been accused of engaging in a number of human rights violations and incidents resulting in loss of life; whereas such incidents vary across time and country and amount in some cases to serious violations of international humanitarian law, including war crimes; whereas some of these cases have been prosecuted;
Amendment 29 #
Motion for a resolution Recital B B. whereas PMSCs have been accused of engaging in a number of human rights violations and incidents resulting in loss of life, as well as being implicated in killings, attacks on or threats against human rights defenders; whereas such incidents amount in some cases to serious violations of international humanitarian law, including war crimes;
Amendment 3 #
Motion for a resolution Citation 14 a (new) – having regard to the international ISO 18788 Standard for Private Security Operations in complex land environments, and to the ISO- 28007 Standard, an auditable standard for maritime security companies,
Amendment 30 #
Motion for a resolution Recital B B. whereas, outside the territory of the EU, PMSCs have been accused of engaging in a number of human rights violations and incidents resulting in loss of life; whereas such incidents amount in some cases to serious violations of international humanitarian law, including war crimes;
Amendment 31 #
Motion for a resolution Recital B B. whereas some PMSCs have been accused of engaging in a number of human rights violations and incidents resulting in loss of life; whereas such incidents amount in some cases to serious violations of international humanitarian law, including war crimes;
Amendment 32 #
Motion for a resolution Recital B a (new) Ba. whereas the border security market is in rapid expansion, was estimated to be worth EUR 15 billion in 2015 and is predicted to increase in value to over EUR 29 billion per annum by 2022; whereas the European border security industry is dominated by major arms companies, which have expanded or developed their security divisions, and by a group of smaller hi-tech companies specialising in security; whereas the major players on the European border security scene also include companies that manufacture arms, such as Airbus, Finmeccanica, Thales and Safran, as well as the technology giant Indra; whereas Finmeccanica and Airbus have been the main beneficiaries of European contracts aimed at strengthening the borders; and whereas Airbus is, moreover, the main beneficiary of funding contracts for research in the field of security;
Amendment 33 #
Motion for a resolution Recital B a (new) Ba. whereas Front Line Defenders reports[1] that, of the human rights defenders killed in 2017, 67% were engaged in the defence of land, environmental and indigenous peoples’ rights, and nearly always in the context of mega projects linked to extractive industries and big business; whereas governments and security forces are often, at best, unresponsive to threats and attacks faced by HRDs and, at worst, responsible for the killings; [1] https://www.frontlinedefenders.org/en/stat ement-report/stop-killings
Amendment 34 #
Motion for a resolution Recital B a (new) Ba. whereas the use of services provided by PMSCs in fragile countries and crisis-prone regions may lead to very negative developments which undermine the EU's objectives in the field of foreign policy, human rights and development;
Amendment 35 #
Motion for a resolution Recital B b (new) Bb. whereas Finmeccanica, Thales and Airbus, which are prominent players in the security business in the EU, are also three of the four main arms traders in Europe, selling to countries in the Middle East and North Africa; whereas it is those same arms, military and private security companies that have fuelled the conflicts in Afghanistan, Iraq, Syria and Yemen by selling arms, technology systems and security services; whereas their total revenue in 2015 stood at EUR 95 billion;
Amendment 36 #
Motion for a resolution Recital B c (new) Bc. whereas some of the parties to have made the most out of the EU’s security research budget for 2014-2020 have been major companies; whereas, in December 2016, Atos was involved in 15 projects (worth EUR 6.5 million), Thales in 9 projects (worth EUR 4.6 million), the Italian company Engineering in 6 projects (worth EUR 4 million), and Airbus in 2 projects (worth EUR 3.6 million); whereas, in the previous 6-year period between 2007 and 2013, the main business players were Thales (EUR 28.5 million, 63 projects), Selex (EUR 23.2 million, 54 projects), BAE Systems (EUR 14.2 million, 32 projects), and Indra (EUR 12.3 million, 16 projects); whereas, in total, PMSCs have received almost EUR 552 million from the European Security Research Programme budget under the Seventh Framework Programme for Research and Technological Development (FP7, 2007- 2013), which is equivalent to roughly 40% of the total budget of EUR 1.4 billion; whereas, via projects, PMSCs obtained on average almost 25% more from the European Security Research Programme 2007-2013 than from equivalent research programmes, for example in the areas of health, ICT, energy, the environment and transport;
Amendment 37 #
Motion for a resolution Recital B d (new) Bd. whereas between 2014 and 2020 at least EUR 11 billion has been allocated to budgets aimed at security measures: EUR 3.8 billion to the Internal Security Fund, EUR 1.7 billion to the European Security Research Programme (officially known as ‘Secure Societies’), EUR 3.1 billion to the Asylum, Migration and Integration Fund (which has many uses in the context of security policy) and EUR 2.4 billion to organisations responsible for dealing with internal EU affairs, such as Europol and Frontex;
Amendment 38 #
Motion for a resolution Recital B e (new) Be. whereas a wide variety of companies has benefited from the increase in spending on border security, particularly arms manufacturers and biometric security firms; whereas the French arms giant Thales, which is also one of the main exporters of arms to the region, is a major player, providing military equipment for border security, as well as biometric systems and equipment; whereas the principal firms providing biometric security include Veridos, OT Morpho and Gemalto (which is soon to be taken over by Thales); whereas, furthermore, Germany and Italy fund their own arms firms – Hensolt, Airbus and Rheinmetall (Germany), and Leonardo and Intermine (Italy) – in order to underpin border security operations in the MENA region, in particular Egypt, Tunisia and Libya; whereas, in Turkey, the largest border security contracts have been awarded to Turkish defence firms, in particular Aselsan and Otokar, which use the resources to support their own defence efforts, and which also back controversial Turkish attacks on Kurdish communities;
Amendment 39 #
Motion for a resolution Recital B f (new) Bf. whereas the promotion and militarisation of border security has led to an increase in the number of deaths among people who have been forcibly displaced; whereas, in general, when action is taken to close down a migration route, people are forced to take other more dangerous routes; whereas, in 2017, 1 in every 57 migrants crossing the Mediterranean died, while in 2015 the figure was 1 in 257; whereas this reflects the fact that the Central Mediterranean route, the longest and most dangerous, was the main route for (significantly fewer) forcibly displaced persons, mostly from eastern and Sub-Saharan Africa, and whereas the principal route in 2015, from Turkey to Greece, was chiefly used by Syrians; whereas, although there are no official figures, it is estimated that at least twice as many refugees die in the desert than in the Mediterranean;
Amendment 4 #
Motion for a resolution Citation 15 a (new) – having regard to the Interim Guidance of the International Maritime Organisation (IMO) in May 2012 relating to armed security personnel on board ships,
Amendment 40 #
Motion for a resolution Recital B g (new) Bg. whereas the arms and security industry has succeeded in securing EUR 316 million in funding for research on security topics, thereby setting the agenda for research, implementing it and then, on many occasions, being awarded the resulting contracts; whereas, since 2002, the EU has financed 56 projects in the field of border security and control;
Amendment 41 #
Motion for a resolution Recital B h (new) Bh. whereas PMSCs are particularly active in situations of armed conflict and other unstable contexts, and whereas the complexities involved in the areas concerned are often an obstacle to effective monitoring, public scrutiny, accountability and remedies for the victims of PMSCs; whereas their opaque behaviour and lack of transparency have had an impact on the international community’s efforts in the countries in question, and revealed considerable gaps in accountability structures, for example the establishment of numerous layers of subsidiaries and subcontractors in different countries;
Amendment 42 #
Motion for a resolution Recital B i (new) Bi. whereas the militarisation of the EU’s migration policies has led to an increase in military and defence spending, both at EU and Member State level; whereas private stakeholders working in the defence and security sector have played a major role in the creation and design of those policies; whereas there is a growing confluence of interests between European political leaders who are seeking to militarise their borders and the main defence and security contractors who provide the services concerned; whereas our military-security-industrial complex is today stronger than ever, and is utilising technologies which are aimed at external and internal considerations, and which at present are being directed against some of the most vulnerable and desperate people in the world;
Amendment 43 #
Motion for a resolution Recital C Amendment 44 #
Motion for a resolution Recital C Amendment 45 #
Motion for a resolution Recital C C. whereas over the years there
Amendment 46 #
Motion for a resolution Recital C C. whereas over the years there were numerous incidents in Iraq and Afghanistan involving western private security companies (in particular CACI International, L-3 Services, Blackwater, Unity Resources Group and Xe) in which civilians were wounded or killed;
Amendment 47 #
Motion for a resolution Recital C C. whereas over the years there were numerous incidents in Iraq and Afghanistan involving western private security companies (in particular CACI International, L-3 Services, Blackwater, Unity Resources Group and Xe) in which civilians were wounded or killed; whereas these incidents peaked between 2003 and 2009, and, since then, most of them have been thoroughly investigated and many of those responsible have been brought to justice; whereas these were exceptions, and most crimes go unpunished;
Amendment 48 #
Motion for a resolution Recital D Amendment 49 #
Motion for a resolution Recital D Amendment 5 #
Motion for a resolution Citation 18 a (new) – having regard to Article 103 of the Charter of the United Nations, which stipulates that ‘in the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail’,
Amendment 50 #
Motion for a resolution Recital E Amendment 51 #
Motion for a resolution Recital E Amendment 52 #
Motion for a resolution Recital E Amendment 53 #
Motion for a resolution Recital E Amendment 54 #
Motion for a resolution Recital E E. whereas in 2012 two guards from an Italian
Amendment 55 #
Motion for a resolution Recital F Amendment 56 #
Motion for a resolution Recital F Amendment 57 #
Motion for a resolution Recital F F. whereas ranchers reportedly paid the Brazilian security firm Gaspem more than USD 10 000 each time it evicted Guarani Indians from their lands; whereas in 2014 Brazilian police shut down Gaspem on account of the reported killing of at least two Guarani leaders, and of brutal attacks against hundreds more; whereas on 20 January 2014, a federal court in Brazil ordered the closure of the firm Gaspem following allegations of involvement in violence against indigenous Guarani-Kaiowá people and the deaths of two community leaders;
Amendment 58 #
Motion for a resolution Recital G Amendment 59 #
Motion for a resolution Recital G Amendment 6 #
Motion for a resolution Citation 18 a (new) – having regard to the Council Recommendation of 13 June 2002 regarding cooperation between the competent national authorities of Member States responsible for the private security sector,
Amendment 60 #
Motion for a resolution Recital G Amendment 61 #
Motion for a resolution Recital G G. whereas Russian PMSCs have allegedly been involved in many human rights violations over the past 25 years; whereas, despite a legal prohibition on mercenary activities (Article 359 of the Criminal Code of the Russian Federation), Russia has actively used military 'volunteers' since 1992 in Bosnia, Moldova (Transnistria), Nagorno-Karabah, Georgia, Ukraine (Crimea, Donbass) and Syria; whereas there are increasing numbers of reports suggesting the use of Russian military 'volunteers' in Africa;
Amendment 62 #
Motion for a resolution Recital G G. whereas Russian PMSCs have allegedly been involved in many human rights violations over the past 25 years; whereas, despite a legal prohibition on mercenary activities (Article 359 of the Criminal Code of the Russian Federation), Russia has actively used military 'volunteers' or contractors since 1992 in Bosnia, Transnistria, Nagorno-Karabah, Georgia, Crimea, Donbass and Syria;
Amendment 63 #
Motion for a resolution Recital H Amendment 64 #
Motion for a resolution Recital H Amendment 65 #
Motion for a resolution Recital H Amendment 66 #
Motion for a resolution Recital H Amendment 67 #
Motion for a resolution Recital H H. whereas contractors with Russian- owned firm PMC Wagner (Private Military Company Wagner) were reported to be fighting alongside Russian-backed separatists in the eastern part of Ukraine and in Crimea; whereas in Donbass its contractors were referred to as "the cleaners", suggesting they allegedly killed several warlords; whereas there are reports that in 2015 Wagner began sending up to 3
Amendment 68 #
Motion for a resolution Recital I Amendment 69 #
Motion for a resolution Recital I Amendment 7 #
Motion for a resolution Citation 18 a (new) – having regard to Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment;
Amendment 70 #
Motion for a resolution Recital I Amendment 71 #
Motion for a resolution Recital I Amendment 72 #
Motion for a resolution Recital I I. whereas it is reported that on 7 February 2018 Wagner Group tanks and artillery led an attack by Syrian forces on the base of US and Kurdish forces, which was guarding an oil refinery in Deir ez-Zor province of Syria
Amendment 73 #
Motion for a resolution Recital I a (new) Ia. whereas special consideration should be given to the role of PMSC’s in advancing the hybrid warfare tactics of state and non-state actors, including but not limited to widespread disinformation campaigns, troll factories and psychological operations;
Amendment 74 #
Motion for a resolution Recital I a (new) Ia. whereas three Russian journalists were killed in the Central African Republic while investigating the reported presence there of the Russian Wagner Group contractors;
Amendment 75 #
Motion for a resolution Recital J Amendment 76 #
Motion for a resolution Recital J Amendment 77 #
Motion for a resolution Recital J J. whereas Malhama Tactical, the first jihadist PMSC, founded in 2016 by an Uzbeki jihadist, has been offering arms deals, elite warriors, consulting and training services to extremist groups, including Jabhat Fateh al-Sham and Ahrar al-Sham in Syria. Following the targeted assassination of Malhama Tactical founder Abu Rofiq, Malhama Tactical is now believed to be training the “Levant Liberation Organization” a former al- Qaeda affiliate;
Amendment 78 #
Motion for a resolution Recital J J. whereas Malhama Tactical, the first
Amendment 79 #
Motion for a resolution Recital J a (new) Ja. whereas the advent of organisations like Malhama Tactical, which is providing second hand training from veterans of the Russian Special Forces, serves as a potential foundation for new forms of highly trained and well equipped groups of Foreign Fighters presenting the need for monitoring capabilities to ensure that future jihadist organizations do not seek to replicate the PMSC business model;
Amendment 8 #
Motion for a resolution Citation 18 b (new) – having regard to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC,
Amendment 80 #
Motion for a resolution Recital K Amendment 81 #
Motion for a resolution Recital K Amendment 82 #
Motion for a resolution Recital K Amendment 83 #
Motion for a resolution Recital K K. whereas in
Amendment 84 #
Motion for a resolution Recital K a (new) Ka. whereas the increase of PMSCs in Latin America has contributed to more violence, killings, corruption and human rights violations;
Amendment 85 #
Motion for a resolution Recital K b (new) Kb. whereas a European Security Firm (European Security Academy) has been said to train Ukrainian fighters linked to far-right and white supremacist groups;
Amendment 86 #
Motion for a resolution Recital L Amendment 87 #
Motion for a resolution Recital L Amendment 88 #
Motion for a resolution Recital L L. whereas PMSCs have been providing equipment and services to prisons, detention centres and military checkpoints in the occupied Palestinian territories; whereas the European firm G4S has received complaints alleging that, while providing services in the territories concerned, it had breached the general policies and human rights provisions laid down in the OECD guidelines; whereas complaints have been made against other PMSCs for breaches of human rights and abuses committed at checkpoints; whereas, in 2016, two people were murdered by private security guards at the main Qalandia checkpoint; whereas a number of PMSCs have been accused of assaulting and even killing Palestinian civilians in the territories in which the companies concerned were providing security services;
Amendment 89 #
Motion for a resolution Recital L a (new) La. whereas, in 2012, it was reported that Streit Security Vehicles – a company that is part of the Streit Group and is owned by a Canadian businessman – had exported a number of Typhoon armoured vehicles to Sudan; whereas that PMSC also provides logistical support for the transport and maintenance of the armoured vehicles concerned; whereas, over a decade ago, the Canadian Government brought in sanctions banning Canadian citizens from selling arms and related material to Sudan;
Amendment 9 #
Motion for a resolution Citation 18 c (new) – having regard to Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain work contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC,
Amendment 90 #
Motion for a resolution Recital L b (new) Lb. whereas a number of PMSCs that provide security for mining and industrial farming projects in Africa and Latin America have been accused of human rights violations; whereas in Zimbabwe a number of PMSCs operating at diamond mines have been accused of assaulting and murdering local people; whereas in Zimbabwe in 2018 locals in the Marange area made complaints about the Zimbabwe Consolidated Diamond Company, a PMSC, alleging human rights abuses, including the murder of at least 15 people, and that restrictions had been placed on movement; whereas, in April 2013, residents of San Rafael las Flores in Guatemala were wounded when security staff working for Tahoe Resources (a Canadian mining company) shot at them during a peaceful protest against a mining project;
Amendment 91 #
Motion for a resolution Recital L c (new) Lc. whereas a number of PMSCs have been accused of providing technology that has been used to breach people’s rights to freedom and security, civil and political rights, and the right to privacy; whereas, in 2013, the Gamma Group allegedly sold FinFisher surveillance technology to the authorities in Bahrain, who used it to spy on the political opposition and human rights defenders; whereas in 2016 the UK National Contact Point for the OECD Guidelines for Multinational Enterprises concluded that Gamma’s behaviour was inconsistent with its obligations under the OECD Guidelines and that the firm had made no progress or efforts whatsoever with regard to complying with the recommendations; whereas the Italian PMSC Hacking Team has sold spyware to the governments of several Latin American countries; whereas the software concerned is inconsistent with the legal standards in place in those countries, and violates a number of fundamental rights, such as the right to freedom of speech, the right to privacy, and the right to due legal process; whereas, in Mexico, 8 in every 10 government agencies to have bought the software did not have authorisation to carry out surveillance activities;
Amendment 92 #
Motion for a resolution Recital L d (new) Ld. whereas a number of PMSCs which operate prisons have been accused of excessive use of force and of failing to provide even the most basic living conditions for prisoners; whereas in 2013 the Government of South Africa reported cruel treatment (including forced injections, electric shocks and beatings) of at least 62 detainees in Mangaung prison (managed by G4S); whereas in 2015, new documents and witness accounts spoke of prisoners being tortured prior to their deaths, while the prison recorded the deaths as being due to natural causes or suicide; whereas in 2013, 12 Palestinian women were put in Hasharon prison (Israel) operated by G4S; whereas the pregnant prisoners were not provided with special diets nor living space and were not able to go for medical check-ups in hospital during their detention; whereas prior to giving birth, they were shackled to their beds until they entered the delivery room, being shackled again after giving birth;
Amendment 93 #
Motion for a resolution Recital L e (new) Le. whereas on 17 February 2014, during a riot at the Manus Island detention centre (an Australian offshore immigration centre), G4S security guards were accused of using iron bars and rocks to attack the detainees;
Amendment 94 #
Motion for a resolution Recital L f (new) Amendment 95 #
Motion for a resolution Recital L g (new) Lg. whereas a complaint was lodged in January 2017 against the Spanish PMSC Prosegur concerning alleged failings in tackling abuse of workers’ rights in Colombia, Peru and India; whereas the allegations concerned cases of harassment, retaliation, threats and attacks against unionised workers of the PMSC which were allegedly tolerated and in some cases encouraged by the PMSC;
Amendment 96 #
Motion for a resolution Recital L h (new) Lh. whereas in 2012, the United Nations Monitoring Group for Somalia and Eritrea reported on cases of torture and homicide allegedly committed by Saracen International, a subsidiary of the PMSC Sterling;
Amendment 97 #
Motion for a resolution Recital L i (new) Li. whereas complaints have also been lodged concerning repression of, and use of the force against, unarmed civilians at demonstrations; whereas in September- October 2016, PMSCs hired by several universities in South Africa were accused of violence against protesting students; whereas in 2017, the South African police and Mafoko Security Services staff used violent means of repression, including the use of arms, against students protesting at the University of the Free State for a reduction in fees;
Amendment 98 #
Motion for a resolution Recital M Amendment 99 #
Motion for a resolution Recital M source: 626.988
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History
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