2023/2108(INI) | [ParlTrack]

Draft opinion
Recital A (new)

A. whereas the EU is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights as set out in Article 2 TEU; whereas its actions on the international scene must be guided by those principles and consistent with the principle of Policy Coherence for Development, as enshrined in Article 208 of the Lisbon Treaty;

Amendment 10 #

Draft opinion
Paragraph 1

1. ~~Underlines the urgent need to approve binding and enforceable international norms to regulate the activities of transnational corpo~~Believes that advancing the work on the UN binding instrument on business and human rights may offer a positive outlook on the future of business practi~~ons (TNCs) and their global value chain~~ces and pave the way for sustainable business practices; sStresses th~~at a large proportion of human, labour and environmental rights viol~~e importance of business enterprises in that they can also boost sustainable development through job creations a~~re committed by TNCs based in the Global North, but operating in developing~~ nd economic development, which should also be duly taken into account~~ries~~;

Amendment 11 #

Draft opinion
Paragraph 1

1. Underlines the urgent need to approve binding and enforceable international norms to regulate all business enterprises, including the activities of transnational corporations (TNCs) and their global value chains; stresses that a large proportion of human, labour and environmental rights violations are committed by TNCs based in the Global North, but operating in developing countries;

Amendment 12 #

Mónica Silvana GONZÁLEZ

Draft opinion
Paragraph 1

1. Underlines the urgent need to approve binding and enforceable international norms to regulate the activities of transnational corporations (TNCs) and their global value chains; stresses that a ~~large~~ proportion of human, labour and environmental rights violations are committed by some TNCs based in the Global North, but operating in developing countries;

Amendment 13 #

Draft opinion
Paragraph 1 a (new)

1a. Recalls that abuses of workers' rights by companies are on the rise worldwide and that according to ITUC Rights Index, 113 countries exclude workers from their right to establish or join a trade union, up from 106 in 2021, 87 % of countries violated the right to strike and four in five countries blocked collective bargaining;

Amendment 14 #

Draft opinion
Paragraph 2

2. Recalls that people in developing countries, especially indigenous and traditional communities, smallholders and other small-scale food producers, women, human rights defenders and workers, are disproportionally affected by the human, labour and environmental rights violations ~~committed by TNCs, which often go unpunished~~;

Amendment 15 #

Petras AUŠTREVIČIUS

Draft opinion
Paragraph 2

2. Recalls that people in developing countries, especially indigenous and traditional communities, smallholders and other small-scale food producers, women, human rights defenders and workers, are disproportionally affected by the human, labour and environmental rights violations committed by TNCs, often with the complicity of corrupt representatives and authorities of national and local governments, which often go unpunished;

Amendment 16 #

Charles GOERENS, Barry ANDREWS, Catherine CHABAUD, María Soraya RODRÍGUEZ RAMOS

Draft opinion
Paragraph 2

2. Recalls that people in developing countries, especially indigenous and traditional communities, smallholders and other small-scale food producers, women, human rights defenders and workers, are disproportionally affected by the human, labour and environmental rights violations committed by TNCs, which often go unpunished, as in the emblematic cases of Mariana and Brumadinho (Brazil), Rana Plaza (Bangladesh), Marikana (South Africa) or Chevron-Texaco (Ecuador), among many others;

Amendment 17 #

Draft opinion
Paragraph 2

2. Recalls that people in developing countries, especially indigenous and traditional communities, smallholders and other small-scale food producers, women, human rights defenders and workers, are disproportionally affected by the human, labour and environmental rights violations committed by TNCs, which often go unpunished; calls to promote and ensure access to justice with special focus on minorities and an effective remedy for victims of human rights violations and abuses;

Amendment 18 #

Ilan DE BASSO, Carlos ZORRINHO, Karsten LUCKE, Mónica Silvana GONZÁLEZ

Draft opinion
Paragraph 2

Amendment 19 #

Draft opinion
Paragraph 2 a (new)

2a. Highlights that in many regions of the world, Micro-Small and Medium Enterprises (MSMEs) are often the driving force of local economies; underlines MSMEs account for 90% of businesses, 60 to 70% of employment and 50% of GDP worldwide; reiterates the importance of ensuring a adequate level playing field and urges the Commission to provide safeguards and exemptions for MSMEs in the negotiations of the instrument;

Amendment 2 #

Draft opinion
Recital A a (new)

A a. whereas the implementation the 2030 Agenda for Sustainable Development and ‘Leaving No One Behind’ imply that economic development goes hand in hand with social justice, good governance and respect for human rights;

Amendment 20 #

Draft opinion
Paragraph 2 b (new)

2b. Underlines that the freedom to conduct a business is a right enshrined in the article 16 of the Charter of Fundamental Rights; encourages the EU and the Member States to lead the discussion at UN level and other multilateral fora for the establishment of the recognition of the human right to conduct a business at global level;

Amendment 21 #

Draft opinion
Paragraph 2 c (new)

2c. Calls on the Commission and the Member States to reinforce their support for MSMEs and in this context, highlights the importance to join efforts with the UN in the celebration of Micro-, Small and Medium-sized Enterprises Day on 27 June;

Amendment 22 #

Draft opinion
Paragraph 3

3. Calls on the Council to adopt an ambitious mandate for the Commission to fully engage in the negotiations on the UN legally binding instrument on ~~TNCs and~~ human rights ~~(LBI)~~, in accordance with the objectives stipulated by UN Human Rights Council Resolution 26/9 of 14 July 2014, which mandates those negotiations; notes that the Member States should otherwise engage in the process individually, but encourages them to do so; calls on the EU to continue actively participating in the process; recalls, in this regard, the importance of close cooperation between the EU and international institutions;

Amendment 23 #

Charles GOERENS, Barry ANDREWS, Catherine CHABAUD, María Soraya RODRÍGUEZ RAMOS

Draft opinion
Paragraph 3

Amendment 24 #

Draft opinion
Paragraph 3

Amendment 25 #

Charles GOERENS, Barry ANDREWS, Catherine CHABAUD, María Soraya RODRÍGUEZ RAMOS

Draft opinion
Paragraph 3

Amendment 26 #

Draft opinion
Paragraph 3 a (new)

3a. Recalls the proposal by the European Commission for a Directive on corporate sustainability due diligence (CSDDD) which aims to foster sustainable and responsible corporate behaviour and to anchor human rights and environmental considerations in companies operations and corporate governance; underlines that CSDDD proposal should aim for a more comprehensive and inclusive approach;

Amendment 27 #

4. Stresses the importance that the scope of the LBI under negotiation covers ~~TNCs and other~~all business enterprises, including business activities of a transnational character, a~~s established by Resolution 26/9~~nd state-owned entreprises;

Amendment 28 #

Charles GOERENS, Barry ANDREWS, Catherine CHABAUD, María Soraya RODRÍGUEZ RAMOS

Draft opinion
Paragraph 4

4. Stresses the importance that the scope of the LBI under negotiation covers TNCs and other business enterprises of a transnational character, as established by Resolution 26/9; urges national and regional Parliaments to regulate all business activities in accordance with the principle of the primacy of human rights;

Amendment 29 #

Draft opinion
Paragraph 4

4. Stresses the importance that the scope of the LBI under negotiation covers TNCs and other business enterprises of a transnational character, as established by Resolution 26/9; worries, however, that there are still many governance gaps that persist at the international level and calls to continue multilateral engagement to send a consistent signal to existing and potential cooperation partners;

Amendment 3 #

Ilan DE BASSO, Carlos ZORRINHO, Karsten LUCKE, Mónica Silvana GONZÁLEZ

Draft opinion
Recital A b (new)

A b. whereas the vast majority of the Global North-listed TNCs, which are often engaged in violations of human rights and/or environmental rights, which mostly occur in developing countries, had institutionalised sustainability committees and are signatories of the Global Compact, fail to disclose violations and hamper access to remedy, showing the very low effectiveness of voluntary and not mandatory programmes for CSR compliance;

Amendment 30 #

Draft opinion
Paragraph 4

4. Stresses the importance that the scope of the LBI under negotiation covers all TNCs and other business enterprises of a transnational character, as established by Resolution 26/9;

Amendment 31 #

Draft opinion
Paragraph 4 a (new)

4a. Believes that the UN binding treaty should cover all business enterprises, regardless of size, sector, operational context, ownership and structure, including state-owned enterprises, financial institutions and investment funds, and activities conducted through affiliates, subsidiaries, agents, suppliers, partnerships, joint venture and beneficial proprietorship; stresses the importance to include parent company-based extraterritorial regulation and access to justice for victims of transnational corporate human rights violations in the home state of transnational corporations; calls to include a strong international monitoring and enforcement mechanism;

Amendment 32 #

Draft opinion
Paragraph 5

Amendment 33 #

Draft opinion
Paragraph 5

5. Underlines that such an LBI, to effectively protect victims and guarantee access to justice, must include, among other things, free, prior and informed consent for activities developed in indigenous territories, meaningful consultation and participation of affected individuals and communities in decision- making processes related to business activities that may affect their lives and livelihoods, the right to say no, the reversal of the burden of proof, mechanisms to assure extraterritorial jurisdiction, international cooperation obligations to enforce foreign judgments, the right to information and the right to full reparation.

Amendment 34 #

Ilan DE BASSO, Carlos ZORRINHO, Karsten LUCKE, Mónica Silvana GONZÁLEZ

Draft opinion
Paragraph 5

Amendment 35 #

Draft opinion
Paragraph 5 a (new)

5a. Stresses that the right to full reparation refers to both the process of providing remedy to victims, their families or affected communities for a negative human, labour or environmental rights violation suffered and the substantive outcomes that can counteract, or make good, the negative impact of violations; highlights that reparation must be adequate, effective and prompt, and should be proportional to the gravity of the violations and the harm suffered, in all cases adapted to the specific context and condition of the rightsholder;

Amendment 36 #

Draft opinion
Paragraph 5 a (new)

5a. Stresses the importance of the role of human rights defenders, groups and organisations and trade union activists, and the importance of explicitly including in the treaty the recognition of the right to defend human, enviroment and workers’ rights, explicitly referencing the right of defenders to be protected and free from intimidation and reprisals;

Amendment 37 #

5a. Stresses that the LBI Instrument should ensure a strong social justice dimension and promote transparency by requiring businesses to disclose relevant information about their operations, impacts on human rights, and measures taken to address them;

Amendment 38 #

Ilan DE BASSO, Carlos ZORRINHO, Karsten LUCKE, Mónica Silvana GONZÁLEZ

Draft opinion
Paragraph 5 b (new)

5b. Underlines the need to push for the establishment of adequate mechanisms for monitoring, oversight, and implementation of the LBI, including national focal points, reporting requirements, and periodic reviews to ensure compliance;

Amendment 39 #

Draft opinion
Paragraph 5 b (new)

5b. Calls on the UN Member States to ensure that the negotiations leading to the LBI are conducted in a transparent fashion, with meaningful engagement of stakeholders impacted by the treaty, including international organisations, trade unions and other workers’ representatives and civil society representatives;

Amendment 4 #

Draft opinion
Recital A c (new)

A c. whereas victims of corporate abuse face multiple obstacles to accessing remedies; whereas impunity for human rights abuse by transnational corporations remains largely unaddressed in the absence of a robust and comprehensive regulatory framework at global level;

Amendment 40 #

Ilan DE BASSO, Carlos ZORRINHO, Karsten LUCKE, Mónica Silvana GONZÁLEZ

Draft opinion
Paragraph 5 b (new)

5b. Believes that in establishing human rights, environmental and climate- related due diligence obligations globally, the agreement strengthens the effectiveness of the upcoming EU CSDDD globally and create similarly high standards worldwide; is convinced, moreover, that the UN treaty could make important provisions for improved legal protection for people affected, complementing the EU directive;

Amendment 41 #

Draft opinion
Paragraph 5 c (new)

5c. Stresses the need to adopt a gender-sensitive approach throughout the process, as human rights violations are not gender neutral and should not be treated as such; calls on the EU and its Member States to mainstream a meaningful gender approach in their negotiating position;

Amendment 42 #

Ilan DE BASSO, Carlos ZORRINHO, Karsten LUCKE, Mónica Silvana GONZÁLEZ

Draft opinion
Paragraph 5 c (new)

5c. Highlights the need to define clear obligations for businesses in relation to the eradication of child labour and forced labour from their supply chains and operations;

Amendment 43 #

Draft opinion
Paragraph 5 d (new)

5d. Recalls that the promotion of decent work objectives, such as sustainable business conduct, social dialogue, freedom of association, collective bargaining and social protection, is imperative for the eradication of human rights violations;

Amendment 44 #

Ilan DE BASSO, Carlos ZORRINHO, Karsten LUCKE, Mónica Silvana GONZÁLEZ

Draft opinion
Paragraph 5 e (new)

5e. Recalls that due diligence is a key component of the UN Guiding Principles’ second pillar regarding corporate responsibility and respect for human rights; stresses that effective due diligence practices can also help strengthen access to remedy; reminds that implementation of due diligence procedures should not automatically exempt TNCs from their liability;

Amendment 5 #

Draft opinion
Recital A d (new)

A d. whereas TNCs profit maximisation prospects, transaction cost and poor institutional framework are the prime causes to the human rights violations in the host countries;

Amendment 6 #

Draft opinion
Recital A e (new)

A e. whereas the victims of these human rights violations are predominantly poor and vulnerable populations;

Amendment 7 #

Draft opinion
Paragraph -1 (new)

-1. Takes into account the UN Guiding Principles for Business and Human Rights (UNGPs), which aim to enhance standards and practices with regard to business and human rights in order to achieve tangible results for affected individuals and communities, and the EU framework on business and human rights;

Amendment 8 #

Draft opinion
Paragraph -1 (new)

-1. Regrets that UNGPs are not embodied in enforceable instruments; recalls that the poor implementation of UNGPs, as is the case of other internationally recognised standards such as OECD Guidelines for Multinational Enterprises has been largely attributed to their non-binding character;

Amendment 9 #

Draft opinion
Paragraph -1 a (new)

-1a. Notes with concern that there is an asymmetry between the rights and obligations of transnational corporations, particularly in investment protection treaties, where investors are granted broad rights, that are not necessarily matched by binding and enforceable obligations in terms of compliance with human rights, labour and environmental law;

source: 752.880

2023/10/19 DEVE 5 amendments...

Amendment 1 #

Draft opinion
Paragraph 2

2. Recalls that people in developing countries, especially indigenous and traditional communities, smallholders and other small-scale food producers, women, human rights defenders ~~and worker~~, workers, minorities and other vulnerable groups, are disproportionally affected by the human, labour and environmental rights violations committed by TNCs, which ~~often go unpunished~~is further aggravated by corruption and which often go unpunished, as in the emblematic cases of Mariana and Brumadinho (Brazil), Rana Plaza (Bangladesh), Marikana (South Africa) or Chevron-Texaco (Ecuador), among many others; calls to promote transparency by requiring TNCs to disclose relevant information about their operations, impacts on human rights, and measures taken to address them and ensure access to justice with special focus on social dimension and minorities and other vulnerable groups, and an effective remedy for victims of human rights violations and abuses;

Amendment 2 #

Draft opinion
Paragraph 3

3. Calls on the Council to adopt an ambitious mandate for the Commission to fully engage in the negotiations on the UN legally binding instrument on TNCs and human rights (LBI), in accordance with the objectives stipulated by UN Human Rights Council Resolution 26/9 of 14 July 2014, which mandates those negotiations; highlights that the negotiations, as well as the EU mandate should ensure cooperation with established and potential partners in the area of business and human rights and meaningful engagement with stakeholders impacted by the treaty, including international organisations, trade unions and other workers´ representatives and civil society organisations; stresses, furthermore, the need to adopt a gender-sensitive approach throughout the process, as human rights violations are not gender neutral and should not be treated as such; highlights the need to strengthen the EU's diplomacy and reputation as a credible partner and a human and environmental rights defender; stresses that to fulfil this purpose, the EU position must be based on the primacy of human rights and necessarily include strong enforcing and monitoring mechanisms (including reporting requirements and periodic reviews to ensure compliance), access to justice for those affected by human rights violations, and joint and several liability provisions for TNCs and their value chains that are different and independent from those of the states; calls the Commission to fully engage in the future negotiations for the UN binding treaty on business and human rights, with a broad substantive scope covering all internationally recognised human rights, including fundamental workers’ and trade union rights, as defined by relevant international labour standards and based on all relevant UN conventions; notes that the Member States should otherwise engage in the process individually;

Amendment 3 #

Draft opinion
Paragraphs 4 and 4 a (new)

4. Stresses the importance that the scope of the LBI under negotiation covers all TNCs and other business enterprises of a transnational character, as established by Resolution 26/9, as well as their activities conducted through affiliates, subsidiaries, agents, suppliers, partnerships, joint venture and beneficial proprietorship; worries, however, that there are still many governance gaps that persist at the international level and calls to continue multilateral engagement to send a consistent signal to existing and potential cooperation partners; 4 a. Stresses the importance to include parent company-based extraterritorial regulation and access to justice for victims of transnational corporate human rights violations in the home state of transnational corporations; highlights, in particular, the need to define clear obligations for TNCs in relation to the eradication of child labour and forced labour from their supply chains and operations;

Amendment 4 #

Draft opinion
Paragraph 5

5. Underlines that such an LBI, to effectively protect victims and guarantee access to justice, must include, among other things, free, prior and informed consent for activities developed in indigenous territories, the right to say no, the reversal of the burden of proof, mechanisms to assure extraterritorial jurisdiction, international cooperation obligations to enforce foreign judgments, the right to information and the right to full reparation.meaningful consultation and participation of affected individuals and communities in decision- making processes related to TNCs activities that may affect their lives and livelihoods, the right to say no, the reversal of the burden of proof, mechanisms to assure extraterritorial jurisdiction, such as the jurisdiction of necessity (forum necessitatis) and to forbid declining of jurisdiction (forum non conveniens), international cooperation obligations to enforce foreign judgments, the right to information and the right to full reparation; stresses that the right to full reparation refers both to the process of providing remedy to victims, their families or affected communities for negative human, labour or environmental rights violations suffered and the substantive outcomes that can counteract, or make good, the negative impact of violations; highlights that reparation must be adequate, effective, prompt, and should be proportional to the gravity of the violations and the harm suffered, in all cases adapted to the specific context and condition of the rightsholder;

Amendment 5 #

Draft opinion
Paragraph 5 a (new)

5 a. Believes that in establishing human rights, environmental and climate- related due diligence obligations globally, the agreement strengthens the effectiveness of the upcoming EU CSDDD globally and create similarly high standards worldwide; underlines, in that respect, that CSDDD proposal should aim for a more comprehensive and inclusive approach; is convinced, moreover, that the UN treaty could make important provisions for improved legal protection for people affected, strengthening the EU directive;

source: 754.919

2023/10/26 AFET 108 amendments...

Amendment 1 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Citation 1 a (new)

– having regard to the Charter of Fundamental Rights of the European Union,

Amendment 10 #

Motion for a resolution
Recital B

B. whereas victims of corporate abuse often face multiple and overlapping obstacles to accessing remedies and these obstacles are even more severe for vulnerable or marginalised persons or groups; whereas impunity for human rights abuses by transnational corporations remains largely unaddressed in the absence of a robust and comprehensive regulatory framework and alignment at global and regional level;

Amendment 100 #

Motion for a resolution
Paragraph 28

28. Insists that the LBI should include the duty for states parties to develop a comprehensive and adequate system of legal liability that is responsive to the needs of victims, as regards remedy, and commensurate to the gravity of the abuse; insists that the LBI should establish conditions in which the liability of companies can be duly established for harms for which they are responsible, including in their value chains;

Amendment 101 #

Motion for a resolution
Paragraph 28

Amendment 102 #

Motion for a resolution
Paragraph 29

29. Insists that the LBI should address the practical and procedural obstacles faced by victims of corporate abuse when seeking justice, including a broad jurisdiction regime allowing courts to assert jurisdiction in a diversity of situations, a prohibition on the use of forum non conveniens and provisions on connected claims and forum necessitatis; articles guaranteeing that statutes of limitations are adequate and not unduly restrictive; as well as provisions providing for the choice of applicable law for victims in transnational legal cases;

Amendment 103 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 29

29. Insists that the LBI should address the practical and procedural obstacles faced by victims of corporate abuse when seeking justice; stresses the importance of the role of human rights defenders, groups and organisations and trade union activists, and the importance of explicitly including in the treaty the recognition of the right to defend human, environment and workers’ rights, explicitly referencing the right of defenders to be protected and free from intimidation and reprisals;

Amendment 104 #

Motion for a resolution
Paragraph 29

29. Insists that the LBI should address the practical and procedural obstacles faced by victims of corporate abuse when seeking justice with due attention to vulnerable or marginalized persons or groups;

Amendment 105 #

Motion for a resolution
Paragraph 29

29. Insists that the LBI should address the practical and procedural obstacles faced by victims of corporate abuse when seeking justice; whilst avoiding facilitating abusive claims;

Amendment 106 #

Motion for a resolution
Paragraph 30 a (new)

30 a. Insists that the LBI should confer sufficient powers to the Conference of Parties, namely to establish subsidiary bodies, have decision-making power on implementation including the adoption of additional protocols and other binding standards; considers that the committee established under the LBI should be empowered to receive and consider communications and complaints from individuals, communities, or their representatives concerning human rights abuses by business enterprises contrary to the provisions of the LBI and concerning violations by a State Party of any of the rights set forth in the LBI;

Amendment 107 #

Motion for a resolution
Paragraph 30 a (new)

30 a. Calls on the Council to adopt an ambitious mandate for the Commission to fully engage in the negotiations on the UN LBI on TNCs and human rights, in accordance with the objectives stipulated by UN Human Rights Council Resolution 26/9 of 14 July 2014, which mandates those negotiations; notes that the Member States should otherwise engage in the process individually under this same basis;

Amendment 108 #

Motion for a resolution
Paragraph 30 b (new)

30 b. Calls on the Commission to step up its financial and technical support to national authorities in non-EU countries in the area of business and human rights, notably through the adoption and implementation of National Action Plans under the UNGPs, as well as legislative initiatives aiming to regulate business activities in relation to human rights and environment-related obligations; encourages the Commission to increase its support to civil society organisations in this area, including in relation to the LBI;

Amendment 11 #

Motion for a resolution
Recital B

B. whereas victims of corporate abuse face multiple and overlapping obstacles to accessing remedies, including judicial remedies and guarantees of non- repetition; whereas impunity for human rights abuses by ~~transnational corporation~~business enterprises remains largely unaddressed in the absence of a robust and comprehensive regulatory framework and alignment at global and regional level;

Amendment 12 #

Katalin CSEH, Samira RAFAELA, Anna Júlia DONÁTH

Motion for a resolution
Recital B

B. whereas victims of corporate abuse face multiple and overlapping obstacles to accessing remedies; whereas impunity for human rights abuses ~~by transnational corporation~~committed by some companies remains largely unaddressed in the absence of a robust and comprehensive regulatory framework and alignment at global and regional level;

Amendment 13 #

Motion for a resolution
Recital B a (new)

B a. whereas, in recent years, the EU has initiated a number of legislative measures aimed at regulating business activities to protect human rights and to establish environmental and climate- related obligations, such as the Corporate Sustainability Due Diligence Directive, the Regulation banning products made with Forced Labour, the Regulation on Deforestation Free Products, the Conflict Minerals Regulation or the Critical Raw Materials Act;

Amendment 14 #

D. whereas the OEIGWG, which has been chaired by Ecuador since its inception, has, to date, held eight sessions and a number of regional and other consultations with stakeholders, including from civil society and the private sector; whereas, in July 2023, the Chair circulated an updated draft of the instrument ahead of the OEIGWG’s ninth session scheduled for 23-27 October 2023 which was contested by several UN Member States during the opening of the ninth session on 23 October; whereas, subsequently, the Chair proposed, and the plenary finally adopted, to use both this new updated draft as well as the previous third draft with comments from Member States as the working documents for the negotiations during the OEIGWG’s ninth session;

Amendment 15 #

Motion for a resolution
Recital D a (new)

D a. whereas during the 8th session of the OEIGWG in 2022, several states argued that an alternative instrument in the form of a "Framework Convention Agreement", as opposed to a "Treaty", may be more of a workable format that would help in reaching agreement on essential minimum standards while allowing for greater flexibility in terms of national implementation;

Amendment 16 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Recital E

E. whereas the position of the EU and the Member States has marginally evolved in relation to the work of the OEIGWG; whereas the EU has been working on ambitious legislation regarding corporate due diligence amongst others, which would serve as a basis for its negotiating mandate; whereas these files have not been completed yet and therefore a clear basis for a negotiating mandate has not yet been established; whereas, in the absence of a negotiating mandate, the EU representative only participated in the OEIGWG’s sessions as an observer and only contributed general statements; whereas also the engagement of other large economies outside the EU in the discussions has been ambivalent over the years;

Amendment 17 #

Motion for a resolution
Recital E

E. ~~whereas the position of the EU and the Member States has marginally evolved in relation to the work of the OEIGWG;~~ whereas, in the absence of a negotiating mandate, the EU representative only participated in the OEIGWG’s sessions as an observer and only contributed general statements;

Amendment 18 #

Motion for a resolution
Recital G

G. whereas Parliament has ~~consistently~~shown supported for the UN discussions on the LBI, including by adopting a number of resolutions calling for the EU and the Member States to engage constructively in the negotiations;

Amendment 19 #

Motion for a resolution
Recital H

H. whereas, in recent years, the EU has initiated a number of legislative initiatives aimed at regulating business activities on human rights and environmental and climate-related obligations notably through the proposal of an EU Corporate Sustainability Due Diligence Directive, the Regulation banning products made with Forced Labour, as well as numerous sectoral initiatives including the Regulation on Deforestation Free Products, the Conflict Minerals Regulation and the Critical Raw Material Acts;

Amendment 2 #

Motion for a resolution
Citation 4

– having regard to the updated draft legally binding instrument circulated by the Chair-Rapporteur of the Open-Ended Intergovernmental Working Group (OEIGWG) on 31 July 2023 and to the revised third draft resulting from the eight session, both used as working documents during the ninth round of negotiations,

Amendment 20 #

Thierry MARIANI, Jean-Lin LACAPELLE

Motion for a resolution
Recital H

H. whereas, in recent years, the EU has been showing great ambition when it comes to business and human rights, and has initiated a number of legislative initiatives aimed at regulating business activities on human rights and environmental and climate-related obligations;

Amendment 21 #

Motion for a resolution
Recital I

I. whereas several EU Member States have recently adopted mandatory due diligence legislation, while a number of other Member States are considering following suit; whereas Member States are free to lay down their legislation regarding their firms;

Amendment 22 #

Motion for a resolution
Recital I

I. whereas several EU Member States have recently adopted mandatory due diligence legislation, while a number of other Member States are considering following suit; whereas any national or EU due diligence legislation is not substitutive but complementary to the UN LBI;

Amendment 23 #

Motion for a resolution
Recital I

I. whereas ~~several~~a number of EU Member States such as France, Germany and the Netherlands have recently adopted or proposed mandatory due diligence legislation, while a number of other Member States are considering following suit;

Amendment 24 #

Motion for a resolution
Recital J

J. whereas regulatory initiatives, including legislation, on business and human rights have been adopted, or are under discussion, in non-EU countries; such as Australia, Brazil, Canada, Ghana, Japan, Mexico, New Zealand, Norway, South Africa, Switzerland and the USA; whereas numerous other countries have developed a National Action Plan on Business and Human Rights;

Amendment 25 #

Motion for a resolution
Recital J a (new)

J a. whereas the draft LBI contains a Regional Integration Organisation clause to accommodate the respective role of the EU and its Member States;

Amendment 26 #

Thierry MARIANI, Jean-Lin LACAPELLE

Motion for a resolution
Recital J b (new)

J b. whereas there is substantial and growing interest in, mobilisation around and expectations from the UN-level discussions on the LBI among affected communities, indigenous peoples, trade unions, members of civil society, scholars and experts globally;

Amendment 27 #

1. Stresses that the overall level of enjoyment of human rights worldwide is inevitably contingent on the behaviour of corporations, given the current scale of globalisation and the internationalisation of business activities and value chains; points out that European firms are among the most regulated and most taxed in the world; is concerned that suddenly imposing an additional and binding human rights framework on them would put them at a significant disadvantage vis- à-vis their international competitors, which would make Europeans poorer;

Amendment 28 #

Motion for a resolution
Paragraph 1

1. Stresses that the overall level of enjoyment of human rights worldwide is ~~inevitably~~among others contingent on the behaviour of corporations, given the current scale of globalisation and the internationalisation of business activities and value chains; emphasizes that all companies must be able to fulfil their human rights responsibilities and therefore be able to rely on good public governance and a well-functioning legal system;

Amendment 29 #

Motion for a resolution
Paragraph 1

1. Stresses that the overall level of enjoyment of human rights worldwide is inevitably contingent on the behaviour of corporations, given the current scale of globalisation and the internationalisation of business activities and value chains; stresses that the scope of any binding instrument must not be limited to forced labour and human trafficking in the supply chain but also covering human rights, trade unions’ and workers’ rights and the environment as main components;

Amendment 3 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Citation 5 a (new)

– having regard to the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct,

Amendment 30 #

Motion for a resolution
Paragraph 1

1. Stresses that the overall level of enjoyment of human rights worldwide is inevitably contingent, among others, on the behaviour of corporations, given the current scale of globalisation and the internationalisation of business activities and value chains;

Amendment 31 #

Motion for a resolution
Paragraph 2

2. Strongly supports the full implementation, within and outside the EU, of the international standards on responsible business conduct to complement and strengthen the implementation of the UNGPs; recognizes that abuses of workers' rights by companies are on the rise worldwide including inside EU and that according to ITUC Rights Index, 113 countries exclude workers from their right to establish or join a trade union, up from 106 in 2021, 87 % of countries violated the right to strike and four in five countries blocked collective bargaining;

Amendment 32 #

Motion for a resolution
Paragraph 2

2. Strongly supports the full implementation, within and outside the EU, of the international standards on responsible business conduct to complement and strengthen the implementation of the UNGPs, which are so far the only global framework that elaborates on a corporate responsibility for preventing and addressing the risk of adverse impacts on human rights linked to business activity; regrets however that the UNGPs are not embodied in enforceable instruments; recalls that the limited implementation of UNGPs has been widely attributed to their non- binding character;

Amendment 33 #

Motion for a resolution
Paragraph 2

2. SUnderlines the importance of the UNGPs and the OECD Guidelines and the broad support they enjoy; stresses that any effort towards a potential LBI should ensure full alignment with these standards; believes that there is a risk that new initiatives that diverge from the these standards will undermine the ongoing efforts to implement the latter; strongly supports the full implementation, within and outside the EU, of the international standards on responsible business conduct to complement and strengthen the implementation of the UNGPs;

Amendment 34 #

Motion for a resolution
Paragraph 3

3. Stresses that corporate social responsibility solely on a voluntary basis risks creating market distortions and unfair competition for the enterprises that choose to comply with international standards or that are subject to national or regional obligations; recognises that although some progress has been achieved, voluntary approaches have so far not lead to the elimination of human rights violations in the context of business operations; welcomes, therefore, the current shift in terms of normative developments from soft-law initiatives towards binding standards;

Amendment 35 #

Motion for a resolution
Paragraph 3

3. Stresses that corporate social responsibility solely on a voluntary basis risks creating market distortions and unfair competition for the enterprises that choose to comply with international standards or that are subject to national or regional obligations; welcomes, therefore, ~~the current shift in terms of normative developments from soft-law initiatives towards binding standards~~efforts to create a level playing field;

Amendment 36 #

Motion for a resolution
Paragraph 3 a (new)

3 a. Stresses that multilaterally- negotiated rules enjoy greater legitimacy within the international community, while national and regional corporate due diligence regulations may result in diplomatic tensions and conflicting expectations for companies alike;

Amendment 37 #

Motion for a resolution
Paragraph 4

4. Underlines the importance of closing the legal and regulatory loopholes which are being exploited by some transnational corporations and investors at the cost of human rights and the environment;

Amendment 38 #

Motion for a resolution
Paragraph 4

4. Underlines the importance of closing the legal and regulatory loopholes which are being exploited by ~~transnational corporations and~~business enterprises, including investors at the cost of human rights and the environment;

Amendment 39 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 4

4. Underlines the importance of closing the legal and regulatory loopholes which are being exploited by transnational corporations and investors at the cost of human rights ~~and the environment~~;

Amendment 4 #

Motion for a resolution
Citation 11 a (new)

– having regard to the UN Convention against Corruption,

Amendment 40 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 5

5. Notes, with concern, that many procedural, substantive and practical barriers persist regarding access to justice for victims, including difficulties in identifying the competent court, barriers related to jurisdictional standards, short statutory limitation periods, excessive evidentiary burdens, limited liability owing to the corporate veil, access to legal representation and information, as well as other inequalities between claimants and defendants; highlights that EU Companies that invest in a third country should assume the civil and criminal liability of crimes and offences they commit or that their leaders, their managers or the members of their bodies decision-makers – one-person or College; that this responsibility includes not only for committing directly an offence, but also for complicity, collaboration, instigation, incitement and/or concealment; that it is appropriate to ensure that both the legal entity and the individuals who committed the violation human rights can be brought to justice in the state of the European Union of which they are nationals; that it is appropriate to, in all cases, to establish a joint and several liability between entities contractors and subcontractors, so that, regardless of the nationality of the principal entity or, if applicable, subcontractor who commits the offence, victims will be able to sue against the main entity, whether it is in the country where the offence was committed, or in the principal entity's country of origin (where it is established);

Amendment 41 #

Motion for a resolution
Paragraph 5

Amendment 42 #

Motion for a resolution
Paragraph 5

Amendment 43 #

Motion for a resolution
Paragraph 5

5. Notes, with concern, that in the judicial systems of certain states, many procedural, substantive and practical barriers persist regarding access to justice for victims, including difficulties in identifying the competent court, barriers related to jurisdictional standards, short statutory limitation periods, excessive evidentiary burdens, ~~limited~~unclear liability ~~owing to the corporate veil~~, access to legal representation and information, as well as other inequalities between claimants and defendants;

Amendment 44 #

Motion for a resolution
Paragraph 6

6. Strongly supports the work being carried out in the UN through the OEIGWG to develop the instrument; expresses its appreciation for the work of the successive Chairs from Ecuador in steering this complex endeavour and ~~welcomes the supportive rol~~takes note of the discomfort expressed by several states from the Global South during the opening of the ninth session about the role and outcome of the ’‘Friends of the Chair’ group in regard to the updated draft proposal;

Amendment 45 #

Motion for a resolution
Paragraph 6

6. SOnce again reiterates its strongly supports for the work being carried out in the UN through the OEIGWG to develop the instrument; expresses its appreciation for the work of the successive Chairs from Ecuador in steering this complex endeavour and welcomes the supportive role of the ’Friends of the Chair’ group;

Amendment 46 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 7

7. Calls on the Chair of the OEIGWG and the UN member states to ensure that the negotiations are conducted in a transparent manner, with meaningful engagement with all stakeholders, including civil society, ~~labour union~~trade unions and workers’ representatives and the private sector; insists, moreover, on the importance of ensuring active engagement from all regions, with a view to developing an effective instrument that reflects the global diversity of the legal, economic and political realities affecting human rights and that draws on best practices implemented at domestic and regional level; encourages regional human rights and economic organisations to help facilitate this universal engagement;

Amendment 47 #

Motion for a resolution
Paragraph 7

7. Calls on the Chair of the OEIGWG and the UN member states to ensure that the negotiations are conducted in a transparent manner, with meaningful engagement with all stakeholders, including civil society, labour unions and the private sector with due attention to vulnerable stakeholders; insists, moreover, on the importance of ensuring active engagement from all regions, with a view to developing an effective instrument that reflects the global diversity of the legal, economic, cultural and political realities affecting human rights and that draws on best practices implemented at domestic and regional level; encourages regional human rights and economic organisations as well as officials to help facilitate this universal engagement;

Amendment 48 #

Thierry MARIANI, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 8

8. Recalls that the EU has a Treaty- based commitment to promote human rights worldwide and UN multilateral solutions to common problems, which has yet to be reflected in its participation in the OEIGWG; points out, however, that in practice the EU uses human rights as a foreign policy tool to serve its perceived interests; takes the view that the double standards employed by the EU on human rights undermines its image and that of the Member States in the eyes of the world;

Amendment 49 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 8

8. Recalls that the EU has a Treaty- based commitment to promote human rights worldwide ~~and UN multilateral solutions to common problems~~, which has yet to be reflected in its participation in the OEIGWG with a negotiating mandate;

Amendment 5 #

Motion for a resolution
Recital A

A. whereas corporations are major players in economic globalisation, financial services and international trade, and are required to comply with all applicable laws and international treaties and to respect human rights; whereas business enterprises may cause, contribute or be directly linked to adverse impacts on human rights ~~and the environment~~, such as modern slavery, labour exploitation, poverty wages and anti-union violations, including violations or abuses that affect the rights of vulnerable groups, as well as adverse impacts on the environment , including pollution, climate change, environmental degradation and biodiversity loss ; whereas corporations may also have an important role to play in promoting human rights, environmental standards and corporate responsibility;

Amendment 50 #

Motion for a resolution
Paragraph 9

9. Acknowledges the OEIGWG as the only global and multilateral forum where mandatory rules on business and human rights are discussed and, therefore, considers it crucial ~~for the EU to actively participate~~that a critical mass of UN members, including the EU are engaged in this process;

Amendment 51 #

Motion for a resolution
Paragraph 10

10. Underscores that the latest normative developments at EU level on business and human rights have scarcely addressed access to justice and victims’ rights, which lie at the centre of the LBI as a core human rights treaty; stresses, in this regard, the complementary nature, objectives and scope of both normative tracks, which will operate at different levels; stresses that to fulfil its goals, the EU position must be based on the primacy of human rights and necessarily include: 1) strong enforcing and monitoring mechanisms, 2) access to justice for those affected by human rights violations, and 3) joint and several liability provisions for TNCs and their value chains that are different and independent from those of the States;

Amendment 52 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 10

10. Underscores that the latest normative developments at EU level on business and human rights have ~~scarce~~been gradually addresseding access to justice and victims’ rights, which lie at the centre of the LBI as a core human rights treaty; stresses, in this regard, the complementary nature, objectives and scope of as well as the need for coherence between both normative tracks, which will operate at different levels;

Amendment 53 #

Motion for a resolution
Paragraph 10

10. Underscores that the latest normative developments at EU level on business and human rights ~~have scarc~~are important initial steps but have not adequately addressed access to justice and victims’ rights, which lie at the centre of the LBI as a core human rights treaty; stresses, in this regard, the complementary nature, objectives and scope of both normative tracks, which will operate at different levels;

Amendment 54 #

Motion for a resolution
Paragraph 11

11. Believes that the EU should actively engage in the ongoing negotiations, in particular to further develop the draft LBI, while focusing on victims of business-related abuses committed by TNCs or by an enterprise participating in a global value chain conducted by a TNC, dismantling barriers to justice and effective remedy, and enhancing cooperation by drawing on international perspectives and best practices; considers that this engagement would ultimately contribute to securing better implementation and enforcement of human rights internationally, while equally contributing to an international level playing field and delivering a global instrument that is both widely supported and ratified among states across all regions, including but not limited to Europe, and that remains relevant in the face of constantly evolving business- related threats to human rights;

Amendment 55 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 11

11. Believes that the EU should actively engage in the ongoing negotiations, in particular to further develop the draft LBI, while focusing on victims of business-related abuses, ensuring a level playing field and legal certainty for businesses, in particular SMEs, dismantling barriers to justice and effective remedy, and enhancing cooperation by drawing on international perspectives and best practices; considers that this engagement would ultimately contribute to securing better implementation and enforcement of human rights internationally, while equally contributing to an international level playing field and delivering a global instrument that is both widely supported and ratified among states across all regions, ~~including but not limited to Europe,~~ and that remains relevant in the face of constantly evolving ~~business-related~~ threats to human rights;

Amendment 56 #

Motion for a resolution
Paragraph 11

11. Believes that the EU should actively engage in the ongoing negotiations, in particular to further develop the draft LBI, while focusing on victims of business-related abuses, dismantling barriers to justice and effective remedy, and enhancing cooperation by drawing on international perspectives and best practices; considers that this engagement would ultimately contribute to securing better implementation and enforcement of human rights internationally, while equally contributing to an international level playing field and delivering a global instrument that is both widely supported and ratified among states across all regions, including but not limited to the European Union, and that remains relevant in the face of constantly evolving business- related threats to human rights;

Amendment 57 #

Motion for a resolution
Paragraph 11 a (new)

11 a. Stresses that the LBI under negotiation covers all TNCs and other business enterprises of a transnational character, as established by UN Resolution 26/9, and subsequently responsibility must apply across the entire value chain and that the EU should set an example in this regard; calls on the Member States to take appropriate measures to ensure, by appropriate judicial, administrative, legislative or other means, that victims in third countries have access to an effective remedy in the territory where the company's principal seat is located within the EU by the "lifting of the veil of legal personality", where an undertaking based in the Union owns, directs or controls companies responsible for human rights violations in third countries; considers that, in all cases, joint and several liability should be established between procuring and subcontracting entities, so that, regardless of the nationality of the subcontracting entity committing the crime, victims can take action against the principal entity, whether in the country where the crime was committed or in the country of origin of the principal entity (where it is established); calls on the Member States to take the necessary steps to measures needed to eliminate legal, practical and other barriers that could prevent access to a remedy, and to put in place the procedural channels appropriate to allow access to the justice of victims from third countries in both civil and criminal matters;

Amendment 58 #

Motion for a resolution
Paragraph 11 a (new)

11 a. Is of the opinion that further development of the draft LBI is not dependent on the EU alone, but also requires the serious engagement of other large economies in order to reach a consensus-based outcome that can rely on broad support globally;

Amendment 59 #

Motion for a resolution
Paragraph 12

12. Welcomes the Council’s commitment that the EU will strengthen its engagement and actively participate in the OEIGWG; considers, however, that the only meaningful and tangible way to enact this stated commitment is by adopting an EU mandate for negotiations; urges, therefore, the Commission to recommend that the Council adopt an ambitious mandate for negotiations as soon as possible so that the EU is able to actively participate in the negotiations for the aspects that fall under its competence with a view to shaping the future LBI, which is already at an advanced stage, while other elements of the LBI remain within the competence of the EU Member States;

Amendment 6 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Recital A

A. whereas corporations are major players in economic globalisation, financial services and international trade, and are required to comply with all applicable laws and international treaties and to respect human rights; whereas ~~business enterprises may cause, contribute or be directly linked to adverse impacts on human rights and the environment; whereas corporations may also~~corporations may contribute to sustainable development through job creation and economic development, and therefore may have an important role to play in the promotingon of human rights, environmental standards and corporate responsibility as well as in the prevention of adverse impacts on human rights and the environment;

Amendment 60 #

Motion for a resolution
Paragraph 12

12. Welcomes the Council’s commitment that the EU will strengthen its engagement and actively participate in the OEIGWG; considers, however, that the only meaningful and tangible way to enact this stated commitment is by adopting an EU mandate for negotiations; urges, therefore, the Commission to recommend that the Council adopt an ambitious mandate for negotiations as soon as possible so that the EU is able to actively participate in the negotiations with a view to shaping the future LBI~~, which is already at an advanced stage~~;

Amendment 61 #

Motion for a resolution
Paragraph 12

12. Welcomes the Council’s commitment that the EU will strengthen its engagement and actively participate in the OEIGWG; considers, however, that the only meaningful and tangible way to enact this stated commitment is by adopting an EU mandate for negotiations; urges, therefore, ~~the Commission to recommend that~~ the Council to adopt an ambitious mandate for negotiations as soon as possible so that the EU is able to actively participate in the negotiations with a view to shaping the future LBI, which is already at an advanced stage;

Amendment 62 #

Motion for a resolution
Paragraph 13

13. Calls on the Member States, in the meantime, to coordinate their positions ahead of the negotiations, so as to defend a strong, common and clear EU position presenting in a constructive manner the legislative initiatives aiming to regulate business activities in relation to human rights and climate-related obligations, while showing appreciation for the progress made to date; expects the European External Action Service and the Commission, in particular the EU Delegation to the UN in Geneva, to play a proactive and constructive role in this process;

Amendment 63 #

Motion for a resolution
Paragraph 13

13. Calls on the Member States, in the meantime, to coordinate their positions ahead of the negotiations, so as to defend a strong, common and clear EU position in line with the original UN Resolution 26/9 that initiated the ongoing negotiations on the LBI; expects the European External Action Service and the Commission, in particular the EU Delegation to the UN in Geneva, to play a proactive and constructive role in this process;

Amendment 64 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission, the European External Action Service and the Member States to engage proactively with all partner states and prioritise the topic in their dialogues with non-EU countries and regional organisations, notably in the framework of the EU’s structured human rights dialogues; encourages the EU to reach out in particular to key partners who are currently developing their own framework on business and human rights at national level, such as Brazil and Japan, or at regional level, such as the African Commission on Human and Peoples’ Rights and the Inter-American Commission on Human Rights;

Amendment 65 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 14

14. Calls on the Commission, the European External Action Service and the Member States to engage proactively with all partner states and prioritise the topic in their dialogues with non-EU countries and regional organisations, including in the human rights dialogues; calls on the EU to promote as well the development of non-judicial mechanisms, such as ombudsman offices or national contact points, to provide accessible and efficient remedies for victims; further calls on the EU to advocate for robust whistle-blower protection legislation to safeguard individuals who expose corporate human rights abuses worldwide;

Amendment 66 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission, the European External Action Service and the Member States to engage proactively with all partner states and ~~prioritis~~include the topic in their dialogues with non-EU countries and regional organisations;

Amendment 67 #

Motion for a resolution
Paragraph 14 a (new)

14 a. Calls for the creation of a Public Supervisory Agency of European transnational corporations, which would be responsible for analysing and monitoring the practices conducted by European based TNCs and other business enterprises of a transnational character in regards with human rights; stresses that this Public Supervisory Agency of European TNCs should go hand in hand with annual public vigilance plans at EU and national level and should at least include the following aspects: a mapping of risk; procedures to regularly assess how subsidiaries, suppliers, and subcontractors are performing against this risk mapping; measures to prevent and mitigate serious violations; a functioning alert mechanism that collects reporting of existing or actual risks, developed in partnership with trade union organizations; monitoring mechanisms to evaluate implementation and effectiveness of measures implemented; requests that this Agency makes its findings public and submits them regularly to the European Parliament;

Amendment 68 #

Motion for a resolution
Paragraph 15

15. ~~Welcomes~~Takes note of the updated draft LBI, published in July 2023, and ~~considers that it offers a solid and promising basis for advancing negotiations, while also recognising the need for improvement~~of the numerous critics deployed by the African group and other UN Member States from the Global South questioning the transparency, legitimacy and contents of this new document and supporting Ivory Coast’s proposal of recovering the third revised draft with comments from the UN Member States resulting from the eight session as the working document for the 2023 ninth session;

Amendment 69 #

Motion for a resolution
Paragraph 16

16. Believes that an LBI wshould be compatible with and complementary to the ongoing normative developments at EU level, and thus would contribute to creating a more coherent global legal framework on business and human rights;

Amendment 7 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Recital A

Amendment 70 #

Motion for a resolution
Paragraph 17

17. Supports a broad scope for the LBI, which aims to cover all business enterprises, including transnational business activities and state-owned enterprises and which allows for differentiation so that obligations are commensurate with enterprise size, sector, operational context and the severity of impacts on human rights; considers that allowing states parties the flexibility to differentiate, under their domestic legislation, how business enterprises discharge the prevention obligations under the LBI, would provide important leeway for national adaptation and would be consistent with the universal scope of the UNGPs;

Amendment 71 #

Motion for a resolution
Paragraph 17

17. Supports a broad scope for the LBI, which aims to cover all business enterprises, including transnational business activities and state-owned enterprises; considers that allowing states parties the flexibility to differentiate, under their domestic legislation, how business enterprises discharge the prevention obligations under the LBI, commensurate with their size, sector, ownership, operational context or the severity of impacts on human rights, would provide important leeway for national adaptation and would be consistent with the universal scope of the UNGPs;

Amendment 72 #

Motion for a resolution
Paragraph 17

17. Supports a broad scope for the LBI, which aims to cover all business enterprises, including transnational business activities and state-owned enterprises; considers that allowing states parties the flexibility to differentiate, under their domestic legislation, how business enterp of a transnational character participating in global value and supply chains, with special focus on transnational business activities and state-owned enterprises, as well as their activities conducted through affiliates, subsidiarises ~~discharge the prevention obligations under the LBI, would provide important leeway for national adaptation and would be consistent with the universal scope of the UNGPs~~, agents, suppliers, partnerships, joint venture and beneficial proprietorship;

Amendment 73 #

Motion for a resolution
Paragraph 17

17. Supports a broad scope for the LBI, which ~~aims to cover all business enterprises, including~~includes transnational business activities and state-owned enterprises; considers that allowing states parties the flexibility to differentiate, under their domestic legislation, how business enterprises discharge the prevention obligations under the LBI, would provide important leeway for national adaptation and would be consistent with the universal scope of the UNGPs;

Amendment 74 #

Motion for a resolution
Paragraph 17 a (new)

17 a. Highlights that in many regions of the world, MSMEs (Micro-Small and Medium Enterprises) are often the driving force of local economies; underlines MSMEs account for 90 % of businesses, 60 to 70 % of employment and 50 % of GDP worldwide; reiterates the importance of ensuring that obligations and requirements in the instrument are commensurate and proportionate to the size, resources and leverage of companies, and calls on the EU to provide safeguards and exemptions for MSMEs in the negotiations of the instrument;

Amendment 75 #

Motion for a resolution
Paragraph 17 a (new)

17 a. Believes that business activities should be understood to include both actions and omissions and supports a broad definition of business relationships in line with the UNGPs;

Amendment 76 #

Motion for a resolution
Paragraph 19

19. Regrets the fact that several references, including liability, to the environment and climate change were removed from the scope of the LBI in the latest draft; considers that the EU and the Member States should strive for the environmental and climate impact of business activities to be included within the scope of the LBI, and reflect the growing realisation of the human rights impact of climate change and environmental degradation and the impact of business activities in this area;

Amendment 77 #

Motion for a resolution
Paragraph 19

19. ~~Regret~~Endorses the fact that several references to the environment and climate change were removed from the scope of the LBI in the latest draft; ~~considers that the EU and the Member States should strive for the environmental and climate impact of business activities to be included within the scope of the LBI;~~

Amendment 78 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 19

19. Regrets the fact that, among other relevant elements included in the UN Resolution 26/9, several references to the environment and climate change were removed from the scope of the LBI in the latest draft; considers that the EU and the Member States should strive for the environmental and climate impact of business activities to be included within the scope of the LBI;

Amendment 79 #

Motion for a resolution
Paragraph 19

19. Regrets the fact that several references to the environment and climate change were removed from the scope of the LBI in the latest draft; considers that the EU and the Member States should strive for the environmental and climate impact of business activities to be included within the scope of the LBI in line with EU legislation;

Amendment 8 #

Motion for a resolution
Recital A a (new)

A a. whereas there is an asymmetry between the rights of business enterprises, particularly in investment protection treaties, where investors are granted broad rights that are not necessarily matched by binding and enforceable obligations in terms of compliance with human rights, labour and environmental law;

Amendment 80 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 19

19. ~~Regret~~Notes the fact that several references to the environment and climate change were removed from the scope of the LBI in the latest draft; ~~consider~~recommends that the EU and the Member States ~~should strive for the environmental and climate impact of business activities to be included within the scope~~take into account EU policies and ambitions in the field of climate and environment when engaging in discussions ofn the LBI;

Amendment 81 #

Motion for a resolution
Paragraph 19 a (new)

19 a. Calls for the EU and Member States to strive for a reference on the importance of the fight against corruption along the lines of the UN Convention against Corruption, recognising that corruption facilitates, perpetuates and institutionalises human rights violations;

Amendment 82 #

Motion for a resolution
Paragraph 20

20. Stresses that the LBI should provide for an ambitious, comprehensive, responsive and compulsory framework for the prevention of human rights abuses by corporations, notably by setting the obligation for States Parties to adopt appropriate and effective legislative, regulatory and other measures to prevent corporate abuse and to ensure the practice of human rights and environmental due diligence by all business enterprises; notes, in this regard, that allowing states parties the flexibility to adapt their preventive frameworks to their own legal systems would be a key factor in securing broad adherence to the LBI;

Amendment 83 #

Motion for a resolution
Paragraph 20

20. Stresses that the LBI should provide for an ambitious, comprehensive, responsive and compulsory framework for the prevention of human rights abuses by corporations; notes, in this regard, that allowing states parties the flexibility to adapt their preventive frameworks to their own legal systems would be a key factor in securing broad adherence to the LBI, provided the main goals, the primacy of human rights, the binding core elements and the scope of the instrument remain unchanged through these national transpositions;

Amendment 84 #

Motion for a resolution
Paragraph 21

21. Calls for the EU and the Member States to ensure, in line with the provisions under the UNGPs, that the LBI prevention framework obliges corporate actors to pay particular attention to their activities ~~in relation to~~and conduct heightened due diligence when operating in conflict-affected areas or territories under occupation or annexation, where the risk of gross human rights violations is heightened, including by adding references to international humanitarian law, international criminal law and customary international law in the scope of the LBI; believes that the LBI should also address aspects related to corporate activities in disaster-affected or in relation to climate-vulnerable communities, which are becoming ever more relevant in the context of the climate crisis;

Amendment 85 #

Motion for a resolution
Paragraph 21

21. Calls for the EU and the Member States to ensure, in line with the provisions under the UNGPs, that the LBI ~~prevention framework obliges~~adopts a risk based approach by encouraging corporate actors to pay particular attention to their activities in relation to areas or activities where the risk of gross human rights violations is heightened, such as conflict-affected areas or territories under occupation or annexation~~, where the risk of gross human rights violations is heightened~~, including by adding references to international humanitarian law, international criminal law and customary international law in the scope of the LBI;

Amendment 86 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 22

22. Believes that the obligation for companies to undertake regular human rights impact assessments prior to and throughout operations, and to take into account the needs of those at heightened risk, constitute particularly important elements for the LBI prevention framework, including by integrating a gender perspective, but also by taking into account issues concerning groups at risk of vulnerability or marginalisation, as indigenous and traditional communities, minorities and human rights and environmental defenders;

Amendment 87 #

Motion for a resolution
Paragraph 22

Amendment 88 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 22

22. Believes that the obligation for companies to undertake regular and risk- based human rights impact assessments prior to and throughout operations, and to take into account the needs of those at heightened risk, constitute particularly important elements for the LBI prevention framework, including by integrating a gender perspective, but also by taking into account issues concerning groups at risk of vulnerability or marginalisation;

Amendment 89 #

Motion for a resolution
Paragraph 23

23. Calls for the LBI to provide a central role to affected stakeholders, in particular through the obligation to promote the active and meaningful participation of relevant stakeholders, including trade unions, non-governmental organisations, indigenous peoples and community-based organisations, as well as the private sector, in the implementation of legislation, policies and other measures with special attention to the access to justice and remedies;

Amendment 9 #

Motion for a resolution
Recital B

B. whereas victims of corporate abuse, such as child labour and other forms of labour exploitation, pollution and environmental degradation, land displacement or violations of trade union’s rights as representatives of worker’s, face multiple and overlapping obstacles to accessing remedies; whereas impunity for human rights abuses by transnational corporations remains largely unaddressed in the absence of a robust and comprehensive regulatory framework and alignment at global and regional level;

Amendment 90 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 23

23. Calls for the LBI to provide a central role to affected stakeholders, in particular through the ~~obligation to promote the~~promotion of an active and meaningful participation of relevant stakeholders, including trade unions, non-governmental organisations, indigenous peoples and community-based organisations, as well as the private sector, in the implementation of ~~legislation, policies and other measures~~the LBI;

Amendment 91 #

Motion for a resolution
Paragraph 23 a (new)

23 a. Calls for the LBI to provide a definition for active and meaningful participation of relevant stakeholders, including requirements for interactive processes of engagement conducted in good faith, on an ongoing basis, with proper follow-through, involving the identification and removal of potential barriers to engagement, and ensuring the safe participation of stakeholders without fear of reprisal;

Amendment 92 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 24

24. Stresses the importance for the EU and the Member States to ensure that the LBI includes the duty to protect the safety of human rights defenders, defenders of the environment, journalists, workers and indigenous peoples and other marginalised groups, and to mainstream consideration for these groups throughout the instrument; insists, in particular, on the importance of enshrining the principle of free, prior and informed consent of indigenous peoples therein;

Amendment 93 #

Motion for a resolution
Paragraph 25

25. Emphasises the need to ensure that states implement robust and effective, yet practical enforcement and compliance monitoring mechanisms; insists, furthermore, on the need for regular and in- depth reporting to be required from corporations and states parties; is concerned about the risks of forum- shopping and its impact on a level playing field, particularly in the context of the EU, urges EU level instruments to mitigate these risks including a monitoring mechanism through the European Semester for policy coordination;

Amendment 94 #

Motion for a resolution
Paragraph 25

25. Emphasises the need to ensure that states implement robust and effective, yet practical enforcement and compliance monitoring mechanisms; insists, furthermore, on the need for regular and in- depth reporting to be required from corporations and states parties; notes the potential role of processes adopted to develop National Action Plans on business and human rights in this regard;

Amendment 95 #

Katalin CSEH, Samira RAFAELA, Charles GOERENS, Anna Júlia DONÁTH

Motion for a resolution
Paragraph 25

25. Emphasises the need to ensure that states implement robust and effective, yet practical and proportional enforcement and compliance monitoring mechanisms; insists, furthermore, ~~on the need for regular and in-depth reporting to be required from corporations and states partie~~that any reporting requirements will be designed in such a way that they can be aligned with existing EU legislation in this regard, in order to avoid duplication of requirements;

Amendment 96 #

Motion for a resolution
Paragraph 26

26. Expects the EU and the Member States to promote robust provisions on access to justice, including access to state- based judicial remedy, within the LBI, in line with their commitment to protect victims, fight impunity and to uphold~~ing~~ the UNGPs;

Amendment 97 #

Motion for a resolution
Paragraph 26 a (new)

26 a. Underlines that such an LBI, to effectively protect victims and guarantee access to justice, must include, among others, free, prior and informed consent for activities developed in indigenous territories, meaningful consultation and participation of affected individuals and communities in decision-making processes related to TNCs activities that may affect their lives and livelihoods, the right to say no, the reversal of the burden of proof, mechanisms to assure extraterritorial jurisdiction, such as the jurisdiction of necessity (forum necessitatis) and to forbid declining of jurisdiction (forum non conveniens), international cooperation obligations to enforce foreign judgments, the right to information and the right to full reparation; stresses that the right to full reparation refers both to the process of providing remedy to victims, their families or affected communities for negative human, labour or environmental rights violations suffered, as well as the substantive outcomes that can counteract, or make good, the negative impact of violations; highlights that reparation must be adequate, effective, prompt, and should be proportional to the gravity of the violations and the harm suffered, in all cases adapted to the specific context and condition of the rights-holder;

Amendment 98 #

Motion for a resolution
Paragraph 27

Amendment 99 #