14 Amendments of Maria NOICHL related to 2018/0356M(NLE)
Amendment 3 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that Parliament gave its consent to the EU-Viet Nam Framework Agreement on Comprehensive Partnership and Cooperation (PCA) on 17 December 20151 , which defines future relations and aims to enhance further cooperation on global and regional challenges; notes with concern that serious human rights violations have continued since the entry into force of the PCA; _________________ 1 Texts adopted, P8_TA(2015)0467.
Amendment 10 #
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges Viet Nam’s efforts to undertake an ambitious reform agenda, notably on the environmental and labour rights of the sustainable development chapter of the FTA; welcomes the ratification of six out of eight core ILO Conventions, namely No. 29 on forced labour, Nos. 100 and 111 on non- discrimination, Nos. 138 and 182 on child labour and most recently No. 98 on the right to organise and collective bargaining; calls on the Vietnamese Government to quickly ratify and fully implement the outstanding Conventions; regrets that the sustainable development chapter does not create any legal and binding obligation; calls for a public and binding calendar for the ratification of ILO Conventions No. 87 on Freedom of Association and Protection of the Right to Organize and No. 105 on the Abolition of Forced labour;
Amendment 16 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that labour rights and trade union freedoms, including those enshrined in the fundamental ILO conventions, are not reflected under the actual penal code; Remains concerned that Viet Nam rejected an high number of recommendations made during the Universal Periodic Review 2019 regarding the penal code in order to bring it in line with the International Covenant on Civil and Political Rights; Calls on Vietnamese authorities to implement these recommendations, with clear and public benchmarks and calendar;
Amendment 18 #
Draft opinion
Paragraph 4
Paragraph 4
4. Remains concerned about human rights violations, including the application of the death penalty in Viet Nam; calls on Viet Nam to introduce a moratorium and move towards abolition; highlights that human rights constitute a cornerstone of the trade and sustainable development chapter of the FTA; calls for periodic evaluation of the impact of the agreementcalls for periodic evaluation of the impact of the agreement; deeply regrets that the number of political prisoners, human rights, labour, religious and environmental activists, journalists and bloggers has dramatically increased in recent years, and calls for the immediate and unconditional release of all persons detained for the peaceful exercise of their freedom of expression;
Amendment 31 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. calls on the authorities of Vietnam to repeal its law on Cybersecurity and to bring legislation regulating public gatherings and demonstrations into conformity with the international legislation on freedom of assembly and association;
Amendment 33 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. highlights that human rights should constitute a cornerstone of trade and the sustainable development chapter of the FTA: regrets that instead it only focuses on a limited range of rights; calls therefore for a comprehensive human rights chapter with implementation measures, benchmarks and calendar; calls for the evaluation of the impact of the agreement periodically;
Amendment 34 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Deplores the refusal of the European Commission to carry out a human rights impact assessment on the EU-Vietnam free trade agreement and calls on the Commission to carry out one, prior to the entry into force of the agreement
Amendment 35 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Requests the application of the State to State dispute settlement to TSD Chapter
Amendment 39 #
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that Article 13 of the FTA embodies a cooperative approach based on common values and interests, taking into account the differences in the Parties’ respective levels of development; welcomes the possibility of first resolving matters that fall under Article 13 on trade and sustainable development through exchange in the Committee on Trade and Sustainable Development; recalls that a Party maygrets that in case that the matters are not resolved, the second mechanism that allows a Party to request that a Panel of Experts be convened to examine such matters in the event that the Committee is unable to resolve them satisfactorilyremains subordinated to the willingness of the parties and lacks legal guarantees;
Amendment 41 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. urges the establishment of an independent complaint mechanism providing affected citizens and local stakeholders with effective recourse with a view to addressing potential negative impacts on human rights and the establishment of a dispute settlement mechanism with provision for fines and the suspension of trade benefits;
Amendment 43 #
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights that the FTA creates an institutional and legally binding link to the PCA; points out that Article 1 of the PCA contains a standard human rights clause which can trigger appropriate measures, including, as a last resort, the suspension of the PCA, or parts thereof, without delay; recalls that the European Ombudsman, in case1409/2014/MHZ on the EU-Vietnam FTA, found that the preamble of the EU- Vietnam FTA and other traditional tools, such as the ‘essential element’ clause of PCA and the human rights dialogue, are insufficient to adequately respect EU obligations, especially when the third country´s legislation is not in line with international human rights standards;
Amendment 49 #
Draft opinion
Paragraph 7
Paragraph 7
7. Encourages the Commission to step up technical assistance and available funding to Viet Nam and its independent civil society in order to support Viet Nam’s compliance with its international human rights obligations and the monitoring of the proper implementation of Article 13 of the FTA.; notes with concerns that Vietnamese independent civil society has been violently repressed; calls on the Commission to indicate which Vietnamese independent civil society groups will be included in the domestic advisory groups and how it will ensure that their independence is preserved;
Amendment 57 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. calls for closer interaction with the European Parliament in preparation for the annual Human Rights Dialogues, debriefings and in updating of the EU Human Rights Country Strategy for Vietnam;
Amendment 60 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls therefore the EP to give its consent to the agreements only when these recommendations, are legally and effectively protected;