13 Amendments of Liliana RODRIGUES related to 2018/2154(INI)
Amendment 122 #
Motion for a resolution
Recital S
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 126 #
Motion for a resolution
Recital S a (new)
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 128 #
Motion for a resolution
Recital S b (new)
Recital S b (new)
Sb. whereas the security and defence of citizens should be primarily provided by the authorities;
Amendment 149 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is alarmed in particular by the outsourcing of inherent state functionsStresses that Member States should not transfer their responsibility for the security and defence of their citizens exclusively to private entities; holds the view that such outsourcing creates great risks for human rights, especially when PMSCs are operating in armed conflicts or in privatised prisons or immigration-related detention facilities; recommends that Member States reverse as far as possible the outsourcing of functions regarding the security and defence of citizens;
Amendment 174 #
Motion for a resolution
Paragraph 8
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 182 #
Motion for a resolution
Paragraph 8 a (new)
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 205 #
Motion for a resolution
Paragraph 12 a (new)
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)
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)
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 221 #
Motion for a resolution
Paragraph 16
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 227 #
Motion for a resolution
Paragraph 17
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 are properly trained and comply with international human rights and humanitarian law standards;
Amendment 232 #
Motion for a resolution
Paragraph 17 a (new)
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 234 #
Motion for a resolution
Paragraph 18
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;