25 Amendments of Estefanía TORRES MARTÍNEZ related to 2015/2315(INI)
Amendment 1 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to Article 103 of the Charter of the United Nations which stipulates that ‘in the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail’,
Amendment 5 #
Motion for a resolution
Citation 4
Citation 4
– having regard to Articles 2, 3, 8, 21, 23 and 11423 of the Treaty on European Union (TEU),
Amendment 7 #
Motion for a resolution
Citation 5
Citation 5
– having regard to Articles 81, 82, 83, 114, 208 and 352 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 11 #
Motion for a resolution
Citation 8
Citation 8
– having regard to its urgency resolutions on cases of breaches of human rights, democracy and the rule of law directly or indirectly involving European corporations, including those relating to the Central African Republic (2015/2874), Cambodia and Laos (2014/2515), Bangladesh (2014/2834 and 2013/2951), Qatar (2013/2952), South Africa (2012/2783), Iran (2011/2908), Sudan (2008/2580) and Turkey (1994/2644) among others,
Amendment 14 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to its resolution of 8 October 2013 on corruption in the public and private sectors: the impact on human rights in third countries,
Amendment 19 #
Motion for a resolution
Citation 13
Citation 13
Amendment 20 #
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to the report by the independent expert Alfred-Maurice de Zayas on the promotion of a democratic and equitable international order, presented to the United Nations General Assembly, which points out that ‘foreign direct investment and other capital flows can generate problems in areas beyond human rights’,
Amendment 28 #
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
– having regard to the EU strategy 2011- 14 for Corporate Social Responsibility COM(2011)681 final,
Amendment 37 #
Motion for a resolution
Recital B
Recital B
B. whereas all states and all business enterprises are bound by the UN Guiding Principles on Business and Human Rights apply to all states and to all business enterprises, whether transnational or other, regardless of their size, sector, location, ownership and structure, but pointing out that these currently lack effective control and sanction mechanisms;
Amendment 42 #
Motion for a resolution
Recital C
Recital C
C. whereas the UN Global Compact3, comprising ten principles, asks corporations to embrace, support and enact, within their sphere of influence, a set of core values in the areas of human rights, labour standards, the environment and the fight against corruption, making a commitment to those values and integrating them into their business operations on a voluntary basis, but pointing out that this Compact is insufficient given that it continues to rely on voluntary compliance with its content; __________________ 3 https://www.unglobalcompact.org/what- is-gc/mission/principles.
Amendment 48 #
Motion for a resolution
Recital D
Recital D
D. whereas corporations are one of the major players in economic globalisation and international trade and are required to comply with all applicable laws and international treaties in force and to respect human rights;
Amendment 59 #
Motion for a resolution
Recital F
Recital F
F. whereas there is a serious and concrete risk ofare corporate practices that resulting in forced labour, and sexual and child exploitation by European corporations;
Amendment 69 #
Motion for a resolution
Recital H
Recital H
H. whereas, where protecting human rights are breached, appropriate and effective remedies are required; whereas a fairer and more effective remedies system is needed under domestic law to deal with human rights violations committed by business enterprisesmust be a priority for the Member States and the Union itself, which should have an obligation to prevent European business enterprises from violating human rights regardless of the place where infringements are committed; whereas this priority requires the introduction of effective control and sanction mechanisms to deal with these violations, and measures to provide redress for rights that have been violated;
Amendment 91 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reaffirms the urgent need to act in a continuous, effective and coherent manner at all levels, including national and, European leveand international, in order to effectively address the legal problems resulting from the extra-territorial dimension of companies and of their conduct, and the related uncertainty as to where the civil and/or criminal liability for human rights violations lies;
Amendment 95 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the adoption of the UNGPs; emphasises that the UNGPs were agreed unanimously in the UN with the full support of EU Member States, the ILO and the International Chamber of Commerce, including support for the concept of a ‘smart mix’ of regulatory and voluntary action;
Amendment 99 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recognises the UN Global Compact, the ISO 26000 standard on social responsibility, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy and the OECD Guidelines for Multinational Enterprises as tools which can mobilise responsibility in the business activities of enterprises; points out, however, that compliance with respect for human rights should not be left to the discretion of enterprises;
Amendment 112 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises the major importance of CSR and welcomes the growing use of instruments based on CSR and the self- commitment by corporations; strongly emphasises, however, that avoiding violations of human rights is not a matter of charity or something to be done on a voluntary basis but a legal obligation on enterprises and their management people managing or financing them, wherever they may act and whatever their size or industrial sector;
Amendment 133 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the different but complementary roles of states and companies with regard to human rights protection; recalls that states have a duty to protect everyone within their jurisdiction, including against human rights abuses committed by companies, even if they operate in third countries; strongly recalls that, where human rights abuses occur, the victims’ statestate in which the abuse occurs must guarantee that those affected havem access to an effective remedy, and points out that the EU shares that duty with regard to areas of exclusive or shared competence; recognises that this means that the EU has an obligation to make its external relations conditional on third countries guaranteeing human rights and, in particular, effective remedy for people under their jurisdiction;
Amendment 135 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls foron the Commission and Member States to guarantee policy coherence on business and human rights at all levels: within different EU institutions, between the institutions, and between the EU and its Member States, and in particular in relation to the Union’s commercial policy;
Amendment 144 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the Commission and Member States to respect the principle of development policy coherence in their foreign policies and explicitly to include it in all treaties signed by them, in keeping with international commitments undertaken in relation to human rights, decent working conditions, gender equality and environmental sustainability;
Amendment 190 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Member States to take any appropriate steps to ensure, through judicial, administrative, legislative or other appropriate means, that when such human rights violations occur, those affected in third countries have access to an effective remedy in the territory where the infringing enterprise has its main seat within the EU, piercing the veil of the legal personality, when a corporation based in the EU holds, directs or controls companies that are responsible for human rights violations in third countries; takes the view that at all events joint and several liability should be established between contracting and subcontracting enterprises so that, regardless of the nationality of the subcontractor committing the illegal act, those affected can take action against the main company, whether in the country where the illegal act has been committed or in the main company’s country of origin (the country in which it has its seat); calls on the Member States to take appropriate steps to reduceliminate legal, practical and other relevant barriers that could lead to a denial of access to remedy and establish appropriate procedural means to enable those affected in third countries to have access to justice in both the civil and criminal courts;
Amendment 211 #
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 215 #
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 221 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Resolves that the European Parliament will not approve any EU agreement on economic matters with a third country unless it includes the following clause: ‘Undertakings that invest in a third country shall have civil and criminal liability for crimes and infringements committed by them and by their directors, management and members of decision-making bodies – whether single-member or collegiate. This liability shall derive not only from the direct commission of an illegal act but also from complicity, collaboration, instigation, inducement and/or concealment of that act. It must be guaranteed that both the legal entity and the individuals committing the human rights violation can be prosecuted in the EU Member State of which they are nationals. Joint and several liability must at all events be established between contracting and subcontracting companies so that, regardless of the nationality of the main company or where appropriate the subcontractor that commits the illegal act, those affected can take action against the main company, whether in the country where the illegal act has been committed or in the main company’s country of origin (the country in which it has its seat)’;
Amendment 255 #
Motion for a resolution
Paragraph 31 d (new)
Paragraph 31 d (new)
31d. Proposes the creation of a public agency to supervise the activity of European corporations, with the task of analysing, investigating and inspecting the practices of transnational corporations in third countries. Its core task would be to investigate the activities of corporations in third countries, and complaints lodged by groups and organisations affected by the practices of European corporations in third countries; proposes that the agency would make its conclusions public and present them to the European Parliament; proposes that this body would be responsible for awarding the product brand referred to in the previous paragraph;