Activities of Jordi SOLÉ related to 2022/0221M(NLE)
Shadow reports (1)
REPORT containing a motion for a non-legislative resolution on the draft Council decision on the conclusion, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Government of Malaysia, of the other part
Amendments (38)
Amendment 1 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to the communication from the Commission of 22 June 2022 on the power of trade partnerships: together for green and just economic growth,
Amendment 2 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to the Second Optional Protocol to the International Covenant on Civil and Political Rights aiming to the abolition of the death penalty,
Amendment 3 #
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
— having regard to the International Covenant on Economic, Social and Cultural Rights (ICESCR) and its Optional Protocol,
Amendment 4 #
Motion for a resolution
Citation 8 c (new)
Citation 8 c (new)
— having regard to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and its Optional Protocol,
Amendment 5 #
Motion for a resolution
Citation 8 d (new)
Citation 8 d (new)
— having regard to the International Convention for the Protection of All Persons from Enforced Disappearance (ICERD),
Amendment 6 #
Motion for a resolution
Citation 8 e (new)
Citation 8 e (new)
— having regard to the 1951 Refugee Convention and its 1967 Protocol,
Amendment 7 #
Motion for a resolution
Citation 8 f (new)
Citation 8 f (new)
— having regard to the ILO conventions,
Amendment 8 #
Motion for a resolution
Citation 8 g (new)
Citation 8 g (new)
— having regard to the Rome Statute on the International Criminal Court,
Amendment 10 #
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
— having regard to its resolution of 17 December 2015 on Malaysia,
Amendment 11 #
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
— having regard to the International Covenant on Civil and Political Rights (ICCPR) of 1966 and its Optional Protocol,
Amendment 12 #
Motion for a resolution
Recital K
Recital K
K. whereas both parties to the EU- Malaysia PCA have reaffirmed their respect for democratic principles and human rights, as laid down in the Universal Declaration of Human Rights and in other relevant international human rights instruments; whereas Malaysia’s human rights record is highly problematic;
Amendment 13 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas following a period of repression and political instability, Malaysia’s November 2022 general elections led to the appointment of long- time opposition leader and former political prisoner Anwar Ibrahim as the country’s prime minister; whereas the new unity government faces steep challenges in pursuing democratic reforms, including in the area of rule of law, upholding human rights and overcoming a deep societal polarisation;
Amendment 17 #
Motion for a resolution
Recital M
Recital M
M. whereas Malaysia is not a signatory to the 1951 UN Refugee Convention; whereas about 185 000 refugees and asylum seekers, including over 100 000 ethnic Rohingya Muslims, are registered with the United Nations refugee agency (United Nations High Commissioner for Refugees) but have not been granted legal status; whereas Malaysia has been deporting refugees back to Myanmar, in an apparent violation of the right to asylum and the principle of non- refoulement;
Amendment 21 #
Motion for a resolution
Recital N
Recital N
Amendment 23 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that the EU is committed to a free, open and rules-based Indo-Pacific region; reiterates that the EU’s new Indo-Pacific Strategy needs to be implemented swiftly, as it offers our partners in the region an opportunity to address the common challenges together, to defend the rules-based international order and to stand up for the values and principles we share; advocates for stronger cooperation with countries in the region, including in particular with ASEAN countries;
Amendment 24 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that ASEAN is a strategic partner for the EU in the Indo- Pacific; welcomes the EU-ASEAN commemorative summit of 14 December 2022; expresses hope that the implementation of the EU-ASEAN joint leaders’ statement will result in stronger cooperation with the Southeast Asian countries and with Malaysia in particular; reiterates the political value of strong trade and investment relations based on sustainability, due diligence and fair competition in full respect for high labour and environmental standards between ASEAN and the EU in general, and between Malaysia and the EU in particular;
Amendment 25 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reiterates its call for a swift implementation of the EU Global Gateway strategy in coordination with the Indo-Pacific strategy, while emphasizing the geopolitical centrality of this strategy which integrates sustainable development- oriented, transformational, resilience- enhancing and values-based dimensions in a Team Europe approach; welcomes the announcement of a EUR 10 billion package to accelerate infrastructure investments in ASEAN countries, in particular with regard to the green transition and sustainable connectivity; calls for an effective governance of Global Gateway, which has to be taken forward under the overall steer of the President of the Commission; demands to be duly involved in the decisions on the Global Gateway investment programmes, and to be regularly informed about the respective developments, including budgetary implications;
Amendment 26 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the fact that the EU- ASEAN leaders reaffirmed their mutual respect for the principles of sovereignty and territorial integrity as espoused in the Charter of the United Nations; reiterates that Russia’s war of aggression against Ukraine is a blatant violation of international law; welcomes the fact that Malaysia voted in favour of the UN resolution demanding that Russia immediately, completely and unconditionally withdraw all of its military forces from the territory of Ukraine within its internationally recognised borders; encourages Malaysia to follow up on this commitment also within the framework of ASEAN, promoting the respect for international law, support for Ukraine and taking a clear stance against the Russian war of aggression;
Amendment 28 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes in general the conclusion of thea PCA with Malaysia; considers that this PCA provides a solid legal framework for further enhancing long-standing bilateral political and economic relations and for discussing issues of regional and global concern such as counter-terrorism, the fight against corruption, the promotion of human rights and of international justice and the strengthening of the international framework for the non-proliferation of weapons of mass destruction; underlines that a modern and future oriented PCA needs to provide an ambitious framework regarding the cooperation to fight climate change, as well as regarding the promotion of gender equality and women’s rights; calls on the EU to put these aspects also in the centre of the EU- Malaysia relations when implementing the PCA;
Amendment 30 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the aim of both parties to strengthen their cooperation on the protection of the environment, including addressing the challenges of climate changeRecalls that Article 1(3) of the PCA confirms the Parties’ commitment to promoting sustainable development, to cooperating to address the challenges of climate change as well as of globalisation, and to contributing to the internationally agreed development goals, in particular to strengthening a global partnership for development as renewed in the 2030 Agenda for Sustainable Development; encourages both parties to step up efforts to tackle the effects of climate change by adopting and implementing more effective climate policies towards energy transition and decarbonisation; highlights the commitments made under Article 39 of the PCA that the Parties should enhance cooperation to address climate change mitigation and adaptation issues under the UNFCCC; stresses that as per Article 39, the implementation of the applicable multilateral environmental agreements, including the Paris Agreement, shall be taken into account in all activities undertaken by the Parties under the PCA; regrets that there is not explicit reference to the Paris Agreement included in the PCA;
Amendment 31 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Highlights that Malaysia faces increasing environmental degradation in many regions, including deforestation, the loss of biodiversity, air and water pollution; urges both partners to put an important focus their cooperation on the fight against these problems, fully in line with Article 39 of the agreement; highlights against this background, that it is crucial to significantly strengthen current procedures for comprehensive impact assessments in the context of large development projects, including public consultations with the concerned local communities and in full respect of their fundamental rights, including their land rights; acknowledges and commends the crucial role played by environmental rights defenders in protecting the environment and fighting abuses;
Amendment 35 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Malaysian authorities and the EU to involve civil society, trade unions and human rights defenders in a meaningful way in the implementation of this agreement;
Amendment 36 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the fact that the PCA is based on respect for democratic principles and human rightsStresses that Article 1(1) of the PCA provides that human rights and the respect of strengthening democratic principles, the rule of law and good governance constitute essential elements of the PCA; calls for bilateral cooperation to be strengthened in the promotion and protection of human rights, in particular as regards exchanges of best practices, human rights education, the establishment of a meaningful, broad-based human-rights dialogue and cooperation within the relevant UN human rights bodies; commends Malaysia against this background for issuing a standing invitation to the UN Special Procedures on 26 February 2019; encourages Malaysia to invite the UN Special Rapporteur on Human Rights Defenders for a country visit;
Amendment 39 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Reiterates its call on the Malaysian authorities to repeal the Sedition Act and to bring all legislation, including the Communications and Multimedia Act,excessively broad Sedition Act, which has been used by successive governments to stifle dissent and persecute human rights defenders, journalists and others who express critical opinions against the government and the King; reiterates its call on the Malaysian authorities to bring all legislation, including the Prevention of Terrorism Act, the Printing Presses and Publications Act, the Communications and Multimedia Act, the Peaceful Assembly Act, and other relevant provisions of the Criminal Code in line with international standards on freedom of expression and assembly and the protection of human rights; reiterates its calls on the Malaysian authorities to facilitate peaceful assemblies, and to guarantee the safety of all participants and their freedom of expression;
Amendment 42 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Reiterates its concerns about the adoption of the National Security Council Act in 2016, which grants extraordinary powers to the National Security Council and the security forces; reiterates its call on Malaysia to repeal this law, which contravenes international human rights standards; stresses that the need to safeguard national security cannot ignore the obligation to protect civil and political rights;
Amendment 44 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
Amendment 48 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses deep concerns about the situation of refugees in Malaysia, in particular as regards the detention and deportation of Rohingya refugees; in this context, calls on Malaysia to grant legal status to the approximately 185,000 refugees and asylum seekers that are registered with the UNHCR; condemns the summary deportation of thousands of Myanmar citizens without assessing their asylum claims or other protection needs in clear violation of the principle of non- refoulement; calls on the Malaysian authorities to swiftly allow the UNHCR to access immigration detention centres; deplores the dire conditions of immigration detention centres, which have caused the death of at least 150 people only in 2022; reiterates its call on Malaysia to sign and ratify the 1951 Refugee Convention and its 1967 Protocol;
Amendment 52 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Underlines that cooperation on migration and any actions in this area need to be implemented in full respect of international law, including international human rights and refugee law; calls on the EU to promote, respect and protect international human rights standards and in particular the principle of non- refoulement and the principle of voluntary return in their cooperation on migration with Malaysia;
Amendment 54 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Regrets the EU’s increasing use of informal readmission agreements which circumvent the role foreseen in the Treaties for the Parliament to effectively scrutinise readmission agreements; calls on the Commission and Council to pursue a formal readmission agreement with Malaysia in full respect of Parliament's role;
Amendment 55 #
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11 c. Deplores that at least 105 people died in police custody and immigration detention centres only between January 2020 and September 2021; urges the Malaysian government to ensure that cases of torture and cruel, inhuman and degrading treatment against detainees and migrants are properly investigated and its perpetrators are brought to justice; in this context, regrets that none of the perpetrators has been criminally charged for these crimes; reiterates its call on Malaysia to sign and ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol;
Amendment 57 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Commends the Malaysian Government’s announcement that it will abolish the country’s mandatory death penalty; encourages Malaysia to take concrete steps to pass the agreement into law;
Amendment 58 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Deeply regrets that the PCA does neither include an Article on Gender Equality nor any provisions referring to the empowerment of women and girls; highlights that gender equality is a core value of the EU and a universally recognised human right; recalls the necessity of gender equality and the empowerment of all women and girls as a goal in its own right, as well as a driver for democracy, good governance, sustainable and inclusive development, economic growth, prosperity, peace and security; strongly denounces that Malaysian women are not granted equal citizenship rights and that those discriminatory nationality and citizenship laws in Malaysia embody patriarchal values that undermine women’s basic human rights and expose them and their children to harm and further discrimination; calls on the EU to promote gender equality as a key political objective of its external action and common foreign and security policy also in their cooperation and relations with Malaysia, fully in line with the EU's own commitment and priorities;
Amendment 60 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Is seriously concerned about child marriages, which predominantly affect young women and girls who are more vulnerable to domestic violence, poverty and poor school attendance; encourages the Malaysian authorities to set the marriageable age at 18 years both under civil and Islamic law in line with the recommendations of the Committee on the Rights of the Child;
Amendment 61 #
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Condemns the pervasive nature of State-sponsored widespread discrimination against the LGBTIQ+ community, including but not limited to the promotion and funding of conversion therapies, the ban of LGBTIQ+ marches and the prohibition of cross-dressing; in this context, strongly urges the Malaysian authorities to swiftly decriminalise same- sex sexual activities, which are currently punished under colonial-era anti-sodomy laws with up to 20 years of imprisonment and corporal punishment; calls on the Malaysian government to swiftly adopt a legal framework that protects the rights of the LGBTIQ+ community from discrimination, in full respect for fundamental rights and in line with international standards;
Amendment 62 #
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12 d. Is concerned about the situation of religious and ethnic minorities and indigenous communities in the country; encourages the Malaysian authorities to provide a comprehensive framework for the protection and support of all minority and indigenous groups in the country, with due respect to their fundamental rights, including religious freedom and cultural rights, as well as promoting tolerance and overcoming polarization and ethnic divide; calls on Malaysian authorities to ratify the 169 ILO Indigenous and Tribal Peoples Convention;
Amendment 63 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Reiterates its call on the Commission to make sureStresses that human rights concerns are duly taken into accountto be considered during any future negotiations on an EU-Malaysia FTA; and that outstanding issues must be solved as a precondition to concluding the negotiations; stresses that EU FTAs provide for the so-called “non-execution clause” leading to the suspension of trade preferences in case of violations of PCAs’ essential elements;
Amendment 64 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses the commitment to respect, promote and realise the principles of the internationally recognised core labour and social standards, as referred to, in particular, in the 1998 ILO Declaration on Fundamental Rights and Principles at Work, and to implement applicable ILO Conventions that are binding on the Parties; welcomes the obligation to cooperate and exchange information on relevant employment and labour matters as agreed by the Parties; against this background, calls on Malaysia to ratify the fundamental ILO Conventions, notably the 1948 Freedom of Association and Protection of the Right to Organise Convention and the 1958 Discrimination (Employment and Occupation) Convention;
Amendment 65 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Welcomes the recent ratification by Malaysia of the 2014 Protocol to the 1930 Forced Labour Convention and urges for its implementation; is concerned with the reports of forced labour, in particular in the palm oil industry; calls on the Malaysian authorities, the EU as well as EU and Malaysian companies, in order to implement their international responsibility for the respect of human rights, to actively support and use the work of independent civil society actors as a key complement to supply chain monitoring in order to bring to the companies’ and authorities' attention possible problems including suspected cases of labour exploitation, forced labour, human trafficking and irresponsible or unethical recruitment practices; recalls the ongoing legislative work to ban products made with forced labour on the EU market, which will also apply in the context of the EU-Malaysia PCA;