Activities of Jordi SOLÉ related to 2022/0252M(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 Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Kingdom of Thailand, of the other part
Amendments (54)
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 9 a (new)
Citation 9 a (new)
— having regard to its resolution of 6 October 2016 on Thailand, notably the situation of Andy Hall,
Amendment 3 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the 1951 Refugee Convention and its 1967 Protocol,
Amendment 4 #
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
— having regard to the ILO conventions,
Amendment 5 #
Motion for a resolution
Citation 11 c (new)
Citation 11 c (new)
— having regard to the International Covenant on Civil and Political Rights (ICCPR) of 1966 to which Thailand is a state party,
Amendment 6 #
Motion for a resolution
Citation 11 d (new)
Citation 11 d (new)
Amendment 7 #
Motion for a resolution
Citation 11 e (new)
Citation 11 e (new)
— having regard to the International Convention for the Protection of All Persons from Enforced Disappearance,
Amendment 8 #
Motion for a resolution
Citation 11 f (new)
Citation 11 f (new)
— having regard to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Amendment 9 #
Motion for a resolution
Citation 11 g (new)
Citation 11 g (new)
— having regard to the Convention on the Rights of the Child,
Amendment 10 #
Motion for a resolution
Citation 11 h (new)
Citation 11 h (new)
— having regard to the Rome Statute on the International Criminal Court,
Amendment 11 #
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to the letter from the Committee on Fisheries,
Amendment 13 #
Motion for a resolution
Recital F
Recital F
F. whereas the EU and Thailand completed negotiations on a PCA in March 2013, but the military coup in Thailand in 2014 halted the process; whereas elections for a civilian government were constantly delayed by the military junta until 2019; whereas the current 2017 constitution was approved in a military-dominated referendum and moved the country away from an elective legislative;
Amendment 15 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas throughout 2020-2021, following flawed elections in 2019 and the dissolution of major political parties, Thailand saw mass street protests, in particular of young people and students, demanding a new democratic institution, a reform of the monarchy and the resignation of the former army chief and current Prime Minister, who has been ruling the country since the 2014 coup; whereas these mostly youth-led protests were met with violent force by the police and protesters, including children, were prosecuted for political reasons; whereas recent constitutional court rulings added further conditions and procedural roadblocks to amend the constitution;
Amendment 16 #
Motion for a resolution
Recital K
Recital K
K. whereas Thailand was among the first countries to sign the Universal Declaration of Human Rights, but its overall human rights record remains highly problematic;
Amendment 20 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas Thailand's draconian lèse-majesté laws, including the outrageously disproportionate punishments, continue to be used to stifle dissent and persecute human rights defenders, democracy defenders, civil society activists, journalists and others;
Amendment 21 #
Motion for a resolution
Recital M
Recital M
M. whereas the death penalty continues to be applied in Thailand, even though the country’s fourth National Human Rights Plan (2019-2023) contains a commitment to moving towards the abolition of capital punishment; whereas Thailand is not a signatory to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty;
Amendment 23 #
Motion for a resolution
Recital N
Recital N
N. whereas Thailand is not a signatory to the 1951 UN Refugee Convention; whereas there are well-documented reports of people fleeing Myanmar being forcibly deported back to Myanmar, in an apparent violation of the right to asylum and the principle of non-refoulement;
Amendment 27 #
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas Thailand has not yet ratified fundamental ILO conventions, notably the Freedom of Association and Protection of the Right to Organise Convention and the Right to Organise and Collective Bargaining Convention;
Amendment 32 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. 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 33 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. 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 Thailand and the EU in particular; welcomes the recent EU- ASEAN summit and the commitment to further deepening this strategic partnership;
Amendment 35 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates its call for a swift implementation of the EU Global Gateway strategy in coordination with the Indo- Pacific strategy; 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; , 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 37 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the support of partners in the Indo-Pacific region has been and remains very valuable with regard to voting in the UN General Assembly relating to Russia’s unjustified, unprovoked and illegal war on Ukraine; welcomes the fact that Thailand voted to condemn Russia’s aggression against Ukraine and appreciates the humanitarian aid provided by Thailand to Ukraine; encourages Thailand 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 44 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the parties’ common objective of strengthening the global response to climate change and its impact and enhancing cooperation on policies to help mitigate climate change in accordance with the Paris Agreement; highlights the commitments under Article 38 that each Party shall effectively implement the UNFCCC and the Paris Agreement;
Amendment 45 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 46 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Emphasises the parties’ endeavour to enhance cooperation in the energy sector, including on access to affordable and sustainable energy services, developing sustainable and renewable forms of energy and promoting low-carbon power generation that contributes to a clean energy transition; 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;
Amendment 47 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights that Thailand faces increasing environmental degradation in many regions, including the loss of biodiversity and declining wildlife populations, deforestation, desertification, water scarcity, and air and water pollution; urges both partners to focus in their cooperation on the fight against these problems, fully in line with Article 43 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 independent experts; acknowledges and commends the crucial role played by environmental rights defenders in protecting the environment and fighting abuses;
Amendment 48 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls in this context on the Thai authorities and the EU to involve civil society, trade unions and human rights defenders in transparent discussions on the FTA in a meaningful way from an early stage onwards;
Amendment 49 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Reaffirms the parties’ commitment to cooperating underStresses that Article 1(1) of the PCA on promoting and protectingvides that human rights and strengtheningthe respect of democratic principles, the rule of law and good governance constitute essential elements of the PCA;
Amendment 51 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 53 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Urges the Thai authorities to repeal its lèse-majesté provisions under Article 112 of the Criminal Code, which are among the strictest in the world and are not in line with the International Covenant on Civil and Political Rights that Thailand has signed and ratified; urges Thailand to promptly release those individuals who have been politically arrested for criticising the Thai monarchy; is strongly concerned with the unprecedented targeting of children under this lèse-majesté provision and calls on Thailand to abide by its international obligations under the Convention on the Rights of the Child, which has been ratified by Thailand;
Amendment 54 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Encourages the Thai argument to engage in a meaningful dialogue with representatives of the protesters, opposition parties and civil society organisations in order to foster cohesion in the country; regrets the chilling effect and the dangerous precedent to the right to freedom of expression that the 10 November 2021 Constitutional Court’s ruling creates by restricting opinions that are critical of the monarchy;
Amendment 55 #
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Regrets the Thai government's proposal for a Draft Act on the Operation of Not-for-Profit Organisations of 2021; is concerned about the broad restrictions that this law would impose on NGOs, particularly on those that receive foreign funding, as well as the criminal charges that the representatives of NGOs may face in case of non-compliance with the law; calls on the Thai government to withdraw this law;
Amendment 56 #
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Regrets that the 2017 National Human Rights Commission of Thailand (NHRCT) Act stripped this body of its independence; calls on the Thai authorities to amend this law in line with the UN Principles relating to the Status of National Human Rights Institutions (Paris Principles), notably regarding the composition, competence and independence of the NHRCT, with a view to enabling this body to fulfil its duty to serve as an independent bulwark against human rights violations in Thailand;
Amendment 57 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes Thailand’s enactment in 2022Regrets the recent decree by Thailand’s government postponing the enforcement of parts of the Prevention and Suppression of Torture and Enforced Disappearance Act as, a critical milestone in combating torture, ill treatment and enforced disappearances in Thailand and callurges for its full and effective implementation; deeply regrets that none of the forced disappearance cases have been prosecuted or resolved and calls on the Thai authorities to bring the perpetrators of such crimes to justice and to provide adequate reparations for the victims; urges Thailand to swiftly ratify the International Convention for the Protection of All Persons from Enforced Disappearance;
Amendment 59 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates its calls urging Thailand to take concrete steps towards the abolition of the death penalty and to sign and ratify the 1951 Refugee Convention, including signing and ratifying the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty; deplores the latest execution of a prisoner in 2018, the first execution in the country since 2009; stresses the importance of the joint declaration on Article 23 of the PCA to ensure that no death sentences are carried out in the future;
Amendment 63 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is concerned with the armed conflict between insurgent groups from the south of Thailand and the Thai armed forces, which has caused more than 7.000 deaths since 2004; calls on both sides to engage in peace talks; in this context, encourages the EU to support the mediation of the conflict; urges the Thai authorities to investigate possible war crimes and crimes against humanity allegedly committed by the belligerents and hold the perpetrators accountable;
Amendment 66 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Encourages Thailand to ratify the Rome Statute of the International Criminal Court in line with Article 5 of the PCA and the joint declaration regarding this article;
Amendment 67 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Reiterates its call on Thailand to sign and ratify the 1951 Refugee Convention and its 1967 Protocol;
Amendment 68 #
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. 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 Thailand;
Amendment 69 #
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Against this background, condemns pushbacks by neighbouring countries to Myanmar, which are in contravention of the right to seek asylum and the principle of non-refoulement; calls on all neighbouring countries, including Thailand, to ensure access to asylum/ protection to people fleeing Myanmar; calls on these governments to ensure that aid organisations and local civil society organisations are permitted, able and supported to access areas hosting internally displaced people along their borders with Myanmar;
Amendment 70 #
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15f. Regrets the 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 Thailand in full respect of Parliament's role;
Amendment 71 #
Motion for a resolution
Paragraph 15 g (new)
Paragraph 15 g (new)
15g. Welcomes Thailand’s legislation towards the advancement of women’s rights including the adoption of the 2015 Gender Equality Act and the inclusion of gender-sensitive budgeting in the 2017 Constitution; calls on the Thai authorities to step up implementation efforts, as well as efforts to combat gender-based violence and to empower women and girls, particularly migrant women, women from rural areas and women belonging to minorities, in line with Article 21 of the PCA;
Amendment 72 #
Motion for a resolution
Paragraph 15 h (new)
Paragraph 15 h (new)
15h. Encourages the Thai authorities to provide an improved framework for the protection and support of all minority and indigenous groups in the country, with due respect to their fundamental rights, including improving laws governing land rights to protect the economic, social, and cultural rights of indigenous communities;
Amendment 73 #
Motion for a resolution
Paragraph 15 i (new)
Paragraph 15 i (new)
15i. Notes the increased protection that the 2015 Gender Equality Act provides to the LGBTI community; calls on Thailand to adopt a law on gender recognition and to swiftly recognise same-sex marriages and/or partnerships; regrets the Constitutional Court Ruling No. 20/2564 of 2021 that rejects same-sex marriage, as well as the anti-LGBTQI+ language of this ruling;
Amendment 74 #
Motion for a resolution
Paragraph 15 j (new)
Paragraph 15 j (new)
15j. Welcomes the adoption of the Second National Action Plan on Business and Human Rights (2023-2027) and calls for its effective implementation; welcomes that Thailand is the first country in the Asia-Pacific region to adopt a National Action Plan on Business and Human Rights;
Amendment 75 #
Motion for a resolution
Paragraph 15 k (new)
Paragraph 15 k (new)
15k. Regrets the increase in Strategic Lawsuits Against Public Participation (SLAPPs), especially after the coup d’état in 2014, targeting human rights defenders, environmental activists, journalists and other civil society stakeholders; condemns the SLAPPs lodged by private companies and state authorities targeting the communities affected by the environmental impact of mining activities; is concerned with the fact that the majority of the SLAPP cases in Thailand are of criminal nature and are initiated by the public prosecutors; calls on the Thai authorities to adopt and enforce an anti-SLAPPs legal framework in line with the UN Guiding Principles on Business and Human Rights;
Amendment 76 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that if either party considers that the other has failed to fulfil any of its obligations under the PCA, notably with regards to its essential elements, it may take appropriate measures, including the suspension of the PCA;
Amendment 77 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to make sureStresses that human rights concerns are duly taken into accountto be considered during any future negotiations on an EU-Thailand 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 79 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Recalls that Article 1(2) of the PCA confirms the Parties’ commitment to promoting sustainable development in all its dimensions, to cooperating in addressing challenges of climate change and globalisation, and to contributing to the 2030 Agenda for Sustainable Development; expects the Parties to agree to an FTA’s Trade and Sustainable Development Chapter that is fully in line with the new EU’s approach outlined in the Commission Communication “The power of trade partnerships: together for green and just economic growth”, and which is therefore sanctionable under the main dispute settlement mechanism of the FTA;
Amendment 81 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Welcomes the agreement to cooperate and to provide technical assistance with a view to working towards the ratification and implementation of the fundamental ILO Conventions as well as to cooperate on promoting the ratification and implementation of other up-to-date ILO Conventions, including but not limited to the Freedom of Association and Protection of the Right to Organise and on the Right to Organise and Collective Bargaining; recalls that ratification and effective implementation of relevant ILO conventions is a key feature of the enforceable commitments under EU’s FTA, specifically TSD chapters, and expects the same level of ambition also in view of an FTA with Thailand;
Amendment 83 #
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Acknowledges efforts made by the Government to tackle human rights abuses related to trafficking and forced labour; remains, however, concerned about the labour conditions of migrant workers, including of workers in the fishing sector, as well as about the situation of women migrant workers; in this context, calls on the Thai authorities to take the necessary steps to tackle forced labour and other human rights abuses;
Amendment 84 #
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. Welcomes the inclusion of provisions on Sustainable Food System underpinning cooperation in such an area, thereby providing a basis for the inclusion of a dedicated chapter in the FTA, and in line with the relevant EU flagship policies, such as the Farm to Fork Strategy; stresses that the agriculture sector has important sensitivities for both Thailand and the EU which should allow for a mutual understanding on a limited liberalisation that is anchored on sustainability principles;
Amendment 85 #
Motion for a resolution
Paragraph 17 e (new)
Paragraph 17 e (new)
17e. Notes the relevant PCA provisions on investment aimed at enhancing understanding and cooperation on investment issues; takes the view that future investment-related provisions in the FTA should only aim at ensuring non- discrimination of respective investors and provide support to Thailand to continue improving administrative procedures and the general business environment;
Amendment 86 #
Motion for a resolution
Paragraph 17 f (new)
Paragraph 17 f (new)
17f. Notes that Thailand is expected to hold its next elections on 7 May 2023; highlights that holding democratic, fair and free elections and the formation of a stable democratic government that respects, protects and fulfils human rights are important preconditions for successful future EU-Thailand FTA negotiations;