Activities of Heidi HAUTALA related to 2018/0356M(NLE)
Shadow opinions (1)
OPINION on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and the Socialist Republic of Viet Nam
Legal basis opinions (0)
Amendments (12)
Amendment 2 #
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 intensified since the entry into force of the PCA; _________________ 1 Texts adopted, P8_TA(2015)0467.
Amendment 13 #
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; stresses however that the full implementation of the ILO conventions is not possible until the Vietnamese Criminal Code is revised in accordance with international human rights standards and obligations;
Amendment 15 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Deeply deplores the worsening climate for human rights defenders and journalists in Vietnam and condemns all acts of violence, politically motivated charges, arbitrary detention, use of intrusive surveillance, harassment, sentences and convictions in respect to these individuals; calls on the Vietnamese authorities to immediately and unconditionally release all human rights defenders and prisoners of conscience detained and sentenced for merely exercising their right to freedom of expression, and to drop all charges against them;
Amendment 20 #
Draft opinion
Paragraph 4
Paragraph 4
4. Remains concerned about human rights violations, including the application of the death penalty in Viet Nam; reiterates its opposition to the death penalty in all circumstances; calls on Viet Nam to introduce an immediate moratorium and moves a step towards abolition; highlights that human rights should constitute a cornerstone of the trade and sustainable development chapter of the FTA; regrets that instead it only focuses on a limited range of rights, mainly the core ILO conventions; stresses that this is insufficient and calls therefore for its revision in order to include human rights in a comprehensive way and to accompany it with an enforcement mechanism that will ensure its effective implementation; calls for periodic evaluation of the impact of the agreement;
Amendment 28 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the authorities of Vietnam to repeal, review or amend all repressive laws, notably its Penal Code, its law on Cybersecurity and the Law on Belief and Religion, and to ensure that all legislation is inconformity with international human rights standards and obligations, including the ICCPR to which Vietnam is a party; calls on the government to bring legislation regulating public gatherings and demonstrations into conformity with the rights of freedom of assembly and association;
Amendment 32 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Deplores the refusal of the European Commission to carry out a human rights impact assessment on the EU-Vietnam free trade agreement, which contradicts the decision of the EU Ombudsman of 2015 as well as the EU Action Plan on Human Rights and Democracy; calls on the European Commission to carry out a human rights impact assessment before the ratification of the FTA takes place;
Amendment 38 #
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 may request that a Panel of Experts be convened to examgrets that in case that the matters are not resolved, the second mechanism that allows a party to request an independent Panel of Experts remaines such matters in the event that the Committee is unable to resolve them satisfactorilybordinated to the willingness and own procedure of the parties;
Amendment 47 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the EU and Vietnam to set up an independent monitoring and complaint mechanism on human rights providing affected citizens and local stakeholders with effective recourse to remedy and a tool to address potential negative impacts on human rights arising from the Free Trade Agreement;
Amendment 48 #
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 harshly repressed and largely operates underground for fear of persecution and retaliations; calls on the Commission to ensure that genuinely independent civil society groups will be included in the domestic advisory groups foreseen in the sustainable development chapter and calls on the Commission to clarify what mechanisms will be in place to ensure that they can properly and safely play their role without fear of reprisal;
Amendment 55 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission and External Action Service to formally report to the European Parliament prior to the consent vote on the FTA regarding the commitment of Vietnam to make progress on a series of human rights issues, including the release of those who are being held solely for expressing peaceful dissent, the revision of the Criminal Code and the Law on Cyber Security and the Law on Belief and Religion to bring them in compliance with international human rights standards, the recognition of independent labour unions and the ratification of ILO conventions No 87 and 105, since respect for human rights and freedoms in conformity with Vietnam’s commitments under the PCA are essential in view of the ratification of the EU- Vietnam Free Trade Agreement;
Amendment 59 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Underlines the need for the European Parliament to closely follow and monitor the implementation of all parts of the FTA; calls therefore on the HRVP to regularly update the European Parliament on the human rights developments on the ground, including in relation to high level meetings she may hold and Human Rights Dialogues with the country;
Amendment 61 #
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Believes that the ratification of the FTA between the EU and Vietnam should only take place when the Vietnamese authorities express its commitment, including a clear timeline, to review its Criminal Code and the Law on Cyber Security in conformity with international human rights standards, the recognition of independent labour unions and the ratification of ILO conventions No 87 and 105;