44 Amendments of Ana GOMES related to 2018/2154(INI)
Amendment 6 #
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
– having regard to the Council Recommendation of 13 June 2002 regarding cooperation between the competent national authorities of Member States responsible for the private security sector,
Amendment 8 #
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
– having regard to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC,
Amendment 9 #
Motion for a resolution
Citation 18 c (new)
Citation 18 c (new)
– having regard to Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain work contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC,
Amendment 10 #
Motion for a resolution
Citation 18 d (new)
Citation 18 d (new)
– having regard to the EU Concept for Logistic Support for EU-led Military Operations and the EU Concept for Contractor Support to EU-led Military Operations,
Amendment 11 #
Motion for a resolution
Citation 18 e (new)
Citation 18 e (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 and its resolution of 6 February 2013 on Corporate Social Responsibility: promoting society’s interests and a route to sustainable and inclusive recovery,
Amendment 29 #
Motion for a resolution
Recital B
Recital B
B. whereas PMSCs have been accused of engaging in a number of human rights violations and incidents resulting in loss of life, as well as being implicated in killings, attacks on or threats against human rights defenders; whereas such incidents amount in some cases to serious violations of international humanitarian law, including war crimes;
Amendment 33 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Front Line Defenders reports[1] that, of the human rights defenders killed in 2017, 67% were engaged in the defence of land, environmental and indigenous peoples’ rights, and nearly always in the context of mega projects linked to extractive industries and big business; whereas governments and security forces are often, at best, unresponsive to threats and attacks faced by HRDs and, at worst, responsible for the killings; [1] https://www.frontlinedefenders.org/en/stat ement-report/stop-killings
Amendment 47 #
Motion for a resolution
Recital C
Recital C
C. whereas over the years there were numerous incidents in Iraq and Afghanistan involving western private security companies (in particular CACI International, L-3 Services, Blackwater, Unity Resources Group and Xe) in which civilians were wounded or killed; whereas these incidents peaked between 2003 and 2009, and, since then, most of them have been thoroughly investigated and many of those responsible have been brought to justice; whereas these were exceptions, and most crimes go unpunished;
Amendment 84 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the increase of PMSCs in Latin America has contributed to more violence, killings, corruption and human rights violations;
Amendment 85 #
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas a European Security Firm (European Security Academy) has been said to train Ukrainian fighters linked to far-right and white supremacist groups;
Amendment 100 #
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas there are numerous reports of human rights abuse in private for-profit prisons; whereas one of the most recent examples is that of illegally detained children in the United States; whereas in the European Union there have also been reports of abuse by private security guards, notably on asylum seekers;
Amendment 119 #
Motion for a resolution
Recital R a (new)
Recital R a (new)
Ra. whereas PMSCs have been used in both civilian and military Common Security and Defence Policy (CSDP) missions, to guard EU delegations, for the construction of field camps, training, air lift and to support humanitarian aid activities;
Amendment 120 #
Motion for a resolution
Recital R b (new)
Recital R b (new)
Rb. whereas, in the context of the EU, Member State practices on the use of PMSCs, the procedures for contracting them, and the quality of regulatory systems vary widely;
Amendment 121 #
Motion for a resolution
Recital R c (new)
Recital R c (new)
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 133 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that PMSCs play an important complementary role in aiding a state’s military and civilian agencies byin the volatile international security context, EU Member States actively deploy military and civilian personnel, sometimes in the framework of the EU’s Common Security and Defence Policy, often relying on PMSCs to closinge capability gaps created by such increasing demand for the use of forces abroad; underlines, however, that no activities should be outsourced to PMSCs that would involve the use of force and/or active participation in hostilities, except for self-defence, and under no circumstances should PMSCs be allowed to take part in or conduct interrogations;
Amendment 141 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Expresses its concern at the proliferation of PMSCs worldwide and the impact of the activities of PMSCs on the enjoyment of human rights, as well as the activities of civil society actors and human rights defenders; is alarmed by serious violations of human rights and international humanitarian law linked to the activities of PMSCs and the lack of accountability for many abuses;
Amendment 148 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is alarmed in particular by the outsourcing of inherent state functions to private entities; holds the view that such outsourcing creates great risks for non- respect of human rights, especially when PMSCs are operating in armed conflicts or in privatised prisons or immigration-related detention facilities; is concerned by the lack of accountability these schemes create, not only for PMSCs but also for the States who contract them; recalls the European Parliament’s resolution of 5 October 2017 on prison systems and conditions;
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 155 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is particularly concerned by the human rights violations perpetrated against women, whether they are civilians in host countries, combatants in conflicts or PMSCs employees, as well as against children;
Amendment 156 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that all States have an obligation to ensure that all actors respect international human rights law. This includes States in which PMSCs are incorporated or otherwise operating;
Amendment 157 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Notes that employees from PMSCs can also be subject to human rights abuse, including labour trafficking through false employment promises, retention of their passports and denial of visas and other paperwork;
Amendment 164 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the EU to encouragedevelop legislation without further delay that would require all PMSCs registered in, operating in or contracted by an EU Member State to maintain membership in good standing with the International Code of Conduct for Private Security Service Providers’ Association;
Amendment 167 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the EU to ensure that third country companies that benefit from projects funded by the EU directly or through public/private partnerships or investment programmes, have adopted and regularly report on internal guidance on the use of PMSCs, and to refrain from funding those which have been responsible for violations;
Amendment 171 #
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Is concerned by the lack of investigations, prosecutions and convictions in relation to human rights abuses perpetrated by PMSCs; is alarmed by the lack of transparency in which these companies operate; notes the lack of data regarding EU Member States’ use of PMSCs; underlines that the lack of impunity might incentivise States to outsource to private companies, directly or indirectly encouraging illegal behaviour;
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 188 #
9a. Calls for binding due diligence requirements by those who contract PMSCs, who are thereby implicated in their actions; underlines the need for due diligence for social impacts and human rights violations, as well as social impacts by PMSCs to apply to investors connected to the PMSCs’ activities;
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 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;
Amendment 238 #
18a. (new heading) EU Regulation of PMSCs and building capacity for effective oversight of the security sector
Amendment 239 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Notes that the EU makes use of PMSCs abroad to guard its delegations and staff and to support its civilian and military CSDP missions; notes that their use thus directly contributes to the EU’s reputation and perception by third parties, which makes them important facets of the EU’s local presence and impacts on the level of trust in the EU; demands that the Commission and the Council produce an overview of where, when and for what reason PMSCs have been employed in support of EU missions;
Amendment 240 #
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Notes that successive calls from the European Parliament to strengthen the regulatory framework around the role and use of PMSCs has resulted in some progress and a patchwork of related initiatives by the Commission and Council; Believes it is now time to call on the Commission to initiate without delay a stake-holder consultation leading to a proposal for an EU regulatory framework to address all facets of the role and use of PMSCs by the EU, its Member States and third country partners; Considers that this EU regulatory framework should take into account international best practices in relation to PMSC conduct and management, in particular the Montreux document and the ICoC; Underlines that the development of such a regulatory framework should be applicable to the EU’s growing security and defence policies and legislation including updating of the Council’s Common Military List to include PMSCs;
Amendment 241 #
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Notes that the EU’s Foreign Policy as elaborated most recently in the European Global Strategy places a premium upon Conflict Prevention and pursuing a “Comprehensive Approach in Responding to Conflicts and Crisis”; Notes that such an approach requires that any use of PMSCs should in no way undermine the EU’s priorities of development, democracy and promoting good governance; Calls therefore on the EU to strengthen domestic oversight capacities, including parliamentary, rule of law and civil society, of the security sectors in third countries and in particular domestic and foreign PMSCs;
Amendment 242 #
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18e. Notes that the EU’s new approach to “Capacity Building in support of Security and Development” emphases the complementary role of strengthening third countries security sectors as a means of contributing to stability and development of the country; Calls for such capacities to also focus upon strengthening oversight institutions in third countries to ensure effective control over security forces;
Amendment 243 #
Motion for a resolution
Paragraph 18 f (new)
Paragraph 18 f (new)
18f. Notes that during the current 8th legislature, the European Parliament has been developing democracy support and conflict prevention capacities for third country parliaments including strengthening parliamentary capacities for the oversight of the security and defence sectors; Calls on the European Parliament to step up such activities, in complementarity with overall EU efforts to reform security sectors and “Capacity Building in support of Security and Development”, to ensure that parliaments and civil society play their full role in the oversight and scrutiny of security forces including domestic and international PMSCs;
Amendment 245 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for human rights, the Member States, the EEAS and the Commission to promote and strongly support the Human Rights Council working groups (special procedures and intergovernmental) and to aim for the creation of a universal UN convention aimed at establishing an international legal regime to regulate relevant services provided by PMSCs which could complement national legislation and voluntary initiatives in providing effective and robust regulation of PMSCs and close existing gaps;
Amendment 252 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Instructs its President to forward this resolution to the European Council, the Council, the Commission, the Vice- President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for human rights, the national parliaments of the Member States and the UN High Commissioner for Human Rights.