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Policy Departments’ Monthly Highlights - November 2020 EN

Kort overzicht
Samenvatting : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

EU External Migration Policy and the Protection of Human Rights EN

28-09-2020 PE 603.512 DROI
Uitgebreide analyse
Samenvatting : This in-depth analysis focuses on the human rights implications of EU external migration policy interventions: (1) identifying human rights obligations owed to third-country nationals when engaging in cooperation with third countries and non-EU actors; (2) assessing the means and level of compliance with these obligations when designing and implementing the main policy instruments; and (3) determining the existence and adequacy of operational, reporting, monitoring and accountability mechanisms available in each case to track and respond to potential violations. Particular attention is paid to soft-law tools, on account of their enhanced potential to erode the enforceability of obligations, to downgrade democratic accountability and generally undermine the rule of law. Paving the way for the New Pact on Migration and Asylum, special emphasis is placed on cooperation under the Global Approach to Migration and Mobility, the EU Agenda on Migration and the Migration Partnership Framework, including informal arrangements concluded by Frontex or by the Member States themselves. Four case studies guide the analysis and illustrate findings: (1) the EU-Turkey Statement; (2) the multi-modal cooperation with Libya; (3) the Joint Way Forward with Afghanistan; and (4) collaboration with Niger under the EUCAP Sahel mission. The in-depth analysis reveals that the full effect of the EU fundamental rights acquis in extra-territorial situations has not been duly accounted for and proposes a system to ensure compliance with the relevant standards covering the pre-conclusion, design, adoption, implementation, evaluation and review phases, highlighting the role of the European Parliament and civil society organisations.
Indieners : Dr Violeta MORENO-LAX,
Soort document


State of play of existing instruments for combating impunity for international crimes EN

14-08-2020 PE 603.499 DROI
Samenvatting : The European Union and its Member States have been at the forefront of the fight against impunity for core international crimes, collectively providing political, technical and financial assistance to international, regional and domestic accountability efforts. Focusing on the current EU framework on accountability and six country situations (Rwanda, Colombia, Venezuela, Myanmar, Syria and Iraq), this study offers recommendations to guide future EU policy and the engagement of the European Parliament in the fight against impunity. The recommendations include enhancing the capacity, efficiency and coordination of EU institutions working on accountability, as well as encouraging comprehensive, impartial and inclusive approaches to country situations. EU action in bilateral and multilateral fora is also covered, with a view to enhancing the universal reach of accountability mechanisms and the protection of their integrity, encouraging cooperation and assistance, and to upholding the principle of complementarity.
Indieners : Olympia BEKOU

Challenges for environmental and indigenous peoples’ rights in the Amazon region EN

30-06-2020 PE 603.488 DROI
Uitgebreide analyse
Samenvatting : The present analysis examines the environmental and human rights challenges in the Amazon region. It finds that the Amazonian countries pursue development policies in the region based on the exploitation on an industrial scale of natural and non-renewable resources that have caused and continue to cause deforestation, loss of biodiversity and engender human rights violations in particular affecting indigenous peoples. The analysis acknowledges the measures taken by the Amazonian countries to establish protected areas and support indigenous territories and their rights but concludes that the laws need strengthening and effective enforcement. The analysis argues that the protection of the Amazon biome is an essential part of the global efforts to reduce greenhouse gases and concurs with the view of some scientists that there is an urgency to stop forest loss. The analysis further notes that the most effective guardians of the Amazonian forest and its biodiversity are its indigenous peoples. The analysis concludes by arguing that the European Union has an interest in contributing to the protection of the Amazon and its indigenous peoples. It recommends, among other things, that the EU strengthen its direct support to Amazonian indigenous peoples and environmental defenders and develop effective measures which target EU-based companies whose activities cause deforestation.
Indieners : Dr. Julian BURGER

Discriminatory Laws Undermining Women’s Rights EN

20-05-2020 PE 603.489 DROI
Uitgebreide analyse
Samenvatting : This paper provides insight into the current situation and recent trends in the abolition or reform of discriminatory laws undermining women's rights in countries outside the European Union (EU). The paper aims to provide a nuanced understanding of processes through which legal reforms take place. Among the factors that have proven to facilitate legal reform are the ratification of international human rights treaties, feminist activism, legal and public advocacy by women’s rights and other human rights non-governmental organisations (NGOs), political dialogue, and increased women's representation in decision-making processes. Incremental steps supported by the EU towards the abolition of discriminatory laws across all legal categories, EU engagement with a broad range of stakeholders at both national and local levels, programmes supporting the gathering of gender-disaggregated data across all sectors and the publicising of data to draw attention to gender inequality in law and practice, among others, can all contribute towards successful reform of discriminatory laws. Striking the right balance between funding programmes that mainstream gender and funding dedicated to gender-targeted programmes, together with the increased use of country gender profiles, are essential in order to achieve quality legal reforms.
Indieners : Mr. Paul DALTON, Ms. Deniz DEVRIM, Mr. Roland BLOMEYER, Ms. Senni MUT-TRACY

Policy Departments' Monthly Highlights - May 2020 EN

Kort overzicht
Samenvatting : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Human Rights Due Diligence Legislation - Options for the EU EN

24-04-2020 PE 603.495 DROI
Samenvatting : The European Parliament (EP) has repeatedly underlined the need for stronger European requirements for companies to prevent human rights abuses and environmental harm and to provide access to remedies for victims. The debate — both in the EU institutions and in several Member States — has intensified surrounding due diligence obligations for companies throughout the supply chain. In this context, the EP Human Rights Subcommittee (DROI) requested two briefings on specific human rights related issues it should consider while preparing its position. The first briefing in this compilation addresses substantive elements, such as the type and scope of human rights violations to be covered, as well as the type of companies that could be subject to a future EU regulation. The second briefing discusses options for monitoring and enforcement of due diligence obligations, as well as different ways to ensure access to justice for victims of human rights abuses. The briefings offer a concise overview and concrete recommendations, contributing to the ongoing debate and taking into account the research undertaken on behalf of the European Commission.
Indieners : Prof. Dr. Markus KRAJEWSKI, Beata FARACIK, Claire METHVEN O’BRIEN, Olga MARTIN-ORTEGA

Substantive Elements of Potential Legislation on Human Rights Due Diligence EN

24-04-2020 PE 603.504 DROI
Samenvatting : This briefing provides an overview of the existing legislative approaches to mandatory Human Rights Due Diligence and proposals by non-state actors, concerning the scope of potential European Union (EU) legislation on binding human rights due diligence (HRDD) obligations for companies. The briefing discusses key substantive elements of potential EU HRDD legislation including options for human rights covered by the due diligence requirement; types of violations; specific references regarding women and persons in vulnerable situations and the duties of companies to respect and protect human rights. It is recommended that a potential EU HRDD legislation should comprise all human rights and cover all types of violations. The legislation should refer to additional duties, which can be based on existing human rights treaties and instruments such as CEDAW, CRC, CRPD and UNDRIP. The legislation should cover all companies independently of their size and take a non-sector specific approach. Furthermore, the legislation should not apply solely to the company’s own activities, but also to its business relations including the value chain. Finally, the legislation should adopt a substantive due diligence model and require companies to engage actively in analysing, mitigating and remedying any adverse impacts on human rights based on their own activities and connected to them in their business relations.
Indieners : Prof. Dr. Markus KRAJEWSKI, Beata FARACIK

EU Human Rights Due Diligence Legislation: Monitoring, Enforcement and Access to Justice for Victims EN

24-04-2020 PE 603.505 DROI
Samenvatting : This briefing explores options for monitoring and enforcement of European Union (EU) human rights due diligence legislation, and how such legislation should contribute to access to justice and remedy for victims of human rights abuses linked to the operations of businesses inside or operating from Member States (MS). The briefing reviews existing due diligence and disclosure schemes and considers the feasibility of specific options for monitoring, enforcement and access to remedy within a future EU due diligence law. The briefing recommends that such legislation should require effective monitoring via company-level obligations, national and EU-level measures, including repositories of due diligence reports, lists of companies required to report, information request procedures, monitoring bodies and delegated legislation or guidance further elaborating on due diligence under the law. Regarding enforcement, the law should inter alia require MS to determine appropriate penalties for non-compliance and to establish enforcement rights for interested parties. Finally, on remedy, the law should, besides requiring companies to establish complaint mechanisms, provide for national and EU measures, including requirements that MS ensure effective means of remedy and redress for victims and establish or identify bodies to investigate abuses, initiate enforcement and support victims.

Biodiversity as a Human Right and its implications for the EU’s External Action EN

06-04-2020 PE 603.491 DROI
Samenvatting : This study provides an in-depth and accessible analysis on biodiversity as a human right to inform the European Parliament’s work on how the European Union’s external action can best contribute to a holistic and human rights-based approach aimed at stopping biodiversity loss and degradation. After a brief overview of empirical data regarding the impacts of biodiversity loss on human rights and the limitations of available sources, the study assesses the status and content of existing international obligations on biodiversity and human rights. The study then assesses existing initiatives’ (potential) legal and political impact at international and regional levels for the EU to address biodiversity and human rights in a mutually supportive manner, within a variety of multilateral fora. Additionally, the study assesses the EU’s (unilateral and bilateral) external action tools that have addressed or could address the human rights dimensions of biodiversity in the context of development, trade and other areas of international cooperation. It provides a series of recommendations on how the European Parliament and other EU institutions can support the development of a holistic and human rights-based approach to the conservation and sustainable use of biodiversity in external action, including as part of the fight against climate change.
Indieners : Elisa MORGERA

Policy Departments' Monthly Highlights - December 2019 EN

Kort overzicht
Samenvatting : The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

The Mekong River: geopolitics over development, hydropower and the environment EN

Samenvatting : The Mekong River is a vital source of livelihoods and economic activity in continental South-East Asia and extends from the Tibetan Plateau to the South China Sea. Its length is 4 800 km. More than half circulates in China, but its channel runs through Myanmar, Laos, Cambodia, Thailand and Vietnam. The Mekong has the world's largest inland freshwater fishery industry, vital to the region's food security, representing around USD 3 000 million per year. Its unique and rich biological habitat provides diverse livelihoods as well as four fifths of the animal protein for more than 60 million people. At the level of biodiversity, the importance of this river for global nature is vital. The Mekong region is extremely vulnerable to the impacts of climate change and to the degradation of ecosystems. The uncontrolled growth of the population both in China and in Southeast Asia is exerting unsustainable pressure on the Mekong in terms of a massive exploitation of all kinds of resources linked to the River: water, food, wood, energy, especially recent infrastructure and hydropower development, together with deforestation, illegal wildlife trade and habitat fragmentation. Water scarcity leads to reduced agricultural productivity, unemployment and poverty Four countries (Cambodia, Lao PDR, Thailand, and Vietnam) formed an intergovernmental agency in 1950, The Mekong River Commission (MRC), to defend the sustainable development of the Mekong River and to plan its future. The absence of China and Myanmar mitigates and erodes the effective dialogue of the MRC on the management of the River. The lack of implementing mechanisms denatures the organization itself..
Indieners : Jorge SOUTULLO SANCHEZ