amendments 1 - 54 · en en asamblea parlamentaria euro-latinoamericana euro-latin american...

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Asamblea Parlamentaria Euro-LatinoamericanaEuro-Latin American Parliamentary Assembly

Assemblée Parlementaire Euro-Latino AméricaineAssembleia Parlamentar Euro-Latino-Americana

Parlamentarische Versammlung Europa-Lateinamerika

Committee on Political Affairs, Security and Human Rights

AP101.571v02-00

8.1.2014

AMENDMENTS1 - 54

Draft reportEP co-rapporteur: Renate Weber (ALDE)LAC co-rapporteur: Patricio Zambrano (Parlandino)(AP101.337v02-00)

Transparency and corruption in the European Union and Latin America

http://www.europarl.europa.eu/news/public/default_en.htm

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Amendment 1Carlos H. Góngora Fuentes (Parlatino)

Motion for a resolutionParagraph 3

Motion for a resolution Amendment

3. Calls on countries of the European Union – Latin American and Caribbean Bi-regional Strategic Partnership to meet and actively engage within international anti-corruption forums, such as the World Forum on Governance and the Global Forum on Fighting Corruption and Safeguarding Integrity, to discuss good practices and policies adjusted to each region's contextual specificities, with a view to tackling corruption;

3. Calls on countries of the European Union – Latin American and Caribbean Bi-regional Strategic Partnership to meet and actively engage within international anti-corruption forums, such as the World Forum on Governance and the Global Forum on Fighting Corruption and Safeguarding Integrity, to discuss and reach joint decisions on good practices and policies adjusted to each region's contextual specificities, with a view to tackling corruption;

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Amendment 2Luis Yáñez-Barnuevo García

Motion for a resolutionParagraph 3 a (new)


3a. Congratulates those organisations, such as OLAF and GRECO (the Group of States against Corruption), which play a primary role in combating corruption at all levels;

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Amendment 3María Muñiz De Urquiza



6. Emphasises the need to step up national and international communication and awareness-raising campaigns in order to highlight the impoverishment that corruption causes;

6. Emphasises that education for prevention is the best tool with which to combat corruption, making it necessary to step up national and international communication and awareness-raising campaigns in order to highlight the impoverishment that corruption causes;

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6. Emphasises the need to step up national and international communication and awareness-raising campaigns in order to highlight the impoverishment that corruption causes;

6. Emphasises the need to step up national and international communication and awareness-raising campaigns which include citizen participation in order to highlight the impoverishment that corruption causes;

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Amendment 5Ricardo Cortés Lastra



7. Recalls the importance of education, as a core instrument to promote integrity,

7. Recalls the importance of education, as a core awareness-raising instrument to

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accountability and transparency, as well as the respect for the rule of law, in order to promote development; encourages, therefore, the promotion of regional programmes, elaborated and implemented through common efforts of the media and civil society, that would aim to bring to the public debate topics such as corruption, accountability and transparency;

promote integrity, accountability,transparency and public ethics, as well as the respect for the rule of law, in order to promote development; encourages, therefore, the promotion of regional programmes, elaborated and implemented through common efforts of the media and civil society, that would aim to bring to the public debate topics such as corruption, accountability and transparency;

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7. Recalls the importance of education, as a core instrument to promote integrity, accountability and transparency, as well as the respect for the rule of law, in order to promote development; encourages, therefore, the promotion of regional programmes, elaborated and implemented through common efforts of the media and civil society, that would aim to bring to the public debate topics such as corruption, accountability and transparency;

7. Reiterates the importance of education, as a core instrument to promote integrity, accountability and transparency, as well as the respect for the rule of law, in order to promote development; encourages, therefore, the promotion of regional programmes, elaborated and implemented through common efforts of the media and civil society, that would aim to bring to the public debate topics such as corruption, accountability and transparency;

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9a. Calls on the European and Latin American states to strengthen the judicial

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and institutional capacities of their parliaments, judges and prosecutors to assist them in combating corruption;

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Amendment 8Said Zavala (Parlacen)



10. Encourages the development and strengthening of proper institutional capacity, especially on judiciary andadministrative levels, by offering adequate training and, if necessary, by creating a regional body for investigation of corruption cases;

10. Encourages the development and strengthening of the policies and capacities of states and their political, judicial and administrative institutions, by creating a regional body for investigation of corruption cases and promoting the training and specialisation of human resources to increase their effectiveness;

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10. Encourages the development and strengthening of proper institutional capacity, especially on judiciary and administrative levels, by offering adequate training and, if necessary, by creating a regional body for investigation of corruption cases;

10. Encourages the development and strengthening of proper institutional capacity, especially on judiciary and administrative levels, by offering adequate training and, if necessary, by creating a regional body for investigation of corruption cases and application of the necessary penalties;

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10. Encourages the development and strengthening of proper institutional capacity, especially on judiciary and administrative levels, by offering adequate training and, if necessary, by creating a regional body for investigation of corruption cases;

10. Encourages the development and strengthening of proper institutional capacity at national and local level, especially on legislative, judiciary and administrative levels, by offering adequate training and, if necessary, by creating a regional body for investigation of corruption cases;

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Amendment 11Charles Tannock



11. Is in favour of a European public prosecutor’s office being set up at EU level; points out that the office would be responsible for investigating, prosecuting and bringing to justice the perpetrators of offences against the Union’s financial interests;

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Amendment 12Sonia Escudero (Parlatino)


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11. Affirms the need to strengthen the legislation and the transparency and accountability policies of Latin American governments, by creating strategic alliances with the European judicial institutions for the purpose ofinvestigating, prosecuting and bringing to justice the perpetrators of offences against financial interests;

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11. Is in favour of a European public prosecutor’s office being set up at EU level; points out that the office would be responsible for investigating, prosecuting

11. Is in favour of a European public prosecutor’s office being set up at EU level; points out that the office would be responsible for investigating, prosecuting

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and bringing to justice the perpetrators of offences against the Union’s financial interests;

and bringing to justice the perpetrators of offences against the Union’s economicinterests;

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13. Proposes the creation of an effective whistleblower protection scheme at regional level, taking into account the cross-border nature of corruption;

13. Proposes the creation of an effective whistleblower protection scheme at international level, taking into account the cross-border nature of corruption;

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13. Proposes the creation of an effective whistleblower protection scheme at regional level, taking into account the cross-border nature of corruption;

13. Proposes the creation of an effective whistleblower protection scheme at bi-regional level, taking into account the cross-border nature of corruption;

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15a. Urges the states of the bi-regional partnership to implement zero-tolerance policies towards tax havens, raising international standards of transparency and increasing the exchange of information;

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Motion for a resolutionRecital A


A. whereas corruption appears to be a complex phenomenon, but generally involves the misuse of entrusted power for private purposes;

A. whereas corruption can be defined as the abuse of entrusted power for individual or collective, direct or indirect personal gain, and whereas acts of corruption include the crimes of bribery, embezzlement, trading in influence, abuse of functions and illicit enrichment, as defined by the UNCAC; whereas fraud, extortion, blackmail, abuse of discretionary powers, favouritism, nepotism, clientelism and illegal political contributions are closely linked tocorruption; whereas corruption may be linked to organised crime operating under collective leadership alongside official structures, particularly where the authorities fail to enforce the law;

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A. whereas corruption, defined as the abuse of power for personal gain, is a scourge which poses a serious threat to social stability and security by undermining the institutions and values of democracy, ethics and justice;

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A. whereas corruption appears to be a complex phenomenon, but generally involves the misuse of entrusted power for public and/or private purposes;

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A. whereas corruption appears to be a complex phenomenon, but generally involves the misuse of entrusted power to achieve private purposes to the detriment of the collective interest;

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Motion for a resolutionRecital B


B. whereas the level of transparency makes it possible to gauge the quality of democracy in a country through its governance, institutions, economic system and political and social control systems;

B. whereas the level of transparency makes it possible to gauge the quality of democracy in a country through its governance, institutions, economic system and the effectiveness of its political and social control systems;

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Motion for a resolutionRecital C


C. whereas no state is immune to corruption, although the extent of it can vary between countries based on stableinstitutions and a culture of transparency, on the one hand, and those making the transition to democracy on the other hand;

C. whereas no state is immune to corruption, although the extent of it can vary, depending on the solidity of institutions and the culture of transparency;

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Motion for a resolutionRecital C


C. whereas no state is immune to corruption, although the extent of it can

C. whereas no state is immune to corruption, although the extent of it can

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vary between countries based on stable institutions and a culture of transparency, on the one hand, and those making the transition to democracy on the other hand;

vary between countries based on stable institutions and a civic culture of transparency and public ethics, on the one hand, and those making the transition to democracy on the other hand;

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Motion for a resolutionRecital C a (new)


Ca. whereas corruption, far from being an abstract crime, has specific consequences for civil society because of the siphoning off of funds;

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Motion for a resolutionRecital D


D. whereas, generally speaking, corruption stifles investment, hinders the fair operation of internal markets, depletes public finances and therefore causes serious financial damage;

D. whereas, generally speaking, corruption stifles direct foreign investment, hinders the fair operation of internal markets, depletes public finances and therefore causes serious financial damage;

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Motion for a resolution

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Recital D


D. whereas, generally speaking, corruption stifles investment, hinders the fair operation of internal markets, depletes public finances and therefore causes serious financial damage;

D. whereas, generally speaking, corruption stifles investment, hinders the fair operation of internal markets, depletes public finances and therefore causes serious financial damage and, in particular, undermines democratic legitimacy and creates social dissatisfaction;

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Motion for a resolutionRecital D a (new)


Da. whereas constant corruption scandals, and the deficient application of justice in such cases helps to significantly increase the political disaffection of citizens towards their representatives and rulers;

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Motion for a resolutionRecital E


E. whereas action to combat corruption should be taken by improving transparency within states to ensure that people in society can trust those who govern and represent them;

E. whereas action to combat corruption should be taken by prioritising the development of strategies which not only fight corruption but also help to develop and/or build public policies in relation to

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it;

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Motion for a resolutionRecital E


E. whereas action to combat corruption should be taken by improving transparency within states to ensure that people in society can trust those who govern and represent them;

E. whereas action to combat corruption should be taken by improving transparency, accountability and measures to fight impunity within states to ensure that people in society can trust those who govern and represent them;

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Motion for a resolutionRecital F


F. whereas the economic consequences of corruption are extremely negative, especially as regards growth rates, falling exports and loss of investment, resulting in economic stagnation and higher levels of social inequality and poverty;

F. whereas the economic consequences of corruption are extremely negative, especially as regards its impact in terms of increasing poverty in the population and on the quality of public services, and ongrowth rates, falling exports and loss of investment, resulting in economic stagnation and higher levels of social inequality and poverty;

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Motion for a resolutionRecital F a (new)


Fa. whereas the fight against corruption should also include the eradication of tax havens, tax evasion and illegal capital flight, through the creation of lawsrequiring public bodies and enterprises to automatically declare their profits and tax payments;

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Motion for a resolutionRecital G


G. whereas high levels of corruption fostera culture of illegality and inequality in the distribution of wealth;

G. whereas corruption fosters a culture of illegality and inequality in the distribution of wealth;

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Motion for a resolutionRecital G


G. whereas high levels of corruption foster a culture of illegality and inequality in the distribution of wealth;

G. whereas high levels of corruption foster a culture of illegality, crime and inequality in the distribution of wealth;

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Motion for a resolutionRecital I


I. whereas it is necessary, when creating transparency and corruption indices, to use regional and sub-regional methodologies and indices that recognise the particular and specific cultural and social practices that influence levels of transparency, trust and corruption, as well as the specific features of national regulatory frameworks;

I. whereas it is necessary, when creating transparency and corruption indices, to use national, regional and sub-regional methodologies and indices that recognise the particular and specific cultural and social practices that influence levels of transparency, trust and corruption, as well as the specific features of national regulatory frameworks;

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Motion for a resolutionRecital I


I. whereas it is necessary, when creating transparency and corruption indices, to use regional and sub-regional methodologies and indices that recognise the particular and specific cultural and social practices that influence levels of transparency, trust and corruption, as well as the specific features of national regulatory frameworks;

(does not affect English version)

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Motion for a resolutionRecital J

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J. whereas the absence of an independent judiciary, a lack of or a weak political competition, a weak economic openness or freedom, low human and economic development and the absence of free press, as well as poorly paid civil servants, create perfect conditions for opaque practices to flourish;

J. whereas the absence of an independent judiciary, a lack of or a weak political competition, a weak economic openness or freedom, low human and economic development and the absence of free press create perfect conditions for opaque practices to flourish;

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J. whereas the absence of an independent judiciary, a lack of or a weak political competition, a weak economic openness orfreedom, low human and economic development and the absence of free press, as well as poorly paid civil servants, create perfect conditions for opaque practices to flourish;

J. whereas the absence of an independent judiciary, a lack of or a weak political competition, a weak economic freedom, low human and economic development and the absence of free press, as well as poorly paid civil servants, create perfect conditions for opaque practices to flourish;

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J. whereas the absence of an independent judiciary, a lack of or a weak political competition, a weak economic openness or freedom, low human and economic

(does not affect English version)

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development and the absence of free press, as well as poorly paid civil servants, create perfect conditions for opaque practices to flourish;

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Motion for a resolutionRecital K


K. whereas in the European Union – as in other regions across the world –corruption affects Member States on several levels, and whereas there is an imbalance between the countries in the north and the UK, on the one hand, and southern and eastern European countries on the other;

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K. whereas in the European Union – as in other regions across the world – corruption affects Member States on several levels, and whereas there is an imbalance between the countries in the north and the UK, on the one hand, and southern and eastern European countries on the other;

K. whereas in many regions across the world corruption affects states on several levels, creating imbalances amongst them;

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K. whereas in the European Union – as in other regions across the world –corruption affects Member States on several levels, and whereas there is an imbalance between the countries in the north and the UK, on the one hand, and southern and eastern European countries on the other;

K. whereas in the European Union and in Latin America corruption affects Member States on several levels, and whereas there is an imbalance amongst them in both the levels and perception of corruption;

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K. whereas in the European Union – as in other regions across the world – corruption affects Member States on several levels, and whereas there is an imbalance between the countries in the north and the UK, on the one hand, and southern and eastern European countries on the other;

K. whereas in the European Union – as in other regions across the world – corruption affects Member States on several levels;

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Motion for a resolutionRecital L a (new)

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La. whereas the present economic and financial crisis in the EU also presents an opportunity to introduce robust measures to combat corruption and lack of transparency as a result of increased public awareness;

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Motion for a resolutionRecital M


M. whereas there is a vicious circle between high levels of corruption incountries with low rates of human and economic development, low levels of education, limited political rights and little or no political competition;

M. whereas Latin America is seen as one of the least equal regions; whereas some of its countries have strengthened their public policies, making progress in terms of the human development of their citizens, and have increased transparency in the implementation of such policies;

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Motion for a resolutionRecital M


M. whereas there is a vicious circle between high levels of corruption in countries with low rates of human and economic development, low levels of education, limited political rights and little or no political competition;

M. whereas there is a vicious circle between high levels of corruption in countries with low rates of human and economic development, low levels of education, a lack of civic culture and public ethics, limited political rights and

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little or no political competition;

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Motion for a resolutionRecital M a (new)


Ma. whereas low or zero taxation and regulation strategies are uncooperative approaches which give rise to a range of problems, notably the accumulation of illicit capital, a steady reduction in regulation and taxation powers and a blatantly unequal situation which allows non-payment of taxes by the rich, while extending no such privilege to the international community’s poor and middle classes;

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Motion for a resolutionRecital N


N. whereas although Latin America is seen as the world’s least equal region, nonetheless some countries in the region have made significant progress in the last few years as regards transparency and social control;

N. whereas although Latin America is the world’s least equal region, nonetheless some countries in the region have made significant progress in the last few years as regards transparency and social control;

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Motion for a resolutionCitation 4


− having regard to the document entitled ‘The Stockholm Programme – An open and secure Europe serving and protecting citizens’ and in particular its section entitled ‘Economic crime and corruption’,

– having regard to the section entitled ‘Economic crime and corruption’ of thedocument entitled ‘The Stockholm Programme – An open and secure Europe serving and protecting citizens’,

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Motion for a resolutionCitation 6 a (new)


– having regard to the Framework Treaty on Democratic Security in Central America and the Central American Security Strategy, which are political instruments of the Central American Integration System, the texts of which include the development and implementation of actions to strengthen the capacities of the Central American institutions responsible for controlling, preventing and punishing criminal behaviour,

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Motion for a resolutionCitation 13


− having regard to the Prague Declaration on Governance and Anti-Corruption adopted at the first World Forum on Governance in March 2012,

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– having regard to the Inter-American Convention against Corruption,

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– having regard to the resolution of the 124th Assembly of the Inter-Parliamentary Union on transparency and accountability in the funding of political parties and electoral campaigns, adopted on 20 April 2011 in Panama City,

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Motion for a resolutionCitation 16 b (new)


– having regard to the European Parliament resolution of 8 October 2013 on corruption in the public and private sectors: the impact on human rights in third countries (2013/2074(INI),

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