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Corruption: MEPs want the EU to have its own Magnitsky Act, GHRSR not enough
MEPs have welcomed the EU Global Human Rights Sanctions Regime but called for corruption to be included as a punishable offence along the lines of the US Global Magnitsky Act
Members of European Parliament on Thursday adopted a resolution welcoming the EU Global Human Rights Sanctions Regime but called for corruption to be included in the new regime as a punishable offence.
Corruption has a devastating impact on human rights and often undermines the functioning and legitimacy of institutions and the rule of law, the resolution adopted on Thursday notes.
However, unlike similar schemes around the world, such as the US Global Magnitsky Act, the current EU Global Human Rights Sanctions Regime (GHRSR), which was adopted back in December 2020, does not include corruption in connection with human rights violations as an offence punishable by restrictive measures.
In 2016, the US Congress enacted the Global Magnitsky Human Rights Accountability Act, which allows the US government to sanction foreign government officials implicated in human rights abuses anywhere in the world. MEPs want to see the GHRSR expanded to include the possibility of such sanctions for EU territory.
As such, parliamentarians voting in Thursday’s plenary session have demanded change and urged the European Commission to come forward with a legislative proposal to extend the GHRSR’s scope to cover corruption crimes.
MEPs themselves should also be able to propose cases of serious human rights violations, in order to increase the legitimacy of the sanctions regime. Additionally, MEPs insisted on an inclusive process to also facilitate input from civil society.
Moreover, qualified majority voting should also be introduced when sanctions are adopted under the scope of the GHRSR, according to the resolution, since it would more effectively implement the regime.
The EU’s qualified majority, or double majority, rule is achieved if 55% of member states vote in favour - in practice this means 15 out of 27 – and if the proposal is supported by member states representing at least 65% of the total EU population.
“By allowing us to target persons and entities responsible for grave human rights violations, wherever these abuses take place, the EU Global Human Rights Sanctions Regime strengthens the EU’s leading role in human rights. The regime needs to also target economic and financial enablers of human rights abusers, and the Parliament and civil society need to be more closely involved to increase its legitimacy”, said Maria Arena (S&D, Belgium), Chair of the Subcommittee on Human Rights.
The resolution was adopted by 584 votes in favour, 73 against and with 33 abstentions.
Counter-sanctions aim to deter the EU from defending human rights
MEPs have also condemned any counter-sanctions imposed on the EU, its institutions and Members of Parliament, bodies or citizens, solely for upholding human rights, democracy and the rule of law through the GHRSR.
The EU’s response to such retaliatory measures by third countries, according to MEPs, must be swift and coordinate. They also added that bilateral agreements with such countries must not undermine the EU’s sanctions framework and its credibility in foreign policy in general.
Foreign Affairs Committee Chair David McAllister (EPP, Germany), added, “The EU Global Human Rights Sanctions Regime adds a direct and tangible way to respond to serious human rights violations and hold those responsible for abuses accountable. It needs to become an essential element of the EU’s broader strategy on human rights and a fundamental part of our external policy toolbox. I welcome the swift implementation of the new instrument and hope that it will support the objectives of the EU’s Common Foreign and Security Policy.”
Who was Sergei Magnitsky?
Sergei Magnitsky was a Ukrainian-born Russian tax advisor working in Moscow. His arrest in 2008 and subsequent death in police custody generated international media attention and triggered both official and unofficial inquiries into allegations of fraud, theft and human rights violations in Russia.
Magnitsky had been hired to investigate how in 2007 a group of Russian interior ministry officials managed to obtain a USD230 million rebate from the state. They had fraudulently taken over three companies belonging to asset management firm Hermitage Capital. Most of the staff fled the country but Magnitsky remained on in Moscow and blew the whistle on the scam. The officials Magnitsky accused had him arrested and jailed, where guards beat him mercilessly. He died in custody in 2009 after being refused medical treatment or family visits at the age of 37.
This article is part of a content series called Ewropej. This is a multi-newsroom initiative part-funded by the European Parliament to bring the work of the EP closer to the citizens of Malta and keep them informed about matters that affect their daily lives. This article reflects only the author’s view. The action was co-financed by the European Union in the frame of the European Parliament's grant programme in the field of communication. The European Parliament was not involved in its preparation and is, in no case, responsible for or bound by the information or opinions expressed in the context of this action. In accordance with applicable law, the authors, interviewed people, publishers or programme broadcasters are solely responsible. The European Parliament can also not be held liable for direct or indirect damage that may result from the implementation of the action.
David Lindsay held editorial positions at the Malta Independent, as well as at the Malta B...
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