29 Amendments of Malin BJÖRK related to 2014/2215(INI)
Amendment 11 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas different NGOs and international organizations have denounced fundamental rights violations and systematic breach of other international legislation, such as the principle of non-refoulement and the principles regarding asylum laid down in the Geneva Conventions, during Frontex operations;
Amendment 21 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas migrant women are especially exposed to violence, sexual abuse and other human rights violation during their travel and at the borders;
Amendment 22 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas no single Frontex operation has been suspended, in whole or in part, by Frontex Executive Director, despite various reports made to the Fundamental Rights Officer of human rights violations which have allegedly occurred during Frontex operations;
Amendment 28 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas there are no objective grounds to militarize the surveillance of the external or internal borders of the EU;
Amendment 31 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas in light of the increase of competences of Frontex since its establishment Frontex should be held accountable as a primary stakeholder in the border management process, including when allegations of fundamental rights are involved;
Amendment 41 #
Motion for a resolution
Recital N
Recital N
N. whereas individual complaints mechanisms already exist at European level within the structures of the European Investment Bank, the European Agency for Fundamental Rights and the European Network of Ombudsmen; whereas these mechanisms aim at addressing maladministration and do not deal with breaches of fundamental rights;
Amendment 42 #
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. whereas an independent complaint mechanism outside of Frontex should be explored;
Amendment 46 #
Motion for a resolution
Recital N b (new)
Recital N b (new)
N b. whereas the development of a complaint mechanism must not be used as a justification for expanding Frontex mandate and activities;
Amendment 49 #
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
Stresses that to have a border policy which fully respects fundamental rights Frontex should be dismantled;
Amendment 58 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Expresses grave concerns at the legal vacuum that surrounds the deployment of third country officers during joint return operations as pointed out by the European Ombudsman's report and the lack of accountability which would thus prevail in the case of human rights violations involving third country officers;
Amendment 60 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’s external borders, Frontex is in need of a mechanism that is capable of processing individual complaints about alleged breaches of fundamental rights occurring in the course of its oper created by the EU's agressive border policies based on their militarizations, thus becoming a first-instance body for complaintsFrontex should be dismantled;
Amendment 64 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’s external borders, Frontex is in need of an independent mechanism that is capable of processing individual complaints about alleged breaches of fundamental rights occurring in the course of its operations, thus becoming a first- instance body for complaintsincluding the risk of refoulement and the risks involved in the processing of personal data;
Amendment 67 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an effective remedy; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations ofrespect for fundamental rights thatas violations would otherwise remain undetected, unreported and unresolved;
Amendment 90 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the need for an official central structure within Frontexthe establishment of an independent body for the processing of individual complaints; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handlreceiving complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authoritiesindependent body responsible, and follow up on them thoroughly;
Amendment 95 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the fact that Frontex has already set up a thorough procedure for handling internal reports by Frontex staff and guest officers on serious fundamental rights violations; points out that this procedure is already used for handling complaints by third parties not directly involved in a Frontex operation, and recommends building further on this procedure aiming at establishing a full and accessible individual complaints mechanism; eEmphasises that Frontex should ensure that the mechanism respects the criteria of accessibility, independence, effectiveness and, transparency, democratic control and accountability;
Amendment 98 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses that any complaint mechanism should cover the entire scope of Frontex activity including joint operations, pilot operations but also information exchange and cooperation with third countries;
Amendment 104 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that both persons who feel harmed by border guards wearing the Frontex emblem and third parties acting in the interest of such persons should have the right to submit a complaint; urges Frontex fundamental rights officer and the independent complaint body to guarantee full confidentiality and not to disclose the identity of the complainant to third parties without his or her agreement;
Amendment 105 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Emphasises that third parties, including NGOs and international organisations should have the right to submit a complaint on behalf of an individual and to represent him or her during the whole procedure allowing the complainant to remain anonymous; emphasises the need to ensure the safety of the complainant;
Amendment 109 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; suggests further that only complaints of concrete fundamental rights violations should be admitted; considers that this should not prevent Frontex from takingconsiders that Frontex should take into account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaintsy NGOs, international organisations and other relevant stakeholders, beyond the complaints procedure; recommends the provision of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;
Amendment 121 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls for regular reporting by Frontex on complaints received and their follow-up with due consideration to data protection concerns of the complainants;
Amendment 136 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; recommends that this system includes an appeal mechanism in case the complaint is deemed inadmissible or rejected; considers it crucial to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so;
Amendment 138 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Recommends gender-based training to be mandatory to both Frontex staff and guest officers before joining a Frontex operation, notably to raise awareness on gender-based violence and the vulnerability of migrant women;
Amendment 157 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the possibility of withdrawing financial support from Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudice to the overall aim of the Frontex mission whereby the saving of lives is envisagoperations where fundamental rights violations have been found must be immediately terminated;
Amendment 163 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. considers that the European Parliament should be regularly informed of the number of incidents reported through the incident referral mechanism; therefore calls on Frontex Fundamental Rights Officer to inform every six months the European Parliament of the number of incidents reported and the measures and decisions taken as a result;
Amendment 172 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on the individual complaint mechanism to ensure that the procedures comply with the UNHCR guidelines on gender-related persecutions;
Amendment 176 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be bothindependent, efficient and cost-effective; calls on Frontex to provide the necessary resources to the Fundamental Rights Office for handling the complaints received;
Amendment 182 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the readiness of the European Ombudsman, and the members of the European Network of Ombudsmen with competence on fundamental rights and the Frontex Consultative Forum to support Frontex in setting up and implementing an individual complaints mechanism; calls on Frontex to follow the good practice of other European bodies, such as the European Investment Bank, in close cooperation with the European Ombudsmanregrets Frontex and the competent political authorities' lack of will to make Frontex accountable and transparent;
Amendment 186 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recommends that Frontex and the European Ombudsman establish close cooperation in order to improve the protection of individuals from possible acts of maladministration regarding the activities of Frontex; recommends that the EU Special Representative on Human Rights is informed of the human rights aspects of Frontex external cooperation;
Amendment 198 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recommends the inclusion of provisions on thefor an independent individual complaints mechanism in the forthcoming review of the Frontex Regulation;