Activities of Marina ALBIOL GUZMÁN related to 2015/2095(INI)
Plenary speeches (3)
The situation in the Mediterranean and the need for a holistic EU approach to migration (debate) ES
The situation in the Mediterranean and the need for a holistic EU approach to migration (debate) ES
The situation in the Mediterranean and the need for a holistic EU approach to migration (A8-0066/2016 - Roberta Metsola, Kashetu Kyenge) ES
Shadow opinions (2)
OPINION on the situation in the Mediterranean and the need for a holistic EU approach to migration
OPINION on the situation in the Mediterranean and the need for a holistic EU approach to migration
Amendments (114)
Amendment 2 #
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s commitment to take measures in order to respond to the unprecedented crisis in the Mediterranean and to improve management of migration in all its aspects by reinforcing its migration policy and adopting a strategic European Agenda on Migration, which is a good first stepCondemns the fact that the Commission has had to wait until the unprecedented crisis in the Mediterranean, which was followed by a strong reaction of protest by civil society to re-think its deadly migration policies;
Amendment 3 #
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the current migration crisissituation can be addressed only within the context of a European holistic approach and not by bilateral meetings among Members States; calls for a new European agenda on migration under the leadership ofdesigned by the European Parliament, the Commission and the European Council and with the direct involvement in the decision-making process of relevant stakeholders, such as migrants organizations, underpinned by solidarity among the Member States. This agenda mighust include the replacement of the Dublin regulation with a centralised European asylum system; which takes into account family reunification and the own will of asylum seekers and refugees;
Amendment 8 #
Motion for a resolution
Citation 1 d (new)
Citation 1 d (new)
- having regard to the Convention on the Rights of the Child of 1989,
Amendment 9 #
Motion for a resolution
Citation 1 e (new)
Citation 1 e (new)
- having regard to the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders,
Amendment 9 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Condemns that the Commission’s approach towards migration has been to treat it as a problem, ignoring that migration is a phenomenon that has occurred throughout human history and contributes positively to our societies, and therefore the approach of the Commission should not aim at criminalising migration but at granting that migrants’ human rights are respected;
Amendment 10 #
Motion for a resolution
Citation 1 f (new)
Citation 1 f (new)
- having regard to the Convention on the Elimination of All Forms of Discrimination against Women,
Amendment 10 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the Commission’s European Agenda on Migration, designed without any kind of participation of the European Parliament and relevant stakeholders, such as migrants organizations, has already shown to be an inefficient instrument which cannot aim at dealing with migration flows;
Amendment 12 #
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Condemns the fact that the Commission has had to wait until the unprecedented humanitarian crisis, which was followed by a strong reaction of protest and solidarity by civil society, to re-think its failed migration policies with a holistic approach that includes development, cooperation and respecting the principle of Policy Coherence for Development;
Amendment 13 #
Draft opinion
Paragraph 1 – point 2 (new)
Paragraph 1 – point 2 (new)
(2) Rejects any approach towards migration based on treating it as a problem, not granting that migrants’ human rights are respected and ignoring that migration is a phenomenon that has occurred throughout human history and contributes positively to the development of societies;
Amendment 14 #
Draft opinion
Paragraph 1 – point 3 (new)
Paragraph 1 – point 3 (new)
(3) Recalls the responsibility of the EU and the Member States to refugees and migrants struggling at the risk of their lives to escape from war, chaos, economic misery, hunger and death; emphasises that the EU is responding to its historical responsibility for the impoverishment of third countries, which derives from both the colonial past of its Member States and the neo-colonial policies currently being pursued, under which European companies are exploiting the natural and human resources of those countries;
Amendment 15 #
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that numerous petitions submitted by EU citizens refer to a wide range of issues relating to the crisis in the Mediterranean, expressing shock at the tragic loss of life, the alleged shortcomings in the implementation of the European asylum and migration acquis and violations of fundamental rights, the ineffectiveness of the existing Dublin system and the linadequacky of a comprehensivethe existing EU migration policy, which has resulted in the loss of hundreds of lives and the violation of fundamental rights in the EU’s external borders and within the Member States;
Amendment 16 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Rejects the plans presented to date by the European Commission to tackle the current migrant situation, since they are insufficient, have proven not to respect migrants’ fundamental rights, and do not target its root causes; condemns the actions of the leaders of different Member States which have indicated that the solution to this situations must be militaristic and not based on dialogue and cooperation;
Amendment 23 #
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that, given the scale of the recent tragedies and the alarming increase in irregular arrivals and deaths at sea, the EU and the Member States can no longer be observers but must take ownership of the debate and fully endorse the Commission Agenda on Migrationand dictate a new policy aimed at respecting fundamental rights of migrants and tackling the roots of this increase by not supporting armed conflicts in third countries and ending exploitation of their human and natural resources;
Amendment 29 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reminds the EU and Member States to urgently organise a new permanent maritime search and rescue civil operation in the Mediterranean sea designed in strict collaboration with civil society organisations, taking into account valuable search and rescue experiences such as Phoenix, Argos or Dignity I, operated in the Mediterranean Sea by the Migrant Offshore Aid Station (MOAS) and Médecins Sans Frontières (MSF);
Amendment 31 #
Draft opinion
Paragraph 2 – point 1 (new)
Paragraph 2 – point 1 (new)
(1) Points out that from a development perspective it is not possible to distinguished between vague categories of people such as migrants or asylum seekers; rejects development policies promoting directly or indirectly any kind of discrimination between those categories;
Amendment 37 #
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that action taken by the EU needs to be regularly monitored and enhancedCondemns the lack of transparency currently existing in this area, and stresses that action taken by the EU and all its different bodies and agencies, including FRONTEX, needs to be regularly monitored by the European Parliament, and that its position must be taken into account;
Amendment 41 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Rejects the increase of resources and competences of FRONTEX as it is not an effective instrument to manage migration flows, since their model of security and border control has not proved itself useful and can be a real obstacle to guaranteeing the human rights of migrants and refugees;
Amendment 42 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Encourages relevant stakeholders, such as migrant and refugee organisations, to be taken into account when dictating migration policy, and must have direct participation in the decision making process;
Amendment 44 #
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that monitoring, collecting and analysing information on migration flows and patterns in sea crossings between EU and African states need to be improved and coordinated by a centralised EU migration management mechanism, which would provide regular assessment reports and strengthen consistency, planning and crisis management, thus helping activate early warning systems at EU level to react promptly to future migration crespect fundamental rights and must not contribute to the militarization of the EU’s external borders or to EU intervention in third countrises;
Amendment 52 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the EU and the Member States to adopt, as a matter of urgency, a comprehensive European migration and asylum policy, based on respect for human rights and dignity, international standards, the recommendations of competent international bodies, such as UNHCR, and the values on which the EU is built;
Amendment 57 #
Draft opinion
Paragraph 7
Paragraph 7
Amendment 62 #
Draft opinion
Paragraph 5
Paragraph 5
5. Considers the issues and problems faced by women migrants in the migration process and within the European Union and its impact on women’s empowerment and human rights to be of major importance; stresses that an explicit gender perspective in migration policies is vital and calls for it to be included in all policies directed towards migrants; calls in particular for gender discrimination to be removed in the legal aspects of migration; insists on the need to respect the human and individual rights of the weakest among the migrants, namely women and children (including the need for education for migrating and refugee children), and on the need to include these rights in the post- 2015 development agenda;
Amendment 65 #
Draft opinion
Paragraph 5 – point 1 (new)
Paragraph 5 – point 1 (new)
(1) Calls on the European Union and its Member States to ensure that migrants have access to rights and services which guarantee their equity and prevent the growth of racism and xenophobia within the EU;
Amendment 65 #
Motion for a resolution
Recital C
Recital C
C. whereas according to EASO data7 , in the first ten months of 2015 over 1 million applications for international protection were lodged in the EU, with numbers rising steadily since April, while the share of repeated applications has been simultaneously decreasing; and whereas around 9 % of applicants claim to bwere unaccompanied minors; __________________ 7 EASO Newsletter, November-December 2015, https://easo.europa.eu/wp- content/uploads/EASO-Newsletter-NOV- DEC_-20151.pdf.
Amendment 66 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that the measures contained in the Commission’s agenda will not stop the current flow of migrants and do not guarantee respect to their fundamental rights;
Amendment 67 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recalls that safe migration routes are needed and that international protection must be available to those in need of it, acknowledges the need of a permanent relocation for refugees that takes in account family and cultural ties is needed without jeopardizing freedom of movement;
Amendment 68 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers the issues and problems faced by LGBTI migrants in the migration process and within the European Union and its impact on LGBTI people’s empowerment and human rights to be of major importance; stresses that an explicit LGBTI perspective in migration policies is vital and calls for it to be included in all policies directed towards migrants;
Amendment 69 #
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States and the Commission to ensure a meaningful revision of the Dublin Regulation in order to alleviate sudden and disproportionate migration pressure on Member Sabandon the Dublin Regulation and establish a new system which tatkes such as Italy and Malta, which are more directly exposed to migrant flows, without undermining the security of the Union’s external bordersinto account family and cultural ties of migrants and asylum seekers as well as their freedom of movement;
Amendment 74 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas a lack of gender- disaggregated data prevents clear understanding and analysis of the situation of women and girls who are refugees and asylum-seekers;
Amendment 75 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas, according to the European Commission update (5 January 2016) 17 Member States have made more than 4,200 places available for relocation since the start of the scheme while, according to information from Italy and Greece, the number of places formally indicated as available according to Article 5 of the Council Decisions and open to be filled within the normally foreseen two month period is significantly lower;
Amendment 76 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
D c. whereas, according to Eurostat, the proportion of people of working age in the EU-28 is shrinking while the relative number of those retired is expanding and the share of older persons in the total population will increase significantly in the coming decades, leading to an increased burden on those of working age to provide for the social expenditure required by the ageing population for a range of related services; whereas Commissioner Frattini had predicted in 2005 that "Europe will need more migration, since labour and skills shortages are already noticeable in a number of sectors and they will tend to increase. Demographic projections indicate that a decline in employment in the order of 20 million workers for EU-25 can be expected between 2010 and 2030 as a result of demographic change."
Amendment 77 #
Motion for a resolution
Recital D d (new)
Recital D d (new)
D d. whereas, for the purposes of the UN Convention on the Rights of the Child, a child means every human being below the age of eighteen years;
Amendment 78 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to coordinate its development policies with its economical ones, in order to end exploitation of human and natural resources in third countries, thus undermining the purpose of any kind of development aid; thus calls on the EU and its Member States to strictly regulate the activities of transnational companies of European origin operating in third countries;
Amendment 82 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the EU to stop the construction of detention centres or so-called information centres in third countries; calls on the EU to stop all cooperation and funding which enables the construction of walls in third countries aimed at preventing migrants from reaching the EU or other territories; is dismayed that the funding used for these centres and walls is disguised as development aid;
Amendment 83 #
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the EU and the Member States to provide an international framework for dialogue and a comprehensive debate on migration with third countries of origin and transit in order to ensure closer solidarity and cooperation with the EU, address the root causes of migration and ensure progress on negotiations and full implementation of readmission agreemenstop all kinds of cooperation with third countries of origin and transit which do not respect human rights;
Amendment 85 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Is dismayed that because of public procurement contract awards and debt servicing, inter alia, 61% of official development assistance goes back to donor countries; thus calls for an increase in real aid reverting positively on the needs of the peoples;
Amendment 89 #
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to review together with relevant stakeholders such as migrant organisations Europe Aid’s evaluation and results- oriented monitoring systems, which are essential for planning, designing and implementing EU policies and interventions, and for enhancing transparency and democratic accountability.
Amendment 93 #
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls to the EU and all Member States to halt the construction of walls in the EU’s external borders, to bring down the existing ones, and to stop all cooperation to enable the construction of walls in third countries to stop migrants from reaching the EU or other territories;
Amendment 94 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas the European Union has ratified the United Nations Convention on the Law of Sea (UNCLOS) which states in Article 98 that every state shall require the master of a ship flying its flag to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress, if informed of their need for assistance. In addition, every coastal state shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service;
Amendment 94 #
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the EU to halt the construction of detention centres and of the so-called information centres in third countries;
Amendment 95 #
Motion for a resolution
Recital F c (new)
Recital F c (new)
F c. whereas the European Union has ratified the 1974 International Convention for the Safeguard of Life at Sea (SOLAS Convention) which provides that the master of a ship at sea, on receiving a signal from any source that persons are in distress at sea, is bound to proceed with all speed to their assistance, if possible informing them or the search and rescue service that the ship is doing so; moreover, the Convention requires each contracting government to ensure that necessary arrangements are made for distress communication and coordination in its area of responsibility and for rescue of persons in distress at sea around its coast. These arrangements shall include the establishment, operation and maintenance of such search and rescue facilities as are deemed practicable and necessary, having regard to the density of the seagoing traffic and the navigational dangers, and shall, so far as possible, provide adequate means of locating and rescuing such persons.
Amendment 95 #
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Calls on the EU and on Member States to immediately suspend all readmission agreements with countries which do not respect human rights;
Amendment 96 #
Motion for a resolution
Recital F d (new)
Recital F d (new)
F d. whereas the European Union has ratified the 1979 International Convention on Search and Rescue at Sea (the SAR Convention), which obliges Member States to set up search and rescue areas and the related rapid intervention services requiring that parties shall provide assistance to any person in distress at sea, doing it regardless of the nationality or status of such a person or the circumstances in which the person is found, and that an operation to retrieve persons in distress provides for their initial medical treatment or other needs and delivers them to a place of safety.
Amendment 96 #
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Calls on the EU and Member States to analyse the deep social, economic, and political consequences in terms of migration flows produced by the activities of transnational companies of European origin operating in third countries;
Amendment 98 #
Draft opinion
Paragraph 10
Paragraph 10
10. Calls on the Member States to establish national integration supportsocial inclusion programmes, allocate adequate resources and support, and improve the application of the Common Basic Principles for Immigrant Integration Policy in the EUto ensure that migrants and refugees have access to rights and services that guarantee their equity; calls on the Commission to strengthen the role of the network of National Contact Points on Integration and of the European Integration Forum as platforms for dialogue to ensure better integratclusion and exchanges of promising practices among Member States.
Amendment 99 #
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the EU and Member States to implement effective measures to tackle growing xenophobia and hate crimes based on education and prevention as well as on penalizing all forms of violence and discrimination, including hate speech, and recognizing that the EU’s aggressive migration policies have been one of the main causes of this type of violence.
Amendment 116 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the 2016 European Parliament's Policy Department C's study "Fit for purpose? The Facilitation Directive and the criminalisation of humanitarian assistance to irregular migrants" demonstrates that the Facilitation Directive has profound unintended consequences that have an impact not just on irregular migrants and those who assist them, but also on social trust and social cohesion for society as a whole and that some civil society organisations fear sanctions and experience intimidation in their work with irregular migrants, with a deterrent effect on their work.
Amendment 143 #
Motion for a resolution
Recital M
Recital M
M. whereas safe and legal routes for refugees to access the EU are limited, and many continue to take the risk of embarking on dangerous routes; and whereas the creation of new safe and lawful routes for migrants, asylum seekers and refugees to enter the EU, building on existing legislation and practices, would allow the EU and the Member States to have a better overview of the protection needs and of the inflow into the EU and to undermine the business model of the smugglers is the only way to prevent further deaths at sea;
Amendment 193 #
Motion for a resolution
Recital T a (new)
Recital T a (new)
T a. whereas securing operational funding is a key challenge for NGOs, as most funding is project related. whereas volunteer and NGO initiatives dedicated to providing assistance to migrants should be promoted and, where appropriate, funded by the European Commission and Member States.
Amendment 227 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Condemns seizing of valuables from asylum seekers in order to finance the cost of their stay during the asylum procedures in a Member State which constitutes an infringement of the human dignity of the persons concerned and violates the right to property enshrined in Article 1 of Protocol 1 to the ECHR.
Amendment 239 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that the saving of lives is an act of solidarity with those at risk, but that it is also a legal obligation under international law, as Article 98 of the United Nations Convention of the Law of the Sea – ratified by all Member States and the Union itself – requires assistance to be given to any person in distress at sea; calls on Member States to align their national legislation accordingly;
Amendment 246 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that a permanent, robust and effeproactive Union response in search and rescue operations at sea is crucial, parallel with establishing legal access to the EU, to preventing an escalating death toll of migrants attempting to cross the Mediterranean Sea, including rapid responses to shifting flows;
Amendment 261 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recognising that international law binds Member States to set up search and rescue areas, urges Member States willing to take the lead to form a coalition of fair responsible sharing, search and rescue, relocation and resettlement with the support of reliable NGOs .
Amendment 297 #
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 336 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that full use should be made of existing instruments, such as the aAgencies’' risk analyses; observes that Union aAgencies should cooperate fully, but that they also need to step up cooperation with Member States; notes that better coordination of efforts should allow for the collection of data at national level and its onward communication to the Agencies; recalls that the agencies should be accountable to the European Parliament and their work must be transparent;
Amendment 345 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that humanitarian assistance, funding or actions/programmes by civil society should not be linked to their cooperation in the fight against smuggling; points out that NGOs, social workers, volunteers should never be asked to be agents of surveillance;
Amendment 437 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Genuine links include family ties beyond the definition of family members in Regulation (EU) No 604/2013 , social relations, cultural ties, previous stay in a Member State, previous study and previous work experience with a company or an organisation of a specific Member State as well as specific qualifications, including language skills, that could be relevant for the integration of applicants into the labour market of the Member State of relocation;
Amendment 481 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses the need to introduce a mechanism for the rapid adjustment of the EU resettlement program in order to respond swiftly in humanitarian crisis situations, as to resettle quickly people in dire need of protection in third countries outside the European Union;
Amendment 482 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Notes that applicants for resettlement shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a negative or transfer decision, before a court or tribunal.
Amendment 493 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines that, in so far as resettlement remains unavailable for third-country nationals, all Member States should be encouraged to establish and implement humanitarian admission programmes;
Amendment 501 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Points out that humanitarian visas provide persons in need of international protection with means of accessing a third country in order to apply for asylum; calls on the Member States to make use of any existing possibilities to provide for humanitarian visas at Union embassies and consular offices in countries of origin or transit countries, and to create such programs where they do not currently exist;
Amendment 506 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to propose a non-exhaustive list of ‘humanitarian grounds’ for the release of humanitarian visas to offer Member States a standardised solution to providing humanitarian visas;
Amendment 514 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. PIn light of the high divergences in recognition rates, reception standards and procedural length among Member States, points out that further steps are necessary to ensure that the CEAS could becomes a truly uniform system;
Amendment 529 #
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 535 #
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29c. Notes that reception conditions in some Member States do not comply with minimum EU standards and do not provide appropriate safeguards for women, children and other vulnerable groups;
Amendment 538 #
Motion for a resolution
Paragraph 29 f (new)
Paragraph 29 f (new)
29f. Recalls that both international law and the EU Charter of Fundamental Rights require Member States to examine alternatives to detention, as an application of the principles of necessity and proportionality in order to avoid arbitrary deprivation of liberty; Alternatives to detention include but are not limited to such as regular reporting to the authorities, the deposit of a financial guarantee, or an obligation to stay at an assigned place;
Amendment 550 #
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Points out that the current Dublin Regulation has been deemed unlawful; takes the view that a new asylum and migration framework should focus on the best interest of the unaccompanied minors, in order not to not to prolong unnecessarily the procedure for determining the Member State responsible, and to ensure that unaccompanied minors have swift access to the procedure for determining the international protection status.
Amendment 577 #
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Notes that a considerable number of potential asylum seekers are excluded from the relocation system because they do not belong to a nationality for which the proportion of decisions granting international protection among decisions taken at first instance is 75 % or higher.
Amendment 579 #
Motion for a resolution
Paragraph 33 c (new)
Paragraph 33 c (new)
33c. The reception and procedural needs of applicants for relocation belonging to a vulnerable group should be assessed as soon as an application for international protection is made; these needs should be handled and closely monitored during every step of the relocation process;
Amendment 604 #
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35b. A safeguard clause with respect to the family ties (at least the one concerning parents, children, spouses or registered partners, siblings) should be inserted: therefore the country connected to the asylum seeker for the presence of one or more of these family members will always be obliged to accept the transfer, and should receive an extra financial contribution from the AMIF, following a proper interpretation or modification of the Regulation No. 516/2014. The following reference period for the calculation of quotas would take into account these "extra" transfers.
Amendment 605 #
Motion for a resolution
Paragraph 35 c (new)
Paragraph 35 c (new)
35c. In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States;
Amendment 606 #
Motion for a resolution
Paragraph 35 d (new)
Paragraph 35 d (new)
35d. The reception and procedural needs of applicants for international protection belonging to a vulnerable group should be assessed as soon as an application for international protection is made; these needs should be handled and closely monitored during every step of the process
Amendment 607 #
Motion for a resolution
Paragraph 35 e (new)
Paragraph 35 e (new)
35e. Believes that full and verifiable compliance with legal standards in treating asylum seekers and their claims must be ensured, as well as access to justice. Recommends the competent authorities of the Member State where the application is lodged to be assisted by an asylum support team including liaison officers and specialised staff of other Member States, EASO, UNHCR and other actors including specialised NGOs.
Amendment 618 #
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that, at present, Member States recognise asylum decisions from other Member States only when they are negative; reiterates that mutual recognition by Member States of positive asylum international protection decisions is a logical step towards proper implementation of properly Article 78(2)(a) TFEU, which calls for ‘"a uniform status of asylum valid throughout the Union’";
Amendment 621 #
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Suggests therefore that refugees should be entitled, immediately upon recognition, to rights and equality which should extend throughout the European Union and not only in the Member States granting the status.
Amendment 622 #
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Calls therefore for the recognition of positive international protection decisions and the definition of the conditions under which a beneficiary of international protection can obtain the right to reside in another EU state than the one in which he obtained recognition of protection.
Amendment 665 #
Motion for a resolution
Paragraph 41
Paragraph 41
41. Recalls that, under Article 15 of the Reception Conditions Directive, Member States are to determine the conditions for granting access to their labour markets for applicants for international protection, provided that such access is effective and is in accordance with the timeframe laid down in Paragraph 1 of that Article; uReminds Member States that they may provide for higher standards with respect to access to the labour market; Understands that, per Article 15(2) for reasons of labour market policies, Member States may give priority to Union citizens and nationals of sStates parties to the Agreement on the European Economic Area, and to legally resident third-country nationals;
Amendment 674 #
Motion for a resolution
Paragraph 42
Paragraph 42
42. Takes the view that, where those persons granted international protection in the Union have an offer of employment or scholarship or research grant in a Member State other than the one in which they have been granted international protection, they should be able to avail themselves of such an offer;
Amendment 678 #
Motion for a resolution
Paragraph 42 b (new)
Paragraph 42 b (new)
42 b. Likewise, persons who have not been granted international protection in the Union but have received an offer of scholarship, employment or have regularly worked in a Member State while their protection claim was being processed should be able to avail themselves of a resident permit for third country nationals instead; urges the Commission to address this issue by providing innovative proposals in this direction;
Amendment 701 #
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Calls on Member States to ensure that integration measures should include specific measures for women asylum seekers and refugees.
Amendment 712 #
Motion for a resolution
Paragraph 46
Paragraph 46
46. Underlines that Member States should overcome any legal and practical obstacles to arrive at swifter decisions on family reunification by removing discriminatory requirements and limitations on family reunification (e.g. age or time limitations, minimum income requirements above minimum wage);
Amendment 752 #
Motion for a resolution
Paragraph 49
Paragraph 49
Amendment 765 #
Motion for a resolution
Paragraph 50
Paragraph 50
50. Believes that the return of migrants should only be carried out safely, in full compliance with the fundamental and procedural rights of the migrants in question, and where the country to which they are being returned is safe for them; in respect with the non-refoulement principle and the right to an effective remedy against a return decision, reiterates, in that regard, that voluntary return should be prioritised over forced returns;
Amendment 808 #
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52 a. Notes that the use of safe country lists, whether nationally designated or at EU level, further contributes to a practice of stereotyping certain applications on the basis of their nationality and increases the risk of such applications not being subject to a thorough examination of a person's fear for persecution or risk of serious harm on an individual basis, which is at the core of the refugee definition and crucial to ensuring full respect of the principle of non-refoulement
Amendment 809 #
Motion for a resolution
Paragraph 52 b (new)
Paragraph 52 b (new)
52 b. Underlines that, according to Article 3 of the Geneva Convention of 1951, Member States shall not discriminate refugees on the basis of their race, religion or country of origin.
Amendment 827 #
Motion for a resolution
Paragraph 54
Paragraph 54
54. Underlines, in any event, that any list of safe countries of origin should not detract from the principle that every person must be allowed an appropriate individual examination of his or her application for international protection;, from the right to an effective remedy and to a fair trial and from the respect of the principle of non- refoulement; it must also be ensured that specific reasons for persecution, particularly gender, sexual orientation and gender identity, as well as belonging to a particular social or ethnic group, are addressed appropriately throughout an individual assessment of each application, even from countries that are on such a list.
Amendment 847 #
Motion for a resolution
Paragraph 58
Paragraph 58
58. Recommends that EASO could be developed, in the long term, into a principal coordinator of the CEAS with a view to guaranteeing common application of the rules of that system; reiterates that, as the CEAS becomes genuinely European, EASO needs to develop from a collection of experts from Member States into a fully- fledged Union aAgency provid; believes that the mandate of EASO should be properly reviewed ing operational support to Member States and at the external borderrder to avoid overlaps or contradictions with the work of other EU agencies and to improve its coordination with UNHCR and other non- governmental organizations; emphasises, in that regard, that it must beis provided with the necessary funding and human resources in the short, medium and long -term;
Amendment 850 #
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58 a. Any development of the Agency should include substantial involvement of civil society organisations in its work following Article 51 of the Regulation establishing EASO as well as accountability mechanisms before the EU institutions
Amendment 882 #
Motion for a resolution
Paragraph 62 b (new)
Paragraph 62 b (new)
62 b. Notes, in this regard, that the proposed individual complaint mechanism against human rights violations raises several questions in terms of its effectiveness; according to the Commission's proposal, the complaint would be processed only internally, that is to say, by the agency itself, resulting in an assessment that is not sufficiently independent and impartial. Moreover, in the proposal, no remedy is foreseen in case the complaint is rejected as inadmissible or not well-founded. Stresses the need to put in place an effective independent complaint mechanism.
Amendment 887 #
Motion for a resolution
Paragraph 64
Paragraph 64
Amendment 907 #
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Since substantial refugee flows to the EU are bound to continue in the future, believes that only legal and safe routes to the EU and taking account of the asylum seeker's preferences for host EU countries will deter external and secondary movements within the EU
Amendment 913 #
Motion for a resolution
Paragraph 68
Paragraph 68
Amendment 919 #
Motion for a resolution
Paragraph 69
Paragraph 69
Amendment 936 #
Motion for a resolution
Paragraph 71 a (new)
Paragraph 71 a (new)
71 a. Points out, in that regard, that the Union Agencies require the resources necessary to allow them to fulfil their assigned tasks; stresses that all the operations carried out at the hotspots must be characterized by transparency and insists, therefore, that the Union Agencies and the Member States keep the Parliament fully informed of work undertaken at the hotspots, including by allowing regularly independent experts, such as human rights organisations, lawyers and elected representatives, to visit the centres;
Amendment 976 #
Motion for a resolution
Paragraph 76
Paragraph 76
76. Believes that such a revision is necessary and should consider introducing a system allowing for victims of trafficking and criminal smuggling to come forwarddeclare their condition and aid in the effective prosecution of a trafficker or criminal smuggler without fear of being prosecuted themselves; victims should be given protection in the EU without any conditionality in cooperation in prosecution of the trafficker or smuggler;
Amendment 984 #
Motion for a resolution
Paragraph 77 a (new)
Paragraph 77 a (new)
77a. Calls therefore for the revision of Article 1.2 of the Council Directive 2002/90/EC to provide for a mandatory exemption from criminalisation for 'humanitarian assistance' in cases of entry, transit and residence of third country nationals;
Amendment 990 #
Motion for a resolution
Paragraph 79 a (new)
Paragraph 79 a (new)
79a. Emphasises the urgent need to address the severe labour exploitation of migrant workers in the Union; recognises that the lack of regular migration channels and barriers to access justice are among the root causes of trafficking; and notes that the Employers' Sanctions Directive includes important provisions to address labour exploitation of irregularly residing third country nationals but that such provisions are reliant on the existence of fair, effective, and accessible complaint mechanisms at national level and implementation remains minimal; reiterates the recommendations of the EU Fundamental Rights Agency regarding the need to strengthen the current legal framework to protect workers from exploitation, and for an EU-level consensus which states that severe labour exploitation is unacceptable and that all workers are entitled to effective protection;
Amendment 1000 #
Motion for a resolution
Paragraph 80 b (new)
Paragraph 80 b (new)
80b. Welcomes the recommendations by the Commissioner for Human Rights at the Council of Europe in the issue paper "the right to leave a country"; Calls in particular for EU Member States to review their border and immigration control laws, policies and practices to ensure that they do not constitute or establish incentives for other States to interfere with the right of all people to leave the country they are in;
Amendment 1008 #
Motion for a resolution
Paragraph 82
Paragraph 82
82. Understands that the external dimension should focus on cooperation with third countries in tacklingCalls for negotiations to be stopped on all types of agreements with third countries which do not guarantee the proot causes of, and addressing, irregular flows to Europe; understands that partnerships and cooperationtection of refugees and respect for fundamental rights, i.e. with key countries of origin, transit and destination should continue to be a focus, for example through the Khartoum and Rabat processes, the Africa-EU migrasuch as Eritrea, Sudan, Somalia, Ethiopia and Egypt, from where refugees are fleeing; calls, further, for the suspension of all financial aid to the Egyptioan and mobility dialogue, the Budapest Process and the Prague ProcesEritrean regimes, in the light of the reports by the UN and NGOs on severe and growing human rights abuses in those countries;
Amendment 1024 #
Motion for a resolution
Paragraph 85
Paragraph 85
Amendment 1041 #
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86a. Expresses its concern over the recent report from Amnesty International, highlighting the alarming consequences of the EU-Turkey Joint Action Plan on the unlawful detention and deportation of refugees from Turkey.
Amendment 1055 #
Motion for a resolution
Paragraph 88
Paragraph 88
Amendment 1061 #
Motion for a resolution
Paragraph 88 a (new)
Paragraph 88 a (new)
88a. Urges the Commission to support civil society campaigns targeting businesses, service users, and consumers to raise awareness about the prevalence of labour exploitation in key sectors of Europe's economy.
Amendment 1068 #
Motion for a resolution
Paragraph 89
Paragraph 89
89. Reaffirms that the Union must adopt a long-term strategy to help counteract the ‘'push factors’' in third countries (persecution, conflict, generalised violence, climate change and natural disasters or extreme poverty), which force people into the hands of criminal smuggling networks, which they see as their only chance to reach the Union;
Amendment 1099 #
Motion for a resolution
Paragraph 92 a (new)
Paragraph 92 a (new)
92a. Expresses its concerns at the rising number of climate refugees; calls for serious recognition of the issue of climate refugees and the scope thereof, resulting from climate disasters caused by global warming;
Amendment 1100 #
Motion for a resolution
Paragraph 92 b (new)
Paragraph 92 b (new)
92b. Reiterates the need of a definition of climate refugees and a multilateral legal instrument to address the needs of climate refugees in order to protect people fleeing events triggered by climate change, deplores the fact that the status of 'climate refugee' is not yet recognised and leaves a legal loophole affecting victims that cannot benefit from refugee status;
Amendment 1119 #
Motion for a resolution
Paragraph 96
Paragraph 96
96. Notes that the Union’'s migration policy is implemented through different policy instruments, each having its own objectives, which are not necessarily interlinked, and that there is insufficient coordination of funding between the multiple actors involved; points out that the fragmentation of budget lines and responsibilities creates a management structure that could make it difficult to provide a comprehensive overview on how the different funds available are allocated and ultimately used; points out,calls to ensure funds are used to promote a comprehensive and rights-based approach to migration and accountability if funds are used inappropriately or violate migrants' rights; furthermore, points out that such fragmentation makes it harder to quantify how much overall the Union spends overall on migration policy;
Amendment 1123 #
Motion for a resolution
Paragraph 96 b (new)
Paragraph 96 b (new)
96b. Believes that funding provided for the new 'hotspot' approach, and coordination of returns of those migrants not entitled to international protection, must be monitored. Civil society organisations should not be hindered in reporting on any breaches of fundamental or procedural rights of migrants.
Amendment 1129 #
Motion for a resolution
Paragraph 97 a (new)
Paragraph 97 a (new)
97a. Recalls that the positive impact of the EU migration funds rely on processes at national and EU level to ensure transparency, effective monitoring and accountability. Consideration should be given as to how to make monitoring and evaluation ongoing processes and not only ex-post processes. The role of the Court of Auditors should be strengthened in that regard. Qualitative and quantitative indicators should be established and be comparable in order to measure the impact of EU funds and help to assess whether those funds achieved their objectives. Quantified data should be systematically collected. The establishment of a strong and independent European Public Prosecutor's Office should help tackle fraud against the EU budget, including in the area of migration. Such reports could also be made publicly available;
Amendment 1143 #
Motion for a resolution
Paragraph 101 a (new)
Paragraph 101 a (new)
101a. Funds used for migration and asylum policies should be exempt from EU deficit rules as provided for in the EU Stability and Growth Pact;
Amendment 1148 #
Motion for a resolution
Paragraph 103
Paragraph 103
103. RStressing the crucial role played by NGOs and volunteers in the protection of migrant and asylum seeker's rights, reiterates that civil society involvement in the development of Union actions and national programmes must be ensured, in line with the partnership principle as laid down in AMIF; proposes that, at Union level, thought could be given to regular consultation between the Commission and relevant civil society organisations working on migration, asylum and integration issues;
Amendment 1221 #
Motion for a resolution
Paragraph 115
Paragraph 115
115. Deplores the fact that the low risk of being detected and/or prosecuted as an employer exploiting the labour of irregular migrants has been identified as an important factor in labour exploitation, in particular in sectors most at risk (agriculture, construction, hotels and restaurants, domestic workers and care services); recommends that in order to tackle this impunity it is necessary, firstly, to ensure that all cases of severe labour exploitation are criminalised and adequately punished under national law, including appropriate protection, redress and compensation for victims, and, secondly, to increase labour inspections in at-risk sectors, ensuring effective and accessible complaints mechanisms for workers;
Amendment 1224 #
Motion for a resolution
Paragraph 115 a (new)
Paragraph 115 a (new)
115a. Recalls that the difficulties that irregular migrants may face in having access to justice and enforcing their rights may be counterproductive to the fight against illegal employment;
Amendment 1229 #
Motion for a resolution
Paragraph 117
Paragraph 117
117. Reiterates that special procedures to ensure facilitation of complaints foreseen by Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (the ‘"Employers’' Sanctions Directive’") should be fully implemented and correctly applied in practice; believes that increased protection for those victims of trafficking, and for those smuggled into the Un or labour exploitation , who cooperate and facilitate prosecution of traffickers and/or criminal smugglemployers that exploit workers, is necessary; suggests that, in addition, support should be given for the setting up of a European Business Coalition against Trafficking in Human Beings (as mooted in the 2014 Strategy against Trafficking in Human Beings) with the purpose of developing supply chains that do not involve trafficking in human beings;