Activities of Tineke STRIK related to 2023/2087(INI)
Reports (1)
REPORT on a European Parliament recommendation concerning negotiations on a status agreement between the European Union and the Islamic Republic of Mauritania on operational activities carried out by the European Border and Coast Guard Agency (Frontex) in the Islamic Republic of Mauritania
Shadow opinions (1)
OPINION on the ongoing negotiations on a status agreement on operational activities carried out by the European Border and Coast Guard Agency (Frontex) in Mauritania
Amendments (35)
Amendment 2 #
Draft opinion
Paragraph 1
Paragraph 1
1. Supports the ongoing negotiations between the EU and Mauritania on the establishment of a status agreementNotes that a status agreement can only be established under the condition that it strictly adheres to thate provides for Frontex deployment in Mauritania; notes, however, that a status agreement can only be established under the condition that it enshrines and adheres to strict fundamental human rights guaranteestection of fundamental rights and personal data, the principle of non-refoulement, the prohibition of arbitrary detention and the prohibition of torture and inhuman or degrading treatment or punishment, as enshrined in Article 73(2) of Regulation (EU) 2019/1896;
Amendment 6 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas the Commission is in negotiations with the government of Mauritania with a view to conclude a status agreement for Frontex in order to perform executive tasks on the territory of the Islamic Republic of Mauritania, on the basis of Council Decision (EU) 2022/1168
Amendment 8 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas the Model Status Agreement referred to in Article 76(1) of Regulation 2019/1896 is to serve as the basis for the Commission’s negotiations with Mauritania; whereas the status agreement provides that it shall ensure that fundamental rights are fully respected during operations and shall provide for a complaints mechanism;
Amendment 16 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Fundamental Rights Officer to conduct an independent assessment of the human rights situation in Mauritania as regards the treatment of migrants and refugees before advancing in the negotiations with Mauritania, in order to be able to fully consider the impact of potential cooperation and to negotiate the necessary safeguards;
Amendment 17 #
Ca. Whereas Article 218 (10) TFEU obliges the Commission to immediately and fully inform the Parliament during all stages of the procedure of conclusion a Status Agreement;
Amendment 20 #
Motion for a resolution
Recital D – introductory part
Recital D – introductory part
D. whereas, according to the Model Status Agreement referred to in Article 76(1) of Regulation 2019/1896 :
Amendment 23 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas in February 2023, UNHCR reported the presence of 136,350 refugees and asylum seekers in Mauritania;
Amendment 25 #
Draft opinion
Paragraph 3
Paragraph 3
3. MaintainReiterates that the launch of Frontex operational activities under a status agreement should promote fundamental human rights and EU values; fully respect and promote human rights, including with regard to the protection of personal data, the principle of non-refoulement, the prohibition of arbitrary detention and the prohibition of torture and inhumane or degrading treatment or punishment;
Amendment 28 #
Motion for a resolution
Recital E
Recital E
E. whereas despite having signed the 1951 Convention relating to the Status of Refugees, its 1967 Protocol and the 1969 OAU Refugee Convention Mauritania has no national legal asylum system in place; whereas the Office of the United Nations High Commissioner for Refugees (UNHCR) grants de facto protection with the issuance of refugee cards and certificates on the basis of a mMemorandum of Understanding with the authorities; whereas people deemed ineligible for protection are structurally deported to the Malinian and Senegalese border by the authorities without further procedure; whereas this has included deportations of people whose cases have not been assessed by the UNHCR; whereas Mauritania’s current legal framework does not allow for effective protection of women and children, or of LGBTIQ+ persons; whereas same-sex activity is illegal in Mauritania;
Amendment 30 #
4. Considers that Frontex staff who are granted immunity for their activitisound mechanisms must be established in order to hold Frontex staff deployed in Mauritania accountable under EU or Member State law; calls in this regard for a review of the current provisions on immunity in the Model Status Agreement; calls on the Executive Director to adopt guidelines ion Mauritania must continue to be held accountable under EU or Member State lawthe mandatory waiving of immunity for deployed staff, specifying how requests from the third-country authorities will be dealt with, as well as enshrining a strong role for the Fundamental Rights Officer; calls for the deployment of standing corps officers to be conditional on these guidelines;
Amendment 37 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for clear guidelines andhuman rights guidelines to be established and for training to be provided to Frontex staff deployed in Mauritania as well as to the Mauritanian border guards;
Amendment 42 #
Motion for a resolution
Recital G
Recital G
G. whereas Mauritania only formally abolished slavery in 1981 by the adoption of Law 2015-031, and was the last country in the world to do so; whereas slavery has only been criminalised since 2015; whereas the UN Special Rapporteur on contemporary forms of slavery concluded in 2022 that the country had taken significant steps but the continued existence of slavery and slavery-like practices, including practices of forced labour, remains a concern and has an impact on both migrants and Mauritanian citizens;
Amendment 45 #
Ga. Whereas the Mauritanian authorities are receiving bilateral border management support by the Spanish authorities since 2006 in an advisory capacity only, including through physical deployment of the Guardia civil and Spanish Gendarmerie; whereas Frontex would be the first non-Mauritanian actor performing executive mandate at the border of the country;
Amendment 47 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission and Frontex to establish mechanisms for persons potentially affected by the Agency’s action on the territory of the third country to effectively seek remedy through external bodies, such as the Court of Justice of the European Union and the Ombudsman;
Amendment 53 #
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for the inclusion of an adequate human rights monitoring mechanism for Frontex activities carried out under all Frontex missions in third countries with a strong role of the Fundamental Rights Officer;
Amendment 62 #
Draft opinion
Paragraph 8
Paragraph 8
8. Considers that the EU and Frontex should suspend their activities on migration and asylum carried out in cooperation with the Mauritanian authorities in the event of persistent human rights violationsviolations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist, in line with Article 46(4) of Regulation (EU) 2019/1896;
Amendment 64 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that iprovisions of the Model Status Agreement falls short of addressing the above-mentioned concerns, this and could lead to accountability gaps in the event of fundamental rights violations committed either by the third country’s authorities and/or by Frontex’s deployed personnel;
Amendment 65 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is concerned about the absence of asylum legislation in Mauritania, as well as the fact that same-sex activity is currently illegal in the country;
Amendment 69 #
Draft opinion
Paragraph 9
Paragraph 9
9. Is highly concerned about Mauritania’s human rights track record, most notably its violations committed between 2020 and 2023including systemic and serious human rights violations such as refoulement, arbitrary arrests and detention, (gender- based) violence, including cases of torture, exploitation, abusive detention conditions, extortion and theft, and abusive collective expulsions; is concerned about the existence of de facto slavery practices in the country;
Amendment 72 #
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that the deployment of Frontex officers with executive powers in Mauritania entails a high risk of becoming complicit in serious and most likely persistent violations of fundamental rights or international protection obligations;
Amendment 73 #
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission to support local civil society organisations that protect and promote the rights of migrants, as well as to fund the civil society monitoring of the cooperation of the Mauritanian authorities with Frontex;
Amendment 74 #
Draft opinion
Paragraph 10 – introductory part
Paragraph 10 – introductory part
10. Calls for the inclusion of the following points in the status agreement, before seeking formal consent of the European Parliament:
Amendment 78 #
Draft opinion
Paragraph 10 – point a
Paragraph 10 – point a
(a) There will be no excessive or arbitrary detention of migrants and asylum seekers and detention centres will be up to standard;
Amendment 87 #
Draft opinion
Paragraph 10 – point e
Paragraph 10 – point e
(e) EU funding will be disbursed transparently. with human rights impact assessments to be conducted prior to disbursement and strong monitoring during implementation;
Amendment 89 #
Draft opinion
Paragraph 10 – point e a (new)
Paragraph 10 – point e a (new)
(ea) Explicit safeguards are established in order to allow deployed officers to disregard orders issued by the third country’s authorities that contradict the Agency’s fundamental rights obligations and/or that derive from EU and international law;
Amendment 91 #
Draft opinion
Paragraph 10 – point e b (new)
Paragraph 10 – point e b (new)
(eb) Provisions in the agreement will refer to the need for Mauritanian authorities to respect fundamental rights during operations, including robust measures that will ensure accountability in the event of violations;
Amendment 93 #
Motion for a resolution
Paragraph 3 – point 3.1 – point e
Paragraph 3 – point 3.1 – point e
e. perform ex ante fundamental rights impact assessments before engaging in negotiations with third countries on the conclusion of Status Agreements, in order to be able to fully consider the impact of potential cooperation and to negotiate the necessary safeguards; make this impact assessment publicly available or at least share it with co-legislators;
Amendment 99 #
Motion for a resolution
Paragraph 3 – point 3.1 – point e a (new)
Paragraph 3 – point 3.1 – point e a (new)
ea. Keep the European Parliament fully and regularly informed of all steps of the negotiations;
Amendment 102 #
Motion for a resolution
Paragraph 3 – point 3.1 – point e b (new)
Paragraph 3 – point 3.1 – point e b (new)
eb. In case of the signing of a Status Agreement and the establishment of an Operational Plan, ensure independent monitoring of the cooperation in relation to the fundamental rights situation;
Amendment 107 #
Motion for a resolution
Paragraph 3 – point 3.2 – point a
Paragraph 3 – point 3.2 – point a
a. formalise the consultation role of the Fundamental Rights Officer (FRO) when deciding whether to launch a joint operation in the third country covered by the Status Agreement, and treat the FRO’s opinion as binding;
Amendment 137 #
Motion for a resolution
Paragraph 3 – point 3.2 – point d a (new)
Paragraph 3 – point 3.2 – point d a (new)
da. Sign a Memorandum of Understanding with the third country concerned in order to align complaint mechanisms;
Amendment 138 #
Motion for a resolution
Paragraph 3 – point 3.2 – point d b (new)
Paragraph 3 – point 3.2 – point d b (new)
db. Make any material support to the border authorities of a third country conditional upon full respect for fundamental rights and ensure monitoring to be in place;
Amendment 139 #
Motion for a resolution
Paragraph 3 – point 3.2 – point d c (new)
Paragraph 3 – point 3.2 – point d c (new)
dc. Ensure permanent deployment of a Fundamental Rights Monitor to operations in Mauritania in accordance with Regulation 2019/1896;
Amendment 147 #
Motion for a resolution
Paragraph 3 – point 3.2 – point e a (new)
Paragraph 3 – point 3.2 – point e a (new)
ea. Share periodical evaluations of joint operations in third countries with the European Parliament and Council, including in Mauritania, with a focus on fundamental rights;
Amendment 152 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Requests the European Court of Justice to formally assess whether the Status Agreement as negotiated is compatible with the Treaties, as enshrined in Article 218 (11) TFEU, especially related to accountability of the Agency for actions performed on the territory of Mauritania, in light of the significant differences between the legal framework of the EU and Mauritania;