Activities of Cornelia ERNST related to 2023/2087(INI)
Shadow 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
Amendments (25)
Amendment 7 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas the Commission is in negotiations with the government of Mauritania with a view to conclude a status agreement with 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; whereas this agreement is embedded into the EU’s push to further externalise border surveillance to intercept persons seeking safety in third countries before they reach the EU;
Amendment 16 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Whereas the Frontex Consultative Forum of fundamental rights called in its report on the fundamental rights implications of the Agency’s engagement with third countries of 21 May 2019 Frontex to carry out an effective fundamental rights impact assessment prior to engaging with a third country;
Amendment 19 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. Whereas Article 218 (10) TFEU obliges the Commission to immediately and fully inform the Parliament during all stages of the procedure of negotiations of a Status Agreement;
Amendment 26 #
Motion for a resolution
Recital E
Recital E
E. wWhereas 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 memorandum with the authorities; whereas people deemed ineligible for protection are structurally deported by the authorities without further procedure; whereas this has included deportations of people whose 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 UNHCR grants de facto protection as per the issuance of refugee cards and certificastes 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 Mauritaniaon the basis of a Memorandum of Understanding with the authorities;
Amendment 31 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas people intercepted at sea or perceived by authorities as “candidates for sea departures” are being arrested, interrogated violently, held in police stations in inhumane and degrading conditions and systematically deported by buses to the Malian or Senegalese border by the authorities without any further procedure and are being handed over to Malian or Senegalese authorities; whereas this has included deportations of people whose cases have not been assessed by UNHCR; whereas Mauritania’s current legal framework does not allow for effective protection of women and children, nor of LGBTIQ+ persons; whereas homosexuality is deemed illegal under Mauritanian criminal law and still a criminal offence punishable by death;
Amendment 32 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas there have been reports of persons intercepted at sea in Western Sahara by Moroccan authorities being handed over to Mauritanian authorities, who then conduct returns by buses during 24 hours without any stop nor provision of any food nor water to the Senegalese border ; whereas there are no indications of any assessment by UNHCR;
Amendment 33 #
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. Whereas as of 31 May in February 2023, UNHCR reported the presence of 108.972 refugees and asylum seekers in Mauritania, amongst which 84.093 Malian refugees the Mbera camp;
Amendment 34 #
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas Mauritania has not abolished the death penalty, despite a de facto moratorium since 1987; whereas there are 40 legislative provisions relating to the application of the death penalty, including for minors; whereas foreign detainees facing the death penalty rarely have access to legal assistance and a competent translator;
Amendment 36 #
Motion for a resolution
Recital F
Recital F
F. whereas refugees, asylum-seekers and migrants in Mauritania continuously face systemic and serious human rights violations and ill treatment 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; to Senegal but also Mali; whereas people are not assessed in regard to their nationality and vulnerability, despite the state of insecurity or conflict in Mali; whereas the UNHCR does not appear to carry out regular visits to border check points, places of disembarkation after interceptions at sea and places of detention to identify any protection needs, and civil society organisations seem to be prevented from doing so;
Amendment 38 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the implementation of anti-trafficking legislation, far from protecting victims, has led to the criminalisation of migrants, against whom accusations of trafficking and smuggling are levelled as a preventive measure against departures to the Canary Islands;
Amendment 39 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas Mauritanian authorities frequently detain Western and Central African nationals without due process, with no individual legal status assessments or formal deportation decisions. Whereas people face arbitrary detention and arrests on the streets, at worksites, or during raids of neighbourhoods or buildings.
Amendment 40 #
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. whereas people residing legally in the country are sometimes also detained and expelled, including people seeking asylum in Mauritania.
Amendment 43 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas an agreement between Spain and Mauritania allowing joint border control operations has existed since 2006; whereas Frontex, through Operation HERA, has also carried out occasional joint operations between 2006 and 2018 in Mauritania; whereas there has been no evaluation of this cooperation in terms of its impact on the protection of and respect for the human rights of migrants in Mauritania; whereas the legal basis of operation Hera is questionable;
Amendment 50 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its deep concern about the situation of fundamental rights in Mauritania, particularly for migrants and refugees, and considers that the deployment of Frontex executive powers in Mauritania entails a high risk of becoming direct and/or indirect complicit in serious and most likely persistent violations of fundamental rights or international protection obligations; recommends therefore to stop negotiations;
Amendment 63 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that if the Model Status Agreement falls short of addressing the above-mentioned serious concerns, this could lead to severe 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 67 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Regrets that the Commission decided to interpret recital 88 of Regulation 2019/1896 in a restrictive way only assessing the fundamental rights situation after the status agreement is concluded with a third country: stresses that this prevents to take into account the fundamental rights situation in the negotiations of and the decision to conclude a status agreement; as well as in the consent procedure in the European Parliament.
Amendment 70 #
Motion for a resolution
Paragraph 3 – introductory part
Paragraph 3 – introductory part
3. Strongly urges the Commission and the Agency tohould negotiations for a status agreement continue despite the mentioned serious fundamental rights concerns, strongly urges the Commission and the Agency to adopt urgently the following measures without delay:
Amendment 98 #
Motion for a resolution
Paragraph 3 – point 3.1 – point e a (new)
Paragraph 3 – point 3.1 – point e a (new)
ea. Make this impact asessment publicly available and keep the European Parliament fully and regularly informed of all steps of the negotiations.
Amendment 103 #
Motion for a resolution
Paragraph 3 – point 3.1 – point e b (new)
Paragraph 3 – point 3.1 – point e b (new)
eb. Keep the European Parliament fully and regularly informed of all steps of the negotiations;
Amendment 110 #
Motion for a resolution
Paragraph 3 – point 3.2 – point a a (new)
Paragraph 3 – point 3.2 – point a a (new)
aa. Keep the Frontex consultative forum on fundamental rights fully informed of the negotiations with Mauritania and consult with them, including the possible organisation of an on-the-spot visit to Mauritania in coordination with the FRO;.
Amendment 113 #
Motion for a resolution
Paragraph 3 – point 3.2 – point a b (new)
Paragraph 3 – point 3.2 – point a b (new)
ab. enable non-governmental actors, from third countries, where Frontex is active or plans to be active, to apply for Membership in the Frontex Consultative Forum, in light of the increased presence of Frontex in third countries.
Amendment 115 #
Motion for a resolution
Paragraph 3 – point 3.2 – point b – point i
Paragraph 3 – point 3.2 – point b – point i
i. enshrine a formal mechanism for persons (in)directly affected by the actions or failure to act, or any party representing such persons, or acting in the public interest, including third country nationals or NGOs in third countries, to address complaints to the Agency about actions of deployed staff in the third country, and includeing clear provisions on the follow-up and tools of enforcement after complaints are lodged;
Amendment 142 #
Motion for a resolution
Paragraph 3 – point 3.2 – point e
Paragraph 3 – point 3.2 – point e
e. provide fundamental rights training to the authorities as a core component of executive operations in third countries, including with regard to SAR obligations, and work on the improvement of the asylum system;
Amendment 146 #
Motion for a resolution
Paragraph 3 – point 3.2 – point e a (new)
Paragraph 3 – point 3.2 – point e a (new)
ea. Make any material support to the border authorities of a third country conditional upon full respect for fundamental rights, transparency towards NGOs in third countries and ensure monitoring to be in place;
Amendment 154 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Instructs its President to forward this recommendation to the Council, the Commission, the European Border and Coast Guard Agency, its Fundamental Right Officer and to the Government of Mauritania.