Activities of Marie-Christine VERGIAT related to 2015/2095(INI)
Plenary speeches (1)
The situation in the Mediterranean and the need for a holistic EU approach to migration (A8-0066/2016 - Roberta Metsola, Kashetu Kyenge) FR
Amendments (123)
Amendment 5 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Fundamental Right's Agency (FRA) 2015 study "Guardianship systems for children deprived of parental care in the European Union",
Amendment 6 #
Draft opinion
Paragraph 1
Paragraph 1
1. HCondemns the fact that the EU and its Member States are failing to come up with an adequate response to the global humanitarian crisis; emphasises the need for a radical and immediate change in approach; highlights the need for a holistic EU approach to migration, based on solidarity and the upholding of human rights, which ensures coherence between its internal and external policies;
Amendment 6 #
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to the Fundamental Right's Agency (FRA) 2014 report "Criminalisation of migrants in an irregular situation and of persons engaging with them",
Amendment 7 #
Motion for a resolution
Citation 1 c (new)
Citation 1 c (new)
- having regard to the Commissioner for Human Rights at the Council of Europe's issue paper "the right to leave a country",
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 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 11 #
Motion for a resolution
Citation 1 g (new)
Citation 1 g (new)
- having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence,
Amendment 12 #
Motion for a resolution
Citation 1 h (new)
Citation 1 h (new)
- Having regard to the IOM Missing Migrants Project,
Amendment 13 #
Motion for a resolution
Citation 1 i (new)
Citation 1 i (new)
- Having regard to the EU Global Approach to Resilience (2012),
Amendment 14 #
Motion for a resolution
Citation 1 j (new)
Citation 1 j (new)
- Having regard to the Action Plan for Resilience in Crisis Prone Countries 2013-2020,
Amendment 15 #
Motion for a resolution
Citation 1 k (new)
Citation 1 k (new)
- Having regard to the Commission Communication on Maximising the Development Impact of Migration in Development Cooperation (2013),
Amendment 16 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that regional instability and persistent conflicts are giving rise to a humanitarian crisis which is unprecedented in modern history and which led to the displacement of 60 million persons in 2014; points out that every day in 2014 some 42 500 persons became refugees, asylum seekers or internally displaced persons and that these displacements occurred in developing countries;
Amendment 16 #
Motion for a resolution
Citation 1 l (new)
Citation 1 l (new)
- Having regard to the DEVCO-ECHO Issues Paper: 'Development, Refugees and IDPs' (2014),
Amendment 17 #
Motion for a resolution
Citation 1 m (new)
Citation 1 m (new)
- Having regard to the Joint Communication 'Addressing the Refugee Crisis in Europe: The Role of EU External Action' JOIN(2015) 40 final,
Amendment 26 #
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the persistent instability and conflicts in the EU’s neighbourhood have a serious impact on the mass influx of migrantsn impact on the number of migrants and displaced persons; points out that the EU and its Member States bear some measure of responsibility for the instability affecting some countries, partly as a result of the neoliberal economic policies implemented at global level; believes that a genuine response to the migratiohumanitarian crisis in the Mediterranean will come only from tackling the root causes, namely poverty, instability, wars, persecution, violations of human rights and natural disasters;
Amendment 59 #
Draft opinion
Paragraph 3
Paragraph 3
3. Advocates broader and intensified EU cooperation with third countries of origin and transit, through bilateral agreements, in order to clamp down on smuggling and trafficking networks, to ensure capacity building in the fields of asylum systemsCondemns, in that connection, the emergence and consolidation of a policy of outsourcing the EU’s security-based migration policies to third countries; urges the EU and the Member States to put respect for the rights of migrants at the heart of any bilateral or multilateral cooperation agreement with non-EU countries, including mobility partnerships and technical cooperation agreements; expresses concern, in that connection, that the broadening and strengthening of EU cooperation with third countries of origin and transit, through bilateral agreements, remains focused as a matter of priority on combating smuggling and trafficking networks, on monitoring borders and on returning refugees to third countries of transit and border control, to provide protection for people in need, to develop frameworks for regular migration and mobility, and to put into force a humane and effective return policy for irregular migrants; igin, rather than on expanding massively the capacity for granting asylum and offering protection to persons in distress and creating new, legal migration and mobility channels for persons wishing to enter EU territory;
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 78 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls, in that connection, for the immediate suspension of cooperation with third countries in the area of border monitoring which are intended to prevent migrants and refugees from seeking refuge in the EU; condemns, in that connection, the decision by the Justice and Home Affairs (JHA) Council of 12 March 2015 to outsource search-and rescue operations at sea and the monitoring of the EU's borders with third countries such as Egypt and Tunisia with the aim of intercepting refugees and returning them to the African shore of the Mediterranean and the Council's decision to speed up procedures for returning refugees to third countries of origin and transit, thus jeopardising the right to a fair assessment of applications for international protection; points out that no country in the world can as a matter of principle be regarded as safe and that every person who seeks asylum must have his or her application assessed individually;
Amendment 82 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Condemns the fact that negotiations on readmission agreements are becoming more and more common; calls for the current readmission agreements to be suspended and for the negotiations on new readmission agreements also to be suspended until the assessment of those agreements has been concluded; calls on the Commission to take practical steps to follow up its 2011 report in which it criticised the EU’s readmission agreements and arrangements with third countries; condemns the fact that the conclusion of visa liberalisation or partnership agreements with non-EU countries is increasingly often tied to the conclusion of a readmission agreement;
Amendment 83 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls for negotiations to be halted on all types of agreements with third countries which do not guarantee the protection of refugees and respect for fundamental rights, i.e. with countries such as Eritrea, Sudan, Somalia, Ethiopia and Egypt, from where refugees are fleeing, and for the Khartoum and Rabat processes to be suspended; calls, further, for the suspension of all financial aid to the Egyptian and Eritrean regimes, in the light of the reports by the UN and NGOs on human rights abuses in those countries;
Amendment 84 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on key origin and transit countries for irregular migration to the EU to implement the existing bilateral readmission agreements fully and effectively; highlights, furthermore, the need to improve cross-border cooperation with neighbouring EU Member States in this respect, including through enhanced operational and technical cooperation with FRONTEX; believes, at the same time, that the EU should establish a binding resettlement programme with yearly quotas and a permanent mandatory and automatically triggered relocation system across the EUPoints out that, according to UNHCR estimates, Syria’s neighbouring States have taken in some 4 million Syrian refugees; points out that the EU Member States have taken only 37 000 Syrian refugees via the UNHCR resettlement programme, while the UNHCR is calling for 10% (370 000) of Syrian refugees to be resettled and is urgently looking for at least 130 000 resettlement places for refugees with special protection needs; points out that the scope for people in need of protection to legally enter the EU is very limited, while estimates suggest that 90% of asylum seekers entered the EU illegally; points out that the number of Schengen visas issued to Syrian nationals dropped dramatically during the Syrian war, from 30 000 in 2010 to virtually none in 2013; welcomes the JHA Council’s decision of 20 July 2015 to make an additional 20 000 resettlement places available, and emphasises the need to implement an ambitious and binding resettlement programme with yearly quotas and a permanent mandatory and automatically triggered relocation system across the EU so as to enable the Member States, and in particular those which have not yet contributed, to play a greater part in the resettlement programmes;
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 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 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 98 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses concern at the repeated attempts by the EU and its Member States to outsource to third countries the work of processing asylum applications; expresses particular concern at the proposals to set up refugee camps in north Africa and in Niger and the scope for dealing properly with asylum applications in those camps; emphasises that any policy in this area must be conducted in partnership with the UNHCR; calls for an assessment of the conformity of these proposals with international law, in particular the Geneva Convention, and of the other practical and legal obstacles to their implementation; emphasises the need to make arrangements so that humanitarian visas can be issued immediately to asylum seekers and refugees in the embassies and consulates of the Member States; condemns, moreover, the lack of any proposals to guarantee safe and legal access to the EU for asylum seekers and economic migrants, and calls for ambitious proposals in this area;
Amendment 103 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Emphasises that the lack of safe and legal channels for access to the EU and its Member States and the erection of walls, barriers and fences in order to fortify fortress Europe are encouraging human trafficking, a criminal and dangerous activity; condemns, in that connection, the Council’s decision to focus all efforts, including military efforts, on measures to combat traffickers and destroy their vessels along the coasts of Libya and other north African countries;
Amendment 108 #
Motion for a resolution
Recital H
Recital H
H. whereas the fight against migrant smuggling, trafficking and labour exploitation necessitates both short, medium and long- term responses, including measures to ensure assistance, protection and access to justice and redress for victims, disrupt criminal networks and to bring criminals to justice, the gathering and analysis of data, measures to protect victims and to return irregularly staying migrants, as well asas well as right-based cooperation with third countries and longer-term strategies to address the demand for trafficked and smuggled persons and whereas the lack of safe and regular channels are the root causes of perilous migration which, forceing people into the hands of criminal smugglers;
Amendment 113 #
Draft opinion
Paragraph 5
Paragraph 5
5. WelcomCriticises the launch of the EUNAVFOR Med operation against smugglers and traffickers in the Mediterranean and supports the reinforcement of the management of the Uninsists on the need for sustained, coordinated search and rescue operation’s external borders; insists, however, on the need for sustained, coordinatedin the Mediterranean to save lives; calls on the EU and the Member States to provide the resources required so that search -and- rescue operations in the Mediterranean to save lives and for an EU policy on asylum, subsidiary protection and temporary protectioncan be properly carried out; calls for a permanent humanitarian European rescue operation, which, like Mare Nostrum, would operate on the high seas and to which all Member States would contribute financially and with equipment and resources; urges the EU to co-fund such an operation and to implement a European asylum policy which fully complyies with binding obligations under the Geneva Convention and the European Convention on Human Rights and respects the non- refoulement principle; calls for the rapid and full transposition and effective implementation of the Common European Asylum System by all participating Member States, thereby guaranteeing common European standards, including reception conditions for asylum seekers and respect for fundamental rights, as envisaged under existing legislation;
Amendment 117 #
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas EU legislation on the fight against smuggling leaves a high degree of legislative ambiguity and legal uncertainty with regards to search and rescue obligations for States and shipmasters derived from international law
Amendment 118 #
Motion for a resolution
Recital H c (new)
Recital H c (new)
H c. whereas, according to Europol, at least 10,000 unaccompanied and separated children (UASC) seeking asylum have disappeared after arriving in Europe and are feared to have fallen into the hands of organised trafficking and criminal organisations.
Amendment 119 #
Motion for a resolution
Recital H d (new)
Recital H d (new)
H d. whereas guardians are a key element of a protection system for children who are temporarily or permanently deprived of their family environment and cannot have their interests represented by their parents; whereas there are great disparities between the types of guardianship provided to children in and within EU Member States.
Amendment 132 #
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that development assistance plays a crucial role in tackling the root causes of migrationEmphasises the need to implement sustainable development policies in order to achieve the UN target of 0.7% of GDP and to step up EU support for civil society organisations and local authorities at all levels; stresses the need for continuous EU support to international efforts towards poverty reduction, as well as to peace- building, promotion of democracy, human rights and fundamental freedoms, regional, political and economic stability, security and prosperity.
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 162 #
Motion for a resolution
Recital P
Recital P
P. whereas the EU has intensified its external cooperation with third countries in migration and asylum to respond adequately to the current refugee crisis, and has launched new cooperation initiatives such as the EU- Turkey Joint Action Plan, the commitments taken on the Western Balkans Routes and the Aaction Plan adopted at the Valetta sSummit;
Amendment 173 #
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas the European Commission and EEAS's New Action Plan on Human Rights and Democracy (2015-2019) underlines that the task of EU diplomacy is to "enhance human rights safeguards in all migration and mobility dialogues and cooperation frameworks with third countries, as well as migration-related agreements, processes and programs, including through the analysis of human rights impacts."
Amendment 174 #
Motion for a resolution
Recital P b (new)
Recital P b (new)
P b. whereas climate change is one of the root causes for migration and the numbers will continue to increase due to an increasing unstable climate; definitions of "climate refugee" are still not classified as legal categorisations, neither are they protected under Geneva Convention.
Amendment 186 #
Motion for a resolution
Recital R
Recital R
R. whereas the current EU approach to labour migration is fragmented, with numerous and imbalanced, with several different directives focusing on specific categories of workers and of third-country nationals workers who are, under certain conditions, allowed to work; and whereas this approach can only serve to meet short- term, specific need for the most part only in high-skilled positions; and whereas this approach fails to address labour market needs in the EU, tackle the causes of labour exploitation, or reduce the vulnerability of migrant workers;
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 210 #
Motion for a resolution
Recital V
Recital V
V. whereas the current mechanisms of the Dublin system have failed to bestablish objective, to establish and fair criteria for allocating responsibility for applications for international protection and to provide swift access to protection; whereas the system is not being applied in practice, and explicit derogations have been adopted with two Council decisions on temporary relocation; and whereas the Commission has announced a proposal for a proper revision of the Dublin III Regulation by March 2016;
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 228 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Suggests that the Member States should start to systematically collect and make publicly available data on border deaths and, as far as possible, on missing persons; With a view to increase the chances of identification for deceased migrants, further suggests the establishment of common standards regarding the management of border deaths, and calls for a strengthened cooperation with bodies that are already active in this field, such as the International Committee of the Red Cross
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 264 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that private shipmasters or non-governmental organisations (NGOs) who genuinely assist persons in distress at sea should not risk punishment for providing such assistance; believes that merchant shipping should not provide an option in lieu of Member States and the Union fulfilling their obligations in terms of search and rescue;
Amendment 305 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Condemns the NATO intervention in the Aegean whose main aim is to "stem the flow" of refugees and migrants arriving in Europe; recalls that European governments support to such operation is a de-facto refoulement in violation of international law.
Amendment 325 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Deems it necessary to harmonise and strengthen the guardianship system in EU Member States to prevent unaccompanied and separated children from falling into the hands of organised trafficking organisations; calls the Commission to fully implement the action plan on unaccompanied minors for 2010- 2014 and to propose specific tools in collaboration with Member States to introduce minimum common standards based on best practices regarding the mandate, functions, quality and skills of the guardians.
Amendment 326 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Calls for the adoption of a uniform procedure for the age assessment of unaccompanied and separated minors (UASC); this procedure shall always begin using non-invasive methods such as analysing documentation and other evidence that the child may receive from his or her country of origin and providing for interviews to be conducted in a safe and appropriate environment for the child 's age and needs, by qualified and independent personnel; more tests through assessments of the psycho-social and/or physical development of the child should be carried out only as a last resort and if reasonable doubt remains after the non-invasive procedure has taken place;
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 374 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that the establishment of urgent relocation measures is a move in the right direction, and; however, taking into account the very moderate results achieved so far, calls on Member States to fulfil their obligations with regard to those measures as soon as possible; believes that the swift registration and processing of eligible applicants is key to the effectiveness of the relocation mechanism; underlines therefore the need for additional registration and processing capacity as well as better coordination between all actors involved in the process; notes that preferences expressed by Member States and delays in acceptance can limit the effectiveness of the relocation plan and calls on Member States to remove these obstacles;
Amendment 379 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on Member States to further increase relocation pledges and step up processing capacities, including through EASO support, to ensure that a significantly higher number of applicants for relocation can be processed and transferred without delay; points out the need to provide applicants for relocation with petty cash as well, social worker assistance and regular information about relocation process during their waiting period in addition to food and housing;
Amendment 426 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically possible,as well as other genuine links with a Member State should be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop thecooperate with relocation procesdecisions;
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 438 #
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Applicants for international protection should have the right to play an active role in the procedure for their relocation to a Member State, in compliance with Articles 4 and 5 of the Dublin Regulation. They should therefore be informed as soon as possible on their rights and on the procedure for international protection as well as on the possibility to be relocated in another Member State. Applicants should then have the possibility to list, during their personal interview, their preferences for the State of relocation and the reasons for these preferences (due to genuine links to that Member State). These elements should be duly taken into account when deciding the State of relocation of the applicant.
Amendment 439 #
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Believes any applicant appealing against a relocation procedure should have the possibility to explain why they would rather remain in the Member State of first entry or why they should be relocated to another Member State because of their specific qualifications and characteristics such as their language skills and other individual indications based on demonstrated family, cultural or social ties which could facilitate their integration into the Member State of relocation;
Amendment 448 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Observes, furthermore,Further observes that, resettlement through the auspices of UNHCR is a well-establishedcrucial humanitarian programme, and is a usefulthe main tool forto managinge orderly arrivals of persons in need of international protection onto Member State territories;
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 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 529 #
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 533 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls on the Member States and the Commission to take the necessary measures to provide information and ensure transparency concerning the detention of migrants and asylum-seekers in numerous Member States, and urges the Commission to propose a revision of Regulation 862/2007 so that it will include gender-differentiated statistical data on the operation of detention facilities; this revision should also require collection of gender-disaggregated data at registration sites and in first-line and long-term reception facilities, as well as data on vulnerable groups such as but not limited to LGBTI persons or with disabilities, in order to improve understanding of and response to the specific needs of refugees and asylum-seekers;
Amendment 534 #
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Stresses the importance of democratic control of all forms of deprivation of liberty pursuant to the laws on immigration and asylum; calls on Members of the European Parliament and of national parliaments to pay regular visits to reception and detention centres for migrants and asylum-seekers and calls on the Member States and the Commission to facilitate access to these centres for NGOs and journalists;
Amendment 536 #
Motion for a resolution
Paragraph 29 d (new)
Paragraph 29 d (new)
29d. Following the consolidated jurisprudence of the ECtHR, considers that the detention of vulnerable groups as defined in Article 21 of Directive 2013/33/EU should be forbidden and these individuals placed in open facilities tailored to handle their needs;
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 540 #
Motion for a resolution
Paragraph 29 h (new)
Paragraph 29 h (new)
29h. Deems it necessary to allow beneficiaries of international protection benefit from reception conditions and support in entering the labour market for a reasonable duration after the recognition of their status;
Amendment 541 #
Motion for a resolution
Paragraph 29 i (new)
Paragraph 29 i (new)
29i. Condemns any attempt to send back asylum-seekers to "safe third countries" as proposed by the Dutch presidency and the European Commission in its Communication of 10.02.2016; recalls such measures would be in violation of the right to international protection enshrined in the Geneva Convention;
Amendment 569 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends that the criteria on which the Relocation Decisions are based should be built directly into the Union’s standard rules for allocating responsibility; eEmphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘not to limit its scope to 'applicants in clear need of international protection’', since those migrants and refugees who do not fall into that category would still – at least under the current system – have to be dealt with by the Member State of first arrival;
Amendment 597 #
Motion for a resolution
Paragraph 35
Paragraph 35
35. Points out that one option for a fundamental overhaul of the Dublin system would be to establish a central collection of applications at Union level – viewing each asylum seeker as someone seeking asylum in the Union as a whole and not in an individual Member State – and to establish a central system for the allocation of responsibility for any persons seeking asylum in the Union; suggests that such a system could provide for certain relative thresholds per Member State, above which no further allocation of responsibility could be made until all other Member States have met their own thresholds, which could conceivably help in deterring secondary movements, as all Member States would be fully involved in the centralised system and no longer have individual responsibility for allocation of applicants to other Member States; believes that such a system could function on the basis of a number of Union ‘hotspots’the Member State's individual reception facilities from where Union distribution should take place; underlines that any new system for allocation of responsibility must incorporate and render effective the key concepts of extended family unity and the best interests of the child;
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 608 #
Motion for a resolution
Paragraph 35 f (new)
Paragraph 35 f (new)
35f. Notes that as long as asylum seekers will not be able to influence the decision concerning the Member State in which they can submit their application, the only thing that could deter secondary movement is to offer them the prospect of mobility throughout the EU.
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 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 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 737 #
Motion for a resolution
Paragraph 48
Paragraph 48
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 812 #
Motion for a resolution
Paragraph 53
Paragraph 53
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 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 868 #
Motion for a resolution
Paragraph 61
Paragraph 61
61. Understands thatNotes the recently proposed European Border and Coast Guard is intended to replace Frontex and is meant to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguard; Warns against the short-term vision of a closed EU Community as sole guarantee of internal free movement of persons. Reminds that the demographic decline of the EU as a whole will require very soon, or at least ing the free movement of persons thereinmedium term, an open policy of external borders;
Amendment 881 #
Motion for a resolution
Paragraph 62 a (new)
Paragraph 62 a (new)
62 a. Recalls that the European Ombudsman and various NGOs have highlighted the problematic aspect of the respect of human rights of migrants in relation with the operations carried out by Frontex; insists, therefore, that the management of the external borders of the Union has to comply with the relevant and binding international and European provisions in terms of respect of fundamental rights, non refoulement and the provisions of the asylum acquis;
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 884 #
Motion for a resolution
Paragraph 63
Paragraph 63
63. Recalls that, since the establishment of the Schengen Area, the Union is an area without internal borders, that the Schengen Member States have developed a step- by- step common policy towards the Schengen external borders, and that the inherent logic of such a system has always been that the abolishment of internal border controls has to go hand in hand with compensatory measures strengthening the external borders of the Schengen Area and the sharing of information through the Schengen Information System (‘SIS’);
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 911 #
Motion for a resolution
Paragraph 67 a (new)
Paragraph 67 a (new)
67 a. Recognises that all people are entitled to enjoy their human rights, without discrimination, including on the basis of residence status, nationality and religion; and in this context recalls the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders and Frontex Fundamental Rights Strategy, both of which outline measures to comply with fundamental rights for all migrants and reiterate that respect and promotion of fundamental rights are unconditional and integral components of effective integrated border management;
Amendment 913 #
Motion for a resolution
Paragraph 68
Paragraph 68
Amendment 919 #
Motion for a resolution
Paragraph 69
Paragraph 69
Amendment 932 #
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70 a. Expresses concern over various reports on the violation of EU procedural rights and reception conditions within the recently opened hotspots in Italy and Greece and underlines the need to draw lessons from the current practice, in order to ameliorate their functioning and sustain them financially;
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 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 991 #
Motion for a resolution
Paragraph 79 b (new)
Paragraph 79 b (new)
79b. Invites all Member States to ratify the Council of Europe Convention on Action against Trafficking in Human Beings;
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 1001 #
Motion for a resolution
Paragraph 80 c (new)
Paragraph 80 c (new)
80c. Shares the assessment of the Commissioner for Human Rights at the Council of Europe as expressed in the issue paper "the right to leave a country" that the right to leave a State belongs not only to citizens but also to foreigners. States are not entitled to place obstacles in the way of foreigners leaving their countries irrespective of where the foreigners seek to go;
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 1019 #
Motion for a resolution
Paragraph 84
Paragraph 84
84. Recommends thatalls that the promotion of a pluralistic democracy and the consolidation of the rule of law are among the objectives of the European Union in all forms of cooperation with third countries, involves assessing those countries’ asylum systems, their support for refugees, and their ability and willingness to tackle human trafficking and criminal smuggling into and through those countricluding development cooperation, without resorting to military interventions; believes therefore that the Union and its Member States must be selective as to avoid the granting of European funds for the control and management of migration flows to countries that have a non-democratic legal system and in which there are well documented and extended cases of violation of fundamental rights both to citizens and migrants in their territory reported by international sources;
Amendment 1034 #
Motion for a resolution
Paragraph 86
Paragraph 86
86. Recalls that the Union has intensified its external cooperation with third countries in migration and asylum in order to respond adequately to the current refugee crisis, and has launched new cooperation initiatives, such as the EU- Turkey Joint Action Plan; emphasises, in that respect, the need for all parties to fulfil their commitments deriving from the Joint Action Plan, including addressing the root causes leading to the massive influx of Syrians, stepping up cooperation for the support of Syrians under temporary protection and their host communities in Turkey, and for Turkey to fulfil its commitments to prevent irregular migration flows from its territory to the UnionTurkey to fully respect the human rights of refugees and its own citizens, and calls for a suspension of the action plan and any financial assistance until this is not complied with;
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 1042 #
Motion for a resolution
Paragraph 86 b (new)
Paragraph 86 b (new)
86b. Condemns Turkey's assault against the Kurdish population –inside and outside Turkey - and the widespread reports of violation of migrant and asylum rights, including of the non-refoulement principle, within its territory;
Amendment 1043 #
Motion for a resolution
Paragraph 86 c (new)
Paragraph 86 c (new)
86c. Highlights the need to incorporate effective monitoring mechanisms and accountability measures in all migration management cooperation agreements with third countries. These should ensure that the human rights principles referred to in EU political and legal instruments will be duly complied with at all times of the migratory process and guarantee that the human rights of migrants and refugees, are respected and protected in third countries;
Amendment 1055 #
Motion for a resolution
Paragraph 88
Paragraph 88
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 1086 #
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long -term, much greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as – war, poverty, corruption, dictatorial regimes, climate change and natural disasters, ethnic cleansing, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe looks at how to help re-build those countries; points out that this and avoid military interventions which have already demonstrated their capacity to create chaos in foreign States and Regions; Points out that means that the Commission and the Member States must put up the money to help build capacity in third countries,; such as by facilitating investment and education,; strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there; ;
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 1105 #
Motion for a resolution
Paragraph 94
Paragraph 94
94. Welcomes the recently established Emergency Trust Fund for Africa and the EUR 1.8 billion pledged to the fund, which has added an additional element to third-country funding; callCalls the European Commission to provide the European Parliament with regular and detailed information about the spending and allocation of projects oin the Member States to continue contributing to the fund;framework of the Emergency Trust Fund for Africa.
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 1125 #
Motion for a resolution
Paragraph 97
Paragraph 97
97. Is of the opinion that such a comprehensive overview of Union funding related to migration, both within and outside the Union must be provided, as the absence of such an overview is a clear obstacle to transparency and sound policymaking; notes, in that regard, that one possible option could be a website comprising a database of all Union funded projects related to migration policyinternal and external migration policies, including those concerning the management of borders; underlines that the need for transparency also extends to budget lines in order to ensure adequate funding for all objectives of Union migration policy;
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 1194 #
Motion for a resolution
Paragraph 111
Paragraph 111
111. Takes the view that, in the medium and long run, the Union will need to establish more general rules governing the entry and residence for those third-country nationals seeking employment in the Union to fill the gaps identified in the Union labour market, ensure equality in working conditions and social protection, and address restrictions in current labour migration and work permit schemes that tie workers to unscrupulous employers and result in exploitation and loss of status;
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 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;