19 Amendments of Lena DÜPONT related to 2023/2087(INI)
Amendment 5 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 13 #
Motion for a resolution
Recital C
Recital C
C. whereas according to Regulation 2019/1896, cooperation with third countries is an important element of European integrated border management and it should serve to promote European border management and return standards, to exchange information and risk analysis, and to facilitate the implementation of returns with a view to increasing their efficiency,1c whereas in which the Commission recommends that the Council authorise it to negotiate a status agreement, it should asses the fundamental rights situation relevant to the areas covered by the status agreement; whereas such an assessment has not been performed yet; _________________ 1c Recital 87 of Regulation (EU) 2019/1896
Amendment 14 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. 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 it establishes a framework for the cooperation between the Agency and its teams on the one hand and the competent authorities of the third country concerned on the other and it should therefore be considered as an umbrella under which several actions could be carried out; whereas it should set out among others the scope of operation, criminal and civil liability, tasks and powers of members of the team ; whereas it shall ensure that fundamental rights are fully respected during those operations and shall provide for a complaints mechanism;1ca _________________ 1ca Article 73 of Regulation (EU) 2019/1896
Amendment 21 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas Mauritania is primarily a transit and destination country for migration from other West African countries (Senegal, Mali, Guinea, and Guinea Bissau); whereas in last two years there has been a substantial increase in a number of people travelling along the Mauritanian coast to take the Canary Islands migration route; whereas according to the Spanish Commission for Refugee Aid (“CEAR”) route through Mauritania is one of the deadliest in the world, and 2021 marked the highest number of deaths and missing people since data is available; whereas according to the Spanish Ministry of Interior the collaboration that the authorities provide to the detachments of the National Police and the Civil Guard deployed in the area prevent 40 percent of the departures of irregular immigrants to the Canary Islands at the source;
Amendment 30 #
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 whossigned the 1951 Convention relating to the Status of Refugees, its 1967 Protocol and the 1969 OAU Refugee Convention; whereas despite remarkable progress which has been made in migration and asylum legislation Mauritania has no asylum law in place; whereas in the absence of such system UNHCR conducts registration and mandate refugee status determination (RSD) and other protection activities on the cbaseis have not been assessed by the UNHCRof a Memorandum of Understanding with the authorities; 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 44 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas the Mauritanian authorities are receiving bilateral border management support from the Spanish authorities since 2006 in an advisory capacity only, including through the physical deployment of the Guardia civil and Spanish Gendarmerie; whereas Frontex would be the first non- Mauritanian actor where its deployed team members would allow for exercising executive powers at the border of the country as agreed in a dedicated operational plan;
Amendment 49 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Expresses its deep concern about the situation of fundamental rights in Mauritania, particularespecially for migrants and refugees, and considers that the deployment of Frontex executive powers in Mauritania entails a high rpossible conclusion of a Status Agreement between the EU and Mauritania providing for the exerciske of becoming complicit in serious and most likely persistentexecutive powers would entail a high risk of violations of fundamental rights or international protection obligations that are of a serious nature and are likely to persist;
Amendment 66 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that iprovisions of the Model Status Agreement falls short tof addressing the above-mentioned concerns, this and could lead to accountability gaps, in the event of fundamental rights violations being committed either by the third country’'s authorities and/or by Frontex’s deployed personnel; ;2a _________________ 2a As the focus is on “accountability gaps”, this point should be specifically addressed to the relevant Mauritanian authorities. In line with the EBCG Regulation, Frontex has in place specific fundamental rights tools that would allow for possible fundamental rights violations committed by its deployed team members to be addressed without undue delay.
Amendment 76 #
Motion for a resolution
Paragraph 3 – point 3.1 – point a a (new)
Paragraph 3 – point 3.1 – point a a (new)
aa. Refrain from including specific provisions allowing for the agreement to be provisionally applied before the European Parliament assesses whether to give its consent to the agreement.
Amendment 79 #
Motion for a resolution
Paragraph 3 – point 3.1 – point b
Paragraph 3 – point 3.1 – point b
Amendment 84 #
Motion for a resolution
Paragraph 3 – point 3.1 – point c
Paragraph 3 – point 3.1 – point c
c. enshrine sufficient internal and external mechanisms for non-EU individuals to direct complaints towards the Agency, in line with the recommendations of the EU Ombudsman; Ensure with necessary provisions that the relevant Mauritanian authorities set up an independent and effective complaints mechanism in accordance with the complaints mechanism as established by Frontex in line with Article 111 of Regulation 2019/1896. Asks the Agency to continue pursuing the development of its complaints mechanism, including in light of the recommendations of the European Ombudsman;3ca _________________ 3ca As the Agency already has set up an independent and effective complaints mechanism, it is important to highlight that the relevant Mauritanian authorities should do the same. Frontex should also continue its work to further develop its complaints mechanism.
Amendment 92 #
Motion for a resolution
Paragraph 3 – point 3.1 – point e
Paragraph 3 – point 3.1 – point e
e. Similar to the Frontex Fundamental Rights Officer’s fundamental rights assessment prior to the launching of any Joint Operation on the territory of a third country, 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 the potential cooperation and to negotiate on the necessary safeguards; 3e _________________ 3e The proposed amendment highlights the good practice established by Frontex and its independent Fundamental Rights Officer prior to launch of any Joint Operation on the territory of a third country.
Amendment 96 #
Motion for a resolution
Paragraph 3 – point 3.1 – point e a (new)
Paragraph 3 – point 3.1 – point e a (new)
Amendment 106 #
Motion for a resolution
Paragraph 3 – point 3.2 – point a
Paragraph 3 – point 3.2 – point a
a. formalise the role of the Fundamental Rights Officer (FRO) when deciding whetheContinue to actively consult the FRO prior to the launch aing of any joint operation ion the territory of a third country covered by the Status Agreement, and treat the FRO’s opinion as binding; in line with the requirements of the EBCG Regulation;32a _________________ 32a Frontex already consults with the FRO prior to the launch of any joint operation on the territory of a third country. In addition, it is important that this INI report is in line with the requirements and obligations set on Frontex by the EBCG Regulation.
Amendment 116 #
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 or acting in the public interest, including third country nationals, to address complaints to the Agency about actions ofInclude specific strong provisions on the complaints mechanism, including on how complaints are to be addressed to the Agency or the relevant Mauritanian authorities for actions performed by deployed staff in or host staff of the third country, and includeing clear provisions on the follow-up and tools of enforcement after complaints are lodged; 32b _________________ 32b The proposed amendment keeps the obligation to have strong provisions on the complaints mechanism in the operational plan and widening the scope to both the Agency but also to the relevant Mauritanian authorities in line with the Model Status Agreement.
Amendment 126 #
Motion for a resolution
Paragraph 3 – point 3.2 – point b – point ii
Paragraph 3 – point 3.2 – point b – point ii
ii. ensure aPursue Frontex presence in critical areas where the apprehension of migrants is likely to take place, and envisage giving the FRO and Fundamental Rights Monitors full accesseek full access to the FRO and FRMs to the operational area;
Amendment 131 #
Motion for a resolution
Paragraph 3 – point 3.2 – point c
Paragraph 3 – point 3.2 – point c
Amendment 136 #
Motion for a resolution
Paragraph 3 – point 3.2 – point d
Paragraph 3 – point 3.2 – point d
d. eExplore and establish mechanisms for persons potwhere fundamentially affect rights violations are alleged by the Agency’s action on the territory of the third country to effectively seek remedy through external bodies, such as the Ombudsman, the Court of Justice of the European Union or a different entity; independent actors, such as the Fundamental Rights Officer;32d _________________ 32d he proposed amendment proposes the FRO to take the role of independent actor in case of fundamental rights violations by the Agency, who could then indicate other independent actors for further handling should this be relevant.
Amendment 143 #
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 workIn parallel to the implementation of the Status Agreement, Frontex is to provide fundamental rights training to the relevant Mauritanian authorities, including with regard to SAR obligations;32e _________________ 32e A Status Agreement only serves as the legal basis for Frontex to launch a Joint Operation with executive powers on the territory of a third country, as agreed with the third country concerned. Frontex is able to conduct capacity building activities, within its mandate (thus not on the improvement of the asylum system; ), based on other cooperation tools.