2017/2270(INL) | [ParlTrack]

Draft opinion
Citation 1 a (new)

1a. having regard to Article 51 of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code);

Amendment 10 #

Draft opinion
Recital A a (new)

Aa. whereas the UNHCR Guidelines on Gender-Related Persecution (2002) consider that the refugee definition should cover gender-related claims and urges asylum-grantors to adopt a “gender-sensitive interpretation” of the grounds of protection and ensure a non- discriminatory process;

Amendment 11 #

Draft opinion
Recital A b (new)

Ab. whereas according to the International Organisation for Migration (IOM) statistics, since 2014 more than 15 thousand migrants have lost their lives or gone missing on the way to Europe in the Mediterranean; and whereas the Central Mediterranean remained the most deadly route with nearly two deaths for every 100 travellers in 2015, which is unacceptable;

Amendment 12 #

Draft opinion
Recital A b (new)

Ab. whereas humanitarian visas should be regarded as a legal instrument for those whose lives are threatened and not as a regular instrument of the EU´s immigration policy;

Amendment 13 #

Draft opinion
Recital A c (new)

Ac. whereas the Istanbul Convention, in particular its Article 60, requires the parties to take necessary legislative or other measures to ensure that gender- based violence against women may be recognized as a form of persecution and to ensure that the grounds for asylum listed in the 1951 Refugee Convention are interpreted in a gender-sensitive manner;

Amendment 14 #

Draft opinion
Recital B

B. whereas the need for safe and legal pathways to the Union are pressing, also from a gender perspective, and whereas humanitarian visas can be complementary, although not replacing, other safe pathways such as resettlement and humanitarian admissioit is vital that more effective measures to manage the EU’s external borders be taken quickly in order to reduce trafficking in human beings, in particular the sex trafficking of women and children, and to cut off funding for terrorist or organised crime groups operating on the other side of the Mediterranean;

Amendment 15 #

Draft opinion
Recital B

B. wWhereas there is an urgent need for safe and legal pathways to the Union ~~are pressing, also from a gender perspective~~that are strictly regulated under Member State law, and at the same time for conditions to be improved in refugee reception centres and for access to healthcare and children’s education to be provided, and whereas humanitarian visas can ~~be complementary, al~~, where justified, facilitate, though not replac~~ing~~e, other safe pathways such as resettlement and humanitarian admission; particular attention needs to be given to women and children, who are often left without support or assistance in conflict zones;

Amendment 16 #

Draft opinion
Recital C

C. whereas ~~the current lack of a possibility to request protection on humanitarian grounds outside of the Union m~~in France alone the number of visas issued for humanitarian reasons rose by 35%1a in 2017; whereans ~~that persons seeking asylum are forced to enter Europe in an irregular manner thereby risking their lives and health, with particular and gendered consequences for women, girls and LGBTI persons;~~it is up to the Member States to decide whether or not to grant visas from their diplomatic representations (consulates and embassies) in foreign countries; __________________ 1a https://www.lemonde.fr/immigration-et- diversite/article/2018/01/16/immigration- les-expulsions-des-etrangers-en-situation- irreguliere-ont-augmente-de-14-6-en- 2017_5242278_1654200.html

Amendment 17 #

Draft opinion
Recital C

C. whereas the current lack of a possibility to request protection on humanitarian grounds outside of the Union means that persons seeking asylum are forced to enter Europe in an irregular manner thereby risking their lives and health, with particular and gendered consequences for women, girls and ~~LGBTI persons~~children;

Amendment 18 #

Draft opinion
Recital C

Amendment 19 #

Draft opinion
Recital C

Amendment 2 #

Draft opinion
Citation 1 b (new)

1b. having regard to the judgment of the CJEU in case C-638/16 PPU of 7 March 20172

Amendment 20 #

Draft opinion
Recital C a (new)

Ca. whereas the creation of humanitarian visa will grant vulnerable people and those individuals that face specific challenges such as ill people, people with disabilities, families, women, pregnant women, children, elderly and LGTBI access to asylum procedures and humanitarian protection, travelling in a safe way to Europe where their asylum or humanitarian claim would be processed;

Amendment 21 #

Draft opinion
Recital C a (new)

Ca. whereas women and girls can be subject to specific forms of gender-related persecution and discrimination in the countries of origin, including but not limited to female genital mutilation, forced marriage, domestic violence, rape, sexual violence, and ‘honour crimes’;

Amendment 22 #

Draft opinion
Recital C a (new)

Ca. whereas granting a visa does not solve the problem that many refugees living in reception centres in the European Union, in particular women and children with Christian beliefs, face multiple kinds of violence, including sexual violence;

Amendment 23 #

Draft opinion
Recital C a (new)

Ca. whereas according to the UNHCR in 2017, women comprised from 9 - 22 % of the sea arrivals to Italy, Greece and Spain 1a; the large gender discrepancy is related to women’s specific vulnerability including economic and other dependencies; __________________ 1a https://data2.unhcr.org/en/documents/do wnload/63039

Amendment 24 #

Draft opinion
Recital C b (new)

Cb. whereas criminal groups, smugglers and traffickers take advantage of the lack of safe passage into Europe, and women and girls who are in need of international protection become particularly vulnerable to sexual exploitation and are being forced to survival sex in exchange for continuing their journey, and therefore these women and girls are more exposed to the risk of sexually transmitted diseases, including HIV;

Amendment 25 #

Draft opinion
Recital C b (new)

Cb. whereas women, girls and children face high risks of being raped, suffer from sexual and physical abuse and violence and tend to be more vulnerable to all forms of exploitation including labour exploitation and forced prostitution along the routes to the EU;

Amendment 26 #

Draft opinion
Recital C c (new)

Cc. whereas girls and women victims of gender-based violence who are in need of international protection may be reluctant to identify the true extent of the persecution suffered or feared and therefore, they require a supportive environment that they can be reassured of the confidentiality;

Amendment 27 #

Draft opinion
Paragraph -1 (new)

-1. Emphasises the pressing need of safe and legal pathways to the European union, of which Humanitarian visas should be one; This is important from a gender perspective since women and LGBTI persons are particularly vulnerable and therefore more exposed to sexual and gender-based violence along routes and in reception centres.

Amendment 28 #

Draft opinion
Paragraph 1

1. ~~Emphasizes that oftentimes vulnerable economic and other type of dependence puts women and girls~~ Stresses the need to distinguish economic migrants (persons leaving theird countr~~ies in a situation where it is even more improbable for them then for men to safely seek asylum - according to the UNHCR in 2017, women comprised from 9 - 22 % of the sea ar~~y of origin not because of a direct threat of persecution or death, but in order to improve their materival~~s to Italy, Greece and Spain1; __________________ 1 [1] https://data2.unhcr.org/en/documents/do wnload/63039~~ living conditions) from asylum seekers;

Amendment 29 #

Draft opinion
Paragraph 1

1. Emphasizes that oftentimes vulnerable economic and other type of dependenceies puts women and girls in third countries in a situation where it is even more ~~improbable~~difficult for them thean for men to safely seek asylum ~~- according to the UNHCR in 2017, women comprised from 9 - 22 % of the sea arrivals to Italy, Greece and Spain1 ; __________________ 1 [1] https://data2.unhcr.org/en/documents/do wnload/63039~~;

Amendment 3 #

Draft opinion
Recital A

A. whereas gender is a ground for protection under the 1951 UN Convention 1 https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1414687415278&uri=CELEX:02006R0562-20131126 2 https://curia.europa.eu/jcms/upload/docs/application/pdf/2017-03/cp170024en.pdf relating to the status of Refugeesthe 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol (the Refugee Convention) define a ‘refugee’ as a person who, ‘owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and its ~~1967 Protocol (the Refugee Convention) and women worldwide are affected disproportionately by sexual and others forms of gender-ba~~unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it’, which also applies to women and children exposed to violence worldwide;

Amendment 30 #

Draft opinion
Paragraph 1

1. ERegrets that there is a great degree of gender inequality for women and girls who are forced to leave their countries of origin for international protection; emphasizes that oftentimes vulnerable economic and other type of dependence puts women and girls in third countries in a situation where it is even more improbable for them thean for men to safely seek asylum - according to the UNHCR in 2017, women comprised from 9 - 22 % of the sea arrivals to Italy, Greece and Spain1 ; __________________ 1 [1] https://data2.unhcr.org/en/documents/down load/63039

Amendment 31 #

Draft opinion
Paragraph 1 a (new)

1a. Points out that these persons continue to receive the protection of their government when they return to their country of origin;

Amendment 32 #

Draft opinion
Paragraph 2

2. ~~Condemns~~Expresses opposition to, and concerns about, the ongoing situation where ~~in order to~~, when seeking asylum in the EU, women ~~and girls, as well as LGBTI persons put themselves under the serious risk of sexual and gender-based~~, girls and children, in particular Christians, are placed at serious risk of violence, including sexual violence, along routes and in reception cent~~ers~~res; Calls on the EU Member States to take action;

Amendment 33 #

Draft opinion
Paragraph 2

2. Condemns the ~~ongoing situation where in order to seek asylum in the EU, women and girls, as well as LGBTI persons put themselves under~~current EU policies which expose women and girls to the serious risk of sexual and ~~gender-based~~physical violence along routes and in reception centeres by fuelling the trafficking of migrants by supporting NGOs which work with people-smuggling mafias;

Amendment 34 #

Barbara MATERA

Draft opinion
Paragraph 2

2. Condemns the ongoing situation where ~~in order to seek asylum in the EU, women and~~ girls, a~~s well as~~nd LGBTI persons put themselves under the serious risk of sexual and gender-based violence along routes and in reception centeres;

Amendment 35 #

Draft opinion
Paragraph 2

2. Condemns the ongoing situation where in order to seek asylum in the EU, women and girls~~, as well as LGBTI persons~~ put themselves under the serious risk of ~~sexual and gender-based~~physical, psychological and notably sexual violence along migratory routes and in reception centeres;

Amendment 36 #

Draft opinion
Paragraph 2 a (new)

2a. Stresses that gender-based violence, including sexual violence, has serious consequences on women and girls’ life and health, which could affect the mental health of women and lead to post-traumatic stress disorder, and anxiety and depression;

Amendment 37 #

Barbara MATERA

Draft opinion
Paragraph 2 a (new)

2a. Stresses the need for funding to support, specifically, the more vulnerable women and girls in our society, particularly women with disabilities, women refugees and those who are victims of trafficking and abuse;

Amendment 38 #

Draft opinion
Paragraph 2 a (new)

2a. Expresses objections to, and concerns about, the fact that Christians are being persecuted and discriminated against for their faith, including in centres for immigrants;

Amendment 39 #

Draft opinion
Paragraph 2 a (new)

2a. Underlines that women, girls, and LGBTI persons who claim a well-founded fear of gender-based persecution need to be able to safely request visas on humanitarian grounds;

Amendment 4 #

Draft opinion
Recital A

A. whereas ~~gender is~~the race, religion, nationality, membership of a particular social group, or political opinion are a ground for protection under the 1951 UN Convention relating to the status of Refugees and its 1967 Protocol (the Refugee Convention) and women worldwide are affected disproportionately by sexual and others forms ~~of gender-based~~ violence;

Amendment 40 #

Draft opinion
Paragraph 2 b (new)

2b. Is deeply concerned and regrets the deaths and human rights violations at the EU external borders; believes that legal and safe route into the EU is a crucial step for women, girls and minors who are in need of international protection, which will improve their security and safety, prevent them from gender-based violence along migration routes and secure their fundamental rights;

Amendment 41 #

Draft opinion
Paragraph 3

3. CRecalls ~~for a separate instrument on humanitarian visas, in addition and complementary to a Union programme on resettleme~~that Member States are not required, under EU law, to grant and humanitarian ~~admission, to be established at the Union level and calls on the Commission to deliver the legislative proposal wherein the third country nationals will receive the possibility to~~visa to persons who wish to travel to their territory with the intention of applying for a European humanitarian visa directly at any consulate or embassy of the Member States, while ensuring its gender-sensitive approach and effective protection of persons suffering gender-based persecution.sylum, but that they remain free to do so directly in the countries of origin on the basis of their national law;

Amendment 42 #

Draft opinion
Paragraph 3

3. Calls for a separate instrument on humanitarian visas, in addition ~~and complementary~~ to a Union programme on resettlement and humanitarian admission and complementary to a programme that takes account of the difficult situation faced by Christians, who are often forced to live in reception centres in hostile areas, to be established at the Union level and calls on the Commission to deliver the legislative proposal wherein the third country nationals will receive the possibility to apply for a European humanitarian visa directly at any consulate or embassy of the Member States, while ensuring its gender- sensitive approach and effective protection of persons, including those suffering ~~gender~~religion-based persecution.

Amendment 43 #

Draft opinion
Paragraph 3

3. Calls for a separate instrument on humanitarian visas, in addition and complementary to a Union programme on resettlement and humanitarian admission, to be established at the Union level and calls on the Commission to deliver the legislative proposal wherein the third country nationals will receive the possibility to apply for a European humanitarian visa ~~directly at any consulate or embassy of the Member States, while ensuring its gender-sensitive approach and effective protection of persons suffering gender-based persecutio~~, while ensuring effective protection of all applicants, especially children and women.

Amendment 44 #

Draft opinion
Paragraph 3

3. Calls for a separate instrument on humanitarian visas, in addition and complementary to a Union programme on resettlement and humanitarian admission, ~~to be established at the Union le~~while ensuring its gender-sensitivel and calls on the Commission to deliver the legislative proposal wherein the third country nationals will receive the possibility to apply for a European humanitarian visa directly at any consulate or embassy of the Member States, while ensuring its gender-sensitive approach and effective protection of persons suffering gender-based persecution.pproach and effective protection of persons suffering gender-based persecution in which it is of outmost importance that the process is handled in a sensitive and respectful way, with full understanding regarding the complexity and the vulnerabilities of women and LGBTI persons;

Amendment 45 #

Draft opinion
Paragraph 3

3. Calls for a separate instrument on humanitarian visas, in addition and complementary to a Union programme on resettlement and humanitarian admission, to be established at the Union level in order to provide an additional safe and legal access to the EU territory for persons in need of international protection and calls on the Commission to deliver the legislative proposal wherein the third country nationals will receive the possibility to apply for a European humanitarian visa directly at any consulate or embassy of the Member States, while ensuring its gender-sensitive approach and effective protection of persons suffering gender-based persecution.

Amendment 46 #

Draft opinion
Paragraph 3 a (new)

3a. Calls for all available financial, legal and political resources to be mobilised at EU level to help refugees in their country of origin, and in particular for an end to be brought to conflicts and the exploitation of natural resources by multinationals, which creates poverty and causes locals to flee their country for economic reasons; calls for all available resources be mobilised at EU level to help refugees in the reception centres assigned to them, so that as soon as the conflicts end they can return to their homes; calls for the creation of a special emergency aid instrument for refugees, especially children, with a view to giving them access to basic healthcare and education;

Amendment 47 #

Draft opinion
Paragraph 3 a (new)

3a. Calls on the Commission to incorporate a gender perspective into the proposal, to respect for the existing international and European guidelines and legal instruments, and to recognize gender-based persecution as a valid ground for seeking international protection;

Amendment 48 #

Draft opinion
Paragraph 3 a (new)

3a. Calls for the instrument of humanitarian visa to take especially into account the gender related claims of women and to implement in the visa process the recommendations of the 2002 UNHCR gender guidelines to ensure a process without discrimination;

Amendment 49 #

Draft opinion
Paragraph 3 a (new)

3a. Points out that Member States should be given back control of their borders and should be free not to authorise the free movement of persons holding a humanitarian visa;

Amendment 5 #

Draft opinion
Recital A

A. whereas ~~gender is a ground for~~persecution on the basis of a person’s gender constitutes a ground for seeking and being granted international protection under the 1951 UN Convention relating to the status of Refugees and its 1967 Protocol (the Refugee Convention) as well as under different international and EU legal frameworks, including the Istanbul Convention, and women worldwide are affected disproportionately by sexual and others forms of gender-based violence;

Amendment 50 #

Draft opinion
Paragraph 3 b (new)

3b. Calls on the Member States to provide necessary and sufficient trainings to staffs and health professionals involved in dealing with children, girls and women victims of gender-based violence when they arrive in the EU, in order to provide specialised assistance and care services, including sexual and reproductive healthcare and psychological support;

Amendment 51 #

Draft opinion
Paragraph 3 b (new)

3b. Points out that the instrument of humanitarian visa should also include humanitarian protection claims based on health conditions, compelling family grounds when these do not amount to grounds for family reunification, climate displacement reasons and other compelling cases of humanitarian protection needs.

Amendment 52 #

Draft opinion
Paragraph 3 c (new)

3c. Highlights that gendered forms of violence and discrimination, including but not limited to rape and sexual violence, FGM, forced marriage, domestic violence, so-called honour crimes and state- sanctioned gender discrimination, constitute persecution and should be valid reasons for seeking asylum or humanitarian protection and therefore be reflected in the new instrument;

Amendment 53 #

Draft opinion
Paragraph 3 c (new)

3c. Regrets that some Member States have not ratified the Istanbul Convention and reiterates its call for all Member States to ratify the Istanbul Convention and to fully implement it without any delay;

Amendment 54 #

Draft opinion
Paragraph 3 d (new)

3d. Calls on the Commission to issue new gender guidelines to ensure the inclusion of the gender perspective in all phases of the asylum procedure and in compliance with the 2002 UNCHR Gender guidelines processes should grant the choice of the gender of the interviewer and take country information relating to the situation of women into account;

Amendment 55 #

Draft opinion
Paragraph 3 d (new)

3d. Calls for shared responsibility and close cooperation among the European countries, international organizations, relevant stakeholders and sectors at different levels;

Amendment 56 #

Draft opinion
Paragraph 3 e (new)

3e. Alerts that the new instrument of humanitarian visa cannot serve as a way to shift the responsibility to assess refugees’ claims to countries outside Europe but as a way to ensure asylum seekers and person in need of humanitarian protection travel safe to Europe where their claim then would be processed; whereas proposals such as the disembarkation platforms fundamentally undermine the core principles of international and European refugee protection;

Amendment 57 #

Draft opinion
Paragraph 3 e (new)

3e. Calls on the Commission and the Member States to improve the collection of sex-disaggregated data in current refugee crisis and to ensure that a gender equality perspective is incorporated into relevant asylum policies;

Amendment 58 #

Draft opinion
Paragraph 3 f (new)

3f. Reminds the Commission and the Member States that the protection of persons in need of international protection is an issue which concerns all and a common response based on the principle of solidarity shall be given;

Amendment 59 #

Draft opinion
Paragraph 3 f (new)

3f. Reminds that legislation and policies to combat human smuggling should never prevent access to EU asylum procedures and should seek to help migrant and refugees avoid exploitative harmful situations;

Amendment 6 #

Draft opinion
Recital A

A. whereas ~~gender~~violence against women is a ground for protection under the 1951 UN Convention relating to the status of Refugees and its 1967 Protocol (the Refugee Convention) and women worldwide are affected disproportionately by sexual and others forms of ~~gender-based~~ violence;

Amendment 60 #

Draft opinion
Paragraph 3 g (new)

3g. Calls on the Commission proposal to take account of women and girls who are victims of gender-based violence in countries of origin and are in need of international protection, such as their application might be prioritised in order to reduce the waiting time, and they should be able to be interviewed separately and be informed of the choice to have interviewers and interpreters of the same sex as themselves; recommends that special assistance to be given to these women and girls during the application of humanitarian visas and when necessary, second or subsequent interviews should be conducted; addresses that the interviewers should receive sufficient trainings before conducting the interviews;

Amendment 61 #

Draft opinion
Paragraph 3 g (new)

3g. Criticises the designation of third countries as safe countries of origin, safe third countries and first countries of asylum and underlines that even in countries deemed safe, women may suffer gender-based persecution, while LGBTI persons may also suffer abuse, thus having a legitimate request for protection;

Amendment 62 #

Draft opinion
Paragraph 3 h (new)

3h. Calls for an immediate end to the detention of children, pregnant and nursing women and survivors of rape, sexual violence and trafficking, and for appropriate psychological support to be made available;

Amendment 7 #

Draft opinion
Recital A

A. whereas gender is a ground for protection under the 1951 UN Convention relating to the status of Refugees and its 1967 Protocol (the Refugee Convention) and women worldwide are affected disproportionately by sexual and others forms of gender-based violence, and affected in specific ways in times of armed conflict and war;

Amendment 8 #

Draft opinion
Recital A a (new)

Aa. whereas, according to the Article 79 (1) of the TFEU, the Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings; whereas, according to the Article 79 (2c) of the TFEU, the European Parliament and the Council, shall adopt measures in the area of illegal immigration and unauthorised residence, including removal and repatriation of persons residing without authorisation;

Amendment 9 #