2020/2116(INI) Human rights protection and the EU external migration policy
Next event: Indicative plenary sitting date, 1st reading/single reading 2021/04/26 more...
Lead committee dossier:
Next event: Indicative plenary sitting date, 1st reading/single reading 2021/04/26 more...
- Vote scheduled in committee, 1st reading/single reading 2021/02/23
Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | AFET | STRIK Tineke ( Verts/ALE) | LÓPEZ GIL Leopoldo ( EPP), KÖSTER Dietmar ( S&D), GOERENS Charles ( Renew), MARIANI Thierry ( ID), KARSKI Karol ( ECR), URBÁN CRESPO Miguel ( GUE/NGL) |
Committee Opinion | DEVE | URBÁN CRESPO Miguel ( GUE/NGL) | Rosa ESTARÀS FERRAGUT ( PPE), Beata KEMPA ( ECR), Jan-Christoph OETJEN ( RE), Caroline ROOSE ( Verts/ALE), Gianna GANCIA ( ID), Pierfrancesco MAJORINO ( S&D) |
Committee Opinion | LIBE | REGO Sira ( GUE/NGL) | Damien CARÊME ( Verts/ALE), Patryk JAKI ( ECR), Jan-Christoph OETJEN ( RE), Pietro BARTOLO ( S&D), Loucas FOURLAS ( PPE) |
Committee Opinion | FEMM |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Events
2021/04/26
Indicative plenary sitting date, 1st reading/single reading
2021/02/23
Vote scheduled in committee, 1st reading/single reading
2020/11/06
EP - Committee draft report
Documents
2020/09/17
EP - Committee referral announced in Parliament, 1st reading/single reading
2020/07/16
EP - REGO Sira (GUE/NGL) appointed as rapporteur in LIBE
2020/05/28
EP - URBÁN CRESPO Miguel (GUE/NGL) appointed as rapporteur in DEVE
2020/04/02
EP - STRIK Tineke (Verts/ALE) appointed as rapporteur in AFET
Activities
- Maria ARENA
Plenary Speeches (0)
- Angel DZHAMBAZKI
Plenary Speeches (0)
- Kinga GÁL
Plenary Speeches (0)
- Charles GOERENS
Plenary Speeches (0)
- Dietmar KÖSTER
Plenary Speeches (0)
- Georgios KYRTSOS
Plenary Speeches (0)
- Juan Fernando LÓPEZ AGUILAR
Plenary Speeches (0)
- Gabriel MATO
Plenary Speeches (0)
- Miguel URBÁN CRESPO
Plenary Speeches (0)
- Monika VANA
Plenary Speeches (0)
- Pedro MARQUES
Plenary Speeches (0)
- Sira REGO
Plenary Speeches (0)
- Susanna CECCARDI
Plenary Speeches (0)
- Nicolaus FEST
Plenary Speeches (0)
- Leopoldo LÓPEZ GIL
Plenary Speeches (0)
- Nicola PROCACCINI
Plenary Speeches (0)
- Isabel SANTOS
Plenary Speeches (0)
- Tineke STRIK
Plenary Speeches (0)
- Karlo RESSLER
Plenary Speeches (0)
- Mounir SATOURI
Plenary Speeches (0)
- Marco DREOSTO
Plenary Speeches (0)
- Nicola BEER
Plenary Speeches (0)
- Jean-Lin LACAPELLE
Plenary Speeches (0)
- Dorien ROOKMAKER
Plenary Speeches (0)
Amendments | Dossier |
163 |
2020/2116(INI)
2020/11/04
DEVE
66 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Reaffirms that the right to migrate is a human right; regrets that the current external dimension of EU migration policies, through measures aiming primarily at strengthening securitisation and border controls at EU external borders and in partner countries, contributes to human rights violations of partner country citizens and transit migrants; calls on the Commission to promote development and humanitarian policies
Amendment 10 #
Draft opinion Paragraph 2 2. Recalls that EU development cooperation must have as its main objective the reduction and eradication of poverty and of inequalities, while living no-one behind, and that it must be based on partner countries’ development agendas, following a needs and rights-based approach, and not on EU domestic interests;
Amendment 11 #
Draft opinion Paragraph 2 2. Recalls that EU development cooperation must have as its main objective the reduction and eradication of poverty and inequalities, and that it must be based on partner countries’ development agendas, following a needs and rights- based approach, and not on EU domestic interests;
Amendment 12 #
Draft opinion Paragraph 2 a (new) 2 a. Calls on the EU align its external migration objectives with its sustainable development objectives; calls on the EU to advance development cooperation and funding on the basis of closer cooperation with third countries; highlights that these policies should be harboured in the approach that strengthens the resilience of the most vulnerable; calls on the EU to tailor its ODA towards tackling the root causes of poverty and minimizing negative incentives for irregular migration and forced displacement by improving democratic processes and good governance, creating opportunities for youth engagement and entrepreneurship, advancing gender equality, tackling climate change, and by providing access to services; insists on the importance of designing policies tailored to local circumstances and in partnership with local actors;
Amendment 13 #
Draft opinion Paragraph 2 a (new) 2 a. Considers that practices and places of reception of migrants should guarantee dignity and humanity for hosts, developing good practices of reception and assistance, including free psychological and legal assistance, with a particular attention to categories in a vulnerable situation, among others women and family units; therefore considers unacceptable to assist to totally inadequate reception and living conditions and even humanitarian emergencies in EU countries or just behind our borders;
Amendment 14 #
Draft opinion Paragraph 2 a (new) 2 a. Recalls that the European Consensus for Development provides for a coordinated, holistic and structured approach to migration, due to its cross- cutting nature and considers it as one of the key areas to which Policy Coherence for Development (PCD) applies; in this regard, calls for PCD compliant and regularly assessed external migration policies which contribute to human rights, gender equality and empowerment, poverty eradication and human development;
Amendment 15 #
Draft opinion Paragraph 2 b (new) 2 b. Calls on the EU to strengthen its Regional Development Protection Programmes (RDPPs) within a human rights framework and to foster third countries' capacity-building, conflict resolution and the protection, promotion and respect for human rights; calls on the EU to encourage and assist partnership countries to achieve greater cooperation with international organizations, civil society and regional bodies and organizations to facilitate regional mobility and to enhance mobilization of resources to treat migrants, refugees and returnees with dignity and in compliance with international humanitarian law;
Amendment 16 #
Draft opinion Paragraph 3 3.
Amendment 17 #
Draft opinion Paragraph 3 3. Takes note of the EU’s New Pact on Migration and Asylum; expresses its regret that the proposed measures are insufficient to e
Amendment 18 #
Draft opinion Paragraph 3 3. Takes note of the EU’s New Pact on Migration and Asylum; expresses its regret that the proposed measures are insufficient to ensure
Amendment 19 #
Draft opinion Paragraph 3 3. Takes note of the EU’s New Pact on Migration and Asylum; expresses its regret that the proposed measures are insufficient, if not directly counterproductive, to ensure respect for migrants’ human rights; and is especially worried about the securitisation proposed approach and the externalisation of EU border management and migration control, which not only generates negative outcomes from a human rights and safe human mobility perspective, but also evidences of negative outcomes in term of human development on local populations in developing countries, mainly in Africa;
Amendment 2 #
Draft opinion Paragraph 1 1. Reaffirms that the right to migrate is a human right; calls on the Commission to promote development and humanitarian policies that protect the human and social rights of all migrants, wherever EU action is deployed and irrespective of their legal status; recalls that the Treaties provide that the Union is founded on the respect of human rights and dignity, and therefore considers that the EU migration policy cannot entail human rights violations that weaken the position of the EU in the international arena and the credibility of its foreign policy;
Amendment 20 #
Draft opinion Paragraph 3 3. Takes note of the EU’s New Pact on Migration and Asylum; expresses its regret that the proposed measures are insufficient to ensure respect for migrants’ human rights, focusing mainly on reducing the arrival of migrants in Europe and facilitating returns to their countries of origin, and is especially worried about the externalisation of EU border management and migration control;
Amendment 21 #
Draft opinion Paragraph 3 3. Takes note of the EU’s New Pact on Migration and Asylum; expresses its regret that the proposed measures for the internal and external dimension of migration policies are insufficient to ensure respect for migrants and displaced persons’ human rights, and is especially worried about the externalisation of EU border management and migration control;
Amendment 22 #
Draft opinion Paragraph 3 3. Takes note of the EU’s New Pact on Migration and Asylum; expresses its regret that the proposed measures are insufficient to ensure respect for migrants’ human rights and is especially worried about the externalisation of EU border management and migration control; considers that agreeing on a common migration policy that respects human rights and distributes the burden assumed by the Member States that receive the vast majority of asylum applications is a critical matter for the EU, and that failing to do so will entail a structural threat to the viability of the European integration project;
Amendment 23 #
Draft opinion Paragraph 3 a (new) 3 a. Believes that the new EU pact on migration and asylum needs to be essentially improved and considers that the human dignity of refugees and migrants should be at the heart of a new approach based on the principles of solidarity and shared responsibility, including common reception policies and a mandatory relocation system and ensuring full respect for human rights, international, refugee and maritime law;
Amendment 24 #
Draft opinion Paragraph 3 b (new) 3 b. Retains that shipwrecks and deaths of migrants in the Mediterranean Sea are a momentous tragedy to which we have responsibility to put an end; recalls that rescue at sea is a legal obligation under international law, in particular according to Article 98 of the United Nations Convention on the Law of the Sea, which requires the assistance to any person in distress at sea; considers that a permanent, robust and effective Union response in search and rescue operations at sea is necessary, foremost through a dedicated EU mission, in order to prevent further loss of life among migrants attempting to cross the Mediterranean Sea;
Amendment 25 #
Draft opinion Paragraph 3 c (new) 3 c. Condemns the systematic human rights abuses and violations affecting large numbers of migrants; recalls in particular the unacceptable situation in detention centres in Libya, where thousands of people are systematically subjected to arbitrary detention under inhumane conditions, torture and other abuses, including rape, arbitrary killings and exploitation;
Amendment 26 #
Draft opinion Paragraph 3 a (new) 3 a. Recalls that as most migrants move within their region and continent of origin, intra-regional and intra- continental mobility should be facilitated; calls on the EU- Africa partnership and the future OACP-EU agreement to support intra-regional and intra- continental mobility of persons in accordance with the African Charter of Human rights and the African Union Protocol to the Treaty Establishing the African Economic Community Relating to Free Movement of Persons, Right of Residence and Right of Establishment;
Amendment 27 #
Draft opinion Paragraph 3 b (new) 3 b. Expresses strong concern regarding readmission clauses included in legally binding partnership and cooperation agreements with third countries, in particular in the absence of provisions in line with international human right law; calls on the negotiating parties to the new OACP-EU partnership to exclude such measures from the agreement, including in its annexes, especially as most ACP countries do not support EU Readmission Agreements and are not signatories to them;
Amendment 28 #
Draft opinion Paragraph 4 4.
Amendment 29 #
Draft opinion Paragraph 4 4. Insists on the need for humanitarian corridors
Amendment 3 #
Draft opinion Paragraph 1 1. Reaffirms that the right to migrate is a human right; calls on the Commission to promote development and humanitarian policies that protect the human and social rights of all
Amendment 30 #
Draft opinion Paragraph 4 4.
Amendment 31 #
4. Insists on the need
Amendment 32 #
Draft opinion Paragraph 4 4. Insists on the need for humanitarian corridors and safe and legal migration pathways from neighbouring and developing countries into the EU; stresses that the existence of safe and legal access routes to the EU is the only alternative to irregular migration and deplores the lack of such routes, including for asylum seekers and refugees. Believes that a short-term approach based on measures to strengthen border control and reduce migrant arrivals in Europe has led to a drastic reduction in legal migration opportunities, pushing migrants towards more dangerous routes;
Amendment 33 #
Draft opinion Paragraph 4 4. Insists on the need for humanitarian corridors and safe and legal migration pathways from neighbouring and developing countries into the EU; stresses that the mere containment of irregular migration does not lead to its effective reduction and only forces migrants to take more dangerous routes;
Amendment 34 #
Draft opinion Paragraph 4 a (new) 4 a. Calls on the Commission and the Council to take steps to ensure that EU migration policies do not have a negative impact on free movement and on sustainable development processes in countries outside the EU, in line with the EU’s legal obligation to Policy Coherence for Development and with the European Consensus on Development;
Amendment 35 #
Draft opinion Paragraph 4 a (new) 4 a. Calls on the EU to develop new and improve on existing safe and legal pathways for migrants; considers that the EU should strive to develop a more sustainable circular labour migration policy in its partnership with third countries and to offer safe two-way migration mobility, such as for labour and academic purposes;
Amendment 36 #
Draft opinion Paragraph 5 Amendment 37 #
Draft opinion Paragraph 5 5.
Amendment 38 #
Draft opinion Paragraph 5 5.
Amendment 39 #
Draft opinion Paragraph 5 5. Reiterates that
Amendment 4 #
Draft opinion Paragraph 1 1. Reaffirms that the right to migrate is a human right; calls on the Commission to
Amendment 40 #
Draft opinion Paragraph 5 5. Reiterates that neither development assistance nor bilateral or multilateral partnerships with developing countries must be conditional on cooperation on migration policies; as this would undermine the EU’s legal obligation to Policy Coherence for Development and with the European Consensus on Development, as well as the primary purpose of Official Development Assistance of eradicating poverty and be against the aid effectiveness principle of country ownership;
Amendment 41 #
Draft opinion Paragraph 5 5. Reiterates that neither the allocation of development assistance nor bilateral or multilateral partnerships with developing countries must be conditional on assistance and cooperation on migration policies,; insists that a more coordinated, structured and holistic approach to migration must still be defined and implemented in full respect of human rights, including the right of every individual to leave his or her country of origin;
Amendment 42 #
Draft opinion Paragraph 5 5. Reiterates that neither development assistance nor bilateral or multilateral partnerships with developing countries must be conditional on cooperation on migration policies, as this would undermine the aid effectiveness principles and the primary purpose of Official Development Assistance of eradicating poverty;
Amendment 43 #
Draft opinion Paragraph 5 a (new) 5 a. Considers that any agreement with countries of origin and transit should ensure the full protection of human lives, dignity and human rights; expresses deep concern and shame that these minimum guarantees are not effectively respected and that migrants and refugees face inhumane conditions of transfer and detention;
Amendment 44 #
Draft opinion Paragraph 5 b (new) 5 b. Retains that return of migrants can only be carried out under safe conditions, in full respect of the fundamental and procedural rights of the migrants concerned and only if the country to which the migrants are about to be returned is considered safe; considers it positive the practice of assisted voluntary returns that allow migrants who expressly wants to return to their country of origin to receive assistance at all stages;
Amendment 45 #
Draft opinion Paragraph 5 c (new) 5 c. Calls on Member States to fully respect the principle of non-refoulement and to introduce adequate procedural safeguards in their asylum and border procedures;
Amendment 46 #
Draft opinion Paragraph 6 6.
Amendment 47 #
Draft opinion Paragraph 6 6.
Amendment 48 #
Draft opinion Paragraph 6 6. Expresses its deep concern about the possib
Amendment 49 #
Draft opinion Paragraph 6 6. Expresses its deep concern about the possible misuse of development funds for border control purposes, including those of the EU Emergency Trust Fund for Africa (EUTF), and the suspected human rights violations linked to the EUTF in Libya, Ethiopia and Niger; considers that these facts prove the need for projects funded by the EUTF to include detailed risk assessments, specially concerning potential violations of human rights, as well as protocols that should foresee the situations that would entail the suspension of a project;
Amendment 5 #
Draft opinion Paragraph 2 2. Recalls that EU development cooperation must have as its main objective the reduction and eradication of poverty, tackling inequality and exclusion, promoting democratic governance and human rights, and enhancing sustainable and inclusive development, as fixed in the EU Treaty (Articles 21 and 208), and that it must be based on partner countries’ development agendas, following a needs and rights- based
Amendment 50 #
Draft opinion Paragraph 6 6. Expresses its deep concern about the possible misuse of development funds
Amendment 51 #
Draft opinion Paragraph 7 7. Deplores the lack of transparency of the EUTF and the fact that Parliament is not involved in its scrutiny; considers that, given their expertise in humanitarian and development affairs, civil society organizations should play a more active role in the identification of needs, should have a say in the formulation of programs and should engage in discussions on how to measure the success of development projects; considers that security projects funded by the EUTF should always focus on people’s right to feel safe in their environment, take into account the needs of the different groups that make up the population of partner countries -with a special regard for minority groups and women- and previously assess their impact on fragile and conflict-affected situations, rather than simply promoting the implementation of foreign policy agendas of EU Member States; regrets that barely 1.5% of the total worth of the EUTF for Africa is allocated to fund regular migration schemes; calls on the Commission to comprehensively review the implementation of the EUTF to ensure that it falls in line with development and humanitarian objectives;
Amendment 52 #
Draft opinion Paragraph 7 7. Deplores the lack of transparency of the EUTF
Amendment 53 #
Draft opinion Paragraph 7 7. Deplores the lack of transparency of the EUTF and the fact that Parliament
Amendment 54 #
Draft opinion Paragraph 7 7. Deplores the lack of transparency of the EUTF and the fact that Parliament is not involved in its scrutiny; calls on the Commission to comprehensively review the implementation of the EUTF to ensure that it falls in line with the EU's development and humanitarian objectives;
Amendment 55 #
Draft opinion Paragraph 7 a (new) 7 a. Reiterates its call for a full involvement of the European Parliament in the supervision and governance of EUTFs. Considers it essential that also the activities of the Operational Committees are monitored and asks the Commission to ensure the presence of a representative of the European Parliament there and to transmit detailed information on the decisions taken;
Amendment 56 #
Draft opinion Paragraph 7 b (new) 7 b. Expresses its concern about the extension of the mandate of EUTFs without an appropriate evaluation of their application and, in particular, of the respect for human rights of the funded projects;
Amendment 57 #
Draft opinion Paragraph 7 a (new) Amendment 58 #
Draft opinion Paragraph 8 8. Reiterates that the NDICI budget dedicated to migration should be used to address the root causes of migration
Amendment 59 #
Draft opinion Paragraph 8 8. Reiterates that the NDICI budget dedicated to migration should be used to
Amendment 6 #
Draft opinion Paragraph 2 2. Recalls that EU development cooperation must have as its main objective the reduction and eradication of poverty and th
Amendment 60 #
Draft opinion Paragraph 8 8. Reiterates that the NDICI budget dedicated to migration should be
Amendment 61 #
8. Reiterates that the NDICI budget dedicated to migration should be used to address the root causes of migration and not to control migratory flows or fund external border management. Highlights that the NDICI should contain measures that will ensure accountability and transparency in spending and implementation of migration-related projects so their focus on tackling the root causes of migration is monitored and preserved.
Amendment 62 #
Draft opinion Paragraph 8 8. Reiterates that the NDICI budget dedicated to migration should be used to address the root causes of migration and not to control migratory flows or fund external border management. Stresses the need to ensure accountability and transparency in spending and implementation of migration-related projects in order to monitor and preserve their focus on tackling the root causes of migration.
Amendment 63 #
Draft opinion Paragraph 8 8. Reiterates that the NDICI budget dedicated to migration should be used to address the root causes of migration and not to control migratory flows or fund external border management
Amendment 64 #
Draft opinion Paragraph 8 a (new) 8 a. Underlines that the needs and rights of people in vulnerable situations should be duly taken into account, including of unaccompanied minors, people with disabilities, women and children, and asks to provide for them adequate forms of immediate protection and shelter;
Amendment 65 #
Draft opinion Paragraph 8 b (new) Amendment 66 #
Draft opinion Paragraph 8 c (new) 8 c. Highlights the condition of particular difficulties faced by women in their migration path and therefore calls for the establishment and strengthening of protection systems for migrant women in order to prevent and combat violence, abuse, neglect and exploitation of which they are victims;
Amendment 7 #
Draft opinion Paragraph 2 2. Recalls that EU development cooperation must have as its main objective the reduction and eradication of poverty and that it must be based on partner countries’ development agendas, following a needs and rights-based approach, , and
Amendment 8 #
Draft opinion Paragraph 2 2. Recalls that EU development cooperation must
Amendment 9 #
Draft opinion Paragraph 2 2. Recalls that EU development cooperation must have as its main objective the reduction and eradication of poverty and that it must be based on
source: 660.082
2020/11/17
LIBE
97 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas EU law requires the observance of fundamental rights, including those of third-country nationals, in all the EU’s internal and external action;
Amendment 10 #
Draft opinion Recital A b (new) Ab. whereas the EU approach to the external dimension of migration is mainly focused on the concept of “externalization” based on instruments aiming at keeping the management of migration outside EU borders; whereas this approach entails serious risks of violation of human rights standards;
Amendment 11 #
Draft opinion Recital A b (new) Ab. whereas, beyond ensuring the protection of human rights in cooperation frameworks on migration management with third countries, the EU also has a role to play in protecting human rights in external actions closely linked to its external migration policies;
Amendment 12 #
Draft opinion Recital A b (new) Ab. whereas the perpetrators of several Islamist attacks in Europe used migratory routes to reach the continent of Europe, some of them even with refugee status;
Amendment 13 #
Draft opinion Recital A c (new) Ac. whereas the overwhelming focus on the fight against irregular migration, with limited attention to the situation in countries of origin and transit and the situation of forcibly displaced persons in need of international protection has brought to violations of the obligations in terms of fundamental rights protection;
Amendment 14 #
Draft opinion Recital A c (new) Ac. whereas in certain Member States the majority of asylum seekers have their asylum applications rejected, in keeping with the rule of law, yet only a minority of them are actually deported from EU territory;
Amendment 15 #
Draft opinion Recital A d (new) Ad. whereas the Union’s migration policy is thus misused for the purposes of tackling illegal immigration and terrorism, and should, therefore, be readjusted urgently;
Amendment 16 #
Draft opinion Recital B Amendment 17 #
Draft opinion Recital B B. whereas at least
Amendment 18 #
Draft opinion Recital B B. whereas at least 16 969 people have lost their lives in the Mediterranean since 2014; whereas non-assistance to people in distress at sea and push-backs to unsafe ports in third countries violate the international law of the sea and the right to life; whereas the continuous loss of life in the Mediterranean constitutes a clear failure of EU policy and solidarity;
Amendment 19 #
Draft opinion Recital B B. whereas at least 16 969 people have lost their lives in the Mediterranean since 2014; whereas
Amendment 2 #
Draft opinion Recital A A. whereas EU law requires the observance of fundamental rights, including those of third-country nationals, in all the EU’s internal and external action; whereas human rights are a central component in EU foreign and external policy; whereas the EU’s external migration policy has affected the rights of people moving at regional level in third countries, notably the right to leave the territory, to asylum, to integrity, to liberty and to security, the prohibition of ill- treatment, refoulement and collective expulsion, and procedural guarantees;
Amendment 20 #
Draft opinion Recital B B. whereas at least 16 969 people have
Amendment 21 #
Draft opinion Recital B B. whereas at least 16 969 people have lost their lives in the Mediterranean since 2014; whereas
Amendment 22 #
Draft opinion Recital B a (new) Ba. Whereas since 2016, the EU has multiplied the number of informal agreements and arrangements on return and readmission with third countries, including joint migration declarations, memoranda of understanding, joint ways forward, standard operating procedures or good practices; whereas, similarly to formal readmission agreements, such informal arrangements affirm states’ commitments to readmitting their nationals (or others) and establish procedures to carryout returns in practice; whereas since 2016, the EU has reached at least 11 informal arrangements, while it has concluded only one new readmission agreement;
Amendment 23 #
Draft opinion Recital B a (new) Ba. whereas the increasing use of development aid for migration control in third countries contravenes Article 208 TFEU that stipulates that development assistance shall have as its primary objective the reduction and, in the long term, the eradication of poverty;
Amendment 24 #
Draft opinion Recital B a (new) Ba. whereas Europe is not the only continent with safe and nearby ports to which migrant vessels in distress can be directed; whereas, for example, the African continent also has suitable ports;
Amendment 25 #
Draft opinion Recital B a (new) Ba. whereas illegal pushbacks and human rights violations have been occurring repeatedly at the EU external border, notably at the Greek-Turkish and the Croatian-Bosnian ones;
Amendment 26 #
Draft opinion Recital B b (new) Bb. whereas a number of investigative journalists and human rights monitoring groups have documented violations of human rights that reportedly stem, directly or indirectly, from the implementation of the EU’s migration policy in third countries; whereas some civil society groups have launched legal proceedings against the EU and Member States for such violations:
Amendment 27 #
Draft opinion Recital B b (new) Bb. whereas existing informal arrangements on migration with third countries do not include any provision for termination or suspension in light of human rights violations;
Amendment 28 #
Draft opinion Recital B c (new) Bc. whereas the former UN Special Rapporteur on the human rights of migrants has criticised the EU’s approach to migration for its lack of transparency and clarity and for the weak standing of many agreements reached in this framework, that according to him generally lack monitoring and accountability measures; whereas the UN Special Rapporteur also concluded that there are few signs that mobility partnerships have resulted in additional human rights or development benefits, while the overall focus on security and the lack of policy coherence within the approach as a whole creates a risk that any benefits arising from human rights and development projects would be overshadowed by the secondary effects of more security-focused policies;
Amendment 29 #
Bc. whereas a complaint has been filed to the European Court of Auditors (ECA) regarding EU’s funding in Libya asking for the suspension of the programme supporting the Libyan coast guards in light of its violation of EU financing law regulations and international regulations on human rights; whereas a complaint has been submitted to the International Criminal Court (ICC) against some EU and Member States officials for “causing the death of thousands of human beings per year, the refoulement [forcible return] of tens of thousands migrants attempting to flee Libya and the subsequent commission of murder, deportation, imprisonment, enslavement, torture, rape, persecution and other inhuman acts against them”;
Amendment 3 #
Draft opinion Recital A A. whereas EU law requires the observance of fundamental rights, including those of third-country nationals, in all the EU’s internal and external action; whereas
Amendment 30 #
Draft opinion Recital B d (new) Bd. whereas, to date, the Commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks, notably the Global Approach to Migration and Mobility (GAMM) and the new Partnership Framework, on the human rights of third country nationals (TCN) as well as of the human rights impact of the EU’s cooperation on migration with third countries; insists on the need to carry out such an evaluation in a comprehensive, inclusive and public format with a view to ensuring the full human rights compliance of its external migration policy;
Amendment 31 #
Draft opinion Recital B d (new) Bd. whereas EU's external migration policy has affected free movement in other regions, such as the Economic Community of West African States (ECOWAS) region that has adopted since 1975 a series of protocols that allow the free movement of persons within the region;
Amendment 32 #
Draft opinion Recital B e (new) Be. whereas EU's external migration policy would benefit from consultation and meaningful participation of concerned communities in third countries to evaluate the impact of policies on those communities and on fundamental rights;
Amendment 33 #
Draft opinion Recital B f (new) Bf. whereas the EU New Pact on Migration and Asylum puts a strong focus on cooperation with third countries; whereas this cooperation should have as primary consideration the interests of the third countries, the affected communities, and the human rights of people seeking a place of safety in the EU;
Amendment 34 #
Draft opinion Paragraph 1 1. Calls on the Commission to carry out a comprehensive evaluation of the human rights implications of the EU’s external migration policy, paying particular attention to the EU-Turkey statement, cooperation with Libya, the Joint Way Forward with Afghanistan, projects carried under the Khartoum Process and Frontex cooperation; emphasizes the need for a stronger and better cooperation and for a continuous dialogue between the EU and third countries, in order to improve the human rights situation and to ensure a better migration management;
Amendment 35 #
Draft opinion Paragraph 1 1. Calls on the Commission to carry out a comprehensive evaluation of the human rights implications of the EU’s external migration policy,
Amendment 36 #
Draft opinion Paragraph 1 1. Calls on the Commission to carry out a comprehensive evaluation of the human rights implications of the EU’s external migration policy, paying particular attention to the EU-Turkey statement, cooperation with Libya, the Joint Way Forward with Afghanistan, projects carried under the Khartoum Process and Frontex
Amendment 37 #
Draft opinion Paragraph 1 1. Calls on the Commission to carry out a comprehensive evaluation of the human rights implications of the EU’s external migration policy, paying particular attention to the EU-Turkey statement, cooperation with Libya, the Joint Way Forward with Afghanistan, projects carried under the Khartoum Process and Frontex cooperation; calls on the Commission to suspend any cooperation in which third countries fail to comply with the SOLAS Convention of 1974 and the SAR Convention of 1979.
Amendment 38 #
Draft opinion Paragraph 1 1. Calls on the Commission to carry out a comprehensive evaluation of the human rights implications of the EU’s external migration policy, paying particular attention to the EU-Turkey statement, cooperation with Libya, the Joint Way Forward with Afghanistan, projects carried under the Khartoum Process and Frontex cooperation; calls on the Commission to immediately suspend any cooperation that endangers the human rights of those affected;
Amendment 39 #
Draft opinion Paragraph 1 1. Calls on the Commission to carry out a
Amendment 4 #
Draft opinion Recital A A. whereas EU law requires the
Amendment 40 #
Draft opinion Paragraph 1 1. Calls on the Commission to carry out a comprehensive evaluation of the human rights implications of the EU’s external migration policy, paying particular attention to the EU-Turkey statement, cooperation with Libya, the Joint Way Forward with Afghanistan, projects carried under the Khartoum Process and Frontex cooperation, and to put in place measures designed to ensure the security of European citizens;
Amendment 41 #
Draft opinion Paragraph 1 a (new) 1a. Notes with concern the increasing recourse, since 2016, to enhanced conditionality between development cooperation and migration management, including return and readmission; stresses, however that, in line with Article 208 TFEU, the primary objective of Union development cooperation policy shall be the reduction and, in the long term, the eradication of poverty; calls therefore on the Commission to ensure that policies on development cooperation do not contravene the principles enshrined in Article 208 TFEU; stresses that the use of development cooperation as an incentive for migration management undermines meaningful action on the needs of people in developing countries, the rights of refugees and migrants, and their potential impact on regional migration patterns and their contribution to local economies and thus undermines a wide range of rights stemming from the Sustainable Development Goals;
Amendment 42 #
Draft opinion Paragraph 1 a (new) 1a. Recalls the importance for the EU to have a holistic approach to migration, taking into consideration its external dimension; considers that the interplay between the external and internal dimension of migration policy is made tangible at the EU external borders; considers that violations by any actor involved in border management of European values and legislation, in particular the right of asylum, undermine efforts to achieve a humane migratory policy at a global level as it sets the European standard for its international counter-parts; calls for a revision of funding and cooperation agreements of EU agencies with third countries deemed unsafe for people in need of international protection, in particular Libya, in order to ensure its compliance with fundamental rights;
Amendment 43 #
Draft opinion Paragraph 1 a (new) 1a. Stresses the seriousness of the allegations of illegal actions performed by Frontex vessels and condemns any potential complicit behaviour in maritime pushback operations; calls on the Commission, as guardian of the Treaties, to firmly demand an investigation regarding these allegations and the way in which Frontex’s operations are monitored to ensure compliance with international legislation and the principles and values regarding the protection of those at risk at sea;
Amendment 44 #
Draft opinion Paragraph 1 a (new) 1a. Insists on the need to increase oversight and scrutiny of the European Parliament throughout the design, implementation and evaluation of the cooperation agreements with third countries on migration management, as one of the means to improve human rights protection in this policy area; recalls that these agreements need to be based on balanced, sustained and mutually beneficial partnerships in order to achieve their aim;
Amendment 45 #
Draft opinion Paragraph 1 a (new) 1a. Calls on the EU not to hinder through its EU’s external migration policies freedom of movement in the African region that reflect a long tradition of seasonal and circular migration within the region; draws attention to the negative outcomes the criminalisation of migration has had on local livelihoods in some countries in West Africa;
Amendment 46 #
Draft opinion Paragraph 1 a (new) 1a. Notes that significant concerns about whether Libya is a safe place of disembarkation remain, particularly surrounding fair treatment for all migrants including procedural guarantees around detention and unsafe returns, and of access to a fair and efficient asylum procedure;
Amendment 47 #
Draft opinion Paragraph 1 b (new) 1b. Is deeply concerned about the mounting evidences of push-backs involving European actors at the EU external borders; stresses the need for a transparent and independent border monitoring mechanism; calls therefore to establish an EU-wide mechanism allowing for the independent investigation of alleged violations of European law at the borders;
Amendment 48 #
Draft opinion Paragraph 1 b (new) 1b. Raises concern regarding the fact that the EU's external migration policy has created incentives to criminalise migration and a political climate that is conducive to large-scale human rights violations such as the ones observed in Sudan and Libya.
Amendment 49 #
Draft opinion Paragraph 1 c (new) 1c. Recalls that the external dimension of migration should be focused on cooperation with third countries in order to promote development and address the roots causes of migration; regrets, however, that EU external migration policies are particularly focused on decreasing migrant departures from third countries and on increasing readmissions and returns rates;
Amendment 5 #
Draft opinion Recital A A. whereas EU law requires the observance of fundamental rights, including those of third-country nationals, in all the EU’s internal and external action; whereas the EU’s external migration policy
Amendment 50 #
Draft opinion Paragraph 1 c (new) 1c. Reiterates that neither development assistance nor bilateral or multilateral partnerships with developing countries must be conditional on cooperation on migration policies;
Amendment 51 #
Draft opinion Paragraph 1 d (new) 1d. Raises strong concerns regarding evidences of Frontex alleged involvement in push-backs at EU's external borders as well as transmission of Frontex aerial surveillance to third countries to intercept people fleeing torture and inhumane and degrading treatment; recalls that pursuant to Article 46 of Regulation (EU) 2019/1896 on the European Border and Coast Guard, the Executive Director should suspend or terminate any activity, in whole or in part, if he considers that there are violations of fundamental rights or international protection obligations that are of a serious nature or are likely to persist;
Amendment 52 #
Draft opinion Paragraph 1 d (new) 1d. Deplores that the Commission has promoted cooperation with third countries in the field of migration and asylum without ensuring the scrutiny of the European Parliament; regrets that cooperation with third countries is often aimed at externalizing borders control and migration management;
Amendment 53 #
Draft opinion Paragraph 1 e (new) 1e. Considering the serious human rights violations against refugees, asylum- seekers and migrants in Libya, including those intercepted at sea, calls on the Commission and Member States to urgently review all co-operation activities with “the Libyan coast guard” and suspend them until clear guarantees of human rights compliance are in place;
Amendment 54 #
Draft opinion Paragraph 2 2. Deplores the lack of transparency of the EUTF and the fact that Parliament is not involved in its scrutiny; believes that the transparency, reporting and visibility of projects developed under the EUTF are important for the involvement of national and regional authorities, with a view to creating the conditions for greater involvement on their part and facilitating the participation of the Member States; calls on the Commission to comprehensively review the implementation of the EUTF, including by involving human rights CSOs;
Amendment 55 #
Draft opinion Paragraph 2 2. Deplores the lack of transparency of the EU Trust Fund for Africa (EUTF) and the fact that Parliament is not involved in its scrutiny; calls on the Commission to comprehensively review the implementation of the EUTF, including by
Amendment 56 #
Draft opinion Paragraph 2 2. Deplores the lack of transparency of the EUTF and the fact that Parliament is not involved in its scrutiny, as opposed to the full control for Member States over the Strategic Board; calls on the Commission to comprehensively review the implementation of the EUTF, including by involving local and human rights CSOs, and the composition of its Board;
Amendment 57 #
Draft opinion Paragraph 2 2. Deplores the lack of transparency of the EUTF and the fact that Parliament is not involved in its scrutiny; calls on the Commission to comprehensively review the implementation of the EUTF
Amendment 58 #
Draft opinion Paragraph 2 2. Deplores the lack of transparency of the EUTF and the fact that Parliament is not involved in its scrutiny; 'calls on the Commission to conduct a comprehensive
Amendment 59 #
Draft opinion Paragraph 2 2.
Amendment 6 #
Draft opinion Recital A a (new) Aa. whereas, with the aim to develop a whole-of-government approach to migration, which includes addressing root causes of forced displacement and unwanted migration but also ensuring sustainable returns and readmissions of third country nationals, the external dimension of migration policy is increasingly important; whereas the EU external migration policy is based on cooperation with third countries, notably countries of origin and transit, but also with international and non-governmental organisations working in third countries; whereas all forms of cooperation need to be anchored in fundamental and human rights and protect the rights of the third country nationals affected by this cooperation;
Amendment 60 #
Draft opinion Paragraph 2 2. Deplores the lack of transparency of the EUTF
Amendment 61 #
Draft opinion Paragraph 2 a (new) Amendment 62 #
Draft opinion Paragraph 2 b (new) 2b. Calls on the Commission to ensure the involvement of the European Parliament in the decisions regarding the external dimension of EU migration policies in line with Article 218 TFEU;
Amendment 63 #
Draft opinion Paragraph 2 c (new) 2c. Urges the Commission and EU Member States to refrain from cooperating in the field of migration with countries that do not fully respect the fundamental rights stemming both from the United Nations Convention of 1951 relating to the Status of Refugees and the European Convention on Human Rights or countries that have not ratified these conventions;
Amendment 64 #
Draft opinion Paragraph 2 d (new) 2d. Urges the Commission to ensure that cooperation with third countries in the field of migration is based on an assessment of the human rights situation on the ground and along the migratory routes included in the agreements and of the possible impact of these agreements on the existing human rights situation; calls on the Commission to include in its assessment the information gathered through a permanent dialogue with CSOs and other actors working on the ground;
Amendment 65 #
Draft opinion Paragraph 2 e (new) 2e. Deplores that EU cooperation with third countries is disproportionately focused on the need to increase returns and readmission, without a thorough assessment of the implications in terms of human rights violations;
Amendment 66 #
Draft opinion Paragraph 2 f (new) 2f. Calls on the Commission to redirect the focus of the external dimension of EU migration policy taking and build its cooperation with third countries on a comprehensive approach in line with human rights and in particular with the right to asylum, the prohibition of ill-treatment, the non- refoulement principle, the right to liberty, the prohibition of collective expulsion;
Amendment 67 #
Draft opinion Paragraph 3 3.
Amendment 68 #
Draft opinion Paragraph 3 3.
Amendment 69 #
Draft opinion Paragraph 3 3.
Amendment 7 #
Draft opinion Recital A a (new) Aa. whereas any list of safe countries of origin should be based on detailed, reliable information from a variety of authoritative sources and be subject to continuous monitoring and a flexible system for removing countries from the list due to changing circumstances;
Amendment 70 #
Draft opinion Paragraph 3 3. Condemns the increasing use by the EU and Member States of informal arrangements with third countries such as statements, declarations, standard operating procedures and memoranda of understanding that aim to step up returns and prevent people from finding safety in Europe and that circumvent existing legal framework; calls for the suspension of arrangements that are incompatible with the Charter of Fundamental Rights, the EU
Amendment 71 #
Draft opinion Paragraph 3 3.
Amendment 72 #
Draft opinion Paragraph 3 3.
Amendment 73 #
Draft opinion Paragraph 3 a (new) 3a. Notes that strengthened border controls and restricted visa policies, which result from agreements or informal arrangements with transit countries, may lead to more difficulties for migrants to enter the country, despite the need for protection; stresses that this situation not only undermines the right to leave a country, but also the right to asylum as enshrined under international human rights law; notes as well the chain-effect of border control and readmission agreements that affects the mobility opportunities of migrants in their region as well as risk of pushbacks and forced returns to unsafe countries;
Amendment 74 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Commission to ensure that cooperation with third countries on migration policy, including as instructed in the new EU Pact on Asylum and Migration, is based on the needs and legitimate expectations of refugees, migrants and communities in countries of origin, transit and destination, promotes full respect to international and EU law; contributes to the fight against xenophobia, racism and discrimination, to better living conditions and guaranteed access to rights for refugees, migrants and stateless persons around the world.
Amendment 75 #
Draft opinion Paragraph 3 a (new) 3a. Points out in particular to the EU- Turkey Statement, under which human rights violations have taken place that are incompatible with the EU Charter of Fundamental Rights; calls on the Commission to urgently review the EU- Turkey Statement so as to ensure its strict compliance with human rights standards and Union law;
Amendment 76 #
Draft opinion Paragraph 3 a (new) 3a. Calls for increased cooperation and coordination between Member States in order to fight more effectively against human trafficking networks and prevent migrant smuggling and uphold the protection of the victims of these crimes;
Amendment 77 #
Draft opinion Paragraph 3 a (new) 3a. Emphasises that readmission agreements with third countries must include strong human rights conditions, particularly with respect to the return of third-country nationals to countries they have transited;
Amendment 78 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the EU to involve affected communities, civil society representatives, migrants organisations in the design, implementation and evaluation of projects conducted in third countries;
Amendment 79 #
Draft opinion Paragraph 3 a (new) 3a. Encourages the Union to conclude readmissions agreements with third countries of origin and transit, and to draw up a list of safe countries and regions;
Amendment 8 #
Draft opinion Recital A a (new) Aa. whereas as an attempt to decrease the migratory pressure on EU Member States, the EU has promoted cooperation with third countries in the field of border control and migration management;
Amendment 80 #
Draft opinion Paragraph 3 b (new) 3b. Stresses that Mobility Partnerships (MPs) and Common Agendas for Migration and Mobility (CAMM) can be effective tools to enhance cooperation with third countries on migration; notes with concern that the 9 MPs and 3 CAMM concluded to date mainly focus on the prevention of irregular migration and the enhancement of border management, rather than on promoting channels for legal migration, portability of rights, or skills and qualification recognition; with a view to upholding the mobility rights of potential and current migrants, calls therefore for a heightened level of ambition under the umbrella of MPs and CAMM and for the introduction of new avenues for legal migration for partner countries, thereby converting them into valuable tools over the already existing bilateral and multilateral cooperation in the area of legal migration and mobility; reiterates in particular that visa liberalisation is a key tool creating a real partnership with third countries on migration cooperation;
Amendment 81 #
Draft opinion Paragraph 3 b (new) 3b. Calls on the EU to increase its fight against criminal smuggling networks along migration routes; highlights the key role of international organisations, such as UNHCR, UNICEF and IOM, in improving the protection of human rights near the homes people are fleeing from and calls for the EU to increase its support for these organisations;
Amendment 82 #
Draft opinion Paragraph 3 b (new) 3b. Calls on the Union to draw up and keep updated a list of third countries of origin and transit that do not cooperate sufficiently on migration issues; calls on the Union to use a variety of methods, such as measures on visas or aid, to ensure that these countries cooperate more fully.
Amendment 83 #
Draft opinion Paragraph 3 b (new) 3b. Calls on the Commission to ensure that diaspora, refugee- and migrant-led organisations, in particular women-led organizations, as well as wider civil society, are consulted and included in the design of migration policies in the framework of EU-funded projects.
Amendment 84 #
Draft opinion Paragraph 3 b (new) 3b. Calls for the opening of safe and legal channels for migrants and refugees to the European Union, including a significant increased contribution of EU member States to Global Resettlement Needs.
Amendment 85 #
Draft opinion Paragraph 3 c (new) 3c. Notes with concern the lack of operational, reporting, monitoring and accountability mechanisms available in each case to track and respond to potential violations and the lack of effective judicial remedies for persons whose rights are allegedly violated as a consequence of EU cooperation with third countries, especially in the cases of informal agreements and financial cooperation;
Amendment 86 #
Draft opinion Paragraph 3 c (new) 3c. Calls on EU foreign and development policy to be coherent with external migration policy; both development and foreign policy should contribute to fighting the root causes of forced displacement and unwanted migration, the former by eradicating poverty and creating economic opportunities in countries of origin, and the latter by supporting democratic actors and processes;
Amendment 87 #
Draft opinion Paragraph 3 c (new) 3c. Stresses that EU's external migration policy should not support interceptions at sea that would return people to an unsafe port;
Amendment 88 #
Draft opinion Paragraph 3 d (new) Amendment 89 #
Draft opinion Paragraph 3 d (new) 3d. Welcomes the independent border monitoring mechanism proposed by the European Commission in the new Pact on Migration and Asylum; expects this instrument to help address and put an end to the fundamental and human rights violations that have been occurring repeatedly at the EU external borders; insists on the need to ensure the independence and effectiveness of this instrument;
Amendment 9 #
Draft opinion Recital A a (new) Aa. whereas the fundamental rights of EU nationals, including their right to security, must also be respected;
Amendment 90 #
Draft opinion Paragraph 3 d (new) 3d. Calls on the EU to ensure in their cooperation with third countries that humanitarian organisations have full access to all migrants in need, including in detention and at border crossing points, in order to provide them with humanitarian and medical assistance, including tracing services.
Amendment 91 #
Draft opinion Paragraph 3 e (new) 3e. Notes that 18 official readmission agreements (EURAs)have been concluded to date and that most of them include the readmission of third country nationals to a transit country; underscores that returns to transit countries entail the risk that migrants end up in a legal limbo situation, where their human rights may be at stake due to the worrisome human rights situation in a number of transit countries on the migration paths towards the European Union and the risk that transit countries will reduce protection standards in order to minimise returns of third-country nationals to their territory; in light of the potential, serious human rights impact for third country nationals concerned, supports the recommendation from the evaluation of EURAs by the Commission in 2011, that, as a matter of principle, the EU should always first try to readmit a person to his/her country of origin, and that the EU should focus its readmission strategy on important countries of origin;
Amendment 92 #
Draft opinion Paragraph 3 e (new) 3e. Calls on the EU and Member States to develop and increase safe and legal pathways to the EU to protect migrants and refugees from embarking on dangerous routes;
Amendment 93 #
Draft opinion Paragraph 3 f (new) 3f. Notes with concern the lack of specific measures aimed at operationalising human rights as part of readmission agreements, including the principle of non-refoulement and measures aimed at avoiding indirect or chain refoulement from a third country to another third country after readmission, and calls on the Commission to ensure that EURAs contain specific provisions operationalising human rights as part of return procedures as well as a suspension clause, allowing for the unilateral interruption of the agreement, when it may otherwise lead to persistent human rights violations;
Amendment 94 #
Draft opinion Paragraph 3 g (new) 3g. Highlights the increased role of the European Border and Coast Guard Agency in practical and operational cooperation with third countries, including through cooperation on return and readmission, provision of training, operational and technical assistance to authorities of third countries for the purpose of border management and border control and carrying out operations or joint operations at the EU’s external borders or in the territories of third countries and deploying liaison officers and operational staff in third countries;
Amendment 95 #
Draft opinion Paragraph 3 h (new) 3h. Recalls that ad hoc Status Agreements, to be approved by the European Parliament, are required for the deployment of European Border and Coast Guard Agency’s border management teams to a third country where the members of the teams will exercise executive powers; regrets that the two status agreements concluded to date do not include specific measures for the operationalisation of human rights as part of border management nor regulate a clear accountability for potential human rights violations, and calls for any future status agreement to include such measures;
Amendment 96 #
Draft opinion Paragraph 3 i (new) 3i. Stresses that Regulation 2019/1896 requires the European Border and Coast Guard Agency to ensure timely, consistent, transparent, complete and accurate reporting to the European Parliament of its activities relating to cooperation with third countries and, in particular, of the activities related to technical and operational assistance in the field of border management and return in third countries, the deployment of liaison officers, and detailed information on compliance with fundamental rights; calls on the European Border and Coast Guard Agency to regularly inform DROI, AFET and LIBE Committees of any activities involving cooperation with third countries authorities and in particular on the operationalisation of human rights as part of such activities;
Amendment 97 #
Draft opinion Paragraph 3 j (new) 3j. Calls for the extension of the mandate of the Fundamental Rights Agency to allow it to exercise an advisory role in the external dimension of EU asylum and migration policies and its involvement in monitoring exercises.
source: 660.341
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History
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