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 2021/03/17
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 ( Confederal Group of the European United Left)
|
| Committee Opinion | DEVE |
URBÁN CRESPO Miguel ( Confederal Group of the European United Left)
|
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 ( Confederal Group of the European United Left)
|
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
2021/03/17
Vote scheduled in committee, 1st reading/single reading
2021/01/18
EP - Committee opinion
Documents
2021/01/15
EP - Committee opinion
Documents
2020/12/14
EP - Amendments tabled in committee
Documents
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 (Confederal Group of the European United Left) appointed as rapporteur in LIBE
2020/05/28
EP - URBÁN CRESPO Miguel (Confederal Group of the European United Left) appointed as rapporteur in DEVE
2020/04/02
EP - STRIK Tineke (Verts/ALE) appointed as rapporteur in AFET
Documents
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 |
| 394 |
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
2020/12/14
AFET
231 amendments...
Amendment 1 #
Motion for a resolution Citation 1 — having regard to the Universal Declaration of Human Rights of 1948, and in particular Article 13 and Article 14 thereof,
Amendment 10 #
Motion for a resolution Citation 22 a (new) - having regard to the Council Conclusions on the EU Action Plan on Human Rights and Democracy 2020- 2024, and the annexed EU Action Plan on Human Rights and Democracy 2020- 2024, as agreed by the Council on 17 November 2020,
Amendment 100 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to ensure ex ante risk assessments, performed by independent agencies, on the impact of any formal, informal or financial EU cooperation with third countries on the rights of migrants and refugees, on human rights defenders and civil society in- country working to defend these rights and, to the extent possible, on impact that such cooperation would have on the wider population in the country affected by it, including access to rights, contribution to human security and peace, and sustainable development; calls on the Commission to set implementation guidelines for EU agencies and Member States before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are are suspected of breaching the rule of law, experiencing ongoing or frozen conflicts and face increased risks of human rights violations, such as Turkey, Libya and Egypt and countries where migrants and refugees are subjected to mistreatment and illegal push backs, such as Tunesia, Algeria, Morocco; calls for a commitment to a conflict-sensitive approach that considers and recognizes the effects of assistance into conflict settings and seeks to minimize harm; urges in that regard the Commission to insist that all migration-related interventions must structure any short- term objectives or projects within longer- term aims that support governance;
Amendment 101 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to ensure ex ante risk assessments, performed by independent agencies, on the impact of any formal, informal or financial EU cooperation with third countries on the rights of migrants and refugees and of human rights defenders and civil society in-country working to defend these rights; calls on the Commission to set implementation guidelines for EU agencies and Member States before entering into cooperation with third countries; calls
Amendment 102 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to ensure ex ante risk assessments, performed by independent agencies, on the impact of any formal,
Amendment 103 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to ensure
Amendment 104 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to ensure transparent ex ante risk assessments, performed by independent agencies, on the impact of any formal, informal or financial EU cooperation with third countries on the rights of migrants and refugees; calls on the Commission to set implementation guidelines for EU agencies and Member States before entering into cooperation with third countries; calls in this respect for particular vigilance in relation to countries which are experiencing ongoing or frozen conflicts and face increased risks of human rights violations;
Amendment 105 #
Motion for a resolution Paragraph 8 8.
Amendment 106 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to establish an independent, transparent and effective monitoring mechanism, which entails periodic reports on the implementation of formal, informal and
Amendment 107 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to establish an independent, transparent and effective monitoring mechanism, which entails periodic reports on the implementation of formal, informal and financial agreements that can potentially impact the rights of migrants and refugees in third countries, such as migration partnerships, readmission agreements, and international cooperation on migration management and governance, including direct targeting of challenges connected to migration and forced displacement;
Amendment 108 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to establish an independent, transparent and effective monitoring mechanism, which entails periodic reports on the implementation of formal, informal and financial agreements that can potentially impact the rights of migrants and refugees in third countries, such as migration partnerships, readmission agreements, and international cooperation on migration management and governance, including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent, participatory for civil society and field workers, and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism; calls on the Commission to establish a general framework for the effective monitoring and evaluation of the implementation of all present and future EU readmission agreements and the inclusion therein of special monitoring provisions and penalty clauses for non-compliance, including financial penalties regarding EU funding; points out that EU funding should also be reduced for third countries of origin and transit that refuse or unduly postpone the conclusion of readmission agreements with the EU;
Amendment 109 #
Motion for a resolution Paragraph 8 8. Notes that border externalisation practices, systematically end up in impunity for those who might have committed human rights violations; Calls on the Commission to establish an independent, transparent and effective monitoring mechanism, which entails periodic reports on the implementation of formal, informal and financial agreements with third countries, that can potentially impact the rights of migrants and refugees
Amendment 11 #
Motion for a resolution Citation 22 b (new) - having regard to the Joint Communication to the European Parliament and the Council for the EU Gender Action Plan (GAP) III {SWD(2020) 284 final},
Amendment 110 #
8. Calls on the Commission to establish an independent, transparent and effective monitoring mechanism, which entails periodic reports on the implementation of formal, informal and financial agreements with third countries that can potentially impact the rights of migrants and refugees
Amendment 111 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to establish an independent, transparent and effective monitoring mechanism, which entails periodic reports on the implementation of formal, informal and financial agreements that can potentially impact the rights of migrants and refugees in third countries, such as migration partnerships, readmission agreements, and international cooperation on migration management and governance, including direct targeting of challenges connected to migration and forced displacement; stresses that such a monitoring mechanism has to be transparent, participatory for civil society and field workers, and publicly available; insists on the need to ensure means for civil society and other interested stakeholders to be able to contribute to the work of the mechanism; calls on the Commission to establish a follow-up mechanism which is overseen by the European Parliament in pursuance of its monitoring competence, whereby evaluation results and expert recommendations are duly incorporated in the relevant agreement, arrangement or action;
Amendment 112 #
Motion for a resolution Paragraph 8 8. Calls on the Commission to establish an independent, transparent and effective monitoring mechanism on the basis of international law, the European Charter and the Sustainable Development Goals, which entails periodic reports on the implementation of formal, informal and financial agreements that can potentially impact the rights of migrants and refugees
Amendment 113 #
Motion for a resolution Paragraph 9 9. Calls on the EU to
Amendment 114 #
Motion for a resolution Paragraph 9 9. Calls on the EU to consider means to ensure access to justice for persons affected by measures implementing cooperation between it and third countries on migration, including through
Amendment 115 #
Motion for a resolution Paragraph 9 a (new) 9 a. Notes with great concern that it is not possible to determine the identity of the majority of the people who die during the attempt to cross the Mediterranean; considers therefore that their identification shall be an obligation; stresses that identifying a person has a huge value in strengthening the memory of tragedies and the sense of humanity that should be linked to them; believes that this is also a moral, legal and administrative duty with regard to those who are alive; therefore considers it necessary to establish a coordinated European approach in order to support identification processes and to establish a database of deceased persons.
Amendment 116 #
Motion for a resolution Paragraph 9 a (new) 9 a. Calls on the EU to consider developing and preparing the data management system of the belongings, documents and personal items of migrants who died in their way to the EU drowning in the Mediterranean Sea or during their travel in EU Member States in order to provide data to their family and relatives and enabled them the body recognition;
Amendment 117 #
Motion for a resolution Paragraph 10 10. Notes that the implementation and funding of the EU’s external migration policy is assigned to different Commission Directorates-General and mainstreamed across the EU’s migration
Amendment 118 #
Motion for a resolution Paragraph 10 10. Notes that the implementation and funding of the EU’s external migration policy is assigned to different Commission Directorates-General and mainstreamed across the EU’s migration, asylum, development and foreign policies without a designated lead institutional actor; notes with concern that this blending of executive responsibilities has created a lack of sufficient and coherent oversight of the Commission’s activities that would enable Parliament to exert democratic control over the EU’s external migration policy and exercise budgetary authority over development funds;
Amendment 119 #
Motion for a resolution Paragraph 10 10. Notes that the implementation and funding of the EU’s external migration policy is assigned to different Commission Directorates-General and mainstreamed across the EU’s migration, asylum, development and foreign policies without a designated lead institutional actor; notes with concern that this blending of
Amendment 12 #
Motion for a resolution Citation 26 a (new) - having regard to the Commission communication of 24 November 2020 entitled ‘Action Plan on Integration and Inclusion’ (COM(2020)0758),
Amendment 120 #
Motion for a resolution Paragraph 10 10. Notes that the implementation and funding of the EU’s external migration policy is assigned to different Commission Directorates-General and mainstreamed across the EU’s migration, asylum, development and foreign policies without a designated lead institutional actor; notes with concern that this blending of executive responsibilities has created a lack of sufficient and coherent oversight of the Commission’s activities that would enable Parliament to exert democratic control over the EU’s external migration policy and exercise budgetary authority over development funds; urges the Commission to designate a single existing lead institutional interlocutor at Commissioner level on the external dimension of migration;
Amendment 121 #
Motion for a resolution Paragraph 11 Amendment 122 #
Motion for a resolution Paragraph 11 11.
Amendment 123 #
Motion for a resolution Paragraph 11 11. Highlights the practical human rights implications stemming from the increasing number, and hence the extrajudicial nature, of informal arrangements on return and readmission,
Amendment 124 #
Motion for a resolution Paragraph 11 11. Highlights the practical human rights implications stemming from the increasing number, and hence the extrajudicial nature, of informal arrangements on return and readmission, which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny; calls on the Commission to prioritise the conclusion of formal
Amendment 125 #
Motion for a resolution Paragraph 11 11. Highlights with great concern the practical human rights implications stemming from the increasing number, and hence the extrajudicial nature, of informal arrangements on return and readmission, which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny; calls on the Commission to prioritise the conclusion of formal readmission agreements, thus ensuring full respect for Article 218(6) TEU, and to ensure that formal EU Readmission Agreements (EURAs) exclude the application of informal agreements; believes that Parliament must assess the legality of informal agreements which include commitments on issues that fall within its competencies, such as readmission, and must be ready to undertake further action including suspension if these informal agreements appear to be incompatible with
Amendment 126 #
Motion for a resolution Paragraph 11 11. Highlights the practical human rights implications stemming from the increasing number, and hence the extrajudicial nature, of informal arrangements on return and readmission, which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny;
Amendment 127 #
Motion for a resolution Paragraph 12 12. Highlights the increased role of the European Border and Coast Guard Agency in practical and operational cooperation with third countries, including 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, 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; recalls that the agency's primary role should be to repatriate systematically illegal migrants to their place of departure, wherever that may be;
Amendment 128 #
Motion for a resolution Paragraph 12 12. Highlights with great concern the increased role of the European Border and Coast Guard Agency in practical and operational cooperation with third countries, including 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, 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; Calls on the Commission to establish an independent, transparent and effective monitoring mechanism on all activities carried out by the European Border and Coast Guard Agency, in addition to the internal complaint mechanism in place;
Amendment 129 #
Motion for a resolution Paragraph 12 12. Highlights with great concern the increased role of the European Border and Coast Guard Agency in practical and operational cooperation with third countries, including 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, 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; calls on the Commission to establish an independent, transparent and effective monitoring mechanism on all activities carried out by the European Border and Coast Guard Agency, in addition to the internal complaint mechanism in place;
Amendment 13 #
Motion for a resolution Citation 26 a (new) - having regard to the Commission communication of 9 March 2020 entitled ‘Towards a comprehensive Strategy with Africa’ (JOIN(2020) 4 final),
Amendment 130 #
Motion for a resolution Paragraph 12 12. Highlights the increased role of the European Border and Coast Guard Agency in practical and operational cooperation with third countries, including 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, 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; notes the continued efforts of the European Border and Coast Guard Agency to protect human rights, including by its actions and achievements in the fight against human trafficking;
Amendment 131 #
Motion for a resolution Paragraph 12 12. Highlights the increased role of the European Border and Coast Guard Agency in practical and operational cooperation with third countries, including 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, 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; Financial and technical help for border protection for all Sou- th-eastern EU Member States, EU candidate countries and other partner countries in the region;
Amendment 132 #
Motion for a resolution Paragraph 12 12. Highlights the increased role of the European Border and Coast Guard Agency in practical and operational cooperation with third countries, including 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, 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; calls for an assessment of the needs of the Agency on a regular basis to ensure its optimal functioning and to strengthen its capacities where necessary;
Amendment 133 #
Motion for a resolution Paragraph 12 a (new) 12 a. calls on the EU to provide sufficient number of the hotspots supported by the adequate number of the employees, equipment, infrastructure and ensure further training for the staff in order to improve the registration and identification process of people coming to Europe;
Amendment 134 #
Motion for a resolution Paragraph 12 a (new) 12a. Is deeply concerned about the mass influx of irregular migrants and vessels along the coasts of the Canary Islands; urges the EU institutions and the Member States to react quickly to these developments and to increase the technical and financial resources for protecting the Union's external border in the Canary Islands; urges in particular the European Asylum Support Office and the European Border and Coast Guard Agency (Frontex) to step up their efforts to tackle the migration crisis in the Canary Islands;
Amendment 135 #
Motion for a resolution Paragraph 12 a (new) 12 a. Calls for a better protection of the EU’s external borders through patrolling of national coastguards in cooperation with Frontex, EUNAVFOR MED SOPHIA and NATO, with the goal of preventing irregular entry into the EU, tackling human smuggling and preventing loss of life at sea;
Amendment 136 #
Motion for a resolution Paragraph 12 a (new) 12 a. Recalls that also other EU actors implementing the external migration policy in the context of e.g. EU naval missions, are bound to applicable international law and that forwarding information to authorities of third countries that ultimately result in the unlawful return of migrants and refugees to unsafe countries, can be considered under international law as assisting in human rights violations;
Amendment 137 #
Motion for a resolution Paragraph 13 13. Recalls that ad hoc Status Agreements
Amendment 138 #
Motion for a resolution Paragraph 13 13. Recalls that ad hoc Status Agreements, to be approved by the European Parliament, are required for the deployment of the 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, and also fail to clearly regulate accountability for potential human rights violations, or ensure that material support and training to third countries is not given to perpetrators of human rights violations, and calls for any future status agreements to include such measures;
Amendment 139 #
Motion for a resolution Paragraph 13 13. Recalls that ad hoc Status Agreements, to be approved by the European Parliament, are required for the deployment of the European Border and
Amendment 14 #
Motion for a resolution Citation 26 b (new) - having regard to the Malta Declaration of 3 February 2017 by the members of the European Council on the external aspects of migration,
Amendment 140 #
Motion for a resolution Paragraph 13 a (new) 13 a. 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 orare likely to persist;
Amendment 141 #
Motion for a resolution Paragraph 13 b (new) 13 b. recalls that collaboration on border management to intercept migrants and refugees on their way to Europe and prevent them from leaving any country violates Article 13 of the Universal Declaration of Human Rights; calls for the EU to ensure that for the purpose of readmission agreements no third country is considered as safe and that all asylum seekers shall enjoy the right to have their applications individually assessed; reminds that 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 and the right to asylum; 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; asks the EU and its Member States to promote the establishment, operation and maintenance of adequate and effective search and rescue operations and not criminalise individuals and organisations which provide support or assistance to people in distress;
Amendment 142 #
Motion for a resolution Paragraph 13 c (new) 13 c. Calls on the EU and Member States to assist ships in distress and provide a place for disembarkation for people who have been saved at sea, including by civil society boats and merchant vessels; to ensure that in cases of interception or rescue at sea, final disembarkation occurs at a place of safety with adequate reception services and procedures, which have the rights, dignity and integrity of migrants as the primary consideration, and to avoid the closest port as the preferred option if there are risks of persecution and inhumane or degrading treatment; calls for humanitarian organisations to be given the means to access all migrants in need, especially in detention and at border crossing points, in order to provide them with humanitarian assistance, including tracing services; calls for the enhancement border management capacities and fighting smuggling and trafficking not to be used to criminalise migrants, nor those assisting them;
Amendment 143 #
Motion for a resolution Paragraph 13 a (new) 13 a. Condems the human rights violations, violations of international, humanitarian and/or refugee law, such as non-refoulement, illegal pushbacks and violent attacks against migrants that are increasingly occurring at the the EU external borders; recalls that the Member States have an obligation to respect Union and international law, including human rights, humanitarian and refugee law; condemns the Commission‘s lack of action in this regard; calls on the Commission to ensure that Member States fulfill their humanitarian and human rights obligations under Union and international law; recommends that the European Commission should launch infringement procedures in cases where Member States do not respect their human rights and humanitarian obligations;
Amendment 144 #
Motion for a resolution Paragraph 13 a (new) 13 a. Stresses the importance of Status Agreements for the security of EU's external borders as well as for strengthening capacity building and border management of third countries; in that regard underlines the competence of the EU Agency for Fundamental Rights in monitoring the compliance and respect of fundamental rights as part of EU border management;
Amendment 145 #
Motion for a resolution Paragraph 14 a (new) 14 a. Points to the role of the European network of Immigration Liaison Officers ingathering and sharing information on EU integrated border management at the external borders, on return, readmission and reintegration, on available channels for legal migration and protection, on the legislation and practices of third countries, including regarding reception and detention centres and the conditions therein and on ways and means to assist the authorities in third countries in preventing irregular migration; highlights that one of the central tasks of the Steering Board of the EU network of Immigration Liaison Officers is to support the development of the capabilities of immigration liaison officers, including through developing guidelines on implementing human rights as part of their activities; calls on the Commission, through the Steering Board, to urgently draw up such human rights-based guidelines;
Amendment 146 #
Motion for a resolution Paragraph 14 a (new) 14a. Stresses that Regulation (EU) 2019/1240 on the creation of a European network of immigration liaison officers should further improve the capacity of the European Union to coordinate, cooperate and exchange information among immigration liaison officers deployed in third countries, the Commission and EU agencies, in order to respond more effectively to the Union's priorities in the field of migration, namely to prevent and combat illegal migration, to facilitate returns and to manage legal migration;
Amendment 147 #
Motion for a resolution Paragraph 15 Amendment 148 #
Motion for a resolution Paragraph 15 Amendment 149 #
Motion for a resolution Paragraph 15 15. Calls for the extension of the mandate, competencies and budget of the Fundamental Rights Agency to allow it to e
Amendment 15 #
Motion for a resolution Citation 26 c (new) - having regard to the Statement by the co-presidency of the 5th Regional Forum of the Union for the Mediterranean held on 27 November 2020,
Amendment 150 #
Motion for a resolution Paragraph 15 15. 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 effective and independent involvement in monitoring exercises; calls for the development of relevant tools and guidelines by the Fundamental Rights Agency;
Amendment 151 #
Motion for a resolution Paragraph 15 15. Calls for the
Amendment 152 #
Motion for a resolution Paragraph 15 15. Calls
Amendment 153 #
Motion for a resolution Paragraph 15 a (new) 15 a. 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;condemns the systematic human rights abuses and violations affecting large numbers of migrants including arbitrary and indefinite detention under inhumane conditions, exploitation, torture and other ill treatment including rape, disappearance and death; deplores that overly restrictive EU entry policies, in particular the absence of legal migration routes, have played a part in fuelling smuggling and human trafficking;
Amendment 154 #
Motion for a resolution Paragraph 15 b (new) 15 b. Notes that according to UNHCR women account around 48% of the refugee population in the world and account for a high share of vulnerable asylum seekers, namely because women constitute an over whelming majority of victims of trafficking and because they are almost systematically undergoing sexual violence and exploitation during the travel to the EU and once arrived; 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 155 #
Motion for a resolution Paragraph 15 a (new) 15a. Highlights the key role of Europol in the fight against people smuggling; calls for the strengthening of the capacities of Europol's European Migrant Smuggling Centre, which provides support, cooperation and exchanges of information to third countries, in order to eradicate this transnational criminal practice;
Amendment 156 #
Motion for a resolution Paragraph 15 b (new) 15b. Points out that the fight against people smuggling is a common challenge that requires cooperation and coordination with third countries in order to anticipate this phenomenon and that the ministerial conference between the EU and African partners in July 2020 confirmed the mutual determination to address this problem; stresses that the new EU Action Plan against migrant smuggling will promote cooperation between the EU and third countries through targeted partnerships to counter migrant smuggling, as part of broader partnerships with key third countries;
Amendment 157 #
Motion for a resolution Paragraph 15 a (new) 15a. Is of the view that further assistance should be provided to countries in the Maghreb and Sahel regions to enable them to cope with the influx of migrants from sub-Saharan Africa and to combat trafficking in human beings and people smuggling; stresses in this regard the need to strengthen judicial and police cooperation with those countries in order to identify and dismantle organised crime networks; draws attention, furthermore, to the need to build up the capacities of those countries so that they can pursue and sanction those responsible in an effective manner; calls, therefore, for cooperation between the European Union, the Member States, Europol, Eurojust, Frontex and the third countries concerned to be encouraged; reaffirms that measures taken against human trafficking should not adversely affect the rights of victims of trafficking, migrants, refugees and persons in need of international protection;
Amendment 158 #
Motion for a resolution Paragraph 16 16.
Amendment 159 #
Motion for a resolution Paragraph 16 16. Notes
Amendment 16 #
Motion for a resolution Citation 29 a (new) - having regard to the Malta Declaration by the members of the European Council on the external aspects of migration: addressing the Central Mediterranean route of 3 February 2017,
Amendment 160 #
Motion for a resolution Paragraph 16 16.
Amendment 161 #
Motion for a resolution Paragraph 16 16. Notes
Amendment 162 #
Motion for a resolution Paragraph 16 16.
Amendment 163 #
Motion for a resolution Paragraph 16 16.
Amendment 164 #
Motion for a resolution Paragraph 16 16. Notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management, including return and readmission;
Amendment 165 #
Motion for a resolution Paragraph 16 16. Notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management, including return and readmission; stresses, however, that according to 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 contribution to local economies, and thus also undermines a wide range of rights stemming from the Sustainable Development Goals; stresses that visa issuing and development programmes should not be subject to cooperation on readmissions; stresses that cooperation and development budget should not be used for the purpose of border management and/or migration control;
Amendment 166 #
Motion for a resolution Paragraph 16 16. Notes
Amendment 167 #
Motion for a resolution Paragraph 16 16.
Amendment 168 #
Motion for a resolution Paragraph 16 16. Notes with concern the increasing recourse since 2016 to enhanced conditionality between development cooperation and migration management, including return and readmission; stresses, however, that according to Article 208 TFEU the primary objective of Union development cooperation policy shall be the reduction and, in the long term, the
Amendment 169 #
Motion for a resolution Paragraph 16 a (new) 16 a. Urges the EU and its Member States to make aid granted to developing countries conditional upon agreements on the effective readmission of illegal migrants present in the EU;
Amendment 17 #
Motion for a resolution Citation 31 a (new) - having regard to European Parliament resolution of 25 November 2020 on improving development effectiveness and the efficiency of aid (2019/2184(INI))
Amendment 170 #
Motion for a resolution Paragraph 16 a (new) 16 a. Calls for the EU to address the root causes of migration, such as poverty, food and nutrition security, unemployment, instability and the lack of security in third countries of origin of illegal mass migration; the focus should also be on assisting the development of stable institutions to promote sustainable societal development in these states;
Amendment 171 #
Motion for a resolution Paragraph 16 b (new) 16 b. Considers that the EU needs to help third countries to offer a perspective of future for young generations constituting the active work force of their own countries, so that people do not start the dangerous journey towards Europe, risking their own and their children's lives;
Amendment 172 #
Motion for a resolution Paragraph 16 a (new) 16 a. Deplores that through its projects, the EU is financing human rights violations of migrants in African countries, where migrants are detained and subjected to widespread and systematic human rights violations; raises concern about the series of negative outcomes that the EU migration management policies have had on local livelihoods in some African countries; Deplores that EU external projects and partnerships have a clear focus on the externalisation of border control to the countries of origin and transit, and on combating irregular migration by a containment paradigm that prevents migrants from leaving their countries and entering the EU; Calls for a needs-based approach to humanitarian assistance, which respects humanitarian principles, international human rights law, international humanitarian law, and international refugee law;
Amendment 173 #
Motion for a resolution Paragraph 16 b (new) 16 b. calls for EU financial support not to be used to stem migration, but rather to create sustainable solutions that address local and regional challenges, particularly around democratic processes and the rule of law, socio economic development, root causes of poverty, youth engagement, gender equality, climate change, access to services, and in line with the Global Compact on Refugees, to advance refugee rights and enhance self-reliance;
Amendment 174 #
Motion for a resolution Paragraph 16 c (new) 16 c. 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; stresses that visa issuing and development programmes should not be subject to cooperation on readmissions; stresses that cooperation and development budget should not be used for the purpose of border management;
Amendment 175 #
Motion for a resolution Paragraph 16 d (new) 16 d. Raises concern about the fact that EU external action tends to increasingly focus on measures that prevent migration towards the EU; raises concern about migration partnership agreements having created incentives and a political climate that is conducive to large-scale human rights violations across the ECOWAS countries, in their North African neighbours, and in the Horne of Africa; deplores that this not only degrades human rights standards across the region but also undermines the coping strategies of many vulnerable communities;
Amendment 176 #
Motion for a resolution Paragraph 16 e (new) 16 e. 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 out comes the criminalisation of migration has had on local livelihoods in some countries in West Africa;
Amendment 177 #
Motion for a resolution Paragraph 16 a (new) 16 a. Considers that freedom of movement and the right to work make migrants self-reliant and help further their integration; recognizes that Intra- ECOWAS migration is an important element of these cross-border economic patterns; stresses that interventions aimed at altering such realities do not resonate locally and are unlikely to achieve positive results in the longer term;
Amendment 178 #
Motion for a resolution Paragraph 16 – subparagraph 1 (new) Notes that EU development cooperation must be aligned with sustainable development goals, also in the context of gender related actions;
Amendment 179 #
Motion for a resolution Paragraph 17 17. Notes that a complete, public overview of EU funding to third countries to facilitate cooperation on migration issues remains unavailable; calls on the Commission to provide improved transparency, including by establishing a clear overview of the funds used to finance cooperation with third countries in the field of migration management across all its financial instruments and their implementation, including information on the amount, purpose and source of funding as well as detailed information on any other potential support measures provided by EU agencies such as the European Border and Coast Guard Agency, in order to ensure that Parliament can efficiently perform its institutional role of scrutiny of the implementation of the EU budget; stresses to suspend any kind of budgetary support and training to the border authorities of third countries which, in this way, proceed with push backs by proxy in violation of the principle of non- refoulement (for example Libya, Tunisia, Morocco) and of Art.13 of the Universal Declaration of Human Rights;
Amendment 18 #
Motion for a resolution Recital A Amendment 180 #
Motion for a resolution Paragraph 17 17.
Amendment 181 #
Motion for a resolution Paragraph 17 17. Notes that a complete, public overview of EU funding to third countries to facilitate cooperation on migration issues remains unavailable; Deplores the lack of transparency and secrecy concerning EU funded projects and calls on the Commission to provide improved transparency, including by establishing a clear overview of the funds used to finance cooperation with third countries in the field
Amendment 182 #
Motion for a resolution Paragraph 17 17.
Amendment 183 #
Motion for a resolution Paragraph 17 17. Notes that a complete, public overview of EU funding to third countries to facilitate cooperation on migration issues remains unavailable; calls on the Commission to provide improved transparency, including by establishing a clear overview of
Amendment 184 #
Motion for a resolution Paragraph 17 a (new) 17 a. stresses to suspend any kind of budgetary support and training to the border authorities of third countries which, in this way, proceed with push backs by proxy in violation of the principle of non refoulement (ex: Libya, Tunisia, Morocco) and of art.13 of the Universal Declaration of Human Rights; calls for the EU to refrain from providing financial and technical assistance to the management of detention centres;
Amendment 185 #
Motion for a resolution Paragraph 17 b (new) 17 b. 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, Eritrea and Niger; calls on the creation of strong mechanisms to monitor the human rights impacts of the EUTF as well as an accountability system to prevent and deal with breaches of international law; deplores that the report of the Commission on the extension of the EUTF does noten visage any improvement in this field; 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 development and humanitarian objectives; stresses that no extension of the EUTF should be envisaged in the absence of such review and if these objectives are not properly assessed and achieved
Amendment 186 #
18. Stresses the importance of
Amendment 187 #
Motion for a resolution Paragraph 18 18.
Amendment 188 #
Motion for a resolution Paragraph 18 18. Stresses the importance of allocating a substantial share of future EU funding in the field of migration to civil society groups
Amendment 189 #
Motion for a resolution Paragraph 18 18. Stresses the importance of allocating a substantial share of future EU funding in the field of migration to civil society and community based groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants, supporting forcibly displaced persons and their host communities, reaping the benefits of well- managed and orderly migration, and of ensuring that a significant part of EU funding is earmarked for the improvement of human rights, international protection, and
Amendment 19 #
Motion for a resolution Recital A A. whereas migration is a
Amendment 190 #
Motion for a resolution Paragraph 18 18. Stresses the importance of allocating a substantial share of future EU funding in the field of migration to civil society groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants, and of ensuring that a significant part of EU funding is earmarked for the improvement of human rights, international protection, the prevention of and appropriate intervention in the case of human trafficking, and the future perspective of refugees;
Amendment 191 #
Motion for a resolution Paragraph 18 18. Stresses the importance of allocating a substantial share of future EU funding in the field of migration to civil society groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants, and of ensuring that a significant part of EU funding is earmarked for the improvement of human rights, international protection, and the future perspective of refugees, and for measures to protect freedom of religion and belief;
Amendment 192 #
Motion for a resolution Paragraph 18 18. Stresses the importance of allocating a substantial share of future EU funding in the field of migration to
Amendment 193 #
Motion for a resolution Paragraph 18 18. Stresses the importance of allocating a substantial share of future EU funding in the field of migration to civil society groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants, and of ensuring that a significant part of EU funding is earmarked for the improvement of human rights, international protection, and the future perspective of refugees in their country of origin;
Amendment 194 #
Motion for a resolution Paragraph 18 a (new) 18 a. Highlights the key role that international organisations, such as UNHCR, UNICEF and IOM, play in ensuring the protection of human rights in the context of migration and forced displacement and insists that EU support for for these organisations should be duly increased;
Amendment 195 #
Motion for a resolution Paragraph 18 a (new) 18 a. stresses the importance of the non- governmental organizations in managing the refugees crisis, providing help to the most vulnerable and emphasises the need of EU funding of this sector for continuation of their work;
Amendment 196 #
Motion for a resolution Paragraph 19 19. Notes that the possibilities of mainstreaming migration policy in EU external policy are significantly broadened
Amendment 197 #
Motion for a resolution Paragraph 19 19. Notes that the possibilities of mainstreaming migration policy in EU external policy are significantly broadened by the inclusion of migration in the thematic, geographical and rapid response component of the proposed Neighbourhood, Development, International Cooperation Instrument (NDICI); notes
Amendment 198 #
Motion for a resolution Paragraph 19 19. Notes that the possibilities of mainstreaming migration policy in EU external policy are
Amendment 199 #
Motion for a resolution Paragraph 19 Amendment 2 #
Motion for a resolution Citation 5 — having regard to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 and in particular Article 3, and the additional protocol thereto,
Amendment 20 #
Motion for a resolution Recital A A. whereas migration is a global phenomenon amplified by globalisation, rising conflicts, inequalities, and climate disruption; whereas gradual, normative development within the modern international human rights framework of the rights of migrants
Amendment 200 #
Motion for a resolution Paragraph 19 19. Notes that the possibilities of mainstreaming migration policy in EU external policy are significantly broadened by the inclusion of migration in the thematic, geographical and rapid response component of the proposed Neighbourhood, Development, International Cooperation Instrument (NDICI); notes with concern, however, that through the ‘rapid response’ component, cooperation with third countries on migration management can be funded without the need for the Commission to publish any programming documents or consult civil society actors, and without the involvement of Parliament, including in the
Amendment 201 #
Motion for a resolution Paragraph 19 19.
Amendment 202 #
Motion for a resolution Paragraph 19 19.
Amendment 203 #
20. Calls on the Commission to regularly and publicly report to Parliament on the funding of migration-related cooperation programmes in third countries and their human rights impact, including within the framework of the working group on external financial instruments of the Committee on Foreign Affairs; calls for the Parliament to be given a stronger role in monitoring the impact of the use of EU funds on human rights, including the human rights of migrants, in the concerned third countries, having as a result of its assessments the redesign of future EU priorities;
Amendment 204 #
Motion for a resolution Paragraph 20 20. Calls on the Commission to regularly and publicly report to Parliament on the funding of migration-related cooperation programmes in third countries, the ways in which such funding has been used by partner countries and their human rights impact, including within the framework of the working group on external financial instruments of the Committee on Foreign Affairs;
Amendment 205 #
Motion for a resolution Paragraph 21 21. Believes that Parliament must make full use of its powers of implementation, scrutiny and budgetary control and auditing procedures before the European Court of Auditors and ensure that EU funding decisions and related allocations comply with the Union’s principles of legality and sound financial management;
Amendment 206 #
Motion for a resolution Paragraph 21 21. Believes that Parliament must make full use of its powers of implementation, scrutiny and budgetary control and ensure that EU funding decisions and related allocations comply with the Union’s principles of legality and sound financial management, in line with the EU’s Financial Regulation;
Amendment 207 #
Motion for a resolution Paragraph 22 Amendment 208 #
Motion for a resolution Paragraph 22 Amendment 209 #
Motion for a resolution Paragraph 22 22.
Amendment 21 #
Motion for a resolution Recital A A. whereas migration is a global phenomenon amplified by globalisation, rising conflicts, inequalities, and climate disruption; whereas gradual, normative development within the modern international human rights framework of the rights of migrants, independently of their legal status, represents a source of progress and collective pride for humanity; whereas migrants remain and - in particular - forcibly displaced persons, however, among the most vulnerable and disadvantaged groups worldwide and continue to face violations of their rights; whereas migration continues to be for many individuals a human journey marred by suffering, discrimination and violence; whereas the European Union, as a historic region of both emigration and immigration
Amendment 210 #
Motion for a resolution Paragraph 22 22. Recalls the commitment of the EU and its Member States under the Global
Amendment 211 #
Motion for a resolution Paragraph 22 22. Recalls the commitment of the EU and its Member States under the Global Compact on Refugees to share responsibility for the protection of refugees and ease the pressure on host countries; stresses in this regard that the EU and its Member States should contribute to a more structural and substantial funding of the regions hosting most refugees
Amendment 212 #
Motion for a resolution Paragraph 22 22. Recalls the commitment of the EU and its Member States under the Global Compact on Refugees to share responsibility for the protection of refugees and ease the pressure on host countries; stresses in this regard that the EU and its Member States should contribute to a more structural and substantial funding of the regions hosting most refugees, and should not use financial means to shift responsibility for the protection of refugees to third countries; reiterates the importance of fully implementing the 23 objectives of the Global Compact for Safe, Orderly and Regular Migration; believes that Parliament must ensure the proper scrutiny of the implementation of both Compacts by the EU; calls on Member States to step up resettlement pledges, more specifically for the most vulnerable refugees currently hosted in fragile countries, and to ensure that resettlement is not made conditional upon the cooperation of the transit country on readmission or border control;
Amendment 213 #
Motion for a resolution Paragraph 22 22. Recalls the commitment of the EU and its Member States under the Global Compact on Refugees to share responsibility for the effective and comprehensive protection of refugees and ease the pressure on host countries; stresses in this regard that the EU and its Member States should increase resettlement pledges and step up to legal pathways and contribute to a more structural and substantial funding of the
Amendment 214 #
Motion for a resolution Paragraph 22 22. Recalls the commitment of the EU and its Member States under the Global Compact on Refugees to share responsibility for the effective protection of refugees and ease the pressure on host countries; stresses in this regard that the EU and its Member States should increase resettlement pledges and step up legal pathways, contribute to a more structural and substantial funding of the regions hosting most refugees, and should not use financial means to shift responsibility for the protection of refugees to third countries; calls on the EU and its Member States for increasing resettlement allocations and for working to prevent forced refugee returns from hosting countries; reiterates the importance
Amendment 215 #
Motion for a resolution Paragraph 23 23. Calls for the EU and its Member States to pursue a migration policy that fully reflects the
Amendment 216 #
Motion for a resolution Paragraph 23 23. Calls for the EU and its Member States to pursue a migration policy that fully reflects the human rights of
Amendment 217 #
Motion for a resolution Paragraph 23 Amendment 218 #
Motion for a resolution Paragraph 23 23. Calls for the EU and its Member States to pursue a migration policy that fully reflects the human rights of migrants as enshrined in both international and regional law; calls on the EEAS, the Commission and the Member States to engage with third countries on the rights of migrants as an integral dimension of the EU’s human rights policy; insists that the human rights and migration nexus be adequately covered within the framework
Amendment 219 #
Motion for a resolution Paragraph 23 23. Calls for the EU and its Member States to pursue a migration policy that fully reflects the human rights of migrants as enshrined in both international and regional law;
Amendment 22 #
Motion for a resolution Recital A A. whereas migration is a global phenomenon amplified by globalisation, rising conflicts, inequalities, and climate disruption, deforestation, climate change and environmental degradation; whereas gradual, normative development within the modern international human rights framework of the rights of migrants, independently of their legal status, represents a source of progress and collective pride for humanity; whereas migrants remain, however, among the most vulnerable groups worldwide and continue to face violations of their rights; whereas women, children and people with disabilities are amongst most vulnerable migrants; whereas migration continues to be for many individuals a human journey marred by suffering, discrimination and violence; whereas the European Union, as a historic region of both emigration and immigration and as a community united by founding values of human dignity, freedom and human rights, has a particular duty to respect, protect and promote the rights of migrants, notably in its external dealings;
Amendment 220 #
Motion for a resolution Paragraph 23 23. Calls for the EU and its Member States to pursue a migration policy that fully reflects the human rights of migrants as enshrined in both international and regional law; calls on the EEAS, the Commission and the Member States to engage with third countries on the rights of migrants as an integral dimension of the EU’s human rights policy; insists that the human rights and migration nexus be adequately covered within the framework of bilateral EU human rights dialogues with the relevant countries; calls on the EU Delegations in those countries to monitor closely the rights of migrants, particularly in countries of transit, including freedom of religion and belief; insists on the proactive engagement of the EU in countries where human rights defenders and civil society organisations, including those who are protecting the lives of migrants and asylum seekers who are at risk, are under threat or are being criminalised for their legitimate work;
Amendment 221 #
Motion for a resolution Paragraph 24 Amendment 222 #
Motion for a resolution Paragraph 24 24. Calls for the EU
Amendment 223 #
Motion for a resolution Paragraph 24 24. Calls for the EU to carry out a global campaign to support universal ratification of the Geneva Convention relating to the Status of Refugees and its 1967 protocol; urges
Amendment 224 #
Motion for a resolution Paragraph 24 a (new) 24 a. Calls for the EU to work together with concerned countries to identify and implement mitigation and adaptation solutions for communities at risk of being uprooted by the global climate crisis, and to promote multilateral cooperation on durable solutions for those who are eventually displaced;
Amendment 225 #
Motion for a resolution Paragraph 25 25. Believes that the EU must not take a leading role in supporting policy and normative developments in relation to the rights of migrants in multilateral fora;
Amendment 226 #
Motion for a resolution Paragraph 25 25. Believes that the EU must take a leading role in supporting policy and normative developments in relation to the rights of migrants in multilateral fora; calls on the Commission and the Member States to provide financial and political support for the relevant international and regional bodies
Amendment 227 #
Motion for a resolution Paragraph 25 25. Believes that the EU must take a leading role in supporting policy and normative developments in relation to the rights of migrants in multilateral fora; calls on the Commission and the Member States to provide financial and political support
Amendment 228 #
Motion for a resolution Paragraph 25 25. Believes that the EU must take a leading role in supporting
Amendment 229 #
Motion for a resolution Paragraph 25 25. Believes that the EU must take a
Amendment 23 #
Motion for a resolution Recital A A. whereas migration is a global phenomenon amplified by globalisation, rising conflicts, inequalities, and climate disruption
Amendment 230 #
Motion for a resolution Paragraph 25 a (new) 25 a. stresses the importance of the providing the true information regarding the immigrants and condemns the fake news and using immigrants as a part of the propaganda or for political activities as a kind of deliberate action creating a negative image of immigrants and a negative attitude towards them in the society;
Amendment 231 #
Motion for a resolution Paragraph 25 a (new) 25 a. An increased cooperation with the UN, and other actors, including increased financial contributions for UNHCR; international law applies equally across the globe, and other wealthy or middle- income countries could do more by offering greater financial support and/or accepting more refugees;
Amendment 24 #
Motion for a resolution Recital A A. whereas migration is a global phenomenon amplified by globalisation, rising conflicts, inequalities, and climate disruption; whereas gradual, normative development within the modern international human rights framework of the rights of migrants, independently of their legal status, represents a source of progress and collective pride for humanity; whereas migrants remain, however, among the most
Amendment 25 #
Motion for a resolution Recital A A. whereas migration is a global phenomenon amplified by globalisation, rising conflicts, inequalities, and climate disruption; whereas gradual, normative development within the modern international human rights framework of the rights of migrants, independently of their legal status, represents a source of progress
Amendment 26 #
Motion for a resolution Recital A a (new) A a. whereas Art. 79 of TFEU binds the EU Member States to the principle of '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';
Amendment 27 #
Motion for a resolution Recital A a (new) A a. Whereas the EU’s Communication on the Global Approach to Migration and Mobility (GAMM) of 2011 refers to a migrant-centred approach, in which human rights are said to occupy a central place, with the aim to strengthen ‘respect for fundamental rights and the human rights of migrants in source, transit and destination countries alike’;
Amendment 28 #
Motion for a resolution Recital A a (new) Aa. whereas external policy on migration, including protection of migrants' human rights, represents a challenge not just for the Member States in whose territory the external borders lie, but for the whole of the Union;
Amendment 29 #
Motion for a resolution Recital A a (new) A a. whereas only by addressing the root causes of migration - such as poverty, food and nutrition security, unemployment, instability and the lack of security in third countries of origin of illegal mass migration - we can solve the challenge of illegal migration;
Amendment 3 #
Motion for a resolution Citation 9 a (new) - having regard to the International Convention for the Protection of All Persons from Enforced Disappearance,
Amendment 30 #
Motion for a resolution Recital A b (new) Amendment 31 #
Motion for a resolution Recital B Amendment 32 #
Motion for a resolution Recital B B. whereas the Commission communication of 7 June 2016 on establishing a new Partnership Framework with third countries under the European Agenda on Migration, which builds on the GAMM principles, stresses that migration issues are at the top of the EU’s external relations priorities; whereas this framework calls for intensified cooperation with third countries, through ‘partnerships’ aiming at ensuring cooperation on migration management, in effectively preventing irregular migration and readmitting irregular migrants, including with positive and negative incentives stemming from different policy elements within EU competence, including neighbourhood, development aid, trade, mobility, energy, security and digital policies, all leveraged towards the same objective; whereas all such „partnerships“ need to have a clear legalbasis
Amendment 33 #
Motion for a resolution Recital B B. whereas the Commission communication of 7 June 2016 on establishing a new Partnership Framework with third countries under the European Agenda on Migration, which builds on the GAMM principles, stresses that migration issues are at the top of the EU’s external relations priorities; whereas this framework calls for intensified cooperation with third countries, through ‘partnerships’ aiming at ensuring cooperation on migration management, in effectively preventing
Amendment 34 #
Motion for a resolution Recital C C. whereas in its 2016 communication the Commission outlined three main objectives for cooperation with third countries, namely: saving lives in the Mediterranean sea, increasing the rate of returns to countries of origin and transit, and enabling migrants and refugees to stay close to home and to avoid taking dangerous journeys; whereas the 2016 Communication mentions the combat of irregular migration as a priority for the Union and introduces the “less for less approach”, whereby the Commission expresses its readiness to apply all EU tools and instruments with the exception of humanitarian aid, as negative incentives to achieve cooperation from third countries on readmission and border control;
Amendment 35 #
C a. whereas a comprehensive approach to migration and the asylum system requires strengthening the external dimension of European migration policy; whereas the link between the internal and external aspects of migration and cooperation with key countries of origin and transit is important; whereas the success of the external dimension depends on joint support at EU level and coordination of activities with external partners;
Amendment 36 #
Motion for a resolution Recital C a (new) Ca. whereas migration routes are often exploited by criminal organisations and human trafficking networks and whereas, in order to disrupt the business model of traffickers and thus prevent the tragic loss of lives, the incentives that push illegal migrants to embark on dangerous crossings must be eradicated;
Amendment 37 #
Motion for a resolution Recital C b (new) Cb. whereas the Canary Islands (Spain) are an external EU border facing the coasts of a key region for EU external action;
Amendment 38 #
Motion for a resolution Recital C c (new) Cc. whereas more than 20 000 migrants arrived by sea in the Canary Islands (Spain) throughout 2020, a rise of 1019% compared to the previous year;
Amendment 39 #
Motion for a resolution Recital D D. 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 and Good Practices; whereas, similarly to formal readmission agreements, such informal arrangements affirm states’ commitments to readmitting their nationals (or others) and establish procedures to carry out returns in practice; whereas since 2016, the
Amendment 4 #
Motion for a resolution Citation 13 — having regard to the work of various international human rights mechanisms, including the reports of the UN Special Rapporteur on the human rights of migrants, notably his follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants of 8 May 2015, as well as his report on the freedom of association of migrants of May 2020, and of other Special Rapporteurs, the Universal Periodic Review and the work of other treaty bodies,
Amendment 40 #
Motion for a resolution Recital D D. whereas since 2016 the EU has multiplied the number of informal agreements and arrangements
Amendment 41 #
Motion for a resolution Recital D D. whereas since 2016 the EU
Amendment 42 #
Motion for a resolution Recital D a (new) Amendment 43 #
Motion for a resolution Recital E E. whereas in its communication on the new Pact on Migration and Asylum of 23 September 2020, the Commission reiterated that the internal and external dimensions of migration are inextricably linked and that working in close collaboration with third countries is essential, therefore, in order to address valuable objectives for both sides, such as the root causes of illegal migration, combating migrant smuggling, helping refugees residing in third countries and supporting well-managed legal migration; whereas it emphasised, furthermore, that in the framework of these comprehensive partnerships with third countries migration should be built in as a core issue and linked to other policies, such as those relating to development cooperation, security, visas, trade, agriculture, investment and employment, energy, environment and climate change and education;
Amendment 44 #
Motion for a resolution Recital E E. whereas in its communication on the new Pact on Migration and Asylum of 23 September 2020, the Commission
Amendment 45 #
Motion for a resolution Recital E a (new) Ea. whereas the EU needs an asylum and migration policy which is strict but fair: strict towards those who seek to take advantage of European migration rules and enter the EU illegally, and fair towards those who are genuinely fleeing war and persecution;
Amendment 46 #
Motion for a resolution Recital E a (new) E a. Whereas the militarisation of the European Union's migration policies has resulted in an increase in military and defence budget, both at EU and Member State level; whereas private actors working in the defence and security sector have played a major role in the creation and design of these policies; whereas some of the companies contracted by the EU to strengthen border security are also selling arms and other security equipment to countries where human rights are violated;
Amendment 47 #
Motion for a resolution Recital E a (new) Ea. whereas the European Union's approach to migration is focused above all on establishing agreements with third countries in territories adjoining the European continent; whereas an increasingly large proportion of asylum seekers come from visa-exempt countries (27% of first-time applicants in 2019) and from Latin America in particular, specifically the Bolivarian Republic of Venezuela;
Amendment 48 #
Motion for a resolution Recital E a (new) Ea. whereas effective readmission of illegal migrants is a basic pillar of the new pact on migration and asylum presented by the Commission and should constitute an important element of the external dimension of the Union's migration policy;
Amendment 49 #
Motion for a resolution Recital F F. whereas the EU Action Plan on Human Rights and Democracy 2020-2024 commits the EU and its Member States to ‘advocate for the specific protection to which migrants, refugees, and internally displaced and stateless persons are entitled’; whereas this Action Plan commits the EU to ‘promoting non- discriminatory access to social services, including quality and affordable healthcare and education (also online), and build[ing] practitioners’ capacity to respond to the specific needs of (...) migrants [and] refugees’ and to ‘support[ing] a human rights-based approach to migration governance and strengthen[ing] the capacity of states, civil society and UN partners to implement this approach’; whereas the EU Gender Action Plan III commits the EU to ensuring that “the human rights of migrant women and girls are fully realised through gender- responsive migration policies, programmes and laws, and gender- responsive migration governance at global, regional and national levels reinforced”
Amendment 5 #
Motion for a resolution Citation 15 Amendment 50 #
Motion for a resolution Recital F F. whereas the EU Action Plan on Human Rights and Democracy 2020- 2024
Amendment 51 #
Motion for a resolution Recital F a (new) F a. whereas the EU Gender Action Plan III commits the EU to ensuring that "the human rights of migrant women and girls are fully realised through gender- responsive migration policies, programmes and laws, and gender- responsive migration governance at global, regional and national levels reinforced";
Amendment 52 #
Motion for a resolution Recital G G. whereas the 2015 report of the former UN Special Rapporteur on the human rights of migrants
Amendment 53 #
Motion for a resolution Recital G a (new) G a. 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 54 #
Motion for a resolution Recital G a (new) G a. I. whereas illegal pushbacks are repeatedly occuring at the EU external borders; whereas the Commission has so far not acted on its responsability to prevent and condemn such illegal pushbacks; whereas the Commission shifts the responsibility to the concerned MemberStates;
Amendment 55 #
Motion for a resolution Recital H H. whereas UN human rights experts warned that the COVID-19 pandemic is having serious and disproportionate effects on migrants and their families globally; whereas they have called on states to protect the rights of migrants and their families
Amendment 56 #
Motion for a resolution Recital H H. whereas UN human rights experts, NGOs and civil society organisations warned that the COVID-19 pandemic is having serious and disproportionate effects on migrants and their families globally; whereas they have called on states to protect the rights of migrants and their families, regardless of their migration status, both during and after the pandemic;
Amendment 57 #
Motion for a resolution Recital H a (new) H a. whereas the COVID-19 continuing pandemic not only deteriorated the situation of migrants coming to the EU, but also extended the period of examination of the asylum applications;
Amendment 58 #
1. Highlights that, alongside the Treaty-based obligation to pursue the values of respect for human dignity, the rule of law and respect for human rights and international law in all external dealings, the EU and its Member States have human rights obligations towards third-country nationals (TCNs) when cooperating on migration with third countries and other non-EU actors
Amendment 59 #
Motion for a resolution Paragraph 2 2. Stresses that these obligations require not only the
Amendment 6 #
Motion for a resolution Citation 16 a (new) - having regard to the Report of the UN Secretary-General: Smuggling of migrants and trafficking in persons in the Mediterranean Sea off the coast of Libya form September 2020 (S/2020/876) in particular violations faced by migrants and asylum seekers in Libya,
Amendment 60 #
Motion for a resolution Paragraph 2 2. Stresses that these obligations require not only the abstract recognition of the applicability of the relevant standards, but also an appropriate operationalisation through detailed and specific instruments that allow for effective protection and safeguards in practice as well as through a human rights-
Amendment 61 #
Motion for a resolution Paragraph 2 2. Stresses that these obligations require not only the abstract recognition of the applicability of the relevant standards, but also an appropriate operationalisation through detailed and specific instruments that allow for effective protection and safeguards in practice as well as through a human rights-
Amendment 62 #
Motion for a resolution Paragraph 3 3. Recalls that
Amendment 63 #
Motion for a resolution Paragraph 3 3. Recalls that
Amendment 64 #
Motion for a resolution Paragraph 3 3. Recalls that, in compliance with Article 3(5) and 21 TEU, the EU and, when applying EU law, the Member States, in their external and extraterritorial actions in the areas of migration, borders and asylum, sh
Amendment 65 #
Motion for a resolution Paragraph 3 3. Recalls that the EU and, when applying EU law, the Member States, in their external and extraterritorial actions in the areas of migration, borders and asylum, should pay specific attention to the rights enshrined in the Charter of Fundamental Rights, including the right to liberty, the right to asylum, human dignity and security, the prohibition of ill-treatment, slavery and forced labour, and the obligation to take the interests of the child as a primary consideration and to ensure non-discrimination and procedural guarantees such as the right to an effective remedy and data protection including the right to family reunification and preventing the situation of dividing children from their parents or legal guardians;
Amendment 66 #
Motion for a resolution Paragraph 3 3. Recalls that the EU and, when applying EU law, the Member States, in their external and extraterritorial actions in the areas of migration, borders and asylum, should pay specific attention to the rights enshrined in the Charter of Fundamental Rights, including the right to liberty, the right to freedom of religion, the right to asylum, human dignity and security, the prohibition of ill-treatment, slavery and forced labour, and the obligation to take the interests of the child as a primary consideration and to ensure
Amendment 67 #
Motion for a resolution Paragraph 3 d (new) 3 d. Calls on the EU to ensure that the New EU Pact on Migration and Asylum develops a human rights-based approach, ensures systematic compliance with International Conventions and values ensures accountability for human rights violations, including the violation of the principle of non-refoulement, through the European Commission’s infringement proceedings, and by setting up effective and transparent monitoring and reporting systems and sanctions towards Member States violating EU law; insists on the need to establish humanitarian corridors and safe and legal migration pathways for migrants and refugees to the European Union, including a significant increased contribution of EU member States to Global Resettlement Needs; calls on the EU to ensure that the New EU Pact on Migration and Asylum addresses the negative human rights impact of the externalisation of migration, asylum and border management policies, ensures that Member States will not outsource their protection responsibilities and search and rescue obligations, puts at the heart of its strategy a real mechanism for protection, inclusion and safe access to the European territory;
Amendment 68 #
Motion for a resolution Paragraph 3 f (new) 3 f. Deplores that the New EU Pact on Migration and Asylum furthers security and border control and undermines human rights; 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 69 #
Motion for a resolution Paragraph 3 a (new) 3 a. Regrets that the new Asylum and Migration pact focuses nearly entirely on migration management and foremost returns and readmissions, recalls the need to provide for safe and legal migration pathways;
Amendment 7 #
Motion for a resolution Citation 16 b (new) - having regard to the Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Libya, and the effectiveness of technical assistance and capacity-building measures received by the Government of Libya in particular the paralysis of the state’s security institutions by armed groups and militias,
Amendment 70 #
Motion for a resolution Paragraph 3 a (new) 3 a. emphasises the need for a cooperation between different sectors and entities to set channels of safe and legal migration;
Amendment 71 #
Motion for a resolution Paragraph 3 a (new) 3a. Reiterates that Member States need to ensure that the Union's external borders are properly controlled, with the aim of preventing illegal entry thereto, combating human trafficking and preventing lives being lost at sea; reiterates that, to achieve this, Member States have to be able to count on Union financial and material aid;
Amendment 72 #
Motion for a resolution Paragraph 3 b (new) Amendment 73 #
Motion for a resolution Paragraph 3 b (new) 3b. Notes that fair burden-sharing in the management of migration flows is a prerequisite for any truly European migration and asylum policy; reiterates that frontline Member States alone cannot deal with the migratory pressure on the entire European Union; points out that, according to the European Asylum Support Office, most asylum applications are dealt with by only five Member States;
Amendment 74 #
Motion for a resolution Paragraph 3 c (new) 3c. Notes that the external dimension must be a key element of the New Pact on Migration and Asylum; stresses the importance of increased cooperation between the Union and, in particular, the countries of the Southern Neighbourhood, in order to address the limitation of irregular migration flows, to combat trafficking in human beings and people smugglers and to guarantee migrants' human rights; urges the EU institutions and the Member States, to that end, to step up their relations with the countries of the Southern Neighbourhood through frequent political contacts, including in the framework of fora such as the Union for the Mediterranean;
Amendment 75 #
Motion for a resolution Paragraph 3 e (new) 3 e. Highlights the lack of effective monitoring and reporting of EU agencies and member states on the protection of unaccompanied foreign minors, both within EU territory and on states bordering it, in order to provide assurances for the implementation of the Convention on the Rights of the Child of 1989 and calls for the EU to ensure that member states inform on the mechanisms used to protect the rights included within the aforementioned convention;
Amendment 76 #
Motion for a resolution Paragraph 3 a (new) 3a. Is concerned about the rapid growth of unaccompanied migrant minors, whose presence has multiplied in recent years in some EU countries, which shows that criminal networks have found in them one of the main channels for their criminal activity;
Amendment 77 #
Motion for a resolution Paragraph 3 c (new) 3 c. Stresses the need to implement a gender perspective migration policy that guarantees the rights of women and girls and LGTBIQ+ asylum seekers and refugees, to immediately introduce gender sensitive asylum and migration procedures, including the assessment of asylum claims, and to step up work in order to ensure proper identification and protection against potential violence, harassment, rapes and trafficking even at reception centres across Europe; emphasises that all asylum seekers and migrants must be guaranteed access to essential services, including SRHR;
Amendment 78 #
Motion for a resolution Paragraph 3 a (new) 3 a. Draws attention to the specific types of violence and the particular forms of persecution to which LGBTI migrants are subjected; calls for support for the implementation of specific protection arrangements for LGBTI migrants and asylum-seekers in order to ensure that their vulnerability is taken into account and that their applications for protection are considered rigorously, even upon appeal;
Amendment 79 #
Motion for a resolution Paragraph 4 4. Observes that the Commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks, notably the GAMM and the new Partnership Framework, on the human rights of TCNs as well as 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 the EU’s external migration policy, paying particular attention to the EU- Turkey statement including the Facility for Refugees in Turkey, the EUTF, 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 8 #
Motion for a resolution Citation 18 a (new) - having regard to Article 80 of the Treaty on the Functioning of the European Union,
Amendment 80 #
Motion for a resolution Paragraph 4 4. Observes that the Commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks, notably the GAMM and the new Partnership Framework, on the human rights of TCNs as well as the human rights impact of the EU’s cooperation on migration with third countries, including the impact of EU’s support for partner countries’ border and security forces; 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 the EU’s external migration policy including with regards to the Facility for Refugees in Turkey in the framework of the EU-Turkey statement and the EUTF;
Amendment 81 #
Motion for a resolution Paragraph 4 4. Observes that the Commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks, notably the GAMM and the new Partnership Framework, on the human rights of TCNs as well as the human rights impact of the EU’s cooperation on migration with third
Amendment 82 #
Motion for a resolution Paragraph 4 4. Observes that the Commission has yet to evaluate the impact of the implementation of its successive migration policy frameworks, notably the GAMM and the new Partnership Framework, on the human rights of TCNs as well as the human rights impact of the EU’s cooperation on migration with third countries; insists on the need to carry out such an evaluation systematically and in a comprehensive, inclusive and public format with a view to ensuring the full human rights compliance of the EU’s external migration policy;
Amendment 83 #
Motion for a resolution Paragraph 5 5. Notes with great concern the absence of operational, reporting, monitoring, evaluation and accountability mechanisms at the level of
Amendment 84 #
Motion for a resolution Paragraph 5 5. Notes with concern the absence of operational, reporting, monitoring and accountability mechanisms at the level of individual cases to track and respond to potential violations, as well as the lack of effective judicial remedies for persons whose rights are allegedly violated
Amendment 85 #
Motion for a resolution Paragraph 5 5. Notes with great concern the absence of operational, reporting, monitoring, evaluation and accountability mechanisms at the level of individual cases to track and respond to potential violations, as well as the lack of effective judicial remedies for persons whose rights are allegedly violated as a consequence of EU and EU agencies cooperation with third countries, especially in the case of informal agreements and financial cooperation;
Amendment 86 #
Motion for a resolution Paragraph 5 a (new) 5 a. 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; deplores the fact that as a consequence of this trend, we witness the normalization and banalization of systematic violations of International Conventions;
Amendment 87 #
Motion for a resolution Paragraph 5 a (new) 5 a. 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 or leave the transit 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;
Amendment 88 #
Motion for a resolution Paragraph 6 6. Calls for the EU to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that explicitly commit to respecting human rights and the rights enshrined in the UN Refugee Convention, and to ensure that such cooperation does not lead to violations of those rights and offers operational means to nullify these agreements, seek remedy and ensure accountability should such violations occur; calls on the European Commission to formulate a plan and take all necessary measures to initiate or finalise negotiations and accordingly sign readmission agreements as soon as possible with migrants' countries of origin and transit, so as to ensure that they comply with international standards regarding the rights of migrants; calls on the Council to mandate the Commission to commence negotiations for the signing of readmission agreements with Syria, Afghanistan and Iraq; calls on the Council to mandate the Commission to negotiate European Union cooperation agreements with transit countries, with a view to combating organised crime networks engaged in the trafficking of illegal migrants;
Amendment 89 #
Motion for a resolution Paragraph 6 6. Calls for the EU to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that explicitly commit to respecting human rights and the rights enshrined in the UN Refugee Convention,
Amendment 9 #
Motion for a resolution Citation 20 a (new) - having regard to EU Regulation 656/2014: establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union,
Amendment 90 #
Motion for a resolution Paragraph 6 6. Calls for the EU to ensure that readmission agreements and agreements for cooperation on border management are
Amendment 91 #
Motion for a resolution Paragraph 6 6. Calls for the EU to
Amendment 92 #
Motion for a resolution Paragraph 6 6. Calls for the EU to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that explicitly commit to respecting human rights and the rights enshrined in the UN Refugee Convention, and to ensure that such cooperation does not lead to violations of those rights and offers operational means to nullify these agreements, seek effective remedy and ensure accountability should such violations occur;
Amendment 93 #
Motion for a resolution Paragraph 6 6. Calls for the EU to ensure that readmission agreements and agreements for cooperation on border management are only concluded with third countries that
Amendment 94 #
Motion for a resolution Paragraph 6 a (new) 6 a. 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 those transit countries; 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 95 #
Motion for a resolution Paragraph 6 a (new) Amendment 96 #
Motion for a resolution Paragraph 6 a (new) 6 a. Recalls that readmission as a stand-alone policy objective is not necessarily complementary or mutually reinforcing with other key EU-wide migration policy objectives, such as border control or addressing the root causes of mass irregular migration; calls on the Commission to conduct individual political-economy analysis of each partner country as a basis for tailoring migration dialogue with those countries;
Amendment 97 #
Motion for a resolution Paragraph 6 a (new) 6a. Reiterates that for the Union's migration policy to function properly and be sustainable, it should combine increased external cooperation with the countries of origin and transit with a substantial increase in the numbers of irregular migrants who are genuinely readmitted;
Amendment 98 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to
Amendment 99 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to ensure ex ante risk assessments, performed by
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