2023/2086(INI) | [ParlTrack]

Draft opinion
Paragraph 1

1. SuOpportses the ongoing negotiations between the EU and Senegal onfor the ~~establishment of a status agreement that provides for Frontex deployment in Senegal~~deployment of Frontex means to that third country; nNotes ~~however~~ that a status agreement between the EU and Senegal can only be established under the condition that it enshrines and adheres to strict fundamental human rights ~~guarantees~~conditions, including a clear human rights clause and guarantees of accountability concerning human rights violations of Senegalese authorities and Frontex in all their activities related to migration and asylum in Senegal and in the EU;

Amendment 10 #

Draft opinion
Paragraph 1 a (new)

1a. Opposes the policy of externalising EU borders, points out that on the "West Euro-African" border between 2018 and 2022, 7 865 people from 31 different countries, including 1 273 women and 383 children, would have died trying to reach the Spanish coasts of the Canary Islands in wooden canoes and dented rubber dinghies – an average of 6 victims every day and that it is one of the most dangerous migratory routes and deadliest in the world, is indignant at the fact that Frontex is participating, with military means, in the construction of walls in Senegal, by moving the European border towards the Senegalese coast;

Amendment 11 #

Draft opinion
Paragraph 1 a (new)

1a. Calls for the inclusion of an adequate human rights monitoring mechanism of Frontex activities in all Frontex missions in third countries and clear commitments to transparency and information sharing of Frontex activities in Senegal;

Amendment 12 #

Draft opinion
Paragraph 2

~~2. Calls on the Commission and the Fundamental Rights Officer to conduct an independent assessment of the human rights situation in Senegal as regards the treatment of migrants and refugees;~~deleted

Amendment 13 #

2. Calls on the Commission ~~and the Fundamental Rights Officer to conduct an independent assessment of the human rights situation in Senegal as regards the treatment of~~to create a returnee and asylum centre in Senegal where all Member States can send illegal migrants and ~~refugee~~asylum seekers;

Amendment 14 #

Draft opinion
Paragraph 2

2. Calls on the Commission ~~and the Fundamental Rights Officer~~ to conduct an independent assessment of the human rights situation in Senegal as regards the treatment of migrants and refugees before initiating negotiations with Senegal, in order to be able to fully consider the impact of potential cooperation and to negotiate the necessary safeguards;

Amendment 15 #

Maria ARENA

Draft opinion
Paragraph 2

2. Calls on the Commission ~~and the Fundamental Rights Officer~~ to conduct an independent assessment of the human rights situation in Senegal as regards the treatment of migrants and refugees; before advancing in the negotiations with Senegal, in order to be able to fully consider the impact of potential cooperation and to negotiate the necessary safeguards;

Amendment 16 #

Draft opinion
Paragraph 2

2. Calls on the Commission ~~and the Fundamental Rights Officer~~ to conduct an independent assessment of the human rights situation in Senegal also as regards the treatment of migrants and refugees before the status agreement can be approved;

Amendment 17 #

Draft opinion
Paragraph 2

2. Calls on the Commission and the Fundamental Rights Officer to conduct an independent assessment of the ~~human~~fundamental rights situation in Senegal ~~as regards~~relevant to the tarea~~tment of migrants and refugees~~s covered by the status agreement;

Amendment 18 #

Draft opinion
Paragraph 2

2. Calls on the Commission and the Fundamental Rights Officer to conduct an thorough and independent assessment of the human rights situation in Senegal as regards the treatment of migrants and refugees;

Amendment 19 #

Draft opinion
Paragraph 2 a (new)

2a. Welcomes that, under popular pressure, the government of Senegal has refused to sign the agreement; takes note of the fact that the negotiations are still ongoing; supports the social movement, civil society and the Senegalese trade union and political forces in their refusal of the programmes for border police training and the Frontex agreement;

Amendment 2 #

Draft opinion
Paragraph 1

Amendment 20 #

Draft opinion
Paragraph 3

3. ~~Maintains~~Underlines the fact that the launch of Frontex operational activities under a status agreement ~~should~~does not promote fundamental human rights and EU values; further underlines that the Frontex agency and several of its members are still under investigation by OLAF and ask therefore for the dissolution of this agency;

Amendment 21 #

Draft opinion
Paragraph 3

3. ~~Maintain~~Reiterates that the launch of Frontex operational activities under a status agreement should ~~promote fundamental human rights and EU values~~fully respect and promote human rights and EU values, including with regard to the protection of personal data, the principle of non- refoulement, the prohibition of arbitrary detention, the prohibition of torture and inhumane or degrading treatment or punishment and the right to leave one’s own country;

Amendment 22 #

Draft opinion
Paragraph 3

3. Maintains that the launch of Frontex operational activities under a status agreement should ~~promote~~ensure the respect of fundamental ~~human~~ rights ~~and EU value~~during these operations;

Amendment 23 #

Draft opinion
Paragraph 3

3. Maintains that the launch of Frontex operational activities under a status agreement sh~~ould promote~~all respect, promote and strengthen fundamental human rights and EU values;

Amendment 24 #

Draft opinion
Paragraph 3

3. Maintains that the launch of Frontex operational activities under a status agreement should promote fundamental human rights and EU values; considers that any status agreement leading to Frontex operations in third countries should integrate this aspect into their mission;

Amendment 25 #

Draft opinion
Paragraph 3

3. Maintains that the launch of Frontex operational activities under a status agreement should ~~promote fundamental human rights and EU values~~aim to ensure Europe’s security against mass immigration, criminality, trafficking and terrorism;

Amendment 26 #

Draft opinion
Paragraph 3

3. Maintains that the launch of Frontex operational activities under a status agreement should promote ~~fundamental human rights and EU value~~a prompt and resolute mass returnee process;

Amendment 27 #

Draft opinion
Paragraph 4

4. ~~Considers~~Is concerned that the immunity granted to Frontex staff members for their activities in Senegal may exacerbate the agency’s lack of accountability, as Frontex is still under charge both for its lack of transparency, including workplace harassment, mismanagement, and financial irregularities, and for its involvement in illegal pushbacks of asylum seekers and migrants at the EU’s external borders; considers necessary that Frontex staff who are granted immunity for their activities in Senegal must continue to be held accountable under EU or Member State law;

Amendment 28 #

Draft opinion
Paragraph 4

4. Considers that ~~Frontex staff who~~sound mechanisms must be established in order for Frontex staff deployed in Senegal to be accountable under EU or Member State law; calls in this regard for a re ~~granted~~view of the current provisions on immunity ~~for~~in the~~ir activiti~~ Model Status Agreement; calls on the Executive Director to adopt guidelines ion ~~Senegal must continue to be held accountable under EU or Member State law~~the mandatory waiving of immunity for deployed staff, specifying how requests from the third country authorities will be dealt with, as well as enshrining a strong role for the Fundamental Rights Officer; calls for the deployment of standing corps officers to be conditional on these guidelines;

Amendment 29 #

Draft opinion
Paragraph 4

4. Considers that Frontex staff who are granted immunity for their activities in Senegal ~~must~~, will continue to be held accountable under EU or Member States’ law; calls for clear, swift and efficient mechanisms to ensure that Frontex staff are held accountable for any participation, including by neglect, in violations of human rights of migrants and refugees of Senegal; considers that Frontex staff should not only avoid complicity in human rights violations by Senegalese security forces, but should actively denounce such actions;

Amendment 3 #

Maria ARENA

Draft opinion
Paragraph 1

1. ~~Supports the ongoing negotiations between the EU and Senegal on the establishment of a status agreement~~Notes that a status agreement can only be established under the condition that it strictly adheres to thate pro~~vides for Frontex deployment in Senegal; notes however that a status agreement can only be established under the condition that it enshrines and adheres to strict fundamental human rights guarantees~~tection of fundamental rights and personal data, the principle of non-refoulement, the prohibition of arbitrary detention and the prohibition of torture and inhuman or degrading treatment or punishment, as enshrined in Article 73(2) of Regulation (EU) 2019/1896;

Amendment 30 #

Draft opinion
Paragraph 4

4. Considers that deployed Frontex staff ~~who ar~~must be granted immunity for their activities in Senegal ~~must continue to be held accountable under EU or Member State law~~;

Amendment 31 #

Draft opinion
Paragraph 4

4. Considers that ~~Frontex staff who are granted immunity for their activities in Senegal must continue to be held accountable under EU or~~the immunity of members of Frontex from the jurisdiction of Senegal shall not exempt them from the jurisdiction of their respective home Member State ~~law~~;

Amendment 32 #

5. Calls for ~~clear guidelines and~~fundamental rights guidelines to be established and for training to be provided to Frontex staff deployed in Senegal as well as to Senegalese border guards;

Amendment 33 #

Draft opinion
Paragraph 5

5. Calls for clear guidelines ~~and training~~, prepared in consultation with experts and civil society organisations, and training, including human rights training, to be provided to Frontex staff deployed in Senegal;

Amendment 34 #

Draft opinion
Paragraph 5

5. Calls for clear guidelines and training to be provided to Frontex staff deployed in Senegal including the establishment of a better understanding of and sensibility for the regional human rights situation and the legal framework in which they operate, which includes international human rights and humanitarian laws and standards;

Amendment 35 #

Draft opinion
Paragraph 5

5. Calls for clear guidelines and human rights training to be provided to Frontex staff deployed in Senegal;

Amendment 36 #

Draft opinion
Paragraph 5

5. Calls for clear fundamental rights guidelines and training to be provided to Frontex staff deployed in Senegal;

Amendment 37 #

Draft opinion
Paragraph 5 a (new)

5a. Calls on the EU to assist Senegalese authorities to strengthen their capacity for training and education of Senegalese civil servants charged with processing asylum applications and complaints of asylum seekers;

Amendment 38 #

Draft opinion
Paragraph 6

~~6. Calls for consistent, regular and transparent reporting on Frontex activities concerning migration and asylum in Senegal;~~deleted

Amendment 39 #

Draft opinion
Paragraph 6

6. Calls for consistent, regular and transparent reporting on Frontex activities ~~concerning migration and asylum in Senegal~~in Senegal under the status agreement;

Amendment 4 #

Draft opinion
Paragraph 1

1. ~~Support~~Acknowledges the ongoing negotiations between the EU and Senegal on the establishment of a status agreement that provides for Frontex deployment in Senegal; ~~notes however~~insists that a status agreement can only be established under the condition that it enshrines and adheres to strict fundamental human rights guarantees;

Amendment 40 #

Draft opinion
Paragraph 6

6. Calls for consistent, regular and transparent reporting on Frontex activities concerning migration and asylum in Senegal, with a focus on human rights compliance and on the human rights- related context;

Amendment 41 #

Draft opinion
Paragraph 6 a (new)

6a. Considers that national and human rights institutions must have access to all information deemed necessary to scrutinise the impact of this status agreement on migration management in Senegal and to scrutinise the proceedings of Senegalese security forces in conducting migration management and its human rights risks and consequences;

Amendment 42 #

Draft opinion
Paragraph 7

7. ~~Notes the efforts made by Senegalese authorities in receiving and processing migrants and refugees in the region; c~~Calls for the EU to continue to support Senegal in providing adequate protection for migrants and refugees in transit and to assist in capacity building, and the strengthening of the asylum procedure;

Amendment 43 #

Draft opinion
Paragraph 7

7. Notes the efforts made by Senegalese authorities in receiving and processing migrants and refugees in the region; calls for the ~~EU to continue~~Commission to support Senegal in ~~provi~~building a~~dequate protection for migrants and refugees in transit and to assist in capacity building~~ mega returnee and asylum centre in accordance with local standards;

Amendment 44 #

Draft opinion
Paragraph 7

7. Notes the efforts made by Senegalese authorities in receiving and processing migrants and refugees in the region; highlights the repeated occurrences of pushbacks of migrants and refugees from Mauritanian and Malian borders to Senegal; calls for the EU to continue to support Senegal in providing adequate protection for migrants and refugees in transit and to assist in capacity building;

Amendment 45 #

Draft opinion
Paragraph 7 a (new)

7a. Highlights and condemns the repeated occurrences of pushbacks of migrants and refugees by Mauritanian and Malian security forces from Mauritanian and Malian borders to Senegal; reiterates and underlines that Frontex should not take part in any form of pushbacks; maintains that the allegations of Frontex involvement in pushbacks have not yet been processed and that a clarification is essential in order to envisage to externalise Frontex operations;

Amendment 46 #

Draft opinion
Paragraph 7 a (new)

7a. Calls on the Commission and Frontex to establish mechanisms for persons potentially affected by the Agency’s action on the territory of the third country to effectively seek remedy through external bodies, such as the Court of Justice of the European Union and the Ombudsman;

Amendment 47 #

Draft opinion
Paragraph 8

8. ~~Calls for the establishment of a robust complaint mechanism that is publicly accessible and for an incident reporting mechanism for Frontex activities~~Notes that it is up to Senegal to establish a complaint mechanism if they see fit;

Amendment 48 #

Draft opinion
Paragraph 8

8. Calls for the establishment of a ~~robust complaint mechanism that is publicly accessible and for an incident reporting mechanism for Frontex activities~~n efficient complaint mechanism;

Amendment 49 #

Draft opinion
Paragraph 8

8. Calls for the establishment of a robust complaint mechanism that is independent and publicly accessible and for an incident reporting mechanism for Frontex activities;

Amendment 5 #

Draft opinion
Paragraph 1

1. Supports the ongoing negotiations between the EU and Senegal on the establishment of a status agreement that provides for Frontex deployment in Senegal~~; notes however th~~ to create a ~~status agreement can only be established under the condition that it enshrines and~~returnee and asylum mega-centre; notes that the status agreement must adheres to ~~strict fundamental human rights guarantees~~the local legal framework;

Amendment 50 #

8. Calls for the establishment of a robust complaint mechanism that is publicly and easily accessible and for an incident reporting mechanism for Frontex activities as well as independent control of Frontex activities;

Amendment 51 #

Draft opinion
Paragraph 8

8. Calls for the establishment of a robust complaint mechanism that is publicly accessible and for an incident reporting mechanism for Frontex activities; considers that this incident reporting mechanism should guarantee the anonymity and confidentiality of individuals reporting on Frontex activities, that infringe on international humanitarian law or violate human rights;

Amendment 52 #

Draft opinion
Paragraph 9

~~9. Calls for the EU and Senegalese authorities to enable inclusive dialogue in the preparation of the status agreement;~~deleted

Amendment 53 #

Draft opinion
Paragraph 9

9. Calls for the EUMember States and Senegalese authorities to enable inclusive dialogue in the preparation of the status agreement and the building of the mega centre for return and asylum;

Amendment 54 #

Draft opinion
Paragraph 9

9. Calls for the EU and Senegalese authorities to enable ~~inclus~~constructive dialogue in the preparation of the status agreement;

Amendment 55 #

Draft opinion
Paragraph 9

9. Calls for the EU and Senegalese authorities to enable inclusive dialogue in the preparation of the status agreement; stresses in this context the importance of working with human rights organisations and NGOs to get a full picture of the human rights situation in the country;

Amendment 56 #

Draft opinion
Paragraph 9

9. Calls for the EU and Senegalese authorities to enable inclusive ~~dialogue in the preparation of the status agreement~~and transparent dialogue, open to civil society, in the preparation of the status agreement; calls for the EU to work on the basis of an equal partnership, in which demands of the Senegalese government are also respected vis a vis the willingness to engage in a Frontex status agreement and no unreasonable pressure is exerted, notably through the conditionalisation of tools in other policy areas such as development, trade or visa;

Amendment 57 #

Draft opinion
Paragraph 9 a (new)

9a. Is of the opinion that any Frontex deployment of personnel to Senegal and the conduct of operational activities with local and regional security forces can only take place under guarantees of adequate human rights protection for migrants and asylum seekers throughout the entire process of their application or return;

Amendment 58 #

Draft opinion
Paragraph 10

10. Considers that the EU and Frontex sh~~ould suspend their activities on migration and asylum carried out in cooperation with Senegalese authorities in the event of persistent human rights viola~~all step up their efforts to curb and control asylum fraud and illegal migration in cooperation with Senegalese authorities regardless of any oppositions;

Amendment 59 #

Draft opinion
Paragraph 10

10. Considers that the ~~EU and Frontex should suspend their activities on migration and asylum carried out in cooperation with Senegalese authorities in the event of persistent human rights violations~~cooperation between the EU and Senegal is of key importance to secure the Union’s borders and should be strengthened;

Amendment 6 #

Gabriel MATO, Francisco José MILLÁN MON, Juan Ignacio ZOIDO ÁLVAREZ, Javier ZARZALEJOS, Leopoldo LÓPEZ GIL, Antonio LÓPEZ-ISTÚRIZ WHITE

Draft opinion
Paragraph 1

1. Supports the ongoing negotiations between the EU and Senegal on the establishment of a status agreement that provides for Frontex deployment in Senegal; ~~notes however that a status agreement can only be established under the condition that it enshrines and adheres to strict fundamental human rights guarantees;~~

Amendment 60 #

10. Considers that the EU and Frontex should ~~suspend~~only consider the suspension of their activities on migration and asylum carried out in cooperation with Senegalese authorities in the event of persistent serious human rights violations;

Amendment 61 #

Draft opinion
Paragraph 10

10. Considers that ~~the EU and~~ Frontex should suspend their activities ~~on migration and asylum carried ou~~carried out under the status agreement in cooperation with Senegalese authorities in the event of ~~persistent human~~severe and repeated fundamental rights violations;

Amendment 62 #

Draft opinion
Paragraph 10

10. ~~Considers~~Is convinced that the EU and Frontex should suspend their activities on migration and asylum carried out in cooperation with Senegalese authorities in the event of ~~persistent~~ human rights violations;

Amendment 63 #

Draft opinion
Paragraph 10

10. Considers that the EU and Frontex should suspend their activities on migration and asylum carried out in cooperation with Senegalese authorities in the event of persistent human rights violations as set out under ICC standards;

Amendment 64 #

Draft opinion
Paragraph 10

10. Considers that the EU and Frontex should suspend their activities on migration and asylum carried out in cooperation with Senegalese authorities in the event of persistent violations of human rights violations or international protection obligations that are of a serious nature or are likely to persist, in line with Article 46(4) of Regulation (EU) 2019/1896;

Amendment 65 #

Draft opinion
Paragraph 10 a (new)

10a. Condemns the fact that a large part of European development aid is now conditioned on the fight against irregular migration; regrets that the majority of Member States have not achieved the target of devoting 0.7 % of their GNI to official development aid and that some have even lowered their percentage of development aid; insists that the aid provided by the EU and its Member States be carried out in full transparency and under parliamentary scrutiny; firmly opposes any subordination of this aid to migration, security or structural adjustment policies;

Amendment 66 #

Draft opinion
Paragraph 10 a (new)

10a. Calls on the Commission to support local civil society organisations that protect and promote the rights of migrants, as well as to fund the civil society monitoring of the cooperation of the Senegalese authorities with Frontex;

Amendment 67 #

Draft opinion
Paragraph 11

11. Calls on the Commission to ensure ~~that~~ the conclusion of ~~this status~~a new cooperation agreement with Senegal ~~and the Frontex’s activities in migration management in Senegal do not impede~~respectful of human beings, human rights and international law, refusing the externalisation of borders and promoting mutual development; highlights the right to freedom of movement of individuals as guaranteed under the Economic Community of West African States Treaty, which provides for the long-term establishment of a free movement zone for goods, capital and people.

Amendment 68 #

Draft opinion
Paragraph 11

11. Calls on the Commission to ensure that the conclusion of this status agreement with Senegal and the Frontex’s activities in migration management in Senegal do not impede the right to freedom of movement of individuals as guaranteed under the Economic Community of West African States Treaty, which provides for the long- term establishment of a free movement zone for goods, capital and peoplhalting asylum fraud and illegal migration via and in Senegal do not impede the construction and operation of the mega returnee and asylum centre.

Amendment 69 #

Draft opinion
Paragraph 11

11. Calls on the Commission to ensure that the conclusion of this status agreement with Senegal and the Frontex’s activities in ~~migration management in~~ Senegal do not impede the right to freedom of movement of individuals as guaranteed under the Economic Community of West African States Treaty, which provides for the long- term establishment of a free movement zone for goods, capital and people.

Amendment 7 #

Draft opinion
Paragraph 1

1. Supports the ongoing negotiations between the EU and Senegal on the establishment of a status agreement that provides for Frontex deployment in Senegal; notes however that athe status agreement ~~can only be established under the condition that it enshrines and adheres to strict fundamental human rights guarantee~~shall ensure that fundamental rights are fully respected during those operations;

Amendment 70 #

Draft opinion
Paragraph 11 a (new)

11a. Calls on the EU and its Member States to provide humanitarian visas to those at risk in Senegal;

Amendment 71 #

Draft opinion
Paragraph 11 b (new)

11b. Calls on the EU and its Member States to facilitate family reunification of Senegalese families in the EU;

Amendment 72 #

11c. Calls on the EU and its Member States to ensure international protection for Senegalese migrants and refugees in the EU, in accordance with international law;

Amendment 73 #

Draft opinion
Paragraph 11 d (new)

11d. Calls on the EU and its Member States to ensure that Senegalese migrants and refugees in their territories are protected, adequately assisted, and allowed to apply for asylum;

Amendment 74 #

Draft opinion
Paragraph 11 e (new)

11e. Calls on the EU Member States to support the application of the Temporary Protection Directive for Senegalese seeking international protection;

Amendment 75 #

Draft opinion
Paragraph 11 f (new)

11f. Calls on the EU and its Member States to ensure safe and legal pathways for migrants and refugees leaving or in transit across Senegal and seeking a better life in the EU;

Amendment 8 #

Draft opinion
Paragraph 1

1. Supports the ongoing negotiations between the EU and Senegal on the establishment of a status agreement that provides for Frontex deployment in Senegal and with the inclusion of a clear human rights clause and guarantees of accountability and reporting of human rights violations by Frontex of all their activities concerning migration and asylum in Senegal; notes however that a status agreement can only be established under the condition that it enshrines and adheres to strict fundamental human rights guarantees;

Amendment 9 #