AMENDMENTS 1 - 66 · 2020. 11. 9. · Jan-Christoph Oetjen, Catherine Chabaud, Barry Andrews, Iskra Mihaylova, Stéphane Bijoux Draft opinion Paragraph 1 Draft opinion Amendment 1

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European Parliament2019-2024

Committee on Development

2020/2116(INI)

4.11.2020

AMENDMENTS1 - 66Draft opinionMiguel Urbán Crespo(PE658.918v01-00)

Human rights protection and the EU external migration policy(2020/2116(INI))

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AM_Com_NonLegOpinion

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Amendment 1Caroline Rooseon behalf of the Verts/ALE Group

Draft opinionParagraph 1

Draft opinion Amendment

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;

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 and related legal instruments, to address the challenge of protecting the human and social rights of all migrants, with the aim of increasing the effectiveness of our development cooperation wherever EU action is deployed and irrespective of their legal status;

Or. en

Amendment 2Antoni Comín i Oliveres




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

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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;

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Amendment 3György Hölvényi




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 people, including IDPs and vulnerable groups such as women and girls in conflict affected regions, disabled, elderly people , wherever EU action is deployed and irrespective of their legal status;

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Amendment 4Jan-Christoph Oetjen, Catherine Chabaud, Barry Andrews, Iskra Mihaylova, Stéphane Bijoux




1. Reaffirms that the right to migrate is a human right; calls on the Commission to build up development and humanitarian policies that are based on, promote and protect fundamental and human rights including for all migrants;

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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 not on EU domestic interests;

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 long-term approach towards migration, and not EU domestic interests;

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2. Recalls that EU development cooperation must have as its main objective the reduction and eradication of poverty and the improvement of human security; believes that EU development cooperation must be based on partner countries’ development agendas, following context-specific needs, population vulnerability assessments and a rights-based approach, and not on EU domestic interests

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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 calls for strong regional cooperation and involvement of local partners in the joint programming;

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2. Recalls that EU development cooperation must focus on the needs of the most vulnerable, including when it comes to migrants and refugees and must have as its main objective the reduction and eradication of poverty and inequality, the empowerment of individuals and the promotion of rule of law through a rights-based approach;

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Amendment 9

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Beata Kempaon behalf of the ECR Group




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 the specific needs of partner countries, particularly the needs of those in the mostvulnerable situations;

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Amendment 10Pierfrancesco Majorino, Patrizia Toia, Carlos Zorrinho




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;

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Amendment 11Miguel Urbán Crespoon behalf of the GUE/NGL Group


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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;

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Draft opinionParagraph 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;

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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;

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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;

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Draft opinionParagraph 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;

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Amendment 16Jan-Christoph Oetjen, Barry Andrews, Iskra Mihaylova, Stéphane Bijoux



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;

3. Welcomes the EU’s New Pact on Migration and Asylum; Reiterates that respect for migrants’ human rights are and shall remain central to the EU's Migration and Asylum policy; insists that the EU conduct a humane and safe border control and migration management;

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3. Takes note of the EU’s New Pact on Migration and Asylum; expresses its regret that the proposed measures are insufficient to establish a sustainable asylum system, strongly based on cooperation on return and readmission and to ensure respect for human rights and notes that the return and local resettlement of IDPs must be prioritised and supported to grant their rights to stay in their homeland;

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Amendment 18Beata Kempaon behalf of the ECR Group




3. Takes note of the EU’s New Pact on Migration and Asylum; expresses its regret that the proposed measures are insufficient to ensure an adequate EU border management and migration control;

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Amendment 19

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Miguel Urbán Crespoon behalf of the GUE/NGL Group




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;

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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;

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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;

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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;

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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;

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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

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Sea;

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Draft opinionParagraph 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;

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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

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Relating to Free Movement of Persons, Right of Residence and Right of Establishment;

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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;

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4. Insists on the need for humanitarian corridors and safe and legal migration pathways from neighbouring and developing countries into the EU;

4. Calls on the Commission for more efficient conflict management, in cooperation with local actors, insists on the need for humanitarian corridors to the nearest safe destination, in the case of armed conflicts and natural disasters, and calls for addressing the humanitarian

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needs at local level and for providing assistance for people voluntarily returning to their place of origin;

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4. Insists on the need for humanitarian corridors from neighbouring and developing countries into the EU; calls on the EU to tackle human trafficking networks;

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4. Notes the need for humanitarian corridors and safe and legal migration pathways from neighbouring and developing countries into the EU;

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Draft opinion

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Paragraph 4



4. Insists on the need to establish humanitarian corridors and further develop safe and legal migration pathways from neighbouring and developing countries into the EU in accordance with international commitments on human rights, to avoid human rights abuses and exploitation during the dangerous journey migrants have to undertake, and related trauma; underlines that women and children should benefit from specific protection and care throughout their journey and upon arrival in Europe; recalls that prioritisation and intensification of securitisation measures, such as Integrated Border Management often result in the deviation of usual migration routes and thus favour trafficking of human beings and smuggling of migrants;

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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

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opportunities, pushing migrants towards more dangerous routes;

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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;

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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;

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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;

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5. Reiterates that neither development assistance nor bilateral or multilateral partnerships with developing countries must be conditional on cooperation on migration policies;

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5. Notes that without strong cooperation on return and readmission policies there is no possibility to establish a sustainably asylum system in Europe, and notes that young people are the most valuable resource of developing countries in Africa, therefore it is the interest of partner countries to ensure that these people can return to their country of origin;

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Amendment 38Stéphane Bijoux




5. Stresses the need for coherence between development assistance and bilateral or multilateral partnerships established in developing countries and the EU’s migration policy, by using instruments, tools and levers to enhance the efforts of partner countries;

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Amendment 39Jan-Christoph Oetjen, Barry Andrews, Iskra Mihaylova




5. Reiterates that EU development assistance in bilateral or multilateral partnerships with developing countries cannot be conditional on the successful cooperation on migration policies with the EU; insists that development aid is not tied to the external security policies of the

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EU;

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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;

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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

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defined and implemented in full respect of human rights, including the right of every individual to leave his or her country of origin;

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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;

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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;

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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;

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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;

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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;

6. Acknowledges that EU Emergency Trust Fund for Africa (EUTF) is a flexible and effective tool of addressing root causes of migration as lack of security, unemployment, lack of education and poverty, expresses its concern about the possible misuse of development funds and calls for investigations any cases where the possibility of misuse of EU funds occurs, including validly proofed human rights violations;

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6. Stresses the need to provide direct assistance to refugees and migrants near the homes they fled or moved from, notably through strengthening effectiveness of such instruments as the EU Emergency Trust Fund for Africa (EUTF); expresses its deep concern about the misuse of development funds for actions that result in the violation of human rights in border management; deplores the alleged human rights violations linked to the EUTF in Libya, Ethiopia and Niger; reiterates the need for a thorough investigation into the alleged human rights abuses including those at EU borders; welcomes therein the introduction of a new independent monitoring mechanism in the Commission's New Pact on Migration and Asylum;

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6. Expresses its deep concern about the possibility to misuse development funds for mobility restriction and border control purposes, including those of the EU Emergency Trust Fund for Africa (EUTF), and the reported 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 not envisage any improvement in this field;

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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

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concerning potential violations of human rights, as well as protocols that should foresee the situations that would entail the suspension of a project;

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6. Expresses its deep concern about the possible misuse of development funds, 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;

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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 development and humanitarian objectives;

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

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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;

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7. Deplores the lack of transparency of the EUTF, the fact that Parliament is not involved in its scrutiny and that partner countries are not formally involved in its management; urges the Commission to present its final comprehensive review on the implementation of the EUTF to ensure that it falls in line with development, human right 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;

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Amendment 53

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György Hölvényi




7. Deplores the lack of transparency of the EUTF and the fact that Parliament's role is limited 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, by acknowledging that the financial architecture and coordination of the Trust Funds highly contributed to the application of nexus-approach in fragile settings;

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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;

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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;

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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;

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7 a. Calls on the EU to strive for formal agreements with partner countries on migration mobility, return- and readmission in line with the Charter of

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Fundamental Rights of the European Union and the Geneva Convention on the Status of Refugees; insists on the importance of the European Parliament's active participation in the development of these and existing agreements; stresses that future partnership agreements should be subject to parliamentary scrutiny and be based on the principles of solidarity, shared responsibility, respect for human rights, rule of law and international humanitarian law;

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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.

8. Reiterates that the NDICI budget dedicated to migration should be used to address the root causes of migration by strengthening EU’s humanitarian and development policy and aid effectiveness in cooperation with partner countries’ authorities and relevant international and local NGOs, including church and missionary organisations;

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8. Reiterates that the NDICI budget dedicated to migration should be used to

8. Reiterates that the NDICI budget dedicated to migration should be used to

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address the root causes of migration and not to control migratory flows or fund external border management.

address the root causes of migration and to improve human security also with facilitating peacekeeping and conflict management, better border control at the external border management.

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8. Reiterates that the NDICI budget dedicated to migration should be programmed and used exclusively to address the root causes of migration and forced displacement and not to control migratory flows, support return and readmission policies or fund external border management; calls on the Commission and Member States to commit to a maximum of 10% of the NDICI’s financial envelope to addressing the root causes of migration and forced displacement and to supporting strengthened engagement to facilitate safe, orderly, regular and responsible migration and the implementation of planned and well-managed migration policies and governance, including the protection of refugees and migrants’ rights based on international and Union law;

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Draft opinion

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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. 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.

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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.

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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; recalls that tackling the root causes of migration is the only way to achieve effective regulation of migration flows;

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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;

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8 b. Stresses the primacy of the principle of the best interests of the child in all aspects concerning children and considers it essential to apply specific procedures to ensure the protection of all

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children, in line with the United Nations Convention on the Rights of the Child;

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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;

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Documents

AMENDMENTS 1 - 66 · 2020. 11. 9. · Jan-Christoph Oetjen, Catherine Chabaud, Barry Andrews, Iskra Mihaylova, Stéphane Bijoux Draft opinion Paragraph 1 Draft opinion Amendment 1