64 Amendments of Malin BJÖRK related to 2015/2095(INI)
Amendment 8 #
Motion for a resolution
Citation 1 d (new)
Citation 1 d (new)
- having regard to the Convention on the Rights of the Child of 1989,
Amendment 8 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas women as well as LGBTI persons are subject to specific forms of gender based persecution, still too often not recognised in the asylum procedures;
Amendment 13 #
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas Fortress Europe policies, such as the ever increasing border controls, the building of fences and walls, make the border crossings and attempts to seek refuge in Europe increasingly dangerous and even deadly, and whereas women and children, elderly, and persons with disabilities, consequently often are left behind;
Amendment 16 #
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas women asylum seekers travel with children more often than men;
Amendment 17 #
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas there is a great degree of gender inequality for asylum applicants across the European Union; whereas women constitute on average one third of people who apply for asylum;
Amendment 20 #
Draft opinion
Recital B
Recital B
B. whereas victims of physical, psychological and sexual violence are already vulnerable and detention may exacerbate their trauma;
Amendment 30 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas family reunification, although a basic human right, is systematically delayed and even violated, and whereas women and children are the first victims of this right being denied or delayed;
Amendment 34 #
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas the integration process and rights of migrant women are undermined when their legal status is dependent upon their spouse;
Amendment 35 #
Draft opinion
Recital C c (new)
Recital C c (new)
Cc. whereas climate change is currently, and will continuously be, responsible for migration; whereas women who are employed within climate sensitive sectors, i.e. the agricultural sector are severely vulnerable;
Amendment 39 #
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that, regardless of legal status, decisions to detain should take account of past histories of trauma including experiences of sexual violence should be taken in account, and that the needs of pregnant women are more appropriately accommodated in tailored facilities;
Amendment 44 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for all detention of children in the EU to stop, and for parents to be able to live with their children in appropriate tailored facilities awaiting their asylum decision;
Amendment 47 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Opposes the use of detention of refugees, including pregnant women, children and breastfeeding mothers; stress the need to ensure that human rights are not violated;
Amendment 51 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Stresses that all EU migration and asylum policies and measures should take into account gender and origin in their design, implementation and evaluation;
Amendment 52 #
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls on the EU Member States to ensure that asylum procedures at borders comply with the UNHCR Guidelines on International Protection, in particular with regard to gender-related persecution;
Amendment 54 #
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Calls for women asylum seekers and migrants to be granted an independent legal status from that of their spouse, in order to avoid exploitation, decrease vulnerability, and achieve greater equality;
Amendment 56 #
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Calls for the strengthening of the rights to family reunification across the EU, as well as for improving the implementation, with swifter and less costly processes;
Amendment 58 #
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Emphasises that all migrant women and girls entering the European Union should be granted an independent legal status, whatever the reasons for the stay;
Amendment 60 #
Draft opinion
Paragraph 1 h (new)
Paragraph 1 h (new)
1h. Stresses that undocumented migrant women and girls should have full access to their basic fundamental rights and channels for legal migration should be developed;
Amendment 62 #
Draft opinion
Paragraph 1 i (new)
Paragraph 1 i (new)
1i. Emphasises the urgent need to open immediate legal, safe asylum routes, in order to avoid smuggling networks as well as to enable women, children, elderly and persons with disabilities to seek refuge without risking their lives;
Amendment 65 #
Motion for a resolution
Recital C
Recital C
C. whereas according to EASO data7 , in the first ten months of 2015 over 1 million applications for international protection were lodged in the EU, with numbers rising steadily since April, while the share of repeated applications has been simultaneously decreasing; and whereas around 9 % of applicants claim to bwere unaccompanied minors; __________________ 7 EASO Newsletter, November-December 2015, https://easo.europa.eu/wp- content/uploads/EASO-Newsletter-NOV- DEC_-20151.pdf.
Amendment 66 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that full access to the right to free public quality education, health care services, especially sexual and reproductive health and rights, employment and housing that meets the needs and abilities of migrant and refugee women and girls should be guaranteed by the hosting countries;
Amendment 74 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas a lack of gender- disaggregated data prevents clear understanding and analysis of the situation of women and girls who are refugees and asylum-seekers;
Amendment 75 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that exploitation in prostitution in the host country should be considered as a ground for granting asylum on humanitarian grounds;
Amendment 77 #
Motion for a resolution
Recital D d (new)
Recital D d (new)
D d. whereas, for the purposes of the UN Convention on the Rights of the Child, a child means every human being below the age of eighteen years;
Amendment 89 #
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that, notwithstanding fluctuation in refugee and migration flows which may put pressure on reception facilities, the needs of vulnerable people including women and girls should be prioritised at all times;
Amendment 94 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas the European Union has ratified the United Nations Convention on the Law of Sea (UNCLOS) which states in Article 98 that every state shall require the master of a ship flying its flag to render assistance to any person found at sea in danger of being lost and to proceed with all possible speed to the rescue of persons in distress, if informed of their need for assistance. In addition, every coastal state shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service;
Amendment 95 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the need for a holistic approach to migration with gender and climate sensitivity;
Amendment 96 #
Motion for a resolution
Recital F d (new)
Recital F d (new)
F d. whereas the European Union has ratified the 1979 International Convention on Search and Rescue at Sea (the SAR Convention), which obliges Member States to set up search and rescue areas and the related rapid intervention services requiring that parties shall provide assistance to any person in distress at sea, doing it regardless of the nationality or status of such a person or the circumstances in which the person is found, and that an operation to retrieve persons in distress provides for their initial medical treatment or other needs and delivers them to a place of safety.
Amendment 105 #
Draft opinion
Paragraph 5
Paragraph 5
5. Encourages the UNHCR to ensureDemands that the UNHCR gender guidelines be fully implemented by all Member States, and that the highest possible standards are in place for recruitment and that training which promotes a gender-based approach is provided for all staff.
Amendment 112 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that all forms of discrimination based on nationality in access to employment should be eradicated and the right to work should be secured, regardless of legal status, including for asylum seekers awaiting the outcome of their asylum claims.
Amendment 143 #
Motion for a resolution
Recital M
Recital M
M. whereas safe and legal routes for refugees to access the EU are limited, and many continue to take the risk of embarking on dangerous routes; and whereas the creation of new safe and lawful routes for migrants, asylum seekers and refugees to enter the EU, building on existing legislation and practices, would allow the EU and the Member States to have a better overview of the protection needs and of the inflow into the EU and to undermine the business model of the smugglers is the only way to prevent further deaths at sea;
Amendment 174 #
Motion for a resolution
Recital P b (new)
Recital P b (new)
P b. whereas climate change is one of the root causes for migration and the numbers will continue to increase due to an increasing unstable climate; definitions of "climate refugee" are still not classified as legal categorisations, neither are they protected under Geneva Convention.
Amendment 210 #
Motion for a resolution
Recital V
Recital V
V. whereas the current mechanisms of the Dublin system have failed to bestablish objective, to establish and fair criteria for allocating responsibility for applications for international protection and to provide swift access to protection; whereas the system is not being applied in practice, and explicit derogations have been adopted with two Council decisions on temporary relocation; and whereas the Commission has announced a proposal for a proper revision of the Dublin III Regulation by March 2016;
Amendment 227 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Condemns seizing of valuables from asylum seekers in order to finance the cost of their stay during the asylum procedures in a Member State which constitutes an infringement of the human dignity of the persons concerned and violates the right to property enshrined in Article 1 of Protocol 1 to the ECHR.
Amendment 239 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that the saving of lives is an act of solidarity with those at risk, but that it is also a legal obligation under international law, as Article 98 of the United Nations Convention of the Law of the Sea – ratified by all Member States and the Union itself – requires assistance to be given to any person in distress at sea; calls on Member States to align their national legislation accordingly;
Amendment 261 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recognising that international law binds Member States to set up search and rescue areas, urges Member States willing to take the lead to form a coalition of fair responsible sharing, search and rescue, relocation and resettlement with the support of reliable NGOs .
Amendment 264 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that private shipmasters or non-governmental organisations (NGOs) who genuinely assist persons in distress at sea should not risk punishment for providing such assistance; believes that merchant shipping should not provide an option in lieu of Member States and the Union fulfilling their obligations in terms of search and rescue;
Amendment 305 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Condemns the NATO intervention in the Aegean whose main aim is to "stem the flow" of refugees and migrants arriving in Europe; recalls that European governments support to such operation is a de-facto refoulement in violation of international law.
Amendment 362 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls nevertheless that the rights enshrined in Articles 4, 5 and 27 of the Dublin Regulation remain applicable and provide essential procedural guarantees to applicants for international protection such as the right to information, the right to a personal interview and the right to an effective remedy. The right to an effective remedy applies also when the procedural rights enshrined in the Regulation, including the right to information and to a personal interview, have not been respected during the relocation procedure.
Amendment 374 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that the establishment of urgent relocation measures is a move in the right direction, and; however, taking into account the very moderate results achieved so far, calls on Member States to fulfil their obligations with regard to those measures as soon as possible; believes that the swift registration and processing of eligible applicants is key to the effectiveness of the relocation mechanism; underlines therefore the need for additional registration and processing capacity as well as better coordination between all actors involved in the process; notes that preferences expressed by Member States and delays in acceptance can limit the effectiveness of the relocation plan and calls on Member States to remove these obstacles;
Amendment 379 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on Member States to further increase relocation pledges and step up processing capacities, including through EASO support, to ensure that a significantly higher number of applicants for relocation can be processed and transferred without delay; points out the need to provide applicants for relocation with petty cash as well, social worker assistance and regular information about relocation process during their waiting period in addition to food and housing;
Amendment 426 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically possible,as well as other genuine links with a Member State should be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop thecooperate with relocation procesdecisions;
Amendment 448 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Observes, furthermore,Further observes that, resettlement through the auspices of UNHCR is a well-establishedcrucial humanitarian programme, and is a usefulthe main tool forto managinge orderly arrivals of persons in need of international protection onto Member State territories;
Amendment 501 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Points out that humanitarian visas provide persons in need of international protection with means of accessing a third country in order to apply for asylum; calls on the Member States to make use of any existing possibilities to provide for humanitarian visas at Union embassies and consular offices in countries of origin or transit countries, and to create such programs where they do not currently exist;
Amendment 533 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls on the Member States and the Commission to take the necessary measures to provide information and ensure transparency concerning the detention of migrants and asylum-seekers in numerous Member States, and urges the Commission to propose a revision of Regulation 862/2007 so that it will include gender-differentiated statistical data on the operation of detention facilities; this revision should also require collection of gender-disaggregated data at registration sites and in first-line and long-term reception facilities, as well as data on vulnerable groups such as but not limited to LGBTI persons or with disabilities, in order to improve understanding of and response to the specific needs of refugees and asylum-seekers;
Amendment 536 #
Motion for a resolution
Paragraph 29 d (new)
Paragraph 29 d (new)
29d. Following the consolidated jurisprudence of the ECtHR, considers that the detention of vulnerable groups as defined in Article 21 of Directive 2013/33/EU should be forbidden and these individuals placed in open facilities tailored to handle their needs;
Amendment 537 #
Motion for a resolution
Paragraph 29 e (new)
Paragraph 29 e (new)
29e. Notes that personnel at registration and reception facilities should be trained to screen for and respond appropriately to reasons for asylum-seeking linked to sexual and gender-based violence;
Amendment 541 #
Motion for a resolution
Paragraph 29 i (new)
Paragraph 29 i (new)
29i. Condemns any attempt to send back asylum-seekers to "safe third countries" as proposed by the Dutch presidency and the European Commission in its Communication of 10.02.2016; recalls such measures would be in violation of the right to international protection enshrined in the Geneva Convention;
Amendment 550 #
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Points out that the current Dublin Regulation has been deemed unlawful; takes the view that a new asylum and migration framework should focus on the best interest of the unaccompanied minors, in order not to not to prolong unnecessarily the procedure for determining the Member State responsible, and to ensure that unaccompanied minors have swift access to the procedure for determining the international protection status.
Amendment 605 #
Motion for a resolution
Paragraph 35 c (new)
Paragraph 35 c (new)
35c. In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States;
Amendment 701 #
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Calls on Member States to ensure that integration measures should include specific measures for women asylum seekers and refugees.
Amendment 708 #
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Points out to the urgent need of facilitating family reunification; condemns in this respect all changes in national legislations that have led to restricting the right to family life of persons fleeing persecutions and its dramatic consequences for families being separated and at risk of death or starvation in countries of origin and transit.
Amendment 712 #
Motion for a resolution
Paragraph 46
Paragraph 46
46. Underlines that Member States should overcome any legal and practical obstacles to arrive at swifter decisions on family reunification by removing discriminatory requirements and limitations on family reunification (e.g. age or time limitations, minimum income requirements above minimum wage);
Amendment 828 #
Motion for a resolution
Paragraph 54
Paragraph 54
54. Underlines, in any event, that any list of safe countries of origin should not detract from the principle that every person must be allowed an appropriate individual examination of his or her application for international protection; it must be ensured that specific reasons for persecution, particularly those related to gender, sexual orientation and gender identity, are addressed appropriately throughout the examination of each application, also from persons coming from countries that are on such a list;
Amendment 857 #
Motion for a resolution
Paragraph 60
Paragraph 60
60. Notes the recent role of Frontexat Frontex has substantially failed in rendering proactive assistance to any vessel orf person in distress at sea, and acknowledges its contribution, through the Triton and Poseidon joint operations, to the rescuing and saving of many lives in the Mediterranean; Believes other agencies and actors should take the lead with regards to search and rescue operations;
Amendment 881 #
Motion for a resolution
Paragraph 62 a (new)
Paragraph 62 a (new)
62 a. Recalls that the European Ombudsman and various NGOs have highlighted the problematic aspect of the respect of human rights of migrants in relation with the operations carried out by Frontex; insists, therefore, that the management of the external borders of the Union has to comply with the relevant and binding international and European provisions in terms of respect of fundamental rights, non refoulement and the provisions of the asylum acquis;
Amendment 887 #
Motion for a resolution
Paragraph 64
Paragraph 64
Amendment 984 #
Motion for a resolution
Paragraph 77 a (new)
Paragraph 77 a (new)
77a. Calls therefore for the revision of Article 1.2 of the Council Directive 2002/90/EC to provide for a mandatory exemption from criminalisation for 'humanitarian assistance' in cases of entry, transit and residence of third country nationals;
Amendment 1008 #
Motion for a resolution
Paragraph 82
Paragraph 82
82. Understands that the external dimension should focus on cooperation with third countries in tacklingCalls for negotiations to be stopped on all types of agreements with third countries which do not guarantee the proot causes of, and addressing, irregular flows to Europe; understands that partnerships and cooperationtection of refugees and respect for fundamental rights, i.e. with key countries of origin, transit and destination should continue to be a focus, for example through the Khartoum and Rabat processes, the Africa-EU migrasuch as Eritrea, Sudan, Somalia, Ethiopia and Egypt, from where refugees are fleeing; calls, further, for the suspension of all financial aid to the Egyptioan and mobility dialogue, the Budapest Process and the Prague ProcesEritrean regimes, in the light of the reports by the UN and NGOs on severe and growing human rights abuses in those countries;
Amendment 1042 #
Motion for a resolution
Paragraph 86 b (new)
Paragraph 86 b (new)
86b. Condemns Turkey's assault against the Kurdish population –inside and outside Turkey - and the widespread reports of violation of migrant and asylum rights, including of the non-refoulement principle, within its territory;
Amendment 1086 #
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long -term, much greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as – war, poverty, corruption, dictatorial regimes, climate change and natural disasters, ethnic cleansing, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe looks at how to help re-build those countries; points out that this and avoid military interventions which have already demonstrated their capacity to create chaos in foreign States and Regions; Points out that means that the Commission and the Member States must put up the money to help build capacity in third countries,; such as by facilitating investment and education,; strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there; ;
Amendment 1099 #
Motion for a resolution
Paragraph 92 a (new)
Paragraph 92 a (new)
92a. Expresses its concerns at the rising number of climate refugees; calls for serious recognition of the issue of climate refugees and the scope thereof, resulting from climate disasters caused by global warming;
Amendment 1100 #
Motion for a resolution
Paragraph 92 b (new)
Paragraph 92 b (new)
92b. Reiterates the need of a definition of climate refugees and a multilateral legal instrument to address the needs of climate refugees in order to protect people fleeing events triggered by climate change, deplores the fact that the status of 'climate refugee' is not yet recognised and leaves a legal loophole affecting victims that cannot benefit from refugee status;
Amendment 1148 #
Motion for a resolution
Paragraph 103
Paragraph 103
103. RStressing the crucial role played by NGOs and volunteers in the protection of migrant and asylum seeker's rights, reiterates that civil society involvement in the development of Union actions and national programmes must be ensured, in line with the partnership principle as laid down in AMIF; proposes that, at Union level, thought could be given to regular consultation between the Commission and relevant civil society organisations working on migration, asylum and integration issues;