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10 Amendments of Tom VANDENDRIESSCHE related to 2023/2087(INI)

Amendment 3 #
Motion for a resolution
Citation 15
– having regard to the report of 14 July 2021 of the Committee on Civil Liberties, Justice and Home Affairs’ Frontex Scrutiny Working Group on the fact-finding investigation on Frontex concerning alleged fundamental rights violations and its recommendations,deleted
2023/07/18
Committee: LIBE
Amendment 12 #
Motion for a resolution
Recital C
C. whereas according to Regulation 2019/1896, in which the Commission recommends that the Council authoon 20 September, Frontex, the European Border and Coast Guard Agency, and Mauritanian authorities opened a risk analysis cell in Nouakchott within the framework of the Africa-Frontex Intelligence Community (AFIC); whereas cooperation between Frontex and 32 African countries in the AFIC community is a key element in fighting cross-border crisme and preventing security to negotiate a status agreement, it should asses the fundamental rights situation relevant to the areas covered by the status agrehreats affecting African countries and the EU; whereas currently eight risk analysis cells are part of the AFIC network, which are run by local analysts trained by Frontex, in order to collect and analyse data on cross- border crime and support authorities involved in border management; whereas such an assessment has not been performed yet;ith information on illegal border crossings, documenting fraud, trafficking in human beings and other types of cross-border crime.
2023/07/18
Committee: LIBE
Amendment 25 #
Motion for a resolution
Recital E
E. whereas Mauritania has no national legal asylum system in place; whereas the Office of theaccording to United Nations High Commissioner for Refugees (UNHCR) grants de facto protection with the issuance ofMauritania has decades-old open-door policy towards refugee cards and certificates on the basis of a memorandum with the authorities; whereas people deemed ineligible for protection are structurally deported by the authorities without further procedure; whereas this has included deportations of people whose cases have not been assessed by the UNHCR; whereas Mauritania’s current legal framework does not allow for effective protection of women and children, or of LGBTIQ+ persons; whereas same-sex activity is illegal in Mauritaniahosts over 71,000 Malian refugees in the southeast Hodh Chargui region; whereas more than 11,000 refugees and asylum- seekers comprising 40 different nationalities live in Nouakchott and Nouadhibou;
2023/07/18
Committee: LIBE
Amendment 37 #
Motion for a resolution
Recital F
F. whereas refugees and migrants in Mauritania continuously face systemic and serious human rights violations and ill treatment such as refoulement, arbitrary arrests and detention, (gender-based) violence, including cases of torture, exploitation, abusive detention conditions, extortion and theft, and abusive collective expulsionsaccording to the International Organisation for Migration (IOM) due to its geographical position, Mauritania has become an important transit site for migratory movements, including for irregular migrants journeying to Europe ;
2023/07/18
Committee: LIBE
Amendment 41 #
Motion for a resolution
Recital G
G. whereas Mauritania only formally abolished slavery in 1981, and was the last country in the world to do so; whereas slavery has only been criminalised since 2015; whereas the UN Special Rapporteur concluded in 2022 that the country had taken significant steps but theand continued existence of slavery and slavery-like practices, including practices of forced labour, remains a concern and has an impact on both migrants and Mauritanian citizenss to work on improving its political system in that regard;
2023/07/18
Committee: LIBE
Amendment 54 #
Motion for a resolution
Paragraph 1
1. Expresses its deep concern about the situation of fundamental rights in Mauritania, particularly for migrants and refugees, and considers that the deployment of Frontex executive powers in Mauritania entails a high risk of becoming complicit in serious and most likely persistent violations of fundamental rights or international protection obligations;Considers that the status agreement between the European Union and the Islamic Republic of Mauritania on operational activities carried out by the European Border and Coast Guard Agency (Frontex) in the Islamic Republic of Mauritania is a positive step towards fighting cross-border crime and preventing security threats to Europe.
2023/07/18
Committee: LIBE
Amendment 62 #
Motion for a resolution
Paragraph 2
2. Considers that if the Model Status Agreement fawills short of addressing the above-mentioned concerns, this could lead to accountability gaps in the event of fundamental rights violations committed either by the third country’s authorities and/or by Frontex’s deployed personnelpecifically help prevent irregular departures towards the Canary Islands and increase cooperation on border management and anti-smuggling activities;
2023/07/18
Committee: LIBE
Amendment 71 #
Motion for a resolution
Paragraph 3 – introductory part
3. Strongly urges the Commission and the Agency to: continue works on the status agreement between the European Union and the Islamic Republic of Mauritania.
2023/07/18
Committee: LIBE
Amendment 72 #
Motion for a resolution
Paragraph 3 – point 3.1
3.1 European Commission a. include explicit safeguards allowing deployed officers to disregard orders issued by the third country’s authorities that contradict the Agency’s fundamental rights obligations that derive from EU and international law; b. review the current provision on immunity from criminal prosecution by national authorities for deployed officers, in line with the principle of proportionality and in order to safeguard the right to an effective remedy for the individuals concerned; c. enshrine sufficient internal and external mechanisms for non-EU individuals to direct complaints towards the Agency, in line with the recommendations of the EU Ombudsman; d. include provisions about the Mauritanian authorities respecting fundamental rights during operations, including sound options that will ensure accountability in the event of violations; e. perform ex ante fundamental rights impact assessments before engaging in negotiations with third countries on the conclusion of Status Agreements, in order to be able to fully consider the impact of potential cooperation and to negotiate the necessary safeguards;deleted
2023/07/18
Committee: LIBE
Amendment 104 #
Motion for a resolution
Paragraph 3 – point 3.2
3.2 Frontex a. formalise the role of the Fundamental Rights Officer (FRO) when deciding whether to launch a joint operation in the third country covered by the Status Agreement, and treat the FRO’s opinion as binding; b. ensure that any operational plan establishing operations on the territory of Mauritania should: i. enshrine a formal mechanism for persons (in)directly affected or acting in the public interest, including third country nationals, to address complaints to the Agency about actions of deployed staff in the third country, and include clear provisions on the follow-up and tools of enforcement after complaints are lodged; ii. ensure a Frontex presence in critical areas where the apprehension of migrants is likely to take place, and envisage giving the FRO and Fundamental Rights Monitors full access to the operational area; iii. work closely with the UNHCR during operations in Mauritania in order to guarantee the right to asylum; c. adopt guidelines on 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 FRO; make the deployment of standing corps officers conditional on these guidelines; d. explore and 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 Ombudsman, the Court of Justice of the European Union or a different entity; e. provide fundamental rights training to the authorities as a core component of executive operations in third countries, including with regard to SAR obligations, and work on the improvement of the asylum system;deleted
2023/07/18
Committee: LIBE