On the ongoing negotiations on a status agreement on operational activities carried out by the European Border and Coast Guard Agency (Frontex) in Senegal
AFET-AD-749909
Committee on Foreign Affairs · Rapporteur: JanChristoph Oetjen
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The Committee on Foreign Affairs gives suggestions to the lead committee on the negotiations for a status agreement allowing Frontex to operate in Senegal. It asks for human rights safeguards, monitoring, accountability and complaint mechanisms, and for an independent assessment of Senegal's human rights situation before talks conclude.¶¶¶ It wants Frontex staff to remain accountable under EU or member state law, with guidelines on waiving immunity, and training for Frontex staff and Senegalese border guards. It calls for EU help to Senegal on asylum processing and for support to local civil society.¶¶¶ It says Frontex must not take part in pushbacks, that activities should be suspended if serious human rights violations persist, and that any deployment can only happen where adequate human rights protection is guaranteed.¶¶¶ It also asks for transparent reporting, access for national and human rights institutions, dialogue with local organisations, respect for freedom of movement under the ECOWAS Treaty, and safe and legal pathways for migrants and refugees.¶¶¶
Committee position. The Committee on Foreign Affairs proposes that the lead committee incorporate its suggestions into its motion for a resolution, asking for human rights safeguards, monitoring, accountability and assessment before any Frontex status agreement with Senegal is concluded.¶
Key points
- Acknowledges the EU-Senegal negotiations on a Frontex status agreement and notes Senegal's reluctance to sign; insists on a human rights clause, accountability and reporting of violations.¶
- Calls for a human rights monitoring mechanism for Frontex missions through Fundamental Rights Monitors in third countries and commitments to transparency and information sharing.¶
- Calls on the Commission to carry out an independent assessment of the human rights situation in Senegal before concluding negotiations.¶
- Underlines that Frontex operations must respect human rights, personal data protection, non-refoulement, and the bans on arbitrary detention and torture.¶
- Says Frontex staff with immunity must stay accountable under EU or member state law; calls for guidelines on waiving immunity and for staff to denounce human rights violations.¶
- Calls for guidelines and training for Frontex staff and Senegalese border guards on human rights and humanitarian law, and for EU help to Senegal on asylum processing.¶¶
- Calls for regular transparent reporting on Frontex activities in Senegal, and for national and human rights institutions to have access to information to scrutinise the agreement's impact.¶¶
- Condemns pushbacks from the Mauritanian and Malian borders to Senegal; says Frontex must not take part in pushbacks and calls for a remedy mechanism for people affected by Frontex actions.¶
- Calls for an independent, accessible complaint mechanism and an incident reporting mechanism guaranteeing anonymity and confidentiality for reporters.¶
- Calls for inclusive dialogue in preparing the agreement and for EU dialogue with local human rights and non-governmental organisations.¶
- Says deployment can only happen where adequate human rights protection is guaranteed, and that activities should be suspended in the event of persistent and serious human rights violations.¶¶
- Calls for transparent, parliamentary-scrutinised development aid, support to local civil society, respect for ECOWAS freedom of movement, and safe and legal pathways to the EU.¶¶¶
Who is affected
- Frontex and its staff deployed in Senegal, who would face monitoring, training, immunity and accountability rules.¶¶¶
- Senegalese authorities and border guards, who would receive training, capacity building and be subject to scrutiny.¶¶
- Migrants, refugees and asylum seekers in Senegal, who would gain protection, complaint and remedy mechanisms.¶¶¶
- Local civil society and human rights organisations, which would be supported and consulted.¶¶
- EU institutions and member states, which would provide aid, ensure safe pathways and respect freedom of movement.¶¶¶
Figures and deadlines
- Article 73(2) of Regulation (EU) 2019/1896, cited as the basis for human rights conditions.¶