EU Ombudsman accuses Brussels of hiding human rights risk assessment of migration deal with Tunisia

The European Ombudsman, Emily O’Reilly, accuses the European Commission of hiding the human rights risk assessment it carried out before signing the agreement with Tunisia to control migratory flows. It is one of the conclusions of the investigation carried out as a result of that controversial pact that involves a financial injection of 1,000 million euros, of which 150 are direct and without return conditions and 150 million are intended to improve the Tunisian borders. to prevent boats from going out to sea. After the investigations, it urges the community government to publish the analysis of the human rights situation that it carried out prior to signing that agreement as well as the “specific criteria” that would lead to suspending EU financing for violations of the human rights.

When questioned by the Ombudsman that an evaluation of the impact of this agreement on human rights had not been carried out, the European Commission praised that “it had sufficient information on which to base itself during the negotiations that led to the signing.” of the Memorandum of Understanding” that came from the supervision of the EU delegation in Tunisia as well as from field missions or “tripartite meetings” with Tunisian authorities and civil society. He also promised to carry out “periodic” evaluations of the situation.

“It is clear that a prior human rights impact assessment, or equivalent exercise, was essential before concluding the memorandum of understanding with Tunisia to establish measures to mitigate potential human rights violations,” O’Reilly states in the conclusions of the investigation in which it urges the European Commission to publish “a summary of its risk management exercise for Tunisia” as well as to periodically collect information on human rights in that country.

“The Commission should establish the criteria on which the suspension of contracts for human rights violations in the implementation of EU-funded projects in Tunisia would be based. These criteria must be made public,” says the Ombudsman. “The Commission should encourage its implementing partners to establish complaints mechanisms for people to report alleged violations of their human rights in the implementation of EU-funded projects and programs in Tunisia,” it adds in another of the recommendations.

Brussels closed the agreement with the Tunisian dictatorship at the beginning of 2023, despite warnings about the violation of human rights in that country and especially the mistreatment and persecution suffered by sub-Saharan migrants. In July of that year, hundreds of sub-Saharan migrants and refugees were illegally deported to the Tunisian border with Libya, and abandoned in a desert area with hardly any food or water. The NGO Human Rights Watch reported that they were arbitrarily arrested and that they suffered abuse during their detention and expulsion.

Despite all the complaints, and the rejection of political forces such as the social democrats, who are part of the ‘Von der Leyen majority’, the president of the European Commission carried out that agreement for which the Italian prime minister had especially pressured , Giorgia Meloni.

In a letter sent to EU leaders last week, in which she opened up about copying the far-right with the opening of deportation centers outside the EU, Von der Leyen boasted of the fruits of that agreement with Tunisia: “ So far in 2024, irregular arrivals have been reduced by nearly two-thirds on the central Mediterranean route. This can largely be attributed to the intensification of migration management and anti-smuggling operations carried out by the Tunisian authorities following the EU’s political commitment, in particular the Memorandum of Understanding with Tunisia, and further cooperation “close with the Libyan authorities.”

Following the conclusions of the Ombudsman, the European Commission has assured that it “takes note of the recommendations” it has made and has assured that it is willing to take measures to “improve” transparency as well as being committed to human rights “in all the world, including Tunisia,” despite the complaints.

According to data from the European Commission, almost 1.7 billion have been activated for Tunisia. In March 2024, 150 million euros of budget support were disbursed and last June an Investment Forum was held in which more than 900 million euros were finalized in investment programs in energy and transport infrastructure, in addition to putting 473 million euros of EU financial support for the 200 km underwater electricity interconnection between Italy and Tunisia is underway. The European Investment Bank (EIB) has signed a 65 million euro program to support the education system (25 of them are a subsidy). €105 million is also planned for migration-related programs in Tunisia. Of this budget, in June 2024, 53 million euros had been contracted for protection, deportation and reintegration and border management.

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