Europe is on alert at the possibility of a new increase in the flow of migrants from the African continent following Niger's decision to revoke a law that criminalized human trafficking and, consequently, the transit of migrants through the country.
Niger is considered one of the main routes for illegal migration from the African continent to the European continent, as many people use the country to cross the Sahara desert and reach the Mediterranean Sea.
The law, identified as 2015-36, was approved in Niger in 2015 with the financial support of the European Union (EU), which sought to contain the migration crisis that was affecting the bloc at that time. The law provided for penalties of up to five years in prison and fines of up to R$45,000 for human traffickers who, in many cases, also helped facilitate the passage of thousands of migrants through Nigerien territory.
The law was revoked at the end of November by General Abdourahamane Tchiani, who is the leader of the military junta that has governed Niger since the coup d'état that overthrew President Mohamed Bazoum, which took place in July this year. Tchiani claimed that she “did not take into account the interests of Niger and its citizens”. The repeal of the legislation also resulted in the release of all prisoners previously convicted of the crime of human trafficking, as the military junta agreed that all convictions could be overturned retroactively.
The EU stated in September this year that 876 suspected human traffickers had been prosecuted in the African country under the law between 2017 and this year 2023.
The decision by Niger's military junta went against the interests of the EU and sparked a new alert on the old continent. European Home Affairs Commissioner Ylva Johansson said earlier this month that she “deeply regretted” Niger's decision and that she was “very concerned” about its consequences.
“There is a huge risk that this will cause new deaths in the desert, and that is the most worrying thing. But this will also probably mean more people coming to Libya and Algeria, for example, and then perhaps trying to cross the Mediterranean into the EU,” he said.
More than 60,000 migrants passed through Niger on their way to Libya and Algeria in the first half of 2023, according to a report by the International Organization for Migration (IOM), with the law still in progress. According to a treaty by the Economic Community of West African States (ECOAS), African citizens can move freely around the continent as long as they have an identification document.
Niger received funding from the EU that could reach almost 1 billion euros to approve the 2015 law. At that time, the country committed to preventing the transit of migrants through the Agadez region and controlling the local migration crisis. Agadez is a region in northern Niger where, according to reports, the local economy depended largely on trade generated by the passage of migrants.
According to the state website Voice of Americabefore the 2015 law, the residents of Agadez earned money from the transportation, accommodation and food services offered to thousands of migrants who passed through that location.
When it came into force at the end of 2015, the law was attended by protests and demonstrations by drug dealers and residents of Agadez, who were dissatisfied with the closure of what was their main source of income.
Despite this, it was put into practice and, subsequently, traffickers were arrested or fined and greater control over local migration was established. With the aim of trying to change the region's economic scenario, which previously depended on the passage of migrants, the EU helped finance professional retraining programs and allocated another 3 billion euros for Niger to try to mitigate the consequences of the reduction in irregular migration flows. on the economy of Agadez.
The EU also contributed to the development of new work paths, but, according to information from Voice of Americathe investment did not generate the necessary effect and many people were still dissatisfied with the new reality.
For the EU, Niger's repeal of the law also represents another setback after Tunisia rejected in October funding from the European bloc to help curb illegal immigration. The Nigerien population living in Agadez welcomed the end of it with a “party”, as a new increase in the migratory flow in the country and, mainly, in the region is expected.
The end of the 2015 law also called into question the EU's cooperation policy with African countries to try to reduce the causes and risks of illegal migration.
Domestically, the military junta's decision was seen as a way for the military to further win local support and retaliate for an EU decision to suspend aid payments that were intended for the country following the military coup that overthrew Bazoum. Before the coup, Niger was one of the EU's main partners in the region, having planned to receive more than €503 million in European funding between 2021 and 2024 to invest in initiatives including new migration management projects.
“These projects had several objectives, including combating illegal migration, improving public infrastructure, strengthening border capacity, but also assisting displaced populations,” he explained to the state website Voice of America Alia Fakhry, expert on EU-Africa migration policy at the German Council on Foreign Relations.
“One of these projects was the one that supported the State of Niger to build its border capacity and to draft this new law that would criminalize irregular migration and its facilitation – the work of traffickers, basically. And it is this law that has now been revoked by the military junta,” Fakhry told Voice of America.
In recent years, the EU has tried to strengthen cooperation with African countries to deal with the problem of illegal migration, offering funds and technical assistance to improve border control, combat human trafficking and socio-economic development.
Europeans have also sought readmission and repatriation agreements with migrants' countries of origin and transit, in addition to promoting the strengthening of asylum and protection capacities in neighboring countries. The EU has also supported evacuation and resettlement programs for refugees and vulnerable migrants who find themselves at risk in Libya and other countries.
However, these initiatives have faced several challenges, such as a lack of political will, resistance from civil society, resource limitations and coordination between the actors involved.
Analysts consulted by international agencies say that the repeal of the law by Niger could have effects on other countries in the region, such as Mauritania, Mali and Burkina Faso, which are also affected by migratory flows.
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