The EU has not been fully transparent about the human rights risks related to a migration deal with Tunisia marred by allegations of abuse, the bloc’s ethics watchdog said on Wednesday.
Under a 2023 agreement, the 27-nation group has provided funds to the northern African country in exchange for help with curbing small-boat crossings to Europe.
EU funding rules state all money should be spent in a way that respects fundamental rights, but reports have since emerged of migrants being beaten, raped and mistreated by Tunisian authorities.
The European Commission however did not make public a risk evaluation conducted before the agreement was signed, and did not clearly state under which circumstances funds would be stopped, the EU’s ombudsman said, urging the EU’s executive body to fix that.
“The lack of publicly available information in this case… was clearly a cause for concern,” ombudsman Emily O’Reilly wrote, publishing the findings of an inquiry.
The commission said it had taken note of the ombudsman’s recommendations and stood ready “to consider ways of possible improvement specifically related to human rights monitoring”.
The report comes as irregular migration has shot back up the EU agenda following hard-right gains in several countries, with the 27 EU leaders last week calling on the commission to seek new ways to tackle the issue.
Many states see deals struck with Tunisia and other African countries with questionable human rights records as success stories.
Some would like to expand cooperation with non-EU countries to set up deportation and asylum processing centres outside the bloc.
‘Deeply disturbing’
Brussels gave Tunis 105 million euros ($116 million) to help it fight people smugglers and strengthen border management, in addition to 150 million euros in budgetary support.
The deal has been credited with contributing to a marked drop in crossings, but has also been decried by rights groups.
British newspaper The Guardian last month reported that officers from Tunisia’s national guard had committed “widespread sexual violence” against vulnerable migrant women.
And Human Rights Watch said last year migrants in the country faced violence and arbitrary detentions.
Such “deeply disturbing reports” were “impossible to overlook”, O’Reilly wrote. “Sustained vigilance on the part of the Commission is therefore essential,” she said.
The ombudsman found that while the commission said there was no need for a full “human rights impact assessment” before the deal was signed — something the ombudsman disagreed on — it did complete a similar “risk management exercise”.
But contrary to what normally happens with such rights assessments, the results were not publicised, O’Reilly said.
The ombudsman, who has no power to enforce recommendations, also called on the EU to better define the “exceptional circumstances” under which funding could be suspended because of rights violations.
She added that the commission should push international organisations and NGOs, through which funding is redistributed in Tunisia, to set up complaint mechanisms for individuals to report alleged abuses.
“Given recent reports of significant problems on the ground, this has assumed even greater importance,” O’Reilly wrote.
