The European Commission is facing criticism for its refusal to release the findings of a human rights inquiry it conducted in Tunisia prior to the announcement of a controversial migration deal with the increasingly authoritarian nation.
According to a recent investigation by the EU ombudsman, it has come to light that the Commission carried out a “risk management exercise” regarding human rights concerns in Tunisia but has chosen not to disclose the results. Despite the contentious nature of the deal established last year—linked to numerous allegations of abuse—Brussels has consistently claimed that there was no need for a human rights impact assessment (HRIA).
“The ombudsman found that, despite the Commission’s assertions that a prior HRIA was unnecessary, it had actually completed a risk management exercise concerning Tunisia before the agreement was signed,” stated the ombudsman in a report released on Wednesday.
The EU-Tunisia migration pact, unveiled in July 2023, involves a €150 million ($125 million) fund aimed at preventing migrants from reaching Europe. This deal was announced even as reports indicated that Tunisia was becoming increasingly repressive, with its police operating with relative impunity.
A recent investigation by The Guardian highlighted troubling abuses by EU-funded security forces in Tunisia, including allegations that members of the Tunisian national guard were responsible for raping migrant women and mistreating children. Following this, evidence of extensive abuse against sub-Saharan migrants was submitted to the International Criminal Court (ICC).
The situation seems to have worsened since then, particularly after the re-election of Tunisia’s autocratic president, Kais Saied, known for his racially charged comments toward migrants from sub-Saharan Africa.
In her report, ombudsman Emily O’Reilly criticized the European Commission for its lack of transparency regarding known human rights abuses before the deal was announced, emphasizing that an explicit HRIA would have been “preferable” given that such assessments are typically made public.
O’Reilly also raised concerns about the processes in place for suspending or reviewing funding in light of human rights violations associated with EU funding. She urged the establishment of “concrete criteria” for suspending EU funding to projects in Tunisia linked to human rights abuses.
Earlier this month, The Guardian revealed that the EU has been unable to recover any of the €150 million paid to Tunisia, despite the link to human rights violations. O’Reilly called for the creation of complaint mechanisms for organizations monitoring human rights in Tunisia, allowing individuals to report alleged violations related to EU-funded initiatives.
In response to the ombudsman’s findings, a Commission spokesperson stated that its “risk management exercise” regarding human rights concerns in Tunisia is standard practice with all partner countries receiving EU budget support. The spokesperson noted that the exercise considered criteria similar to those found in a typical HRIA, including aspects related to human rights, democracy, and the rule of law in the partner country.
“The Commission, however, did not proactively share this information, including with the ombudsman,” the report said. The spokesperson also reaffirmed the EU’s commitment to human rights advocacy globally, including in Tunisia, and acknowledged the ombudsman’s recommendations for improvement, reiterating a commitment to transparency and accountability.
