The European Commission was not transparent about the human rights information it relied on before signing an agreement with Tunisia that includes EU funds for border management, according to a report published by the European Ombudsman on Wednesday.
The so-called EU-Tunisia Memorandum of Understanding (MoU) was signed last year. It prompted the Ombudsman to open an inquiry about the respect of human rights in the agreement amid public concerns about the human rights situation in Tunisia and reports of mistreatment of migrants in the country.
In April, the Ombudsman decided to launch a “strategic inquiry” asking for clarifications about the Commission’s previous replies and requesting to inspect documents related to the MoU. In its decision, the Ombudsman found that the Commission had carried out a risk assessment exercise instead of a formal human rights impact assessment (HRIA).
A spokesperson of the Ombudsman told The Brussels Times that the Commission had not pro-actively shared the risk management exercise with it during the initial information-gathering.
According to the Commission, there is no requirement to conduct an impact assessment prior to signing an MoU. This is because the MoU is a non-binding political agreement, setting out an understanding of shared objectives, including in the area of migration. Anyway, it claimed that it had sufficient information on which to rely during the negotiations leading to the signature of the MoU.
In her assessment, the Ombudsman, Emily O’Reilly, did not accept the Commission’s reasoning although the risk assessment exercise took into account criteria similar to those used in a standard prior HRIA. These assess among others the state of human rights, democracy, the rule of law, security and conflict in the relevant partner country.
After reading the risk management exercise, were there reasons for the Commission not to conclude the MoU or strengthen the human rights conditions? The Ombudsman declined to comment on the political decision to sign the MoU itself and referred to its report.
The report says that the MoU refers only in general terms to respect for human rights, dignity and international and does not contain any provisions on human rights safeguards, such as setting up a monitoring mechanism or provisions concerning suspension/termination of funding in case of human rights violations.
“While the Ombudsman finds it reassuring that the Commission did in fact examine carefully and diligently the human rights impact in advance of signing the MoU, she remains convinced that a prior HRIA is preferable, particularly as it is usually made available for public scrutiny… It is also impossible to overlook, in this context, the deeply disturbing reports that continue to emerge about the human rights situation in Tunisia.”
The Ombudsman asked the Commission to set out and publish concrete criteria for when it would suspend EU funding to projects in Tunisia due to human rights violations. The Commission should also encourage organisations monitoring human rights in Tunisia to set up complaint mechanisms where individuals can report alleged violations of their human rights in the implementation of the funds.
A Commission spokesperson commented that the Commission “underlines the consistently constructive and effective working relations between the Commission and the Ombudsman, with the common aim to promote good administrative practices. The Commission attaches great importance to transparency and accountability.”
The Commission took also note of the Ombudsman’s recommendations and welcome the fact that the Ombudsmanhas recognised that the “various monitoring measures described by the Commission, should produce periodic assessment of the human rights impact of actions under the MoU” with Tunisia.
The Ombudsman has asked the Commission to inform it by the end of January 2025 of the actions it has taken in relation to the suggestions for improvement. The recommendations are also relevant for agreements with other non-EU countries, particularly where there is a risk of human rights impacts on those directly affected.
M. Apelblat
The Brussels Times
