“Action file” on Tunisia outlines EU’s externalisation plans
Topic
Country/Region
15 March 2024
An “action file” obtained by Statewatch lays out the objectives and activities of the EU’s cooperation on migration with Tunisia – whose government was heavily criticized by the European Parliament this week for “an authoritarian reversal and an alarming backslide on democracy, human rights and the rule of law.”
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A long-standing relationship: former European Commissioner for Migration & Home Affairs, Dimitris Avramopoulos, meets former Tunisian President Beji Caid Essebsi in 2017. Image: Dimitris Avramopoulos, CC BY-SA 2.0 DEED
This article is published in partnership with Migration-Control.info.
Externalisation of migration control
The document (pdf), produced as part of the Operational Coordination Mechanism for the External Dimension of Migration (MOCADEM) and circulated within the Council in December 2023, summarizes ongoing EU efforts to externalise migration and border control to Tunisia. It covers the main developments since the signature of the EU-Tunisia Memorandum of Understanding of July 2023.
The MoU is cited in the document as a cooperation “framework” whose implementation shall “continue”. Criticism also continues, with the organization Refugees International arguing:
“The short-term securitisation approach to Tunisia advanced by Team Europe is… likely to fail on at least two fronts: both on its own terms by failing to stem irregular migration, and on legal and ethical terms by tying EU support to the inevitability of grave human rights abuses by Tunisian authorities.”
From the document it is clear that the EU has intensified political and technical outreach to Tunisia through high-level visits from both EU and member state representatives and that the Tunisian authorities are involved in different initiatives, including through EU agencies, such as Europol and Frontex. The European Police College (CEPOL), the EU Agency for Asylum (EUAA) and Eurojust are also mentioned as potential actors for cooperation.
The measures listed in the document target all potential migration from Tunisia to the EU. However, distinctions are drawn – including in the language used – between measures addressed to non-Tunisian nationals and measures addressed to Tunisian nationals.
Measures addressed to non-Tunisian nationals
For non-Tunisian nationals, “preventing irregular departures from, as well as irregular arrivals to Tunisia” is the key objective of ongoing cooperation in the areas of border management, anti-smuggling and search and rescue. The EU provides Tunisia different amounts of funding through existing projects.
Border management, including search and rescue
the EU finances the projects Strengthening the Tunisian Coast Guard Training Pillar, run by ICMPD (2023-2026) and the EUTF funded Border Management Programme for the Maghreb region (BMP-Maghreb) (2018-2024). Both projects aim at developing the Tunisian authorities’ border control capacity, for both land and sea borders, thus including search and rescue activities. This is done through the donation of equipment and the training of the Garde National of Tunisia and the Navy.
As for equipment, details about the delivery of boats, engines and spare parts for putting search and rescue vessels to Tunisia are included in the document, including the provision of fuel. A new contract will “build and equip a command-and-control centre for the Tunisian national guard at the border with Libya,” to enhance cross-border cooperation with Libya.
With regard to training, the document mentions a session for two officials in Rome as well as the participation of the Tunisian border control authorities in a Frontex workshop organised in the context of Joint Operation Themis. The MOCADEM reports that Tunisia considers talks on a working arrangement with Frontex “pre-mature.”
Anti-smuggling
The EU pursues the Anti-smuggling Operational Partnership (ASOP) to try to develop the Tunisian police capacity to investigate, prosecute and convict smugglers. Training is also key in this area.
The document mentions a mentorship programme between Tunisia and the EU Member States on migrant smuggling. Cross-border cooperation in investigations is encouraged, also through Europol, information campaigns (in North Africa and along the Central Mediterranean), and regional action. There is an ongoing discussion on a Europol agreement to exchange personal data between Europol and Tunisian authorities.
Return and reintegration of non-Tunisian nationals
the EU finances IOM’s project on Migrant Protection, Return and Reintegration in North Africa, concretely supporting assisted voluntary return from Tunisia to countries of sub-Saharan Africa. The MOCADEM document states that the EU engages “with Tunisian authorities to develop a national mechanism for returns facilitation.”
Direct capacity-building of national authorities to return non-Tunisian nationals to their country of origin is a novelty in the EU migration policies. This is a follow-up of the objective spelled out in the EU-Tunisia MoU of “developing a system for the identification and return of irregular migrants already present in Tunisia”. It is reported that a “new technical assistance programme to further support the return system in Tunisia is under preparation.”
International protection for non-Tunisian nationals
As usual, protection programmes receive much lower funding than other cooperation objectives for the securitisation of migration. In Tunisia, the EU will fund a project run by the UNCHR to enhance reception and access to international protection for asylum seekers and refugees.
Measures addressed to Tunisian nationals
For Tunisian nationals, the EU aims to increase return and readmission of Tunisian nationals deemed to be irregularly staying in the EU to Tunisia, privileging so-called “assisted voluntary return” and reintegration projects for Tunisian nationals over forced returns. At the same time, the EU stresses the importance of increasing opportunities for legal migration through the launch of a “Talent Partnership” and better visa conditions for Tunisian nationals.
Deportations
the EU finances a national reintegration support mechanism called “Tounesna,” as well as the Frontex Joint Reintegration Services, for which Frontex launched a new call for proposals. Key actors in this area are the High Level Network for Return, chaired by the EU Return Coordinator and composed of representatives of all Member States and Frontex.
In October 2023, Tunisia was identified as one of the seven countries targeted for joint deportation actions. The document reports that the negotiations for an EU-Tunisia readmission agreement and visa facilitation agreements, which started in 2016, have been on hold since 2019 and that “Tunisia has shown no interest to date to relaunch the negotiations.”
Legal migration
The EU finances pilot projects under the Mobility Partnership Facility (MPF) and the regional project THAMM (2018-2023), which received extra funding. Again, the launch of an EU-Tunisia Talent Partnership is announced through a Joint Roadmap for a Talent Partnership, which is yet to be finalized.
In the EU-Tunisia MoU, the EU promised to “take appropriate measures to facilitate legal mobility between the two Parties, including facilitating the granting of visas by reducing delays, costs and administrative procedure.” However, in this document there are no prospects for cooperation on visa policy. The document merely contains a reminder that visa policy is conditional on readmission cooperation.
Ongoing cooperation
While the European Parliament this week condemned a decision by the Commission to release €150 million to Tunisia through an urgent written procedure, bypassing the normal-decision making process, with a resolution that said the North African country is undergoing “an authoritarian reversal and an alarming backslide on democracy, human rights and the rule of law.”
The resolution goes on to say that “over the last year, President Kais Saied has had opposition politicians, judges, media workers and civil society activists arbitrarily arrested and detained.”
However, the cooperation being coordinated through MOCADEM remains largely beyond the reach of parliamentary scrutiny. As highlighted by a separate article published today by Statewatch and Migration-Control.info, the parliament’s lawyers agree with MEPs that this needs to change.
Documentation
- Update - Revised Action file - Tunisia (Council doc. WK 16821/2023 INIT, 15 December 2023, pdf)
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Further reading
Parliamentary lawyers: democratic oversight needed for EU-Tunisia migration agreement
Last July, the EU and Tunisia signed a memorandum of understanding in which the EU promised substantial support for Tunisian migration and border controls. An opinion by the European Parliament Legal Service, obtained by Statewatch, concludes that although the agreement is not legally binding, some form of parliamentary oversight is required. Currently, that is not the case, but MEPs are demanding it – in particular due to the authoritarian nature of many of the regimes the EU is supporting.
Access denied: Secrecy and the externalisation of EU migration control
For at least three decades, the EU and its Member States have engaged in a process of “externalisation” – a policy agenda by which the EU seeks to prevent migrants and refugees setting foot on EU territory by externalising (that is, outsourcing) border controls to non-EU states. The EU’s New Pact on Migration and Asylum, published in September 2020, proposed a raft of measures seeking to step up operational cooperation and collaboration in order to further this agenda.
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