The Ombudsman has asked the European Commission how it plans to ensure respect for human rights in migration-related actions resulting from a recent agreement between the EU and Tunisia.

A Memorandum of Understanding (MoU) between the EU and Tunisia was signed in July and it includes provisions related to combating irregular migration as well as EU financial support for improving Tunisia’s management of its borders.

Under the MoU, the EU will provide EUR 105 million for training and technical support for Tunisian border management, for combatting anti-smuggling operations, and for reinforcing control of borders. 

Noting that concerns have been raised about the agreement, the Ombudsman asked whether the Commission had carried out a human rights impact assessment before signing the MoU and whether it intends to carry out a periodic review of the human rights impact of actions undertaken during its implementation. The Ombudsman also asked whether the Commission has defined criteria for suspending funding if human rights are not respected.

This initiative, which was announced in July, forms part of the Ombudsman’s focus on the role EU institutions play in upholding fundamental rights in relation to border management activities. It follows the opening of a recent inquiry aimed at clarifying Frontex’s role in search and rescue operations in the Mediterranean.

Referencing earlier Ombudsman decisions related to an EU-Turkey statement on migration and an EU trade agreement with Vietnam, the Ombudsman underlined that human rights assessments of relevant policies should be carried out before these policies are adopted.

The Ombudsman has asked the Commission to reply by 13 December 2023.