Memorandum of Understanding between the European Union and Tunisia: Circumstances, framework, and limits
Massaoud ROMDHANI
A human rights activist and defender, former president of the Tunisian Forum for Economic and Social Rights and the Tunisian League of Human Rights (Vice president).
On 16 July 2023, the European Union (EU) signed a memorandum of understanding with Tunisian President Kais Saied, following a series of repeated visits by Giorgia Meloni, head of the far-right “Brothers of Italy” party and Prime Minister of Italy. The President of the European Commission, Ursula van der Leyen, and the Prime Minister of the Netherlands, Mark Rutte, and Giorgia Meloni, represented the European Union in signing the memorandum of understanding.
The memorandum explored many aspects of cooperation, including economic, commercial, energy, and digital transition, but the issue of immigration received the most attention, raising criticism for the explicit marginalization of issues on the rights of migrants and asylum seekers. The memorandum was signed as thousands of sub-Saharan African migrants lived in extremely difficult conditions in Tunisia, facing racist speech criminalizing their presence in Tunisia and forced displacement to the Libyan and Algerian borders, causing numerous casualties in the desert. Numerous international human rights organizations criticized the signing of such an agreement with the Tunisian government in complete disregard of the violations of human rights amid totalitarian rule, suppressing every opposing authority and attacking all independent institutions.
“The organizations considered this agreement as turning a blind eye to the principles of a previous partnership that stipulates the necessity of respecting human rights. ”
The organizations considered this agreement as turning a blind eye to the principles of a previous partnership that stipulates the necessity of respecting human rights. This is considered an endorsement of the authoritarian regimes in the southern Mediterranean, regimes that have mastered, through decades of experience, blackmailing Western countries after confirming that “the EU views relations with other countries on the southern coast only from the perspective of immigration.”
Migration season to the north
The EU has become preoccupied with irregular migration as a basic condition for partnership with the southern Mediterranean countries, while considering pressure for a framework agreement with Tunisia as vital. Tunisia is a country of origin with increasingly harsh economic and social conditions. Year after year, with thousands of citizens not fortunate enough to obtain a Schengen visa to Europe must travel by sea, regardless of the risks. Tunisia is also a transit country, visited every year by large numbers of sub-Saharan Africans suffering in their countries from repulsive factors, including poverty, unemployment, civil wars, climate change, and political crises. In order to survive, they temporarily stay in Tunisia until they have the opportunity to cross to the European coasts.
2023 was considered exceptional for irregular migration. According to the United Nations High Commissioner for Refugees, the number of irregular migrants who arrived in Italy during the first five months reached 50,000, (19,000 migrants in 2022), and half of them left from the Tunisian coast.
Therefore, the statements of the European side revolved around the extent of the Tunisian party’s response to playing the required role of stopping irregular migration and protecting the European borders from the “encroachment” of migrants and asylum seekers. After signing the memorandum, von der Leyen said, “We need an effective cooperation, more than ever.”
Negligence of human rights and the crime of forced deportation
European right-wing governments disregarded respect for human rights principles and further utilized fear of migrants as a Trojan horse for winning elections, priding themselves on their ability to lure autocrats from the Southern Mediterranean to assign them to monitor European borders and prevent the arrival of migrants. However, numerous European human rights and parliamentary voices have denounced the memorandum and the circumstances of its signing.
According to Human Rights Watch (HRW), the EU is considered a partner in the violations occurring against African migrants by the Tunisian authorities for abandoning its many pledges to promote human rights and democracy. This “controversial” memorandum of understanding failed to refer to “ending the violations against black Africans in the country (Tunisia), and further failed to announce measures to address these violations.” HRW mentioned a similar agreement that occurred in 2008 between Muammar Gaddafi and the Italian government of Silvio Berlusconi, according to which African migrants and asylum seekers were detained “indefinitely,” with the aim of preventing them from reaching Europe.
According to the Legal Agenda, the forced deportation of African migrants to the Libyan and Algerian borders is a full-fledged crime against humanity, and the responsibility of the European Union is no less than the responsibility of the Tunisian authorities. The coincidence of the crimes against humanity in Tunisia with the signing of the memorandum of understanding between Tunisia and the Union is indicative of this liability, with the EU’s main focus addressing migration, and the European complicity in the atrocities that occurred and continue to occur in Libya against migrants.
Preventing the collapse of the Tunisian economy
The EU, at the level of most of its governments and decision-makers, seems to disregard human rights issues in the Southern Mediterranean, whether at the level of the governments’ internal performance and the extent of their commitment to the principles of democracy and human rights, or with regard to dealing with migrants and asylum seekers. The most important points following the Memorandum of Understanding include the extent to which Tunisian authorities are able to prevent migrants from reaching the European borders by any means, the return of Tunisian deportees from European countries, the commitment of Tunisian authorities to repatriate their citizens, and the willingness to pump some funds to prevent Tunisia from reaching a state of bankruptcy, to ward off the influx of hundreds of thousands of immigrants to Europe. Josep Borrell, High Representative of the Union for Foreign Affairs and Security Policy, stated a few months before the memorandum, “the situation in Tunisia is very dangerous and collapse must be prevented,” and warned that “if Tunisia collapses economically and socially, this means that we will face waves of new immigrants.”
Harmonious speech
What encouraged European governments to rush to conclude an agreement with Tunisia was not only the density of irregular migrants or the difficult economic circumstance that makes the Tunisian state accept concessions, but mainly the racist rhetoric discourse presented by the Tunisian authorities, which is very consistent with the extreme right-wing discourse in Europe. In February 2023, the Tunisian President Kais Saied sparked critical reactions for his comments after the National Council meeting that Tunisia was being targeted by immigration and the presence of large numbers of sub-Saharan Africans is a “conspiracy” aimed at changing the country’s demographic composition. Saied further claimed that these immigrants were the reason for the increase in crime. Many human rights organizations and international organizations condemned Saied’s speech. The President of the African Commission said, “The shocking statements of the Tunisian authorities against our African brothers contradict the principles and mission of the African Union.” Amnesty International recognized, “Saied’s discriminatory and hateful remarks during a National Security Council meeting triggered an upsurge in anti-Black racist violence, with mobs taking to the streets and attacking Black migrants, students and asylum seekers, and police officers detaining and deporting scores.”
“In February 2023, the Tunisian President Kais Saied sparked critical reactions for his comments after the National Council meeting that Tunisia was being targeted by immigration and the presence of large numbers of sub-Saharan Africans is a “conspiracy” aimed at changing the country’s demographic composition. Saied further claimed that these immigrants were the reason for the increase in crime.”
Difficulties of implementation
Despite the signs of relief expressed by the European parties, especially Meloni and van der Leyen, with the Tunisian party playing its assigned role to prevent migrants from reaching the European borders, after a few weeks of smiles and handshakes accompanying the signature, many difficulties surfaced, turning victory into disappointment.
The first of these obstacles came from within the European Parliament, which recognized the agreement as support for the Tunisian regime, facing widespread criticism within European circles since Kais Saied seized power on 25 July 2021, dissolving the democratically elected parliament, undermining the judiciary, and restricting the opposition. Numerous members of the European Parliament criticized the memorandum and dealing with “dictatorship in Tunisia.” Member of Parliament Birgit Sippel said, “We are now again financing an autocrat without political, democratic scrutiny here in the house. This will not be a solution. It will strengthen an autocrat in Tunisia.” Sippel further criticized the Tunisian authorities’ deportation of African migrants to the southern Tunisian border, considering that the Tunisian authority has thrown migrants into the desert without food, water, or anything else.”
“We are now again financing an autocrat without political, democratic scrutiny here in the house. This will not be a solution. It will strengthen an autocrat in Tunisia.” Sippel further criticized the Tunisian authorities’ deportation of African migrants to the southern Tunisian border, considering that the Tunisian authority has thrown migrants into the desert without food, water, or anything else.”
Criticism of the memorandum was not limited to the European Parliament, but some European governments expressed their repudiation due to the haste and neglect of the human rights file. Germany’s minister for foreign affairs, Annalena Baerbock, said, “human rights and procedural faults ruled it out as a blueprint for the future.” Baerbock added, “Democracy, human rights and the rule of law must guide us in our cooperation – something that was not given suitable consideration, in the agreement with Tunisia.”
Thus, EU countries do not share the same position regarding dealing with migrants, while the right-wing government in Italy and some other governments close to it, based their electoral narrative on confronting irregular migration and saw the memorandum as an important turning point and the beginning of a “real partnership” with the countries of the southern Mediterranean. However, other governments believe that other factors, including human rights and the rule of law, should be considered.
Tunisia changes its position
Angry voices within the European space embarrassed the Tunisian government. The Tunisian government saw that it met the demands of the EU. Its adoption of a harsh rhetoric toward immigrants, forcing them to return to their homes, displacing many on the border, and taking back Tunisians who did not have European residency, would satisfy the EU and force it to remain silent, stopping the “human rights topic.” The Tunisian government failed to realize that the EU is not a homogeneous bloc and that European spaces are full of contradictions and different points of view, reflecting the diversity of interests and convictions.
Thus, the official Tunisian reaction was tense, and even angry, threatening to retract the initial agreement. Perhaps the main reason was the sharp criticism raised by the European Parliament toward the situation in Tunisia, both toward immigrants and the official political orientation. The Tunisian government considered these criticisms as blatant interference in internal affairs. In September 2023, about two months after the memorandum, Tunisia further refused the visit of a delegation from the European Parliament’s Foreign Affairs Committee, headed by German Michael Gahler, which aimed to “take an in-depth look at the political situation.” Gahler added, “This conduct is unprecedented since the democratic revolution in 2011. We continue to be ready for, and we insist on a dialogue on critical issues and remind this parliament has always approved the comprehensive cooperation agenda including the strengthening of democracy and financial support as agreed in the association agreement.”
Such critical European positions left the Tunisian authorities angry, including the Tunisian President. On 2 October 2023, Saied said, “Tunisia, which accepts cooperation (with the European Union), does not accept anything resembling favor or charity.” Saied added, “Tunisia rejects what was announced during last few days by the European Union.” In September 2023, The EU announced aid to Tunisia in the amount of 127 million euros with the aim of combating irregular migration.
"It’s Europe or death at sea."
Another reason for European frustration about the possibility of Tunisia playing a pivotal role in stopping the flow of migrants, whether Tunisians or sub-Saharan Africans, was the Italian Ministry of the Interior recording an increase in the number of arrivals by 30 percent during the six weeks following the memorandum versus the six weeks preceding the 16 July 2023, date of signature.
Had Tunisia overlooked immigration control, especially after its president and foreign minister declared that the country “will not be the guardian of European borders”? Was there an intention to be lax to further bargain with the EU, as the regimes in North Africa did during the decade preceding the so-called Arab Spring?
The authorities in Tunisia and their fluctuations are difficult to understand. The only certainty is that European security policy had proven its failure to achieve the protection of its borders, and that illegal migration was not linked to the extent of the intensification of border guarding. Rather, the crises happening in the southern Mediterranean make the region of North Africa, Middle East, and the African coast, a repulsive region for its citizens. Selim Kharrat, the president of Al Bawsala, a Tunisian human rights organization and watchdog of immigration issues, stated, “It doesn’t matter if you double the number of police officers or double the number of control operations. There will still be migrants seeking a better life, regardless of the risks.”
Migrants face numerous risks, including the possibility of drowning, since migrants have begun to venture into boats that do not meet safety standards, with the number on deck exceeding four or five times the boat’s load. The United Nations Children’s Fund (UNICEF) announced that the number of children who died or went missing in the Mediterranean during the year 2023 tripled, compared to 2022, and “this is in the midst of European negotiations on migration,” while “the Mediterranean Sea has become a graveyard for children.” According to the United Nations, “the factors of war, violence, and poverty are what push children to flee their countries of origin without accompaniment.”
“The United Nations Children’s Fund (UNICEF) announced that the number of children who died or went missing in the Mediterranean during the year 2023 tripled, compared to 2022, and “this is in the midst of European negotiations on migration,” while “the Mediterranean Sea has become a graveyard for children.””
Failure of the security approach
For decades, with the increase of irregular migrants, Europe has addressed migration from a purely security perspective. Europe focused on complex monitoring methods and concluded agreements with countries of origin and transit countries to assign them to monitor and prevent irregular migrants from reaching its borders. This approach has cost Europe strenuous diplomatic efforts and huge sums of money, most of which goes to other than what was allocated to it, due to the absence of transparency, accountability and independence of institutions. Despite the major security efforts, the number of migrants continues to increase. When security is intensified and aggravated in some corner of the Mediterranean, smugglers, who earn huge sums of money, are able to find other, more expensive and more dangerous ways for migrants, which does not deter them from boarding the “death boats.”
The agreements concluded with the countries of the South of Mediterranean remain mostly ineffective, given that any regime, no matter how their borders, are monitored and no matter how intensified their security patrols, often fail to monitor their shores, due to the lack of capabilities and the complexity of the network of relations of smugglers with border guards and security agencies. These same regimes often use immigration to put pressure on the EU, either to extort more money, or to silence European countries that still remember previous treaties of human rights, good governance, and democracy when signing partnership agreements with countries of the South.
The Memorandum of Understanding between Tunisia and the European Union revealed that European governments no longer care about international laws and treaties to protect migrants and asylum seekers, including the Geneva Convention and its Protocols amended in 1967. European countries are further prepared to completely ignore previous treaties requiring a minimum level of respect for human rights when dealing with countries of Southern Mediterranean, including the Barcelona Declaration of 1995, formed between the countries of the European Union and the countries of the Southern Mediterranean. The Barcelona Declaration is the founding act of a comprehensive partnership based on respect for human rights, public freedoms, freedom of expression and association with peaceful dimensions, and respect for freedom of conscience and religious freedoms.
The right-wing governments that won the elections, using the fear of the influx of “hordes of immigrants,” transformed immigration from a humanitarian, economic, and social phenomenon into a purely security phenomenon, in which several factors intersect. The most important of these factors include the fear of changing European identity, stigmatizing immigrants with all kinds of stereotypes, as the main cause of unemployment, terrorism, and crime.
These right-wing governments need an ally that identifies with its rhetoric and deals with immigrants with the same cruelty as they treat those inside detention centers in Italy and other European countries before they are forcibly deported to their countries of origin. However, these European governments found in the Tunisian authorities a stubborn ally, capable of retreating at any moment, either to improve the terms of negotiation and barter, or because of anger at some voices criticizing the Tunisian human rights record, including those voices that rose during the accountability session in the European Parliament on 18 July 2023, issued by Leftist and Green MEPs, who considered the memorandum to be normalization of the dictatorship and a trade in the rights of refugees.
“ Irregular migrants and asylum seekers continue to arrive in increasing numbers, as the suffering in their countries escalates, and with no regard to memorandums of understanding, treaties, intensified security on the borders, and not even with the dangers of riding in “death boats,” as one said, “In any case, we are dead in our homelands.”
Thus, the Memorandum of Understanding failed to take legal form to become a binding agreement for the Tunisian and European parties, given the division within the European Parliament, and the Tunisian justification for national sovereignty and the independence of decision-making. Meanwhile, irregular migrants and asylum seekers continue to arrive in increasing numbers, as the suffering in their countries escalates, and with no regard to memorandums of understanding, treaties, intensified security on the borders, and not even with the dangers of riding in “death boats,” as one said, “In any case, we are dead in our homelands.”
[1] INFOMIGRANTS, “EU and Tunisia sign agreement to fight illegal migration.” 17 July 2023.
[2] France 24, “Le pacte entre l’UE et la Tunisie, un nouveau "modèle" face à la crise migratoire?” 17 July 2023.
[3] ecre, “EU External Partners: EU’s Dodgy Deal with Tunisia Sparks Outcry Amid Continued Crack-down Against Sub-Saharan Migrants by the Regime.” 26 July 2023. [4] HRW, “Migration Obsession is Killing EU’s Commitment to Human Rights.” 21 September 2023.
[5] The Legal Agenda, Mahdi Elleuch, “Forced deportation of migrants to the desert: A crime against humanity met with denial.” 18 August 2023.
[6] The agreement stipulates Tunisia to be granted 675 million euros as an economical support this year, including 105 million euros allocated to managing irregular migration.
[7] Josep Borrell, EEAS Press Team, “the situation in Tunisia is very dangerous and collapse must be prevented.” 20 March 2023.[8] African Union, “The Chairperson of the African Union Commission strongly condemns the racial statements on fellow Africans in Tunisia.” 24 February 2023.
[9] Amnesty International, “Tunisia: President’s racist speech incites a wave of violence against Black Africans.” 10 March 2023.[10] euronews, “MEPs blast European Commission for signing deal with Tunisia's 'cruel dictator.'” 18 July 2023.
[11] Ibid.
[12] Reuters, “Germany's Baerbock joins chorus criticizing EU migration deal with Tunisia.” 22 September 2023.
[13] Ibid.[14] The Guardian, “MEPs refused entry to Tunisia two months after signing of migration deal.” 14 September 2023.
[15] Lorenzo Fruganti, “Tunisia: stabilità cercasi.” 18 September 2023.[16] Stephen Quillen, “‘It’s Europe or death’: Why no amount of EU money has stopped migrants fleeing Tunisia.” 20 August 2023.
[17] RTS, “La Méditerranée, un "cimetière pour les enfants", selon l'Unicef.” 29 September 2023.
[18] Barcelona declaration. Euro-Mediterranean Conference. 27-28 November 1995.