This chapter examines select political, legal, and financial instruments regarding asylum, protection, and mobility between Tunisia and the EU. We have assessed the effectiveness, fairness, and consistency of these instruments, to determine whether they have been successful in achieving their stated aims, have been designed and implemented with accountability mechanisms, and have been aligned with international and regional human rights standards. The chapter concludes that while some of the instruments have achieved their stated results of building the Tunisian state’s capacity to host refugees, they have been lacking in transparency, accountability mechanisms, and compatibility with international and regional human rights laws. With the focus predominantly having been on the containment of refugees to Tunisia through emphasis on border protection programs and readmission agreements, the instruments’ alignment with the Global Compact for Refugees is limited, as there is far more pressure exerted on Tunisia to host a growing number of third country nationals and prevent their onward movement to Europe, with few other initiatives aimed at easing this burden. While the continued absence of asylum legislation has been a barrier to upholding refugees’ rights in the country, we argue that Tunisian officials’ refusal to pass national asylum legislation has been their way of resisting EU pressure to become a safe third country of asylum, as they fear this will pave the way to other EU actions of deporting third country nationals to Tunisia, and to set up offshore asylum processing centres on Tunisian soil. The Chapter critiques the EU’s approach in its mobility partnership with Tunisia to date due to its outsized focus on security and insufficient attention to the needs and perceptions of Tunisian counterparts.

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Tunisia-EU Cooperation in Migration Management: From Mobility Partnership to Containment

  • Fatma Raach,
  • Hiba Sha’ath

摘要

This chapter examines select political, legal, and financial instruments regarding asylum, protection, and mobility between Tunisia and the EU. We have assessed the effectiveness, fairness, and consistency of these instruments, to determine whether they have been successful in achieving their stated aims, have been designed and implemented with accountability mechanisms, and have been aligned with international and regional human rights standards. The chapter concludes that while some of the instruments have achieved their stated results of building the Tunisian state’s capacity to host refugees, they have been lacking in transparency, accountability mechanisms, and compatibility with international and regional human rights laws. With the focus predominantly having been on the containment of refugees to Tunisia through emphasis on border protection programs and readmission agreements, the instruments’ alignment with the Global Compact for Refugees is limited, as there is far more pressure exerted on Tunisia to host a growing number of third country nationals and prevent their onward movement to Europe, with few other initiatives aimed at easing this burden. While the continued absence of asylum legislation has been a barrier to upholding refugees’ rights in the country, we argue that Tunisian officials’ refusal to pass national asylum legislation has been their way of resisting EU pressure to become a safe third country of asylum, as they fear this will pave the way to other EU actions of deporting third country nationals to Tunisia, and to set up offshore asylum processing centres on Tunisian soil. The Chapter critiques the EU’s approach in its mobility partnership with Tunisia to date due to its outsized focus on security and insufficient attention to the needs and perceptions of Tunisian counterparts.