The case

Missing funds and human rights violations, how the EU spent (badly) almost 5 billion in Africa

A report by the Court of Auditors challenges the Eu Trust Fund to control migration from the Continent. The instrument's limitations mirror those of Brussels

by Alberto Magnani (Il Sole 24 Ore, Italy), Kim Son Hoang. , Der Standard (Austria)

La guardia costiera libica. (Simone Boccaccio / SOPA Images)

6' min read

6' min read

Funds used in a dispersed manner, projects 'overestimated' in their effectiveness and a third reason for criticism, the most delicate one: an 'inadequate' attention to the human rights of migrants and to abuses against them. This is the balance sheet drawn up at the end of September by the EU Court of Auditors, an institution that monitors EU funds, on the results and the - various - problems of the so-called Eu Trust Fund, or EUTF: a €5 billion trust fund set up by the EU in 2015 to intervene in the three regions of Sahel and Lake Chad, the Horn of Africa and North Africa, some of the most sensitive areas for migratory flows on the Continent. Bettina Jakobsen, the member of the European Court of Auditors responsible for the report, has already spoken publicly of a model hinging on "fragmented support" and "little attention to strategic priorities", reiterating to Sole 24 Ore and Der Standard the inconsistencies that have emerged in the report. A lunge that calls into question the entire framework of EU policies on the management of movements, starting from the pillar consecrated by agreements such as those with Libya, Tunisia or Egypt: the externalisation of the control of departures, the ratio of the billionaire financing granted in the last remnants of the legislature to Tunis and Cairo.

The (mal)functioning of the trust fund

The Court of Auditors' rejection has rekindled the spotlight, at least in the EU, on an instrument that emerged at the peak of the so-called migration crisis in 2015 and was already criticised by the audit body in 2018. The fund was created with the stated objectives of supporting the "stability" of the region to contribute to "better management of flows", setting priorities that include measures against human trafficking, efforts to stabilise regions and the protection of vulnerable migrants. The fund, the Court points out, has received over EUR 5 billion in contributions and provided support to 27 African countries. The largest share of its allocation, EUR 4.4 billion (88%), is drawn from the European Development Fund and the EU budget with two contributions of 66.9% and 20.8% respectively. The remaining 12% comes 37% from Germany, 20% from Italy and 43% from 'other donor countries'. As of December 2023, payments amounted to just over EUR 4.5 billion, distributed with 42% going to the Sahel, 36% to the Horn of Africa and 20% to North Africa. The issues are those challenged by the report, after an analysis applied mainly to five countries: Ethiopia, Gambia, Mauritania, Libya and Tunisia..

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The Court's report goes into detail about various distortions in the functioning of the fund. There are cases of "inflated accounts" and "inaccurate declarations", or even denunciations of "activities that are no longer sustainable, difficult to implement or not directly linked to the most urgent aspects of the migration crisis", such as the "renovation of the Al Shabbi promenade in Benghazi", the restoration of the Roman theatre in Sabratha, Libya, or the provision of sports and kitchen equipment for schools with "urgent basic infrastructure needs". One of the most critical chapters remains the one on human rights violations, expressed in the gap between 'EU intentions' and the results of projects receiving EU funding. Among the most indicative examples are the 'potential human rights risks associated with more EUTF activities in Libya', one of the countries at the heart of the border control outsourcing strategy espoused by Brussels and individual governments, led by the Italian one. The supply of boats, equipment and training to the Libyan Coast Guard, the report points out, was created with the intention of "increasing surveillance" and "reducing deaths at sea", except for resulting in the cases contested by the Court and denounced by various non-governmental organisations: the equipment "may not be used by the beneficiaries", the trained personnel are careful not to observe the principle of "do no harm" to migrants, and those involved evade "monitoring", an accusation renewed and extended in the case of "detention centres" inaccessible to external observers and humanitarian workers.

The author: human rights not adequately addressed

Jakobsen, the Court member responsible for the report, points out that the core of criticism had already formed at the time of the first findings in 2018. Six years later, little has changed: "The most worrying aspect is that the funds are still not sufficiently targeted or focused on the most urgent priorities or needs," he points out, highlighting at least three elements of criticism. The first is that 'the Migration Fund is simply too thinly spread as it finances too wide a range of actions in the field of development, humanitarian aid and security. In future, the Fund will have to focus more on preventing history from repeating itself'. Secondly, Jakobsen adds, 'the results of the projects financed are often overstated. For example, the audit team visited a craft workshop that had been declared completed, but in reality the building was not completed at all and was therefore not operational'. Thirdly, there is a bland focus on human rights, including standard procedures for collecting complaints about cases of abuse: 'In particular, the Commission has no formal procedures for reporting, recording and following up on alleged human rights violations in relation to EU-funded projects. Our auditors cannot therefore confirm that all allegations have been followed up".

The Court, Jakobsen details, 'found that the Commission's ex-ante checks on the potential human rights impact of projects were not sufficiently comprehensive'. In the case of Libya, the Commission had introduced third-party monitoring to improve its oversight of the human rights impact of its activities, which was as 'useful' in the Court's eyes as it was frustrated by an absence: that of "formal procedures at the Commission for reporting, recording and following up on allegations of human rights violations in relation to EU-funded projects," says Jakobens. "For example, ten programme managers who responded to our audit survey - conducted in the three regions (North Africa, Sahel and Lake Chad, Horn of Africa) - stated that they had reported allegations of human rights violations to other colleagues. However, the Commission, at headquarters level, recorded only one such complaint'.

The fragilities of the EU approach to migration

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The fund's weaknesses mirror those of the entire European approach to migration from the continent. "The EU's actions on flight and migration from Africa to Europe," explains Adel-Naim Reyhani, an expert in International Law at the Ludwig Boltzmann Institute of Human Rights in Vienna (Austria), "have the effect of preventing people from exercising their right to flee situations of serious human rights violations, to move freely and to seek protection elsewhere. Moreover, through its cooperation with African countries, the EU is at least indirectly involved in other serious human rights violations'.

In countries like Tunisia, explains Reyhani, 'EU funds are also used for security forces that regularly use violence against migrants, rape women, abandon migrants to die in the desert or push them back to unsafe areas'. The situation remains the same as already highlighted by the report, that of Libya. The EU 'is violating international law by allowing and supporting Libyan actors to detain asylum seekers and prevent their departure,' says Reyhani. 'The country does not have adequate government facilities. The areas along the main migration routes are controlled by, among others, local armed groups that exploit, treat as commodities and torture the fleeing people. The Libyan coast guard - a key partner of the EU - is also involved with these criminal groups and abuses people on the move'. Together with the coastguard, he adds, Brussels "is violating international law by preventing people from fleeing the illegal situation in Libya. For example, Frontex provides the Libyan coastguard with coordination data on people fleeing, knowing that this approach leads to further mistreatment of the people affected in Libya'.

At the origins of a dysfunctional approach, says Reyhani, are a focus as insistent on preventing migration flows as it is short-sighted about the causes of flows: 'The EU's understanding of the causes of migration tends to reduce complex factors to poverty, conflict or lack of opportunities,' he explains, 'while also overly neglecting the impact of EU policies themselves on increasing irregular migration. Another fundamental flaw is the assumption that economic progress always reduces migration'. The outcome is that the EU 'overemphasises migration from Africa as a problem, both for the region and for Europe, which fuels negative perceptions of migrants and makes a more balanced approach difficult'.

*This article is part of the Pulse project and was written by Alberto Magnani (Il Sole 24 Ore, Italy), Kim Son Hoang, Der Standard (Austria).

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  • Alberto Magnani

    Alberto MagnaniCorrispondente

    Luogo: Nairobi

    Lingue parlate: inglese, tedesco

    Argomenti: Lavoro, Unione europea, Africa

    Premi: Premio "Alimentiamo il nostro futuro, nutriamo il mondo. Verso Expo 2015" di Agrofarma Federchimica e Fondazione Veronesi; Premio giornalistico State Street, categoria "Innovation"

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