Abstract
In part due to its location on the North African coast, in conjunction with its history of being a former French protectorate, Tunisia has become an important country of emigration to the European Union. In particular, maritime arrivals have become a concern for European states, for both humanitarian and security reasons. The experiences of Tunisian irregular migrants arriving to the EU by sea, who are then detained and returned, highlights the multitude of human rights issues that arise across their journey as they interact with the various stakeholders involved—Tunisian and Libyan smugglers, EU and Tunisian authorities and NGOs, amongst others. The situation for these migrants at sea and during rescue and interception operations can most directly involve such issues as the right to life, access to food and water, access to emergency healthcare and access to information. The next stages of detention and return (either immediately or when later identified on EU territory) can most directly involve human rights issues related to the identification and referral mechanisms for groups at risk, access to information and legal remedy, the right of “non-refoulement” and prohibition of torture, inhuman and degrading treatment and punishment. By examining Tunisian migrant experiences along the entirety of their trajectory, one can see the specific human rights issues that arise at each stage for maritime arrivals—from departure to return. The article will examine these human rights concerns in the context of the Tunisian migrant journey, focusing on the four identified stages of the situation at sea, rescue or interception, detention and return. The article will present results from qualitative in-depth interviews conducted for the EU Fundamental Rights Agency in 2011 with 15 Tunisian migrants who had arrived by sea to Italy between 2005 and 2011 and were returned to Tunisia between 2008 and 2011, complemented by interviews with two Tunisian fishermen and an anonymous Tunisian non-governmental stakeholder.
Highlights
In part due to its location on the North African coast, in conjunction with its history of being a former French protectorate, Tunisia has become an important country of emigration to the EuropeanUnion
The article will present results from qualitative in-depth interviews conducted for the EU Fundamental Rights Agency in 2011 with 15 Tunisian migrants who had arrived by sea to Italy between 2005 and 2011 and were returned to Tunisia between 2008 and 2011, complemented by interviews with two Tunisian fishermen and an anonymous Tunisian non-governmental stakeholder
By examining Tunisian migrant experiences according to stages in their journey, one is able to examine the specific human rights issues that might arise along the entirety of their trajectory
Summary
In part due to its location on the North African coast, in conjunction with its history of being a former French protectorate, Tunisia has become an important country of emigration to the European. According to Frontex, in 2011, approximately 8,600 Tunisians were returned from the EU, primarily by Italy and France [4] These bilateral agreements and laws governing the entry to and exit from Tunisia reflect a broader approach that the former Tunisian government took in recent years to decrease the level of irregular migration from the country, based on the Euro-Mediterranean partnership, which entered into force in 1998. It has had the effect of criminalizing irregular migrants and delegitimizing their claims for asylum, as they are either prevented from leaving in the first place, detained and/or summarily returned to their countries of origin, and on the other hand, it has pushed irregular migrants towards more dangerous or informal migration routes and a stronger dependence on smuggling and trafficking networks, all of which places irregular migrants in an extremely vulnerable position [11,12] These bilateral agreements and laws have important implications for those Tunisian migrants to whom they apply. By examining Tunisian migrant experiences according to stages in their journey, one is able to examine the specific human rights issues that might arise along the entirety of their trajectory
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