The politics of human rights in the Khartoum Process EU external policy on migration in the Greater Horn of Africa region DISCUSSION PAPER This discussion paper was written by Vittorio Capici, who undertook a research placement at QCEA during the summer of 2018. QCEA is publishing the paper in order to contribute to an informed debate on the Khartoum Process. Vittorio Capici Principal author / Researcher Andrew Lane Co-author / Editor Martin Leng Design First published September 2018 Square Ambiorix 50 1000 Brussels Belgium www.qcea.org AISBL - MONITEUR BELGE NO. 11 732/80 NO. D’ENTREPRISE 0420.346.728 TRANSPARENCY REGISTER 3960234639-24 Contents EXECUTIVE SUMMARY 4 MAP: AFRICA-EUROPE MIGRATION FLOWS 5 INTRODUCTION 6 The Khartoum Process in domestic and international political context CHAPTER 1 8 Migration from the Greater Horn of Africa to Europe CHAPTER 2 12 The Khartoum Process from a human rights perspective CHAPTER 3 17 Assessing the drivers of migration in the GHoA region CHAPTER 4 21 Looking forward Recommendations 22 CONCLUSION 23 REFERENCES 24 Executive Summary In the last four decades, the people in the Greater Horn of Africa (GHoA) have confronted a series of challenges, such as violent conflicts, state failure and economically and environmentally damaging climate change. A main consequence of these challenges was a spike in the number of people migrating both within and outside the region. In November 2014, the EU- Horn of Africa Migration Route Initiative, also known as the Khartoum Process, became the main cooperation forum on migration between the European Union (EU) and GHoA. Through an analysis of the relations between the GHoA and the EU, this discussion paper outlines a series of opportunities and challenges facing European governments. The discussion paper focuses on how the human rights of migrants, in or from the GhoA region, can be better protected. Interviews have been conducted with a range of stakeholders and relevant policies and literature have been consulted. The paper draws on an EU-wide discussion about the common migration policy which intensified with the events of 2015-16, particularly with regard to the fair sharing of the intake of migrants (mainly arriving into Greece, Italy, and Spain). Perceptions of public concern about inward migration have created fear amongst many political leaders of increased support for far-right political parties. This paper recognises the difficult situation this has created for European policy makers, while offering realistic and constructive ways forward. In the context of EU-Africa relations, human trafficking and migrant smuggling are too often portrayed as solely African issues, rather than shared challenges. This paper considers the achievements of the Khartoum Process and highlights outcomes that may be, or may have already been, counterproductive. The research identifies how the Khartoum Process has brought governments together to cooperate in ways that they would otherwise not. Communication and transparency relating to the Khartoum Process, and the inclusion of civil society are also discussed. The paper questions how far the Khartoum Process is really in the interest of GHoA, and considers the impact it has had on legislation in the region. In particular, concerns are raised about policies that reinforce borders within Africa as a part of a ‘whole of route’ approach to migration, and the barriers this may create to regional cooperation. A different model is needed in which local, national and international actors work together to construct, from the bottom up, a new narrative on migration. The absence of safe and legal ways for migrants to enter the EU from the Greater Horn of Africa is also identified as a factor supporting trafficking and smuggling networks in the region. 4 Map Africa–Europe migration flows TRIPOLI AGEDABIA SABHA BAMAKO KASSALA AGADEZ KHARTOUM Migration route from GHoA This map is based on an interactive resource produced by Medici per i Diritti Umani/Doctors for Human Rights, built Other migration route using the testimonies of 2,600 migrants from Sub-Saharan Common transit point Africa collected between 2014-2017. The original is available online at esodi.mediciperidirittiumani.org 5 Introduction The Khartoum Process in domestic and international political context Since the spike in the number of migrants and What is the Khartoum Process? refugees arriving in Europe in 2015, migration from Africa and the Middle East has shaped The EU-Horn of Africa Migration Route political agendas across Europe. Migration Initiative, also known as Khartoum Process (KP) rapidly became a priority in many areas of EU is part of a range of new regional migration policymaking. partnerships the EU has established with several regions in its neighbourhood to respond Since 2013 the number of Europeans voting to the large number of migrants and refugees for far-right or anti-European political parties who rely on smuggling and/or trafficking3 has steadily increased. Many far-right parties in order to escape war, political repression, took advantage of an increased number of religious or identity persecution, environmental migrants, coming to Europe in 2015 to promote degradation, poverty or food insecurity.4 narratives that opposed European integration. Many heads of government found themselves The Khartoum Process was established as a in difficult political circumstances at home, high-level political dialogue was introduced contributing to their failure to unite around a under the Italian Presidency of the Council of common European policy over several months the European Union in 2014. In recognition of in 2015-16. An example is provided by the the challenges of mixed migration, 37 states narrow victory for the Leave campaign in the in Europe and in the GHoA, along with the EU UK Brexit referendum in June 2016, which was and African Union (AU) decided to join together characterised by attention on migration issues. to foster dialogue on the topic of migration management. Images of people putting their lives at risk to cross the Mediterranean have caused concern Its major focus formally agreed by both among the public in Europe and worldwide. Yet European and African governments dangerous journeys across the Sahara Desert participating in the platform, is “to prevent and and other hazardous crossing locations around tackle the challenges of human trafficking and the world are less well publicised. smuggling of migrants”.5 This focus stems from the idea that the presence of powerful criminal EU migration policy has traditionally been networks, which profit from human trafficking developed through separate internal and and smuggling, constitute one of the main external policies, though these two agendas causes of the sharp increase in the arrival of have merged over time.1 This is visible in the migrants into Europe. current proposals for significantly increased EU spending on migration in the next seven-year While several studies have confirmed that EU budget framework (the post-2020 Multi- human trafficking and smuggling are becoming Annual Financial Framework). Migration is the increasingly lucrative for criminal networks, focus of considerable attention in EU external others have also raised concerns about the policy, influencing or overshadowing many focus of the Khartoum Process. In particular, traditional policy areas, such as development recent research suggests that whilst European cooperation, conflict prevention and human policy focuses on undermining the supply-side rights).2 (criminal networks), human trafficking and smuggling businesses are largely demand- The impending renegotiation of the Cotonou driven. Agreement between EU and African, Caribbean and Pacific (ACP) countries, and the drafting of the UN Global Compact for Migration, creates an opportunity to examine partnerships between the Global North and the Global South. 6 Methodology This research is based on existing literature on the topic and interviews with EU policy makers and other stakeholders. It adds to the current discussion about EU migration policy and human rights by focusing on EU- Africa migration-related partnerships and the complex dynamics related to them. Crucially, the insights provided by some EU policymakers and other relevant experts during a set of interviews held in Brussels has further developed the analysis. Chapter 1 analyses the Khartoum Process, the reasons for its creation, its main features and objectives and its overall rationale. Chapter 2 considers the Khartoum Process and its impact on trafficking and smuggling from a human rights perspective. The chapter focuses on capacity building and the Khartoum Process’s governance structures, but also on the impact of the Khartoum Process on peace and security. Chapter 3 assesses the main migration drivers and migration-related issues in the GHoA region. The analysis takes into consideration relevant national laws in GHoA countries, focusing on the particular case of Ethiopia. Chapter 4 provides policy recommendations for the Khartoum Process. This last chapter identifies limitations for EU migration- related partnerships with the governments in the GHoA region. Finally, the report makes a series of recommendations for the EU. 7 Chapter 1 Migration from the Greater Horn of Africa to Europe 1.1 The development of EU migration policy The Global Approach advocated for the migration-development nexus, which is why EU migration policy is currently based on three today the nexus is so prominent in EU external