EU sidesteps human rights standards

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By Ahmed H. Adam and Ashley D. Robinson

In the European Union’s struggle to manage its refugee crisis, is it
sidestepping human rights standards by funneling funding to war criminals
through the EU Emergency Trust Fund for Africa? The high-level dialogue
between Sudan and the EU started in November 2015 during the EU and African
summit on migration, when Sudanese Foreign Minister Ibrahim Ghandour met
with European top officials in Valletta. The EU pledged $2.2 billion (€2
billion) for the trust fund for the African countries to resettle Europe’s
unwanted migrants.

The EU perceives the immigration to Europe from Africa and the
Mediterranean as an existential threat. However, Europe’s migration crisis
cannot be resolved by collaborating with genocidal and repressive regimes
like that of Omar al-Bashir of Sudan.

Despite decades of aid funding, economic and diplomatic sanctions, the
United Nations Human Rights Council’s “technical assistance and capacity
building,” and warrants for the arrest of al-Bashir, his regime continues
to terrorize the Sudanese people with impunity. His own policies and
practices are the root causes of the situation of internally displaced
persons (IDPs) and the flow of refugees and trafficked persons through
Sudan. Behind Syria, Colombia, and Iraq, Sudan has the world’s largest
number of IDPs, at 3.1 million. Sudan is also a major migratory route for
refugees fleeing the continent through Libya.

On Feb. 16, 2016, Ghandour met with his EU counterpart, Mogherini, for the
Brussels dialogue on migration. The EU described the visit as “the first
step to set the direction for future EU/Sudan cooperation.” In itsstatement
on Ghandour’s visit, the EU praised Sudan’s "constructive role" in the
region. The next day, the European Commission announced a $110 million
(€100 million) Special Measure package for Sudan that will be dedicated to
addressing the root causes of Sudan’s ongoing conflicts under the EU
Emergency Trust Fund for Africa. Sudan will receive an additional $44
million (€40 million) to improve the capacity of countries along the
Eastern Migratory Route, along with surveillance equipment and training.

During the inaugural U.K.-Sudan Dialogue in March this year, the British
Foreign Office’s Africa Director, Neil Wigan, expressed his country’s
intent to work with the Sudanese government on issues of trafficking,
migration, and extremism, among others. The U.K.’s Ambassador to Sudan
stated he was looking forward to the “ongoing dialogue between the two
nations.” This marked a major shift in the U.K.’s position on Sudan. These
developments should be considered in light of the fact that the U.K is
currently the chair of the EU Horn of Africa Migration Initiative (the
Khartoum Process), and while it could use its role to expand EU-Sudan
cooperation, the country’s recent vote to exit the EU calls into question
its future influence on regional bodies.

In April, the European Commissioner for International Cooperation and
Development, Neven Mimica visited Khartoum to meet with top al-Bashir aids
on the topic of migration, including the first vice president. Despite this
ongoing dialogue and the EU’s multi-million euro pledges, there is no clear
plan for how this money will be spent and what role the Sudanese government
will play.

All this funding is made possible through the Cotonou Agreement. The
Cotonou Agreement was signed between the EU and African, Caribbean, and
Pacific states, and entered into force in 2003. It aims to eradicate
poverty and aid the signatories by integrating them into the world economy.
Sudan withdrew from the Cotonou Agreement in 2009, after it was revised to
include in its objectives the fighting of impunity and promotion of
criminal justice through the International Criminal Court. Al-Bashir has
been wanted by the ICC for war crimes, crimes against humanity, and
genocide, also since 2009.

Documents leaked in Der Spiegel and reports on German television showReport
Mainz state that the EU identified several funding risks: “Smuggling and
trafficking networks in the region are highly organized and sophisticated,
often with the complicity of officials … Corruption is reported to be
widespread in almost every beneficiary country, facilitating illegal
migration and trafficking through the complicity of ticket bureaus,
check-in-desks, immigration officials, border patrols, etc.” Those involved
in administering the EU Emergency Trust Fund have long been aware of these
persistent problems.

The EU’s rapprochement with Sudan is based on al-Bashir’s good faith and
lacks scrutiny of the regime’s track record. For many in Sudan, smuggling
and trafficking have become a lucrative business. Leading officers from the
National Intelligence and Security Service have beeninvolved in human
trafficking and smuggling for personal gain.

As recently as 2014, Human Rights Watch reported finding “evidence that
government aircraft deliberately bombed hospitals and other humanitarian
facilities.” Putting surveillance equipment and expertise in the hands of
this government will only strengthen its ability to target the most
vulnerable populations and directly endanger the lives of humanitarians.

This collaboration is undermining the EU’s human rights standards. Aside
from the ethical argument that giving funds to war criminals goes beyond
complacency to complicity, there are practical reasons why the EU should
not provide such funding. While it may temporarily ebb the flow of refugees
through Libya, it is not a long-term solution. Youth in Sudan are
protesting for their rights, and several movements within the country show
that the old ethnic divides, which allowed al-Bashir to keep Sudan in war,
are fading. The people of Sudan will eventually succeed in bringing a new
democracy to the nation, but the misguided policies of the EU merely hamper
their efforts and prolong suffering. When will the international community
learn to stop rewarding dictators for acts of unspeakable violence?

*Ahmed H Adam is a visiting fellow at Cornell University’s Institute for
African Development and a research fellow at the Department of Public
Policy and Administration at the American University in Cairo.*

*Ashley D Robinson is a Public Policy and Human Rights Expert; she obtained
her masters from Columbia University, School of International and Public
Affairs.*

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