For the EU, migration has been considered an international challenge for decades. Despite the fact that African migration to Europe is relatively small, intercontinental cooperation with the AU has become a priority (Klavert 2011, 16).
4.3.1 The joint Africa-EU Declaration on Migration and Development
November 2006, the AU and EU gathered in Tripoli and developed a joint Africa-EU Declaration on Migration and Development (AU and EU 2006, 2). It acknowledges migration as an increasing challenge that affects both the European as well as the African continent. The idea is that through regional and intercontinental cooperation, agreements can be established that will serve the interests of both continents. Cooperation and commitments from both parts is considered critical in this regard (AU and EU 2006, 3).
With an aim to create an enhanced partnership between Africa and Europe, the joint Africa- EU Declaration states nine participles as a basis for cooperation. Protecting refugees is one of them. It states that refugees should be identified and furthermore protected in line with international and regional conventions (AU and EU 2006, 10). The introduction to the Declaration also emphasizes the importance of also protecting the human rights of refugees in their process of seeking asylum (AU and EU 2006, 2).
4.3.2 The Africa-EU strategic partnership; A joint Africa-EU Strategy
The AU and the EU decided to continue the initiative for a more extensive cooperation between the two continents emphasised in the joint Africa-EU Declaration on Migration and Development by establishing a common strategy. The outcome was the African-EU strategic partnership; a Joint Africa4-EU Strategy (JAES), adopted in Lisboa in 2007 (the Lisbon Declaration) 5 (Klavert 2011, 16). The JAES provides a strategically framework with regards to challenges that affect both continents (AU and EU 2007, 2). Among the challenges emphasized in this regard was issues relating to migration. One of the strategies in order to improve migration management was following through with agreements established in the joint Africa-EU Declaration on Migration and Development in line with international
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A complex comprehension of actors from the African side is involved in this partnership such as for instance the African member states, the AU Commission and RECs (Regional economical Communities). The reason for it to be included in this research is that the AU has also approved and are partly responsible for the
implementation of the agreements resulting from the partnership. (http://europafrica.net/2007/02/17/african‐ actors/)
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agreements (ibid, 17). The Lisbon Declaration also introduced action plans in order to ensure implementation. These plans will be analyzed in the following sections.
First Action Plan (2007-2010). For the implementation of the Africa-EU Strategic Partnership
The First Action plan consists of eight concrete initiatives aiming to achieve what has been agreed on in the JAES. Creating a partnership between Africa and the EU concerning migration, mobility and employment is one of these priorities (AU and EU 2008, 36). Here the Action Plan encourages implementation and follow-up of the Declaration of the Tripoli Ministerial Conference on Migration and Development, the Africa Plan of Action on Trafficking of Human Beings and the 2004 Ouagadougou Declaration and Action Plan on Employment and Poverty Alleviation in Africa (ibid , 36). One of the expected outcome with regards to migration is a strengthen cooperation to counteract illegal and irregular migration as well as an “Enhanced capacity to ensure international protection for persons in need of it” (ibid, 37). Yet, Human Rights are not mentioned in this section of the action plan. Nevertheless optimization of the AU Migration Policy Framework is recommended in which respecting human rights is part of the foundation (ibid, 37).
Another priority set out in the action plan concerns human rights (ibid, 10). Thus respecting human rights is mentioned as a separate priority not directly in the context of migration management. Nevertheless, the importance of protecting human rights is presented on more general terms and can thus also be interpreted to also apply for refugees.
The second Action Plan: 2011-2013
The second Action Plan was developed in the 3rd Africa-EU summit and is a follow-up from the achievements in the first Action Plan (AU and EU 2011, 1). With regards to migration, the second action plan do not provide any concrete initiatives, but rather general recommendations. The recommendations seem not to differ significantly from previously provided recommendations either (ibid, 6). Nevertheless the importance of protecting refugees and asylum seekers are emphasised (ibid, 6). It also have a new approach which specifically encourages both the EU and Africa to integrate relevant international instruments as well as it stresses the importance of maintaining a good communication between the two parts (ibid, 62).
The agreements and related actions between the EU and AU on issues relating to migration are mainly financed by the EU. This is also true for the Lisbon Declaration and its two action plans. The AU is encouraged to contribute, but it is the EU which is assigned the main responsibility (AU and EU, 2008, 46, AU and EU, 2011, 12).
4.3.3 Euro-Mediterranean agreements
In addition to intercontinental agreements on a regional level, the EU has also encouraged member states to form bilateral agreements with the sending countries. The Euro- Mediterranean agreements were made as part of a strategy to reduce population movements towards Europe. It was the Hague program that suggested that agreements should be made with third countries in order to achieve “shared responsibility” (T. O. UNHCR 2006, 35). Conferrals were then made between the EU and the North African Mediterranean countries such as Tunisia, Morocco and Algeria. The agreement implies a partnership that gives the EU the opportunity to process asylum applications of refugees in North African Mediterranean countries.
In 2005 the Council of the EU Council developed a “Global approach to migration: Priority actions focusing on Africa and the Mediterranean” (European Council of Europe 2005, 3). The EU Council here calls for a closer cooperation between the member states of the Euro- Mediterranean agreements. The aim is to enhance all measures that can combat illegal and irregular cross-continental migration. By making illegal immigration a priority issue for all member states of the EU-Mediterranean agreement, the EU Council believes in a strengthened relationship between North and South. At the same time the EU also emphasizes the necessity of respecting international human rights agreements when managing illegal immigration (s3).
As highlighted in the section 1.3.4, the EU member states have responsibility both for those asylum seekers waiting for their application to be processed as well as for those who have had their application denied and cannot be returned due to the non- refoulement principle. The Euro-Mediterranean Agreements can be understood as a tool from member states to reduce this responsibility. The agreements was promoted as a “responsibility sharing” initiative. Jaulin (2010, 10) points out that EU`s intentions behind this partnership might instead lead to a “burden shift” with regards to handling of illegal immigration. By processing the asylum applications outside the external borders of Europe, the EU is able to prevent refugees from reaching within the Schengen area and thus avoids having to take the non-refoulement
principle into consideration. Consequently, the EU has been criticized for not acting in line with the principles of Human Rights. UNCHR expresses its concern in relation to the implementation of this provision with regards to international protection standards (T. O. UNHCR 2006, 37). Not being protected by the non-refoulement principle might implicate that refugees are sent back to a country where there is a chance that they will be exposed to persecution.