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Tunisian authorities intercept boats of migrants trying to cross the Mediterranean under the EU deal. Allegations of abuse by Tunisia’s security forces are widespread.Photograph: Zuma/Alamy

The EU will be unable to claw back any of the €150m (£125m) paid to Tunisia despite the money being increasingly linked to human rights violations, including allegations that sums went to security forces who raped migrant women.

The European Commission paid the amount to the Tunis government in a controversial migration and development deal, despite concerns that the north African state was increasingly authoritarian and its police largely operated with impunity.

Guardian investigation last month revealed allegations of myriad abuses by EU-funded security forces in Tunisia, including widespread sexual violence against migrants. 

Now it has emerged that there is no system in place to retrieve the funds even if the money is connected to serious human rights violations.

European funding rules dictate that the money should be spent in a way that respects fundamental rights, with stricter requirements introduced in 2021 to ensure any spending does not contravene human rights.

However, a human rights impact assessment was not carried out before the EU-Tunisia deal was announced last year. The money was paid to Tunis in March.

Catherine Woollard, director of the European Council on Refugees and Exiles, said human rights abuses were inevitable with a migration deal that aims to stop people from reaching Europe by boat from north Africa.

She said: “Human rights violations are a feature, not a bug, in agreements with repressive governments. They are about outsourcing not just people but also abusive actions when Europe doesn’t want to get its hands dirty.”

Tunisia’s controversial president, Kais Saied, secured a second five-year term this week with an election win condemned by rights groups and which further cemented the country’s slide from birthplace of the Arab spring into an autocracy.

Victory for Saied, who has a record of racist tirades against migrants from sub-Saharan Africa, has prompted concerns that it may precipitate fresh abuses by his security forces.

Brussels’ deal with Tunisia, and its compatibility with the bloc’s human rights obligations, is now the focus of an investigation by the EU ombudsman. Emily O’Reilly’s report, due in the coming weeks, is likely to question the accord’s integrity and whether measures are in place to suspend EU funding if human rights violations are identified.

O’Reilly said it had been “really tricky” to follow the funding as part of the EU-Tunisia deal.

She said: “If you discover that equipment that you have funded to Tunisia is being used in a way that damages the fundamental rights of migrants, are you going to get the money back? How are you going to get the money back?”

A commission spokesperson said the €150m was paid to Tunis after “mutually agreed conditions” had been met.

In a further development that underlines growing unease over the deal, the international criminal court (ICC) may launch an investigation into the abuse of sub-Saharan migrants by the Tunisian authorities.

Such a move would be acutely embarrassing for the commission and modelled on a similar inquiry into the mistreatment of migrants in neighbouring Libya.

The British barrister Rodney Dixon KC filed a submission to the ICC regarding abuse of migrants five days after the Guardian’s allegations that members of the Tunisian national guard were raping women and beating children.

Dixon said: “We are hoping to work with the [ICC’s] office of the prosecutor in the coming months to ensure this matter is investigated given the seriousness of the allegations. There is a clear legal basis to proceed.”

Even before the latest scandal involving the Tunisian security forces, EU officials were already uneasy about backing a migration deal that has become a template for agreements with other states such as Egypt and Mauritania.

Related:Arab spring dreams in ruins as Tunisia goes to polls against backdrop of repression

An internal document from the EU’s diplomatic service leaked last month exposed concern that the EU’s credibility could suffer because of its attempt to tackle migration through payments to repressive regimes.

A commission spokesperson said: “The respect for human rights and human dignity of all migrants, refugees and asylum seekers are fundamental principles of migration management, in line with obligations under international law.”

They added that human rights obligations had been raised with the Tunisian authorities as part of the deal and that significant efforts and schemes to monitor EU funded programmes were in place “including [monitoring] the situation on human rights”.

“Efforts are ongoing in Tunisia to strengthen existing monitoring mechanisms. The commission remains engaged to improve the situation on the ground.” By Mark Townsend, The Guardian

King Charles will not attend the 2024 United Nations Climate Change Conference in Baku next month as the government has reportedly not elected him to represent Britain while he continues his cancer recovery, Sky News reports.

The King is a committed climate change activist and has been widely praised by leaders for advocating for better conversation on the topic.

Organizers of COP29 anticipated England’s monarch, who attended the event last year, would continue his long history of heralding environmental activism at the summit.

Sources have now revealed British government officials did not ask Charles to represent the United Kingdom at the November climate change event in Azerbaijan’s capital.

“The King will not be going to COP,” they told the UK’s Mirror.

It is understood Britain’s ministerial office called for the King to exercise “an abundance of caution” before travelling to Australia next week for a royal tour with Queen Camilla amid his cancer treatment.

In Dubai last December, the King gave a rousing call to arms in the opening statement of COP28. Charles warned the world remained “dreadfully far off track” in key climate targets from the Paris Agreement in 2015 and called for meaningful change. By Siranush Ghazanchyan, Public Radio of Armenia 

After Denise gave birth to a peacekeeper-fathered child in 2016, in the Beni region of eastern Democratic Republic of the Congo, she was hoping to get thorough support from the UN, the soldier, or from the country where the perpetrator was from.

Yet eight years on, as the UN peacekeeping mission (known as MONUSCO) draws down its troops from DRC, Denise said she is struggling to put her daughter through school and knows of many other women who are in the same position.

“We have always demanded two things: either substantial compensation that can help us guarantee good care for our children, or that MONUSCO gives the children to their fathers,” Denise told The New Humanitarian, asking for her real name not to be used.

On the ground for 25 years, MONUSCO and its predecessor mission have one of the worst records on sexual exploitation and abuse of any UN peacekeeping operation, with 272 allegations (some involving multiple perpetrators and survivors) against military personnel, according to a public database that tracks peacekeeper misconduct.

Almost 190 paternity claims have been raised against the peacekeepers, though there are likely hundreds more women and girls who have not come forward to MONUSCO because of fear of retribution or because they didn’t know the process.

The peacekeeper misconduct, combined with a perception that MONUSCO has failed to adequately protect civilians, has led to widespread public disaffection with the mission, which is one of the longest and costliest deployments in UN history.

To understand how women with peacekeeper-fathered children are feeling about MONUSCO’s departure – which is supposed to happen soon, though there is no clear date – The New Humanitarian spoke to mothers as well as local community leaders.

The interviewees – who are all from the restive Beni region – described rampant sexual exploitation and abuse by peacekeepers, and said a lack of support for peacekeeper-fathered children has left them in desperate financial situations.

Similar problems have beset other UN peacekeeping missions, with troop-contributing countries often refusing to cooperate with DNA testing procedures and failing to enforce child maintenance payments.

MONUSCO spokesperson Ndèye Khady Lo said the mission strives to provide children fathered by peacekeepers with assistance tailored to individual needs, including medical, psychosocial, and legal support, as well as access to education. 

However, Lo said paternity is the individual responsibility of the child's father, and the payment of child support is subject to the laws of the member states that are contributing peacekeepers.

Lo said efforts to address sexual exploitation and abuse involving peacekeepers will be a priority for UN agencies that remain behind in DRC once MONUSCO finalises its withdrawal.  

“While the disengagement of the peacekeeping mission is ongoing, the UN country team will remain and will receive and address any new reports of sexual exploitation and abuse, including paternity claims,” Lo said.

A photo of the road leading to the Nzuma neighbourhood where community leaders say there are dozens of women and girls with peacekeeper-fathered children.
Claude Sengenya/TNH
The road leading to the Nzuma neighbourhood where community leaders say there are dozens of women and girls with peacekeeper-fathered children.

Insufficient support

The Beni region – which The New Humanitarian visited in July – has been scarred by rebel and militia violence for over a decade. Large numbers of peacekeepers have deployed there, though brutal attacks on civilians have continued unabated.

The region was also the epicentre of the world’s second deadliest Ebola outbreak from 2018-2020. During this period, workers from the World Health Organization and other aid groups sexually abused and exploited large numbers of local women.

Denise, who is in her 30s, said she met a Tanzanian peacekeeper in Mavivi, which is home to the main MONUSCO camp in the Beni region, in 2016. During a months-long exploitative relationship, he would often give her money and pay for food.

After he returned to Tanzania, Denise said he gave her $300 to start a business to help her support their daughter. He then sent ad hoc payments at his own discretion – something women in similar circumstances could not count on.

“Not all women have had this grace,” Denise said. “For others, the relationship ends either when the peacekeeper realises that we are pregnant, or when he is repatriated to his country. My friends fight alone to raise their children.”

Worried the peacekeeper would abandon her, Denise said she decided to contact MONUSCO and requested a DNA test a few years ago. She said the test confirmed paternity, but state-mandated child payments were not enforced by Tanzania.

The UN has provided support for schooling materials and arranged temporary employment, but it hasn’t been sufficient, Denise added. She said she was paid to do rehabilitation work at an airport in Beni, but her contract didn’t last long.

Safi, who is also in her 30s, said she is struggling to support her six-year-old child, whose father is a South African peacekeeper. She said he initially sent money informally, but that changed when she contacted MONUSCO to request a DNA test.

“When we were told that MONUSCO was leaving, we decided to contact the disciplinary section to keep them informed of our situation and to get compensation. That's when everything went downhill,” Safi said.

“Since [learning of the procedures], he has cut off communication, and I no longer receive anything,” Safi added. “He asks me to now refer to the disciplinary section to get everything I wanted. Life has become complicated.”

Similar sentiments were shared by Kakule Kataliko Maombi, who is the brother of a woman who had a child with a Tanzanian peacekeeper in 2014, and who then passed away in 2019 when the child was five years old.

“Many have taken samples for DNA tests, but the results have never come out. The results are trickling in and we have no one to explain to us how the process is progressing and how long we have to wait.”

Maombi said MONUSCO previously provided the child with medical care and paid for their school fees but that it all ended suddenly, leaving his family with a “heavy burden”.

“Let them commit to just taking care of the studies of these children,” Maombi told The New Humanitarian when asked what he wanted MONUSCO to provide. “That can relieve us.”

While some women who have had their DNA tests confirmed are yet to receive formal child support, others are struggling to even get clarity on the tests and paternity claims, according to Denise. 

“Many have taken samples for DNA tests, but the results have never come out,” Denise said. “The results are trickling in and we have no one to explain to us how the process is progressing and how long we have to wait. My friends are living with impatience.”

According to the UN database, of the 188 paternity claims raised in DRC since 2010, only 21 have been validated. Over 100 claims remain pending, some after many years, while the remaining claims were unsubstantiated.

Power imbalances

On top of medical, psychosocial, legal, and education support, Lo said MONUSCO provides assistance to survivors of sexual abuse and exploitation through a UN trust fund that was established in 2016.

Lo said trust fund projects – which include vocational training, livelihood support, community-based initiatives, and assistance for schooling to children fathered by UN personnel – have had a “significant” impact on the lives of survivors.

“Poverty forces our sisters to tolerate these cases of abuse.” 

Still, community leaders who spoke to The New Humanitarian echoed the frustrations of the women and relatives of peacekeeper-fathered children, and also called on MONUSCO to provide more support.

Gervais Makofi Bukuka, head of the village of Vemba-Mavivi, said he is aware of more than 70 children born to peacekeeper fathers. He said most are living “without assistance”.

“They have no access to medical care, schooling, or child support,” Bukuka said. “We have alerted the section responsible for discipline within MONUSCO more than once, but there has been no significant progress. We fear for the future of these abandoned children.”

Asked why peacekeeper abuse and exploitation is so rife in Beni, Bukuka mentioned poverty in the area as the main explanation. “Do you expect resistance from a young banana seller to whom you show a 100 dollar bill?” Bukuka said.

“Poverty forces our sisters to tolerate these cases of abuse,” added Josué Kapisa, a community leader from the Nzuma neighbourhood of Beni town. Kapisa said he is aware of more than 30 children in his area that were born to peacekeeper fathers.

Unreported cases

Asked how extensive sexual abuse and exploitation by peacekeepers has been in the Beni region, Lo said MONUSCO has recorded 40 allegations over the past six years, with all them reported to the public UN database.

Lo said the mission has strengthened efforts to prevent sexual misconduct by holding contingent commanders accountable for enforcing strict discipline, and by holding regular training programmes on misconduct prevention.

Lo said UN police conduct patrols to see if peacekeepers are visiting prohibited areas or have unauthorised passengers in their vehicles, while a conduct and discipline team carries out risk assessment visits to areas where the risk of misconduct is higher.

Read more: Lo’s full comments on MONUSCO’s drawdown and peacekeeper misconduct

 

Interviews conducted by The New Humanitarian, however, suggest peacekeeper sex abuse and exploitation has been rampant in Beni for many years, with the vast majority of cases not reported to the mission.

Several residents said bars and brothels have sprung up around UN bases, and that some have been named after towns from the peacekeepers’ home countries. Their accounts are supported by recent media reports based on MONUSCO documents.

“They leave their bases and come to enjoy life with us at night before returning early in the morning,” said Denise, who regularly works in a brothel nicknamed “Soweto” after the South African blue helmets who allegedly frequent it.

Kapisa, the community leader from the Nzuma neighbourhood, said sexual abuse and exploitation is so rife that local residents often use a Kiswahili phrase that translates as “their job is only to impregnate" when talking about MONUSCO.

Several interviewees said peacekeepers bribed the families of survivors to pay for their silence after incidents of abuse and exploitation. As a result, it became difficult for civil society leaders who were trying to uncover and document what was happening.

“When we reported these cases of abuse, the victims' parents got [angry with] us because they were content with the material interests they got in return,” said Zadock Kamabu, a civil society leader in Beni. 

“The peacekeepers could offer them chickens, rice, canned fish, or other things that they find hard to find in this area plagued by poverty,” Kamabu added. “And the peacekeepers take advantage of this misery to abuse our children.”

Kamabu said women often feel they cannot report abuse and exploitation because they do not know the names of the perpetrators. He said many would obscure their identities by detaching name tags, or using false names in front of women.

Papy Kasayi, a youth leader from Beni, called on MONUSCO to fully “settle” with women who have suffered sexual abuse and exploitation before completing its disengagement.

“They have had children with our sisters – it is important that they settle before they go, to avoid leaving us with problems,” Kasayi said. “What will become of these children without a father?” Edited by Philip Kleinfeld, The New Humanitarian

Judge Mugambi noted that the voting patterns and numbers in the National Assembly regarding the impeachment motion also require examination by the Chief Justice’s appointed bench. [File, Standard]

The High Court has referred five petitions challenging Deputy President Rigathi Gachagua's impeachment to Chief Justice Martha Koome, to empanel a multi-judge Bench.

In his ruling, Justice Lawrence Mugambi stated that the issues raised in the petitions are serious legal matters that require the input of more than one judge.

“In my view, these petitions raise serious constitutional questions under Article 163(e) and (d)(2) of the Constitution, and I am persuaded to refer the five cases to the Chief Justice for empanelment,” Mugambi ruled. 

Judge Mugambi emphasized that the question of public participation in Gachagua's impeachment merits thorough examination by the appointed bench. 

Gachagua, represented by senior counsel Paul Muite, expressed concerns that he had not been given adequate time to respond to the 11 allegations of gross misconduct and corruption during the National Assembly's public participation process.

“There was also the question of whether there was adequate public participation and whether the process should include the response of the person being impeached,” Judge Mugambi stated.

He added, “If the absence of including the response of the person being impeached compromises the public participation outcome, prejudicing their right to a fair hearing under Article 57 of the Constitution, these are substantial questions of law arising from this impeachment process.” 

The judge also highlighted the need to determine whether the seven-day period provided for impeachment by the National Assembly was sufficient.

He noted that the standing orders relied upon in the impeachment process warrant judicial scrutiny. By Nancy Gitonga, The Standard

Ministry of Health is putting the lives of Kenyans’ health in danger by procuring less sensitive but expensive HIV testing kits, a pathologist has told the High Court. 

While accusing the ministry of failing to follow a scientific path to categorize HIV& AIDS kits, Dr. Perminas Okemwa told High Court Judge Chacha Mwita that the testing algorithm evaluation process was meant to give preferential treatment to one of the kits and not to offer Kenyans an effective and cost-effective option to test the disease.

“A1 assigned kit (Trinsreen HIV) and also unfair testing or screening for HIV infections that might comprise the test results for millions of Kenyans,” said Okemwa. 

The ministry gave Trinscreen the first Assay 1 (A1) test in the national testing algorithm. However, Dr. Okemwa stated that the superior performance of other kits in the pool was not considered.

According to him, placing other kits superior in performance and cheaper in categories A2 or A3 meant that the ministry wanted to prevent those kits from competing with Trinscreen. 

Dr. Okemwa testified in a case filed by Kathambi Ruciami and Guangzhou Wondfo Biotech Company Limited.

Through their lawyer Elias Mutuma, the two want the court to stop the procurement process and force the ministry to categorize the kits according to World Health Organization (WHO) standards.

Okemwa was the star witness in the case. He asserted that the categorization and the cost of the kits, as had been indicated by the Ministry, would affect the public's ability to access affordable and reliable HIV testing.

The court heard that since Trinscreen’s cost is higher, the government would have to get fewer kits for the amount allocated and, in turn, have more Kenyans exposed to HIV due to lower coverage of testing services.

“This, in turn, increases the risk of undiagnosed HIV cases, which could exacerbate the spread of the virus. With fewer people able to access affordable and reliable tests, the overall fight against HIV is significantly jeopardized. Fair access to quality testing is crucial in reducing transmission rates and ensuring everyone can make informed decisions about their health,” said Okemwa.

In this case, the ministry wants the court to dismiss the claims. Its witness, the Director General of Health, Dr. Patric Amoth, was meant to appear as its star witness. However, the Attorney General said that he was at a malaria conference.

In his affidavit before the court, Amoth said that when the ministry communicated with the Chinese company, it realized that the kits had been classified as A1 instead of A1/A3.

He said that the letter informing the firm about the kits was corrected.

“The 2nd petitioner did not raise any issue with the classification of their test kit as A2. Indeed, the 2nd petitioner donated test kits and partly funded the algorithm pilot with full knowledge of being an A2 in the Kenya HIV testing algorithm,” replied Amoth.

The DG further said the ministry went quiet as another case had been filed over the rollout of three test algorithms in the country.

Dr Amoth claimed that the approved research protocol does not require countries to invite manufacturers to defend their products.

He stated that it would amount to solicitation.

The government official asserted that Kenya has to move from two test algorithms to three as a report for HIV indicated that between 2023 and 2023, at least 220 666 children were at risk of misdiagnosis.

He said the Chinese firm knew that its kits had been placed in the second classification level, Assay 2 (A2).

In 2019, the World Health Organization (WHO) recommended that countries transition from a two-test algorithm to a three-test algorithm to improve the accuracy of HIV testing.

Kenya has been employing a two-test strategy for the past 15 years. However, the primary concern with this approach is that it often results in conflicting test results.

Two women and the government are already engaged in an ongoing separate court battle regarding the two-test strategy after they received positive results from the kits despite being negative.

WHO had also recommended the use of dual HIV/syphilis rapid diagnosis tests for pregnant women attending ante-natal care. Kenya adopted this strategy for pregnant women in 2018.

The health agency also recommended that for a positive HIV diagnosis, the three consecutive tests should maintain a 99 per cent predictive value. This means that out of every 100 individuals tested, 99 will receive accurate results.

Last year, a task force was formed to review and categorize the kits intended for use in the country. To justify why the government needed to change its approach, the task force conducted tests using the two-test and the new three-test methods for comparison.

In a review test involving 1,776 individuals (excluding pregnant women) using the old two-test algorithm, 99.5 per cent, 95.23 per cent, and 98.7 per cent were mixed results.

Regarding dual HIV/syphilis testing, the task force recommended Kenya to continue using the Standard Q test for pregnant women due to its superior clinical sensitivity for syphilis, broader range for storage temperature, and lower cost.

It also recommended that the country do away with the old testing system.

In February of this year, the ministry tasked the National AIDS & STI Control Program (NASCOP) with overseeing the rollout and implementation of the transition to using new categories.

This is where the battles began. Joseph Omwando filed the first case against the Ministry of Health, accusing it of failing to involve stakeholders and procuring kits with lower sensitivity. Then Wondfo and Kathambi filed a separate one. The case continues on October 17, 2024. By Kamau Muthoni, The Standard

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