Type of practice: Agreements
Country: Philippines, Saudi Arabia
Name of Stakeholder: Government of the Philippines; Kingdom of Saudi Arabia
Type of Stakeholder Implementing the Practice: Host State, State of Origin
Type of crisis: Conflict, Natural Disaster
Crisis phase: Crisis Preparedness
This Agreement between the Ministry of Labor of the Kingdom of Saudi Arabia and the Department of Labor and Employment of the Republic of the Philippines aims to protect the rights of both the employers and domestic workers and regulate the contractual relation between them.
Related Links: http://www.poea.gov.ph/laborinfo/agreement/2.pdf
- Empowering migrants
GUIDELINE 3: Empower migrants to help themselves, their families, and communities during and in the aftermath of crises
In order to help themselves and others and to enjoy their rights, migrants need access to identity documents, basic public services, and financial and other resources. Migrants’ ability to help themselves and enjoy their rights can be undermined by factors related to their entry and stay, means of arrival, connections to local populations, and conditions in the host State, including in workplaces. These factors can in turn undermine emergency response and recovery efforts.
States, private sector actors, international organizations, and civil society can promote migrants’ resilience and empower migrants to help themselves during and after a crisis by addressing underlying conditions of vulnerability. Respecting, protecting, and fulfilling migrants' human and labor rights in ordinary times advance these goals as do efforts to ensure migrants are able to access information, basic services, and administrative, judicial, and other redress mechanisms.
Legal, policy, and operational factors that constrain protection should be addressed. Examples of obstacles include laws, policies, and practical barriers that arbitrarily restrict the movement of migrants, enable arbitrary detention, discriminate between migrants and citizens in the provision of humanitarian assistance, or permit exploitative employment or recruitment practices.
In times of crisis, fear of immigration enforcement can inhibit migrants, particularly those in irregular immigration status, from accessing necessary help. In this context, it is important to separate immigration enforcement actions from those that promote migrants’ access to services, humanitarian assistance, identity documents, and movement.
Stakeholders can provide migrants—prior to departure from the State of origin, upon arrival in the host State, and during their stay in the host State—with pertinent information related to country-specific conflict or natural disaster hotspots, rights and potential rights violations or abuses, ways to access timely, credible, and regular information, emergency contact points, and what to do and where to go in the event of a crisis. Building migrants’ skills to communicate in the host-State language and increasing migrants’ financial literacy may prompt migrants to invest in savings, take out micro-insurance, and better prepare for navigating unforeseen circumstances.
- Pre-departure and post-arrival training for migrants that includes crisis-related information.
- Positive communication about migrants, including through migrant role models and campaigns to promote tolerance, non-discrimination, inclusiveness, and respect.
- Financial products, including micro-insurance, savings accounts, and fast-cash loans that target migrants’ needs, including low-income migrants.
- Measures that respect, protect, and fulfill migrants’ human and labor rights, including addressing barriers that inhibit migrants’ ability to enjoy their rights. Identity cards for migrants in irregular immigration status to promote their access to services.
- Ethical recruitment processes and accreditation, and integrity certification schemes.
- Community-based alternatives to detention for migrants.
GUIDELINE 7: Establish coordination agreements in advance to leverage strengths and foster trust
States, private sector actors, international organizations, and civil society often work with fewer resources than required. Each of these stakeholders has unique skills, resources, and strengths. Working together to build partnerships, entering into agreements, and establishing routine coordination improves collective responses towards migrants, and prevents duplication of efforts. Such arrangements are best entered into before the next conflict or natural disaster, when stakeholders have the opportunity to anticipate challenges and leverage unique skills and strengths. Joint planning and coordination maximizes resources, improves the effectiveness of responses, and fosters trust between stakeholders. Involving migrants and civil society, who have first-hand knowledge of the specific needs and challenges faced by migrants, can improve the effectiveness of efforts to protect migrants in countries experiencing crises, including at the local, national, regional, or international levels.
These arrangements may relate to a range of activities relevant to the needs of migrants during the emergency phase and its aftermath—from collection of data to information sharing, consular services to identity assessments, awareness-raising to strategic communication plans, provision of humanitarian relief and services to referral systems, capacity-building to evacuation and reintegration assistance, and much more. This may include coordination and information sharing among anti-trafficking experts and humanitarian assistance providers to ensure screening for trafficking and referral to appropriate services. Additionally, by developing systems to identify refugees, asylum-seekers, and stateless persons, States can better ensure that these persons are appropriately referred to the available refugee and other protection mechanisms.
Stakeholders can often arrange in advance key services and resources that will be in high demand when a crisis hits, including transportation, shelter, food, health care, and timely and accurate information. Establishing and maintaining clear channels of communication between consular posts and relevant agencies of the host State is important. Such channels of communication could prove critical during crisis situations.
- Pre-arranged agreements among stakeholders, such as agreements between States and international organizations for identity verification, shared use of assets, family tracing, and deployment of experts and humanitarian personnel.
- Multi-stakeholder agreements for relocation and evacuation that set out roles and responsibilities of partners and provide guidance on allocation of costs.
- Cross-border cooperation on crisis preparedness, taking into account particular needs of migrants, especially at a local level for communities that straddle borders.
- Reciprocal consular assistance and representation agreements to address gaps in situations where States do not have a diplomatic or consular presence in a country or have limited capacity.
- Capacity building
GUIDELINE 8: Build capacity and learn lessons for emergency response and post-crisis action
Limited resources, funding, and technical skills can all affect the robustness of emergency and post-crisis responses. Understanding and assessing these limitations is a critical first step towards overcoming them. Stakeholders’ investment in their own capacity to improve emergency response and post-crisis recovery for migrants is critical.
Capacity building may relate to such varied areas as consular services, training for responders, resource allocation, funding mechanisms, insurance schemes, relief goods and services, border and migration management, and relocation and evacuation. Many of these areas are relevant for both the emergency and post-crisis phases. Stakeholders should also consider addressing potential reintegration challenges for migrants, their families, and communities, facilitating re-employment, income generation, and safe remigration, and supporting migrants to access outstanding wages, assets, and property left in host States.
States, private sector actors, international organizations, and civil society should assist one another to build and improve their capacity to respond. Undertaking advocacy, monitoring and evaluations, raising awareness, conducting training, sharing information, building research and knowledge, and supporting and learning from each other all help to improve collective efforts to protect migrants.
- Training and capacity building of stakeholders, such as on effective ways to access migrants and identify vulnerability and needs.
- Dedicated funding to protect migrants, including budget lines, loans, and funding platforms.
- Referral mechanisms that map rosters of experts who can address diverse needs of different migrants.
- Peer-to-peer exchanges for capacity building and learning on tackling challenges associated with protecting migrants.
- Training for consular officials, such as on collecting information on citizens and crisis management, including evacuation.
- Monitoring and evaluation of crisis responses that includes analysis of responses towards migrants.