Assistance to Foreign Nationals in the Areas Hit by the Great East Japan Earthquake

Type of practice: Assistance programs
Country: Japan
Name of Stakeholder: Government of Japan, International Organization for Migration (IOM)
Type of Stakeholder Implementing the Practice: Host State, International Organizations
Type of crisis: Natural Disaster
Crisis phase: Emergency Response

Description

The Great East Japan Earthquake affected foreign nationals in the areas hit by the disaster. Elements of the Japan’s Ministry of Foreign affairs response, implemented in cooperation with IOM, included:

• Web based news release;
• Daily briefing for diplomatic corps;
• National Radio Network (NHK World) broadcasting in multiple languages;
• Briefing for foreign business communities;
• Collaboration in search efforts with diplomatic corps, police and local government;
• Dispatch of the ministry officials to the affected sites;
• Facilitation of rescue and voluntary return arrangements for foreign nationals;
• Quick issuance of Visas for families and humanitarian workers to assist victims;
• Eased re-entry and over-stay process for foreign residents.

Related Links
https://www.iom.int/files/live/sites/iom/files/What-We-Do/idm/workshops/...

Guidelines/Thematic areas

Information on crises

GUIDELINE 1: Track information on conflicts and natural disasters, and potential impact on migrants

To protect migrants, States, private sector actors, international organizations, and civil society need to understand risks and exposure to crises in regions, countries, and localities. They also need to understand the ways in which crises can affect people, including migrants, and their assets. The period before the onset of a full-scale conflict or natural disaster is a critical time to undertake efforts to protect and assist people, including migrants, and to secure essential resources and infrastructure.

Not all conflicts and natural disasters are entirely unpredictable. Conflicts may be preceded by various signs, including protests, xenophobic violence, and civil unrest. Local actors, close to the source of an impending conflict, and with the experience to interpret signs and events, may often possess the most timely and accurate information. They can be an important source of knowledge for others.

Understanding regional, national, and local natural disaster risks and overlaying this information with information on the location and characteristics of migrants can inform preparation and response efforts. As in conflict situations, local sources of knowledge may also be important. While many natural disasters occur with great immediacy, different regions, countries, and localities are prone to specific types of natural disasters. Those related to weather events often occur with some forewarning. Some are cyclical and recurrent and the warning signs will be familiar to those who have experienced them before. A number of early warning systems exist to forecast and monitor natural disasters and alert stakeholders and communities of impending crises.

Sample Practices

• Early warning systems for natural disasters adapted and tested to reach migrants in multiple languages.
• Assessments to understand the potential effects of natural disasters on migrant communities and their assets.
• Inclusion of migrant characteristics in disaster vulnerability assessments by analyzing how factors, such as immigration status, language proficiency, or gender reduce access to information, resources, or protection.
• Community-based risk assessments that engage migrants in the identification of natural disasters, vulnerability, and capacities.
• Inclusion of migrants’ presence and vulnerability in early warning and early action mechanisms.
• Structures to share information on developing civil unrest or conflict.

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 an 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.

Sample Practices

• 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 an 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.

Coordination

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.

Sample Practices

• 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.

Communication during a crises

GUIDELINE 9: Communicate widely, effectively, and often with migrants on evolving crises and how to access help

Multiple formal and informal communication systems should be activated once a conflict or natural disaster erupts. Migrants should receive information on the evolving nature of a crisis and on ways to access assistance. In addition, those affected by conflicts or natural disasters often have clear ideas about how to improve their safety and security in an emergency. They are an important source of information about risks, local needs, and gaps in protection.

Stakeholders can communicate information to and receive information from migrants and other stakeholders. Repeat messaging, using multiple channels, and different mediums (infographics, audio, and print) can help expand coverage. This is particularly important to reach migrants in an irregular immigration status, those working in isolated and remote conditions, and those who lack access to social and other networks. Communicating and engaging with a diverse representation of migrants, including with marginalized groups, improves needs assessment.

All stakeholders also benefit from timely information as crises evolve and new issues arise. In conflicts, for example, fighting may break out in new geographic areas and affect different migrant populations. In natural disasters, such as earthquakes, aftershocks may cause new damage. It is important to continue to assess these shifting patterns and adapt responses to changing needs.

Different stakeholders are often privy to unique information. Sharing information and knowledge on the evolution of crises and on available assistance can support efforts by all stakeholders to protect migrants and can mitigate confusion that might otherwise arise. For example, some States may obtain information on particular aspects of conflicts or natural disasters helpful to informing actions by other stakeholders, including humanitarian actors. Stakeholders may find value in developing consistent messaging on risks and status updates during crises.

Sample Practices

• Regular crisis updates and information on where and how to access assistance through multiple communication channels in relevant languages.
• 24-hour call centers with linguistically diverse and trained staff offering information and services.
• Dedicated outreach through volunteers and grass-roots actors to disseminate information on risks, logistics, and assistance to those in an irregular immigration status or working in isolated conditions.
• Migrant support centers to disseminate information to migrants.
• Migrants as a source of information on local conditions, on sources of assistance, and challenges.
• Briefings and situation updates by host State authorities.

Facilitating movement to safety

GUIDELINE 10: Facilitate migrants’ ability to move to safety

In the immediacy of a conflict or natural disaster, migrants, like many other affected populations, will seek to flee to safety by relocating within the host State to areas unaffected by the crisis, across borders to States of transit as a temporary haven, or back to States of origin. Normal immigration processes are disrupted by crises and States may need to clarify how disruptions affect such processes.

Migrants may need support to reach safety. Identity and travel documents can be destroyed, lost, or left behind in the chaos or intensity of a crisis. Some migrants, particularly victims of trafficking or migrants in other exploitative situations, may have had their identity and travel documents confiscated. Yet others may have arrived in the host State without authorization and never possessed valid documentation.

Access to valid identity and travel documents is crucial for migrants seeking to cross international borders to escape harm. Migrants may be required to present such documents in order to flee to safety within the host State or to obtain assistance. States of origin depend on identity and travel documents to determine citizenship and to assist citizens to evacuate or return to their homes.

Migrants seeking safety may face barriers in meeting visa requirements, securing immigration exit visas, paying immigration fees or penalties for overstay, and fulfilling entry requirements (particularly in States of transit). Migrants’ ability to move to safety may be limited by visa and work permits that restrict them to particular geographic areas or employers. Waiving restrictions or lifting penalties for violating restrictions during a conflict or natural disaster can help save lives and improve migrants’ access to help. 

In addition to dangers in a crisis that prevent all affected populations from fleeing (insecure areas, blocked ports of exit, destroyed transportation infrastructure), migrants in detention are particularly vulnerable. If custodians of detention facilities flee their posts, migrant detainees may be unable to get out of harm’s way and access humanitarian assistance.

Sample Practices

• Waivers or exceptions to exit, stay, and entry requirements.
• Timely issuance of laissez-passer and replacement of other identity and travel documents.
• Deployment of consular assistance teams to borders, airports, or other transit points.
• Provision of temporary or humanitarian protection status for migrants.
• Evacuation plans for detention facilities and migrant shelters.
• Advocacy with and among States on keeping borders open to facilitate movement to safety.

Provision of humanitarian assistance

GUIDELINE 11: Provide humanitarian assistance to migrants without discrimination

In the collective effort to protect migrants caught in countries experiencing conflicts or natural disasters, there is no greater imperative than to save lives and alleviate suffering. Humanitarian assistance should be provided to people affected by a conflict or a natural disaster, including migrants, on the basis of need, without discrimination, and regardless of immigration status, nationality, ethnicity, gender, age, disability, or other differentiating characteristics.

Some migrants, just as with affected citizens, may need assistance to address their particular needs and circumstances. Domestic workers and others working in isolated conditions, migrants in an irregular immigration status, and migrants in detention may require specific assistance from States, international organizations, and civil society. Some migrants may be unwilling to leave host States due to incapacitating financial burdens; they may owe money to recruiters or employers. Others may lack access to the necessary financial resources to leave, because their wages are withheld, their employers are unable or unwilling to pay for their return, or they work in exploitative situations. Pregnant women, persons with disabilities, and the elderly may face mobility challenges.

Migrants’ needs will not remain static during the shifting dynamics of a crisis. Organized criminal networks may take advantage of marginalized migrants in a crisis, exacerbating their vulnerability. A change in circumstances in a migrant’s State of origin may compel some people to seek asylum rather than return. Stakeholders should ensure access to asylum procedures in the host State or States of transit. States may consider providing migrants temporary and other forms of humanitarian protection during or in response to a conflict or natural disaster.

Sample Practices

• Displacement tracking mechanisms to identify migrant movements and needs.
• Tailored assistance to migrants that take into account needs that may arise from gender, age, disability, sexual orientation, gender identity and expression, immigration status, or other characteristics.
• Assessment tools to determine migrant-specific vulnerability and needs, including specialized screening for indicators of human trafficking.
• Targeted action to protect migrant children, including unaccompanied and separated children, and children with parents in an irregular immigration status.
• Services to trace and reunify family members and identify remains and missing migrants.
• Mobile response teams to reach and provide assistance to affected migrants.
• Separation of immigration enforcement from access to humanitarian services to promote access to life-saving assistance especially for migrants who fear authorities.
• Mechanisms to recover outstanding wages.