Type of practice: Assistance programs
Country: Egypt, Libya
Name of Stakeholder: International Organization for Migration (IOM), Government of Egypt
Type of Stakeholder Implementing the Practice: State of Transit, International Organizations
Type of crisis: Conflict
Crisis phase: Emergency Response
During the 2011 Libyan crisis IOM, in coordination with the Egyptian authorities, United Nations and civil society partners, provided humanitarian assistance, including food, water, blankets and hygiene kits, to migrants stranded in the Salloum Camp. With no possibility to set up camp-like facilities in the no man’s land, IOM and humanitarian partners had to overcome difficulties to evaluate fluctuating needs and adjust assistance as well as to track vulnerable cases. An IOM Health Unit was established at Salloum border, with a team of expert physicians, nurses and trained counsellors to assist in mitigating the health risks posed to migrants fleeing the conflict. In close collaboration with the Egyptian Ministry of Health and Population, and partners, IOM provided health care to migrant evacuees stranded on the Egyptian-Libyan border. IOM also provided pre-departure health checks for refugees accepted into Egypt, hospital referrals, and medical escorts for returnees. IOM worked with the Egyptian government and the army to offer the necessary help to people coming back from Libya.
IOM also liaised with and provided logistics support to consular officials deployed in Salloum to issue travel documents to undocumented nationals stranded in the no man’s land at the border crossing.
- Information on migrants
GUIDELINE 2: Collect and share information on migrants, subject to privacy, confidentiality, and the security and safety of migrants
To protect migrants when conflicts or natural disasters erupt, States, private sector actors, international organizations, and civil society need information about migrant populations. Aggregated data on the municipal, national, regional, and international scale of migration and the demographics of migrants, such as gender, age, and nationality, enable stakeholders to understand the nature and scope of needs in the case of a crisis. Local-level migrant community profiles help stakeholders target responses. Some stakeholders collect detailed information on the location of migrants, how to contact individual migrants, emergency and family contacts, and specific vulnerability and needs. Recruitment and placement agencies collect information on the location and situation of labor migrants they deploy to other States and can be a useful source of information.
Migrants play a key role in sharing and updating their information to enable stakeholders to contact and assist them in the event of a conflict or natural disaster. That said, migrants in an irregular immigration status in particular may have reservations about putting themselves at risk by becoming more ‘visible’ and sharing contact and other information with stakeholders, especially State authorities. Such migrants are also more likely to be highly mobile and move from one temporary residence to another. Efforts to collect and share aggregated information on migrants in an irregular situation should address these barriers. Engaging civil society can help mitigate such challenges.
In cases where States, private sector actors, international organizations, and civil society collect personal data, they should respect privacy rights and confidentiality with a view to ensuring the safety and security of the migrants (and where relevant, other stakeholders) on whom they collect and share information. In collecting and handling information containing migrants’ personal details, stakeholders need to act in accordance with applicable law and standards on individual data protection and privacy. Stakeholders should also ensure informed consent. Stakeholders can adopt clear guidelines that define the type of personal data to be collected and the ways in which such data will be handled, including circumstances in which data can be shared.
- Registration systems for citizens abroad that enable States of origin (or family, community, or civil society, where practical and appropriate) to contact migrants in the event of a crisis and provide them with information on the crisis and available assistance.
- Measures to encourage citizens to register, such as user-friendly, online registration systems that highlight the benefits and services that become available through registration.
- Host State registration systems to collect information on migrants upon arrival.
- Aggregated data and research on migration trends and demographics, including the purpose and routes of migration and nature and characteristics of migrants.
- Information on migrant community profiles, migrant networks, and focal points.
- Databases of migrant workers that include information on accompanying family members.
- 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.
- 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.
- 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.
- Referral procedures
GUIDELINE 12: Establish clear referral procedures among stakeholders
Certain stakeholders have mandates and unique skills to address the needs of different migrants. Referral procedures can help access these skills for those with particular needs.
Child migrants, for example, benefit from the assistance of actors versed in children’s rights and protection, including dedicated focal points in governments. Interventions targeted at domestic workers or victims of trafficking may benefit from the knowledge and experience of advocates and specialists on those populations. Civil society, such as migrant, grass roots, and faith-based actors, may be best placed to access migrants in an irregular immigration status. Consular officers and some international organizations may have the authority and capacity to assess identities and issue identity and travel documents. Host State local and national actors are often best placed to provide necessary services and international humanitarian actors should strive to provide assistance through local and national systems.
Stakeholders should establish referral procedures to ensure that those responding to the needs of migrants refer refugees, asylum seekers, and stateless persons to national and international protection mechanisms for those populations.
- Identification and rapid assessment of migrants with specific needs who require referrals to services and assistance.
- Referral of refugees, asylum seekers, and stateless persons to relevant protection mechanisms.
- Deployment of experts to host States to identify, assess, and address needs of migrants.
- Referrals to international organizations and civil society with specialized experience assisting victims of trafficking, children, and other vulnerable migrants.