EU Directive on Consular Protection (2015)

Type of practice: Agreements
Country: Global
Name of Stakeholder: European Union
Type of Stakeholder Implementing the Practice: Regional Institutions
Type of crisis: Conflict, Natural Disaster
Crisis phase: Crisis Preparedness, Emergency Response, Post-Crisis Action

Description

On 20 April 2015 the EU Member States adopted the Directive on consular protection for European citizens living or travelling outside the EU. The Directive clarifies when and how EU citizens in distress in a country outside the EU have the right to receive assistance from other EU countries' embassies or consulates. The aim is to ease cooperation between consular authorities and strengthen European citizens' right to consular protection.

Related Links
http://ec.europa.eu/justice/citizen/consular-protection/index_en.htm

http://ec.europa.eu/justice/citizen/files/2015_637_en.pdf

Guidelines/Thematic Areas

Contingency planning

GUIDELINE 5: Involve migrants in contingency planning and integrate their needs and capacities

States, employers, recruiters and placement agencies, international organizations, and civil society have contingency plans and procedures to react to and mitigate the risks associated with crises. Many States of origin have contingency plans to assist their citizens abroad. If contingency plans do not exist, they should be developed during the pre-crisis phase to provide sufficient time to consider and test options.

Contingency plans should take into account and integrate migrants’ presence, potential needs, and capacities. Plans should anticipate migrants’ requirements for relocation, evacuation, communication, emergency shelter, food and non-food relief, health care, and psychosocial support. Plans should address ways to identify and respond to the needs of particularly vulnerable populations, such as migrant children, including unaccompanied and separated children, children of migrants in an irregular immigration status, migrant victims of trafficking, elderly migrants, and migrants with disabilities. Plans should also address the protection of migrants in detention. Contingency plans should be flexible, actionable, clear, and adapted to relevant regional, national, and local dynamics.

Involving migrants and civil society in the preparation of contingency plans can be particularly useful. Migrants and civil society can identify circumstances where targeted approaches are necessary to address the specific needs of migrants, such as language requirements. Employers and recruitment and placement agencies should be involved in contingency plans for migrant workers and their families.

Regularly updating and testing contingency plans can also be helpful to identify gaps and weaknesses in actions towards migrants and to ensure those charged with protecting migrants have the authority and capacity to do so. Joint contingency planning between emergency response actors and those working primarily with migrant populations can facilitate resource sharing and common understanding of risks, migrant populations, and local infrastructure. Contingency plans can include a crisis management structure that identifies responsibilities of different actors.

Sample Practices

• Multi-stakeholder contingency plans to share resources and capacities to assist migrants, including by undertaking multi-stakeholder asset mapping exercises.
• Crisis alert systems that monitor crises in host States and direct authorities to act based on the intensity of the crisis, such as obligation to evacuate migrants.
• Evacuation plans that set out clear rules and criteria for carrying out evacuations, such as document requirements and eligibility for evacuation.
• Emergency drills involving migrants to test contingency plans and identify obstacles and challenges.
• Inter-agency contingency plans that take into account migrants’ potential needs in crises.

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

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.

Sample Practices

• 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.

Communication during a crisis

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.

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.

Sample Practices

• 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.

Relocation and evacuation

GUIDELINE 13: Relocate and evacuate migrants when needed

During some crises, stakeholders may be able to protect migrants where they are located in the host State. But this may not always be possible, especially in situations where the repercussions of a conflict or natural disaster envelop large geographic areas. Where protection cannot be provided locally, it may be necessary to relocate migrants to other parts of the host State or evacuate them to States of transit or the State of origin. Some migrants may make these journeys on their own. Many may rely on States, their employers, recruiters, or placement agencies, international organizations, civil society, and other migrants for support and assistance.

Evacuation is generally a last resort but absolutely essential if migrants cannot remain safely where they are and cannot be relocated safely to another part of the host State. Where comprehensive contingency plans and standing evacuation and relocation arrangements are not already in place, ad hoc arrangements may be needed to communicate evacuation information, determine eligibility for evacuation, establish modes of evacuation, and negotiate with States of transit and other actors. States, regardless of whether they are party to relevant international instruments, should implement specific safeguards to ensure individuals who face persecution, or, as appropriate, serious harm or other life-threatening situations in their States of origin or other States, including refugees, are protected against refoulement. Stateless persons may need specific assistance to take advantage of evacuation arrangements. Coordination between States and other stakeholders in carrying out evacuations can leverage resources, for example, to transport migrants to States of origin in the same region.

Sample Practices

• Evacuation of migrants to States of transit or States of origin with their informed consent.
• Establishment of criteria for eligibility for evacuation.
• Multi-stakeholder cooperation on evacuation.
• Evacuation for family units who have family members of different nationalities.
• Deploying personnel to consular posts to assist with evacuation.