Type of practice: Assistance programs
Country: India, Nepal
Name of Stakeholder: Government of India
Type of Stakeholder Implementing the Practice: State of Origin
Type of crisis: Natural Disaster
Crisis phase: Emergency Response

Description

During the Nepal Earthquake, the Indian Government instructed the Bureau of Immigration to give 'Gratis Visa' (goodwill visa) to foreigners stranded in Nepal for their speedy evacuation.

Related Links
http://articles.economictimes.indiatimes.com/2015-04-26/news/61542720_1_...

Guidelines/Thematic Areas

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.
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.
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.

 

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