GUIDELINE 11: Provide humanitarian assistance to migrants without discrimination

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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. 
Country:
Type of Practice:

UNICEF Pacific developed a toolkit for actors working in child protection in emergencies in the pacific regions. The quick reference guide takes into account preparedness, response and recovery phases and is directed towards building stronger child protection national systems.

Country:
Chile
Type of Practice:

Only a few days after an earthquake hit the central Chilean region around the city of Concepcíon, DHL stepped in with its DHL Disaster Response Team (DRT) to help the local Chilean authorities to transport relief goods to areas that were particularly hard hit by the earthquake. 

Country:
Colombia
Type of Practice:

Following the Nepal eartquake in 2015, the Colombian Ministry of Foreign Affairs activated its emergency protocol.

Country:
Yemen
Type of Practice:

The Search and Rescue Mobile Teams of the UN Migration Agency (IOM) Mission in Yemen are in the occupation of saving lives.

Country:
Mexico
Type of Practice:
Government bodies

Grupos Beta (Beta Groups) is a service by the National Institute of Migration (INM) of Mexico dedicated to the protection and defense of the human rights of migrants and are specialized in providing orientation, rescue and first aid, regardless of nationality or immigration status.

Country:
Global
Type of Practice:
Manuals

Disability Inclusion: Translating Policy into Practice in Humanitarian Action documents positive practices and ongoing challenges to promote disability inclusion across UNHCR’s and its partners’ work in multiple countries and multiple displacement contexts.

Country:
United States of America
Type of Practice:
Domestic laws and policies

The Robert T.

Country:
United States of America
Type of Practice:
Agreements

This agreement is set out concerning the respective roles and responsibilities of the Departments of State and Defense regarding the protection and evacuation of U.S. citizens and nationals and designated other persons from threatened areas overseas.

Country:
Italy
Type of Practice:
Assistance programs

The Italian Red Cross provides first line primary health support at landing points in Italy. Once migrants arrive, doctors from the Ministry of Health conduct an on-board medical check.

Country:
Honduras, Mexico
Type of Practice:
Reintegration programs

The ICRC, in collaboration with the Mexican and Central American National Societies, provides free assistance to migrants (in transit or returned) who have suffered major illnesses or injuries during their journey (including amputations, spinal cord injuries, etc.).