Type of practice: Assistance programs
Name of Stakeholder: United Nations High Commissioner for Refugees (UNHCR), International Organization for Migration (IOM), Save the Children Italy, Italian Red Cross, Government of Italy
Type of Stakeholder Implementing the Practice: Host State, State of Transit, International Organizations
Type of crisis: Conflict
Crisis phase: Emergency Response
The Praesidium project, implemented by UNHCR together with IOM, Save the Children (Italy) and the Italian Red Cross, with the support of the Italian Ministry of Interior and, for the first three years, the European Commission, was an innovative model for the reception and protection-sensitive reception of asylum seekers and others arriving by sea in the context of irregular mixed migratory flows, which included migrants fleeing situations of crisis, to Southern Italy. Initially focused on the island of Lampedusa when launched in March 2006, the project was later extended to cover Sicily and other locations on the Italian mainland. This project was based on multi-partnerships between national authorities, multilateral agencies and national non-governmental institutions. It proved to be an effective operational model, enabling the provision of information to those who arrived and the identification of appropriate channels for their reception and access to appropriate legal and administrative procedures. During the Libyan crisis, the Praesidium project was strengthened to cope with the dramatic rise in the influx of migrants. While the project was originally conceived to assist 20,000 arrivals per year, by the end of August 2011 it had registered 50,000 arrivals. In addition, rescue at sea has been a critical form of assistance, saving the lives of migrants and refugees who often fled in unseaworthy and overcrowded vessels. Increased inter-State cooperation was called for, particularly in terms of burden- and responsibility-sharing.
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.
- 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
- 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.