Type of practice: Domestic laws and policies
Country: Canada
Name of Stakeholder: Government of Canada
Type of Stakeholder Implementing the Practice: Host State
Type of crisis: Natural Disaster
Crisis phase: Post-Crisis Action

Related Links: Wildfires in Fort McMurray and surrounding areas: special measures

Description

As a result of the Alberta wildfires, Canadian passports and travel documents may have been lost, damaged or destroyed. To support those affected by the wildfires, special measures have been put in place for the issuance and replacement of passports and travel documents, including priority processing and free replacement of Canadian citizenship and immigration documents, as well as extension of temporary resident status and the waiving of certain requirements for visitors, workers and students.

Guidelines/Thematic Areas

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.
Support migrants’ recovery

GUIDELINE 14: Address migrants’ immediate needs and support migrants to rebuild lives

The dislocation and disruption created by conflicts or natural disasters can have significant and severe consequences for the socio-economic wellbeing of migrants and their families. Migrant workers often support themselves and their immediate and extended families, whether they are with them in the host State or in States of origin. Conflicts and natural disasters can stem the flow of income to migrants and curtail remittances to their families. Technical facilities to remit money can be disrupted. Currency devaluations and changes in exchange rates can affect migrants’ savings and assets. Education opportunities for student migrants can be indefinitely suspended. Xenophobia and discrimination against migrants may increase. Post-crisis conditions in host States and States of transit may allow trafficking of persons and other exploitative arrangements to thrive.

Migrants and their families who return to States of origin after prolonged stays in a host State can experience difficulty finding employment and housing and reintegrating. Reintegration may be especially difficult for victims of trafficking, individuals who experienced sexual and gender-based violence in the host State, children born to migrants in host States who have no experience of the culture in the parents’ State of origin, and migrants who have been abroad for extended periods of time. Possible interventions include cash assistance to address immediate needs, psychosocial counseling, health care, physical rehabilitation, family tracing services, assistance to recover outstanding wages, assets and property, compensation to address losses, and much more. Efforts to restore income for those migrants who return to their States of origin may include certification and recognition of skills, education, and training acquired abroad. Many migrants may seek opportunities to acquire new skills upon return. For various reasons, including to revive their incomes, others may seek opportunities to remigrate back to host States once the crisis has subsided or migrate to other countries.

Migrants who remain in their host States can also experience difficulty resuming their previous lives. They will require many of the same support services as migrants who return to their States of origin, such as cash assistance, health care, psychosocial and other counseling, family tracing, compensation, assistance to recover outstanding wages, assets, and property, and efforts to restore income, employment, and education opportunities. Like citizens, migrants’ post-crisis needs should be factored into host State recovery plans and programs at the national and local levels. States may decide to review immigration and visa rules to provide latitude for migrants who wish to remain in the host State to do so legally. Efforts that leverage the solidarity of migrants who remain in host States towards their host communities and societies could counteract xenophobic and discriminatory attitudes.

Sample Practices

  • Access to remedies to recover lost property and assets, outstanding wages, pensions, and other benefits.
  • Engagement of migrants in host-State reconstruction efforts.
  • Flexible immigration procedures to enable migrants to retain regular immigration status.
  • Registration, assessment, and recognition of returned migrants’ needs and skills.
  • Immediate reintegration support, including cash and medical assistance.
  • Income and employment regeneration assistance, including assistance with remigration.
  • Certification mechanisms for skills, education, and training acquired abroad.