State Commission on Migration Issues

Type of practice: Government bodies
Country: Georgia
Name of Stakeholder: Government of Georgia
Type of Stakeholder Implementing the Practice: Host State, State of Origin
Type of crisis: Conflict, Natural Disaster
Crisis phase: Crisis Preparedness, Post-Crisis Action

Description

The State Commission on Migration Issues was set up on 13 October 2010 on the basis of the Government's Decree No. 314. The Commission is the Government's consultative body to discuss and take decisions on various important issues related to migration management. The Commission comprising 13 government entities is chaired by the Minister of Justice and co-chaired by the Deputy Minister of the Interior. During its lifetime, the Commission has become a key platform for discussing migration-related issues and an effective instrument for coordinating competences falling under different bodies. To further activate the Commission's work in different directions, inside the Commission thematic working groups have been set up to work on Reintegration issues, Migration Risk Analysis, Migration Strategy, Reduction of Statelessness, Unified Migration Analytical System, Migration & Development and Aliens integration.
In addition, in 2013, international and non-governmental organizations working in the field were granted a consultative status within the Commission to provide additional expertise and develop a format of cooperation.

Guidelines/Thematic Areas

Information on migrants

GUIDELINE 2: Collect and share information on migrants, subject to privacy, confidentiality, and the security and safety of migrants

To protect migrants when conflicts or natural disasters erupt, States, private sector actors, international organizations, and civil society need information about migrant populations. Aggregated data on the municipal, national, regional, and international scale of migration and the demographics of migrants, such as gender, age, and nationality, enable stakeholders to understand the nature and scope of needs in the case of a crisis. Local-level migrant community profiles help stakeholders target responses. Some stakeholders collect detailed information on the location of migrants, how to contact individual migrants, emergency and family contacts, and specific vulnerability and needs. Recruitment and placement agencies collect information on the location and situation of labor migrants they deploy to other States and can be a useful source of information.

Migrants play a key role in sharing and updating their information to enable stakeholders to contact and assist them in the event of a conflict or natural disaster. That said, migrants in an irregular immigration status in particular may have reservations about putting themselves at risk by becoming more ‘visible’ and sharing contact and other information with stakeholders, especially State authorities. Such migrants are also more likely to be highly mobile and move from one temporary residence to another. Efforts to collect and share aggregated information on migrants in an irregular situation should address these barriers. Engaging civil society can help mitigate such challenges.

In cases where States, private sector actors, international organizations, and civil society collect personal data, they should respect privacy rights and confidentiality with a view to ensuring the safety and security of the migrants (and where relevant, other stakeholders) on whom they collect and share information. In collecting and handling information containing migrants’ personal details, stakeholders need to act in accordance with applicable law and standards on individual data protection and privacy. Stakeholders should also ensure informed consent. Stakeholders can adopt clear guidelines that define the type of personal data to be collected and the ways in which such data will be handled, including circumstances in which data can be shared.

Sample Practices

• Registration systems for citizens abroad that enable States of origin (or family, community, or civil society, where practical and appropriate) to contact migrants in the event of a crisis and provide them with information on the crisis and available assistance.
• Measures to encourage citizens to register, such as user-friendly, online registration systems that highlight the benefits and services that become available through registration.
• Host State registration systems to collect information on migrants upon arrival.
• Aggregated data and research on migration trends and demographics, including the purpose and routes of migration and nature and characteristics of migrants.
• Information on migrant community profiles, migrant networks, and focal points.
• Databases of migrant workers that include information on accompanying family members.

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.

Support migrant's 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.