On the Margins: Noncitizens Caught in Countries Experiencing Violence,Conflict and Disaster 1

Abstract

Today, perhaps more than ever, humanitarian crises permeate the lives of millions, triggering increased human movement and repeatedly testing the international community's capacity to respond. Stakeholders within the international community have recognized that existing legal and institutional frameworks for protecting forced migrants are inadequate to address the diversity of movements and needs. This article examines the situation of noncitizens who are caught in violence, conflict, and disaster, and asserts that they are an at-risk population requiring tailored responses.

Recent history has witnessed numerous humanitarian crises in which noncitizens have been among those most seriously affected. With more people than at any other point in history residing outside of their country of origin, the presence of new and sustained eruptions of violence and conflict, and the frequency and intensity of disasters predicted to increase, noncitizens will continue to be caught in countries experiencing crises. Destination countries, as well as origin countries whose citizens are caught in crisis situations abroad, must understand the challenges that noncitizens may encounter in accessing assistance and protection, and must formulate responses to ensure that their needs are adequately accommodated.

While both citizens and noncitizens may encounter difficulties in any given humanitarian crisis, research on five recent crises—the Libyan uprising, the Tohoku earthquake, the tsunami and Fukushima nuclear accident in Japan, flooding in Thailand, Hurricane Sandy in the United States, and the on-going conflict in Syria—demonstrates that a range of factors create particular challenges for noncitizens. Factors related to the underlying environment in the country undergoing a crisis and the responses of different actors may exacerbate the vulnerability of noncitizens. Moreover, different groups of noncitizens manifest distinct protection needs due to specific attributes. In a given context, the interaction of these factors leads to varying levels of vulnerability for different groups, and the experiences of noncitizens in crisis situations implicate a range of fundamental human rights.

Promising practices which may reduce the vulnerabilities of noncitizens and their exposure to harm during crises include: limiting immigration enforcement activities in favor of dispensing life-saving assistance; communication of emergency and relief messages in multiple languages and modes; facilitating entry and re-entry; and providing targeted relief services. These practices are not limited to countries experiencing crises; origin countries have also displayed judicious actions, undertaking bi-lateral negotiations to address specific needs and seeking external assistance in order to protect their citizens who are caught in crisis situations.

This article seeks to inform ways to mitigate the vulnerabilities and address unmet assistance and protection needs of noncitizens caught in countries experiencing crises. It focuses primarily on vulnerabilities experienced during crises, acknowledging the importance of preventative action that targets the potential vulnerabilities and needs of noncitizens. It also acknowledges that assistance and protection needs often persist beyond the abatement of crises and warrant ongoing intervention. The observations presented in this paper are drawn from desk research on a limited number of situations, and therefore, the article is an introductory attempt to call attention to the issues at play when a crisis occurs, rather than an in-depth study of the subject. Nonetheless, it offers recommendations for alleviating the exposure of noncitizens, which include actions aimed at:

• addressing the underlying legal and policy landscape related to crises and relevant areas like immigration so as to account for the presence and needs of noncitizens;

• ensuring that all categories of noncitizens are able to access, understand and navigate information regarding emergency and relief assistance and are able to utilize them; and

• limiting the exposure of noncitizens to harm through targeted measures that address their particular needs and vulnerabilities.