Glossary

Migrants in vulnerable situations require tailored protection and assistance that directly responds to their immediate needs and addresses the risk factors that contribute to their vulnerability. Such assistance should be provided:

  • At all stages (before departure, during travel and upon return, and during reintegration);
  • At all levels (individual, community and structural);
  • Across all dimensions (economic, social, and psychosocial) of the return and reintegration process.
Image / Video
Figure 4. Addressing vulnerability

Forcibly removing highly vulnerable migrants is, in general, harmful to their wellbeing and long-term interests. See more in Migrants vulnerable to violence, exploitation and abuse.

Policy Approaches
Support for return and reintegration of migrants in vulnerable situations
  • Provide appropriate training to counsellors, health professionals, escorts, interpreters and other relevant people (for instance, training in age- and gender-responsive behaviour).
  • Set up procedures to make systematic vulnerability assessments to:
    • Determine whether return is a viable solution or not for the migrant;
    • Determine, if the vulnerability does not bar the return, potential risks and assistance needs;
    • Confirm the availability of specific services in the country of origin, and that assistance is tailored to individual needs, before and during the return as well as throughout the reintegration process.
  • Provide information to the migrant on the services that are available in the country and community of origin.
  • Set up or refer to assisted voluntary return and reintegration (AVRR) programmes to ensure continuity of protection and assistance.
Good Practice
Return counselling

To assist migrants in preparing their return and reintegration processes, Germany funded an IOM project whereby migrants can get information and receive advice on how to best plan. Migrants can use virtual platforms such as WhatsApp, Viber, Skype, or Facebook Messenger to connect with return counsellors who are located in origin countries. The return counsellors provide information on topics such as the situation in the country of origin, the available services and possibilities for assistance to returnees, including assistance to start a business, support for housing, medical assistance, and psychosocial and job counselling. Return counsellors are in 18 countries of origin.

Source

Information Portal on Voluntary Return from Germany, n.d.

To Go Further

The following topics specify considerations for different groups of highly vulnerable migrants: migrant children, especially when unaccompanied and separated from their families; migrants vulnerable to violence, exploitation and abuse, such as victims of trafficking; and migrants with health-related needs. For other groups, see the Interlinkage on Youth displacement.

Return and reintegration of migrant children

Children should be treated first and foremost as children. When deciding upon and implementing the return and reintegration of migrant children, all actions must protect the rights of the child, and be guided by the best interests principle, as enshrined in the Convention on the Rights of the Child (read more on the Best interests of the child). This means that children should only return after an evaluation of the possible impact (positive or negative) of the decision has established that return is the best available option for the child or children concerned. This is particularly relevant in cases of unaccompanied children and separated children. The best interest of the child is determined through a best interest procedure.

A best interests procedure should give consideration to all the solutions that are available to the child, including local integration in the host country with a secure status, or moving to and integrating in a third country. It should pay attention to factors affecting the child’s development and survival; whether they can return to safe and adequate conditions, including socioeconomic conditions in the child’s country of origin; taking into account the family environment and whether the child can be provided proper care and custody (Office of the United Nations High Commissioner for Human Right [OHCHR], 2018). (See Child migration for definitions and explanations on how to carry out a best interest process.)

If return is considered to be in the best interests of the child, arrangements should be made for the adequate (psychological) preparation of the child as well as for reintegration support (for example, language training or access to education) after return.

In the case of unaccompanied or separated migrant children, further support measures are necessary. These include:

  • Supervision during travel (for instance, by trained escorts or specialized airport services);
  • Reception at the airport or at the final destination, including by the (authorized representatives of) parent(s) or legal guardians;
  • Procedures to transfer care and custodial responsibilities.

Return to institutional care should only be considered as a last resort; re-establishing family unity should always be given preference, unless family members are a risk to the child. The child’s guardian should be fully involved in assisting the child during the return process, and measures should be taken to ensure safety and assistance if needed during the return (IOM, 2018a).

Policy Approaches
Specific considerations for the return and reintegration of migrant children

In all actions concerning children, ensure that the best interests of the child are a primary consideration. With that in mind:

  • Provide children access to free, quality legal representation at all stages and make sure that their parents or guardians are fully involved in decision-making processes, as appropriate.
  • Ensure that a solid best interest procedure to identify durable solutions is in place.
  • Ensure the family is willing and able to take the child back, provide adequate care and keep the child safe, without violation of any human rights of the child.
  • If voluntary return and reintegration has been found to be a viable  solution, the return itself must take place in a way that is in the best interests of the child. This can be achieved by:
    • Providing pre-departure support and counselling;
    • Scheduling the departure consensually. For instance, this might mean allowing children to finish their school year, and taking account of family or social relations;
    • Granting access to safe accommodation, education and health services prior to departure and post-arrival;
    • Conducting actual return procedures in a child-sensitive manner.
  • Provide post-arrival and reintegration support to ensure:
    • Legal safety with valid documentation;
    • Physical safety with adequate and protected space to live and learn;
    • Material safety in the receiving communities;
    • Psychosocial safety to ensure well-being.
  • Provide psychosocial support throughout the whole return and reintegration process.
  • Provide for monitoring and evaluation after return.
To Go Further
Return and reintegration of migrants vulnerable to trafficking and other forms of violence, exploitation and abuse
Glossary
migrants vulnerable to violence, exploitation or abuse

A migrant or group of migrants exposed to or with experience of violence, exploitation or abuse within a migration context and with limited capability to avoid, resist, cope or recover, as a result of the unique interaction of individual, household/family, community and structural characteristics and conditions. 

Source

IOM, 2019b: 3.

Migrants vulnerable to violence, exploitation and abuse may face security concerns in the host country or be at heightened risk in their countries of origin. Individual risk and needs assessments are required to determine whether the migrant is in imminent danger in the host country, or if return to the home community could give rise to any negative consequences. Such negative consequences could include, for instance, the risk of being harmed or harmed again, or, in the case of victims of trafficking, trafficked again, as well as the risk of any reprisals against the returned migrant (IOM, 2018a). In such cases, this risk could mean the migrant needs protection from refoulement in the host country.

Continuity of protection and assistance should be provided before and after return. Correctly identifying migrants vulnerable to violence, exploitation and abuse is important to ensure that their particular safeguards and needs are respected, protected and fulfilled, and to avoid deportation, detention or return without adequate protection and care.

When providing return and reintegration assistance to migrants vulnerable to violence, exploitation and abuse, a balance must be struck between ensuring the safety and security of the migrant (pre-departure, during return and post-arrival) and conveying the information necessary to the country of origin in order to properly assist them. All information and communication regarding the migrant must be treated with due regard for the migrant’s confidentiality and privacy (Graviano et al., 2017). Personal data of the returnee should be shared only if necessary for assistance to be provided, or for another specified legitimate purpose, and only with the prior consent of the data subject. (Read more on Data protection).

Policy Approaches
Considerations to ensure the protection, safe return and sustainable reintegration of migrants vulnerable to violence, exploitation and abuse

Cooperation between host countries and countries of origin can include:

  • Training professionals who will decide on and inform return decisions, or who will provide voluntary return and reintegration assistance. These professionals should be trained to identify migrants vulnerable to violence, exploitation and abuse and, subsequently, to assist in their return and reintegration;
  • Providing adequate information and counselling to migrants considering return;
  • Conducting individual risk and needs assessments prior to return;
  • Establishing adequate data protection safeguards before, during and after return;
  • Providing continuity of protection and assistance by offering access to support systems, creating referral mechanisms and offering reintegration assistance;
  • Ensuring that return does not compromise any rights, entitlements or compensation claims that victims of violence, exploitation and abuse may have with regard to the perpetrator or the State. For instance, victims must continue to have access to information and legal counselling after return.

Specifically for victims of trafficking, the host country should:

  • Verifying with the appropriate consulate a person’s nationality or right of permanent residency in the country of origin and obtain the required re-entry document;
  • Return migrants to their countries of origin, in accordance with their rights, safety and special needs;
  • Return migrants to their countries of origin, in accordance with their rights, safety and special needs;
  • Consider long-term, durable solutions, so that migrants are not simply returned to situations that made them vulnerable to be trafficked in the first place;
  • Recognize that return is not an option if there is a risk that return could violate the principle of non-refoulement or otherwise not be safe or sustainable. In such cases, alternatives may have to be sought, including integration in the country of destination or a third country.
To Go Further
Return and reintegration of persons with health needs

For migrants with health-related needs – whether physical or mental – return travel may be associated with increased risks due to long journeys, stressful situations or difficult travel conditions. Such travel can, in combination with their already affected health, further deteriorate their condition. There may also be challenges in ensuring continuity of care after arrival in the country of origin, if the necessary care is not available or accessible. As such, specific and individualized assistance to migrants with health-related needs is critical for migrants’ well-being and for their ability to reintegrate successfully.

Certain health conditions should be given special attention in the organization of the return, including:

  • Communicable diseases of public health importance;
  • Rapidly deteriorating or unstable health conditions;
  • Chronic health conditions in need of treatment.

Pre-departure health assessments ensure that the health condition of migrants is understood by the migrants themselves, as well as by those involved in their return.  Such assessments also ensure that the return is organized in a way that considers the health condition of the migrants and the availability and accessibility of any needed health care in the receiving community.

Some health conditions may affect an individual’s capacity to make a competent decision on return. In cases where a qualified professional determines that the migrant is not capable of making a free and informed decision, it should be assessed who should legally decide on his or her behalf. If there are any serious risks that return will significantly worsen the condition or illness of the migrant, or that the return journey may present a health risk to the receiving community, the date of departure should be rescheduled, or reconsidered altogether.

Policy Approaches
Specific considerations for the return and reintegration of migrants with health needs
  • To ensure that every decision regarding return is informed, set up systems to gather information on the availability and accessibility of health care and services in countries of origin prior to departure.
  • Arrange pre-departure and travel assistance to meet the needs of the individual’s health conditions.
  • Cooperate with the country of origin/destination, as well as with relevant actors (for instance, non-governmental organizations [NGOs] or health service providers), to ensure transparent communication about health-related issues of returnees and to broaden the scope of assistance available.
  • Undertake cooperation in a manner that protects migrants’ personal health information and maintains patient confidentiality.
  • Avoid sharing data on the migrant without a specified legitimate purpose; if data is to be shared, it should be with the prior consent of the data subject.
  • Upon return, provide access to necessary health and social support during reintegration, including through referrals to public services and NGOs.
Source

IOM, 2018a.

To Go Further

See more on Health after return.

Key messages
  • The specific needs of migrants in a situation of vulnerability should be taken into consideration in all forms of organized return, whether voluntary or forced.
  • Potential risks that may arise through the return have to be considered early in the process of deciding whether or not a return is feasible and advisable.
  • In all matters related to children, their best interests have to be carefully assessed, and no return should take place that is not in the child’s best interests.
  • For all vulnerable migrants, protection after return has to be ensured before the return takes place. In the case of migrants with health-related needs, continuity of care should also be ensured prior to departure.
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