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Article of the Chief of the State Migration Service Vusal Huseynov on "Migration management in Azerbaijan during the pandemic"
Challenges created by a new type of coronavirus disease (COVID-19) before the world countries and restrictions it caused on daily lives of people are among the most discussed and addressed topics, recently. The COVID-19 pandemic has created new situations and numerous challenges throughout the whole world. These challenges have had a significant impact on human mobility, making migration one of the most affected areas by the pandemic. As an infection spreading mostly through human-to-human contact, the COVID-19 urged states to take preventive measures such as, closure of borders, restrictions on travel and movement, application of social distancing rules, etc., in order to protect from the virus, which had a severe negative impact on migration processes in its turn. These conditions required flexible decision-making, solidarity and close cooperation between states and the international community, and numerous initiatives, measures and decisions have been taken in these areas respectively. The situation in different countries since the declaration of the pandemic and the results of the measures taken have already made it possible to assess the effectiveness of the policies, approaches and decisions of countries around the world to combat this global problem.
Experience of Azerbaijan in this regard is also commendable. Our country has taken flexible and necessary preventive steps to prevent the spread of coronavirus from the first days, and has taken urgent measures against the pandemic.
The President of the Republic of Azerbaijan, Mr. Ilham Aliyev, has made timely and operational decisions to minimize the consequences of the pandemic, prevent the spread of the disease, strengthen the health care system, and provide sustainable support and economic sustainability to the socially vulnerable population. By the order of the President, the establishment of the Operational Headquarters under the Cabinet of Ministers, consisting of the senior officials of all relevant government agencies and institutions, including the State Migration Service, before the first case of infection in Azerbaijan, allowed for proper governance and communication, as well as flexible decision-making in the current situation. During the pandemic, the priority for our state, as Mr. President Ilham Aliyev stressed, was "human health, human life and social protection."
In this regard, our country has also shown solidarity with other countries, strengthened cooperation with international partners, especially the World Health Organization, and continued its humanitarian initiatives, showing a comprehensive approach in combating the global scourge. Thus, voluntary donation in the amount of 10 million USD has been allocated to World Health Organization, as well as humanitarian assistance has been provided to more than 30 countries by our country.
Migration management of Azerbaijan during the period of COVID-19 generally complies with the best practices of the majority of countries, but differs with its specific features. During the COVID-19 period, a flexible, transparent and efficient management model was established in the field of migration in our country. Thus, shortly after the record of the first infection case of coronavirus on February 28, 2020, except cargo transportations, entry to and exit from the territory of the country via land and air transportation was suspended, special quarantine measures were applied within the country and internal mobility was restricted.
During the COVID-19, the very first questions in the field of migration were about legal situation of migrants in the country, consideration of their applications, and measures to be taken for elimination of their other problems. Though legal situation of migrants residing in the country on the basis of residence permit was relatively stable, uncertainty of the status of foreigners who came to Azerbaijan under visa or non-visa regime and could not or did not want to go back due to the restriction on entry to and exit from the territory of the country was among issues of concerns.
During the first days of the pandemic, international practice in the field of migration was in the process of shaping and relevant organizations were observing this process and analyzing best practices in order to give recommendations. Bu the situation required immediate actions to be taken without losing time. During that period, Azerbaijan built his migration policy on maximum convenience of foreigners, reducing administrative procedures almost close to zero and broad promotion of digitalization. After the restriction on transportation of passengers between Azerbaijan and other states was applied, especially neighboring states kept their borders open under special conditions for the crossing of their citizens, while other states organized charter flights. During this period, temporary staying period of foreigners in the country who did not want to go back to their countries due to various reasons was extended until opening of the borders and no additional document was required for this. In other words, no citizen of any country was forced to leave the country and no administrative procedure was applied to them in this regard.
The most effective way of implementing measures for legalization of stay and residence of foreigners in the country, in general provision of migration services within special quarantine regime was the broad utilization of e-services. Indeed, one of the natural consequences of the COVID-19 period was rapid increase on demand to e-services and emergence of obvious need for further improvement of e-services. From the first days of pandemic e-services rendered to foreigners were harmonized with current demand and updated, as well as e-services in all required fields was ensured by the State Migration Service. It should be noted that it is also possible to get access to e-services via mobile application of the Service (MigAz) which was launched in 2018 and aimed at ensuring citizen satisfaction. Over the past period, the focus was on ensuring the convenient use of e-services provided by the State Migration Service to foreigners, as well as timely and comprehensive information dissemination to the public about the relevant procedures related to the current situation. Thus, educational and informational materials in multiple languages, including video instructions on the rules of use of electronic services and the work carried out by the Service were prepared, disseminated in the media, including social networks and was delivered to the target groups. Moreover, the Call Center of the State Migration Service, which has been working non-stop 24/7 and answering calls in 3 languages (Azerbaijani, English and Russian), operated in an intensified mode and increased its functionality to further improve the service provided. Even today, the Call Center responds to appeals immediately and, if necessary, after relevant investigation, provides information and consultation service, as well as receives and directs complaints (information, suggestions). The Call Center is open to international calls, but also operates in an intensified mode during this period. The Call Center also responds to requests on various topics received from individuals and legal entities through the "Online Guide" service on the official website of the Service, “WhatsApp” and social network accounts. While carrying out information and awareness-raising activity we take into consideration the Recommendation on the human rights of migrants during the COVID-19 period, published on April 7, 2020 by the Office of the United Nations High Commissioner for Human Rights (OHCHR).
Ensuring effective management of migration services during the pandemic was made possible by the rapid adaptation of our e-services to the current situation, the development of flexible response and information mechanisms, as well as an electronic system based on "zero paper" and "zero contact" principles which ensured swift intra-agency implementation process. As a result, the positive feedback we received from the applicants gave us additional incentives to further develop this sphere in the future.
On March 31, 2020, the United Nations High Commissioner for Refugees (UNHCR) delivered its Key Protection Messages to the Member States with regard to protection of rights of refugees and asylum seekers during the period of COVID-19. The main points of the messages were not to stop accepting applications for asylum during the COVID-19 period, not to impose arbitrary restrictions on freedom of movement or not to be accompanied by any discrimination, as well as not to forget refugees, IDPs and other groups in the measures taken to combat the pandemic.
In Azerbaijan applications for obtaining the refugee status was not stopped during the pandemic. The processing of asylum seekers' applications was postponed and validity of relevant permits for their stay in the territory of the country was extended. Those who were refused granting refugee status prior to COVID-19 were not required to leave the country or were not forcibly placed in detention centers.
Taking into account, the difficulties refugees and asylum seekers faced in terms of meeting social needs, the State Migration Service carried out sustainable social assistance projects together with the “Migration Volunteers” Social Union, civil society institutions and other stakeholders. The assistance provided to vulnerable groups once again demonstrated the solidarity and tolerance in our country. It should be noted that medical assistance to refugees and asylum seekers is free of charge in the Republic of Azerbaijan. In case any other needs of such persons arise, the State Migration Service coordinates these issues with other relevant government bodies.
On April 30, 2020, the International Labor Organization issued its Recommendations on the protection of the rights of migrant workers during the COVID-19 pandemic. The document envisaged proper awareness-raising, ensuring food security, recognition of the right to equal access to health care to migrant workers as the most vulnerable group, as well as recommended to attach special attention to increase of discrimination and xenophobia against them, dismissal, as well as cases of expulsion from the territory of the country.
As you know, in Azerbaijan, migrant workers work on the basis of work permits obtained by employers. For comparison, in the first six months of 2020, compared to the same period in 2019, there was 16% decrease in the number of obtained work permits. Taking into account that a number of enterprises in Azerbaijan have temporarily stopped their activity under the requirements of the special quarantine regime and restriction on the entry-exit for more than 5 months, this figure can be considered satisfactory. Currently, migrant workers who receive a work permit are mainly those who were provided with a work permit in previous years and applied for an extension, as well as holding positions not claimed by local labor resources. The current dynamics of work permits show that in the current pandemic situation, as a result of adequate measures taken by the state to protect the economic and social stability of the country, the dynamics of economic activity has been maintained, which has resulted in a relatively limited number of dismissal of foreigners. Another factor influencing the limited number of such cases is the effective public-private partnership that exists in the country. In addition, no migrant workers and their family members have been deported or become illegal migrants even if their employment contracts were not extended and residence permits have expired. Thus, the Service ensured the extension of the period of stay of these foreigners in the country.
Moreover, during this period, migrants whose illegal labor activity was detected were not expelled from the territory of the country, and they were allowed to reside and legalize their status in the country. The pandemic both has exacerbated the situation of illegal migrants around the world and forced the states to make choice about the measures to be taken. Priority was given to monitoring the situation in detention centers for illegal migrants and preventing migrants placed there from contracting the virus. Due to the lack of exact information on how long the pandemic will last, it is also difficult for states to formulate sustainable policies in the field of measures related to illegal migration. There are basically two ways for states to choose: to stop detention and placement in detention centers in connection with migration or to continue these measures. In fact, use of migration detention only as a measure of last resort and work towards alternatives to detention centers was identified as one of the target of the Global Compact on Safe, Orderly and Regular Migration, adopted by 152 UN member states about a year before the pandemic. Accordingly, on April 28, 2020, The Working Group on Alternatives to Detention, co-chaired by the UN Children's Fund (UNICEF), the UN High Commissioner for Refugees (UNHCR) and the International Detention Coalition, published its practical Recommendations to States on migration control during COVID-19. The document contains recommendations such as suspending the placement of new migrants in detention centers, releasing those in detention centers and placing them in alternative places, legalizing illegal migrants, as well as improving conditions in detention centers. During the pandemic, measures against illegal migration were not stopped in all countries, and even forced expulsions, including collective expulsions, took place. In response to all these measures, on May 13, 2020, the UN Network on Migration issued a statement. The statement called on states to end forced returns during the COVID-19 period. Long before (in March) the Recommendations and the Statement were released, Azerbaijan had taken relevant measures in accordance with its international legal obligations and the nature of its migration policy. Thus, during the pandemic, forced returns were suspended in the country and no foreigners were forcibly placed in detention centers. Currently, a small number of migrants are remaining in detention centers due to financial difficulties upon their own application. Also, during this period, no administrative sanctions were imposed on any foreigner in the form of deportation, and every illegal migrant was legalized on the basis of their application. It should be noted that COVID-19 infection was not found in any foreigner placed in detention centers. There were no difficulties and delays in the detention centers regarding access of migrants to health services, food security and disinfection.
The current situation once again clearly demonstrated the importance of close cooperation between countries of origin and destination. Thus, partnership with diplomatic missions, as well as with relevant authorities of foreign states was of particular importance in ensuring operational coordination both in the organization of the return of Azerbaijani citizens in other countries to their motherland, as well as in the process of sending foreigners remaining in the Republic of Azerbaijan to their home countries. The importance of international partnerships in general and the need for coordination, exchange of information and best practices between states has re-emerged as necessity. Azerbaijan has acted as a global initiator in this direction. At the initiative of Mr. President Ilham Aliyev, Summits of the Cooperation Council of the Turkic Speaking States and the Non-Aligned Movement were held in video format. At the same time, as the chairman of the Non-Aligned Movement, a special session of the UN General Assembly dedicated to the fight against the coronavirus pandemic was initiated by the President. It should be noted that the initiative has been welcomed by up to 130 countries. To discuss the issues arising from the Summit, a meeting of the heads of migration bodies and relevant agencies of the Cooperation Council of the Turkic Speaking States and observer states was held on May 7 via video conference. The meeting expressed confidence that the current situation for foreigners, who stay and reside in the territory of member and observer states will not cause any concerns in terms of migration legislation. At the same time, Azerbaijan initiated the establishment of a working group to expand cooperation in the field of migration between the member and observer states of the Council which was unanimously supported. The working group has already been established and held its first meeting on August7.
In general, the main goal of international cooperation in the field of migration during this period was to ensure timely delivery of information to the State Migration Service by diplomatic missions and consulates accredited in our country about foreigners returning to their countries, prevention of any delays and loss of time that may occur at the state border checkpoints, as well as to create conditions for foreigners to return to their home countries fast and easily.
Almost all the world's leading think tanks, international organizations and experts predict a more conservative migration policy for the period when COVID-19 is relevant. At the same time, there are many warnings about the growing discrimination and xenophobia. Restrictions on legal migration routes in the world can lead to illegal migration, human trafficking and migrant smuggling. A study published in May of this year by the European University Institute's Migration Policy Center found that networks related to illegal migration, migrant smuggling, and human trafficking could adapt to changing conditions in the face of border closures and other migration restrictions and it is argued that migrants and asylum seekers may find themselves in a more difficult situation.
The State Migration Service, following the current situation, will continue to analyze various areas of migration to make evidence-based and operational decisions, as well as measures will be taken to ensure that migrants in the country comfortably enjoy their rights and freedoms, taking into account the experience of other countries and international recommendations and the priority of public health.
In the end, we can say with confidence that the migration authorities in Azerbaijan were prepared for the pandemic, which prevented the uncertainty that could arise in the legal status of foreigners and could put them in a difficult situation. The measures taken by the migration authorities during the COVID-19 period in the Republic of Azerbaijan have been and will continue to be focused on the protection of migrants' rights and freedoms, transparently, committed to international legal obligations and in line with the country's development priorities, as well as guided with national interests.