Legal aid for migrants and refugees: Continuous efforts, better protection? -Policy Memo 1
In view of the fact that migrant workers and refugees are vulnerable groups of any society, ensuring that they have access to legal aid is critical to guaranteeing that they lead a dignified life and form an organic part of host societies. Based on ARDD’s 15 years of legal aid experience, multiple research projects, and analysis, and based on consultations with the Committee on migrant workers and refugees in Jordan*, the brief proposes 10 recommendations to promote effective access to legal aid and, through it, enjoy a dignified life: 1) Invest in quality data gathering through targeted research in order to identify legal challenges faced by and opportunities available to migrant workers and refugees. 2) Make known specific vulnerabilities by providing disaggregated data, with particular attention to categories such as gender, age, nationality, ethnicity, and health conditions. 3) Pursue a diversified education approach (targeting various sectors of society) through legal sessions on (a) the rights and legal means available to migrant workers and refugees, (b) the added value and richness brought by diverse communities to the host society at large. 4) Use legal aid opportunities to strengthen the capacity of networks of migrant workers and refugees, and grassroots organizations working with them. 5) Build effective partnerships with institutional actors, lawmakers, policymakers, law-enforcement agents, and courts, to give effect to the internationally recognized rights of migrant workers and refugees. 6) Access communities by forming mediators and representatives to act as a “bridge” between people in need and providers of legal services. 7) Promote meetings and better coordination with institutional actors and non-governmental organizations to support legal access, as well as access to services for migrant workers and refugees. 8) Support setting up and or strengthening institutional infrastructures that can facilitate vulnerable people’s access to legal aid, and support the work provided by pro bono lawyers. 9) Maintain an effective partnership with international donors and agencies so as to enhance ownership of responses (i.e. localized responses to local crises). 10) Involve media and social media in promoting a fair account of the reality experienced by refugees and migrant workers. *This committee, including 30 representatives of various non-national (migrant worker and refugee) communities in Jordan, is set up and supported through the ARDD’s Haquna project.
Rights without services? Facilitating access to education and healthcare for refugees and migrant workers MEMO 3
Migrant workers and refugees are vulnerable to the same challenges when trying to access basic services — in particular education and health — in the host/receiving country. Understanding the obstacles they face and strategies to overcome them is key to guaranteeing social protection and the active participation of non-nationals in the host communities’ economic growth and societal development, and thus avoiding marginalization and disenfranchisement. Based on ARDD’s research and experience, and having consulted with the Migrant Workers Committee (CMW)1 in Jordan, the brief proposes four recommendations to help secure better access to fundamental services. 1- Invest in quality data gathering through targeted research in the field to identify specific vulnerabilities by providing disaggregated data that uncovers the specific struggles faced by migrant workers and refugees in different working sectors, with particular attention to gender, age, ethnicity, and health conditions. 2- Strengthen the network of migrant workers and refugees to ensure effective communication and exchanges with their communities. 3- Conduct joint advocacy campaigns with local and international organizations addressing (1) local authorities for removing fundamental barriers to access the services, (2) stakeholders to secure sufficient funding to support covering the essential services through, e.g., sustainable projects, (3) educators and the host community to allow for more social inclusiveness in the education sector. 4- Involve traditional and social media in promoting a fair account of the reality experienced by migrant workers and refugees. 1 This committee, including 30 representatives of various non-national (migrant worker and refugee) communities in Jordan, is set up and supported through the ARDD’s Haquna project.
What do durable solutions mean and what are their implications for migrant workers and refugees in the Arab world? MEMO 4/4
In view of the fact that migrant workers and refugees face similar challenges (e.g., crossing borders, facing discrimination in the receiving/host country, experiencing exclusion and limited enjoyment of rights, and the threat of detention and or deportation), both the UN and the civil society have increasingly resorted to common approaches and solutions to enhance the protection of these different groups. Based on ARDD’s research and experience, and having consulted the Migrant Workers Committee1 the brief proposes six recommendations that could help guarantee a safe and dignified life for all concerned: 1) Invest in quality data gathering through targeted regional research, particularly on borders, to identify: (a) the main challenges refugees and migrant workers face across the region and (b) the main alternative to voluntary or involuntary migration, which could save lives. 2) Make sure that legal aid provides full information about solutions for both migrants and refugees, and that those migrants and refugees are not discriminated against on any ground. 3) Raise awareness about the circumstances that push people to move and align responses with international legal obligations. Forced migrants should always be granted asylum, as a basis for durable solutions: (1) voluntary repatriation under the supervision of pertinent agencies, to ensure refugees’ or migrants’ protection, (2) local inclusion with an emphasis on social cohesion; (3) resettlement to places where the refugee can reestablish him/herself. 4) Establish a task force for Arab countries to prioritize regional discussions on how to ensure that the Mediterranean Sea returns to being a place that saves lives, not causes death. For it, Arab countries (and not only those bordering the Mediterranean Sea) should engage with European countries on: a. integrated, humane, and coordinated management of borders, b. effective prevention and response to the smuggling of migrants and refugees, and trafficking. 5) Promote partnerships among government authorities, the private sector, banks and development organizations, civil society, donors, and the UN, to: a. promote social cohesion of migrant workers and their effective protection (by enabling communication in different languages, securing recourse mechanisms, etc.), b. support sustainable income-generating projects for migrants/refugees in host countries, c. create conditions for migrants and diasporas to contribute to sustainable development in receiving/host country, but also to access fast, safe, and convenient transfer of remittances, 6) Hold all stakeholders accountable, to help maintain the legal status of refugees/migrants during their life journey away from their home/country of origin. 1 This committee, including 30 representatives of various non-national (migrant worker and refugee) communities in Jordan, is set up and supported through the ARDD’s Haquna project
Ramon Airport Controversy Policy Brief
Apparently for economic reasons and to demonstrate goodwill vis-à-vis the Palestinians at the time of US President Biden’s visit to the region in July of this year, Israel recently announced that it would allow Palestinians from the occupied West Bank to travel abroad through Ramon Airport near Eilat. The first flight carrying 43 passengers left for Cyprus on 22 August 2022. So far, no further flights have taken place, although preparations are reportedly underway for regular flights for Palestinian passengers from Ramon Airport. The news of the Palestinian use of Ramon Airport has raised concerns in Jordan, with several politicians and commentators warning of economic implications for the Kingdom. Some have gone as far as calling for a ban on those Palestinians making use of the Ramon travel option – allegedly amounting to no normalization – to enter Jordan. The Palestinian leadership has tried to diffuse tensions with Jordan over the matter. To explore the issue in greater detail, ARDD convened a roundtable at its offices in Amman on 28 August 2022 attended by several prominent experts on Jordanian and Palestinian affairs (see list of participants in the annex). The aim of the meeting was to develop recommendations to guide public opinion and decision-makers about measures and tools to respond to the decision to operate Ramon Airport for Palestinian travelers. This note provides background information with respect to the issue (Section 2) and summarizes the main insights from the discussion (Section 3). The note ends with several policy recommendations (Section 4).
Reframing migrant workers and refugee policies: advocating for rights through the HAQUNA approach
This report builds on four discussion sessions with the Migrant Workers Committee (MWC) led by ARDD within the framework of the Advancing Haquna project. The policy memos combine the central contribution of MWC members together with evidence from sectorial studies and analyses of available literature conducted by ARDD. They offer specific assessment and policy strategies addressing: (1) Legal aid access for migrant workers and refugees; (2) Labor rights framework; (3) Access to basic services; (4) Durable solutions for migrant workers and refugees. The policy memos put forward a set of actionable recommendations, transversal and intersectional to all themes, for enhancing the protection of refugees and migrant workers, favoring the achievement of better working and life conditions and their inclusion in the host country’s social and economic environment. They all point out the need for direct engagement of migrant workers and refugee communities in advocating for their rights and protection. With the aim to keep developing the bottom-up approach that is at the core of the MWC and in cooperation with ARDD, new ways forward based on lessons learned through the implementation of the Haquna project were articulated emphasizing the broader, regional dimension of grassroots advocacy and mobilization for guaranteeing protection to vulnerable groups. Specifically, the MWC calls for continuous efforts aiming at: 1- Continuing providing pro-bono legal aid for the protection and empowerment of migrant workers and refugees. 2- Organizing legal awareness sessions as part of the Haquna project, reaching more members of the community. 3- Organizing specialized workshops with relevant stakeholders and actors such as UNHCR that can share valuable knowledge on legal social and economic avenues available to migrants and refugees to protect their rights and improve living conditions. 4- Awarding official certificates to members attending awareness sessions in order to strengthen their role within communities. 5- Establishing committees of migrant workers and refugees in the whole Arab region so as to strengthen the regional resilience of people on the move, building on the achievements of the Jordanian experience.
The Implementation of Women, Peace, and Security Resolutions in the Context of the UN Global Counterterrorism Strategy and CT/PVE Responses Talking Points by ARDDs Director Samar Muhareb
In 2006, the United Nations (UN) released its Global Counter-Terrorism Strategy (UN GCTS), which addresses the conditions conducive to the spread of terrorism, provides measures to build states’ capacities to prevent and combat terrorism and presents methods to ensure respect for human rights and the rule of law as the fundamental basis for the fight against terrorism (United Nations General Assembly Resolution 60/288, 2006). During the sixth biennial review of the strategy, which was undertaken in 2018, the strategy advocated for the increased inclusion of women and civil society organizations in policymaking and programming in this area. This commitment upholds the importance of Women, Peace, and Security (WPS), whose agenda is best demonstrated in the UN Resolution 1325 on Women, Peace, and Security of 2000, which “reaffirms the important role of women in the prevention and resolution of conflicts, peace negotiations, peacebuilding, peacekeeping, humanitarian response and in post-conflict reconstruction and stresses the importance of their equal participation and full involvement in all efforts for the maintenance and promotion of peace and security” (UN Women, 2000). ARDD stresses the critical role that women play in preventing violent extremism. Often, women are seen as either victim of extremist ideologies or as contributors to them. However, it should be noted that when women are active agents in extremist thinking, more often than not it is because they are victims too — of an environment that politically, socially, and economically marginalizes them. At ARDD, we have focused on strengthening the role in preventing violent extremism in Jordan, particularly, and in the region. There is increasing recognition among civil society actors that women’s participation in preventing violent extremism should not be part of counter-terrorism strategies but part of the civilian peace agenda. Women are already on the frontline of countering extremist violence in Jordan in their capacities as mothers, police officers, and more. While the WPS agenda and the UN GCTS are complementary in nature — the UN GCTS presents approaches to preventing violent extremism (PVE) as well as terrorism and the WPS agenda emphasizes the role that women have in this approach – the UN GCTS advocates for women’s participation in the military sector. This method falls under the “nation-building” approach, a top-down model that supplements a military or securitized counter-terrorism strategy (UN Women, 2015). ARDD, like other civil society organizations, has reservations about this approach, as it has been shown in Iraq and Afghanistan, for example, that these strategies do not effectively take local context into consideration and have not been successful. Specifically, it is ARDD’s experience that it is very difficult to engage civil society organizations in PVE work whose measures are delineated in the UN GCTS. Ironically, while there is no clear distinction between the PVE agenda and WPS, it has been easier for civil society organizations to engage in WPS work, as participation remains at the grassroots level and does not involve participation in peace building and political conflict management.
Coordination to Enhance Services for Vulnerable Groups Policy Brief 8
The brief explores the local communities’ understanding of the procedures enabling access to cash assistance provided by the government of Jordan during COVID-19 and makes recommendations that aim to improve access to aid programs during crises. It focuses on the benefits of an effective partnership between local CSOs and government entities and provides policy recommendations guided by insights from 11 local CSOs, members of the JONAF coalition, regarding issues faced by vulnerable individuals who apply for assistance to the Takaful program and the National Aid Fund. This brief comes as part of the action research within the framework of the project “Strengthening the Capacities of Women-led CSOs in Evidence-Based Advocacy and Women, Peace, and Security (WPS) Agenda”, supported by UN Women with the generous funding of the governments of Canada, Finland, Norway, Spain, Cyprus, and the United Kingdom. ARDD would like to thank the civil society partners and individuals that supported the development of this study, which was carried out by the research team of the Al Nahda Thought Center.
Intersectionality between gender and vulnerability Policy Brief 10
The brief explores how gender and intersectionality were taken into account in the Takaful program that gave access to National Aid Fund during the pandemic. It builds on the local communities’ understanding of vulnerability and aims to improve access to available assistance. The brief focuses on developing an overview of coordinated strategies that CBOs can take to improve gender-sensitive responses to vulnerabilities facing women as a result of COVID-19. The brief provides policy recommendations guided by insights from 11 CSOs members of the JONAF coalition, interviewed by ARDD on existing vulnerability assessment tools. This brief comes as part of the action research within the framework of the project “Strengthening the Capacities of Women-led CSOs in Evidence-Based Advocacy and Women, Peace, and Security (WPS) Agenda”, supported by UN Women with the generous funding of the governments of Canada, Finland, Norway, Spain, Cyprus, and the United Kingdom. ARDD would like to thank the civil society partners and individuals that supported the development of this study, which was carried out by the research team of the Al Nahda Thought Center.
Building a Women´s Local Network for Empowerment and Solidarity Policy Brief 7
This brief explores the local response to domestic violence through building local research capacity, with a focus on overcoming the barriers impending women to report cases of domestic violence. The brief offers policy recommendations guided by insights from various actors from the local community on their perceptions of domestic violence. To gain insight into the community perspectives, ARRD collaborated with 11 civil society organizations from the Jordan National NGO Forum (JONAF) Coalition and provided various training to prepare them to launch this research and build a common understanding of gender-based violence and how to address it. According to the local perspective, domestic violence is seen as a sensitive topic often shun upon from discussion as women are supposed to preserve the cohesion of their families. This secrecy often deters women from reporting their cases and rather pushes them to deal with them internally within their family borders. Women are often subject to barriers hindering their capabilities of reporting their cases, these barriers include social norms, fear of retaliation, family cohesion, lack of awareness and trust in relevant stakeholders, and poor economic backgrounds. The policy brief suggests the following main recommendations Build new forms of solidarity that ensure confidentiality and safety and where domestic violence can be discussed and its risks mitigated. Build a structure that supports women without stigmatization This brief comes as part of a series of Women Advocacy Issues policy briefs ARDD is producing within the framework of the project “Strengthening the Capacities of Women-led CSOs in Evidence-Based Advocacy and Women, Peace, and Security (WPS) Agenda” supported by UN Women with the generous funding of the governments of Canada, Finland, Norway, Spain, the United Kingdom, and Cyprus. ARDD acknowledges the support of the women-led civil society partners involved in the project implementation and thanks to the representatives of the organizations for their meaningful contribution.
Economic empowerment and mitigating domestic violence risks Policy Brief 6
This brief explores the local response to domestic violence through building local research capacity, with a focus on mitigating domestic violence risks. The brief offers policy recommendations guided by insights from various actors from the local community on their perceptions of domestic violence. To gain insight into the community perspectives, ARRD collaborated with 11 civil society organizations from the Jordan National NGO Forum (JONAF) Coalition and provided various training to prepare them to launch this research and build a common understanding of gender-based violence and how to address it. The study shed a light on the lack of awareness concerning the topic of domestic violence within the local communities, where the perception of domestic violence is limited to its physical form. This lack of knowledge often leads individuals to be unaware or in denial when facing domestic violence often justifying other forms of domestic violence as lesser, indicating a need to raise awareness on the different forms of domestic violence. The study also identified the local perspective towards the various needs of domestic violence survivors focusing on rehabilitation and empowerment. The participant emphasized the importance of better understanding the needs of domestic violence survivors and means of addressing them. The brief suggested policy recommendations including Ensure a participatory approach to the identification of services offered to survivors that should be reviewed regularly Build economic empowerment in a vision of mitigating domestic violence, taking into account the local perspective. While addressing the need of raising awareness about domestic violence This brief comes as part of a series of Women Advocacy Issues policy briefs ARDD is producing within the framework of the project “Strengthening the Capacities of Women-led CSOs in Evidence-Based Advocacy and Women, Peace, and Security (WPS) Agenda” supported by UN Women with the generous funding of the governments of Canada, Finland, Norway, Spain, the United Kingdom, and Cyprus. ARDD acknowledges the support of the women-led civil society partners involved in the project implementation and thanks to the representatives of the organizations for their meaningful contribution.