Political Agreement reached on the Reception Conditions directive at the Justice and Home Affairs Council

According to the Cyprus presidency of the European Union press release (dated 25/10/2012):

 "The Justice and Home Affairs Council (JHA) achieved progress in several legislative proposals for the establishment of the Common European Asylum System (CEAS), as it adopted today, October 25, a Political Agreement on the Reception Conditions Directive. Common European Asylum System moves a step closer.

UNHCR Deputy High Commissioner highlights the importance of the right to work

 Stewart Pollock, on the Refugee Work Rights blog (by Asylum Access) reported that at the last Plenary Session of the UNHCR Annual Consultations with NGOs, UNHCR Deputy High Commissioner Alex Aleinikoff spoke on the importance of innovation and self-reliance; highlighting the importance of the right to work.

To read the full post: http://rtwasylumaccess.wordpress.com/2012/07/03/updates-from-geneva-unhcr-deputy-high-commissioner-touts-the-right-to-work/ 

Right to work granted for asylum seekers in Ecuador

 In a post on the "Refugee Work Rights " blog, Adina Appelbaum reports that on May 2012 the Ecuadorian government adopted a decree (Decreto 1182) that contains restrictive measure for asylum seekers. The decree nevertheless allows for asylum seekers who asked for refugee status to have the right to work.  Previously, only refugees who had gained refugee status were given the right to work in Ecuador.  Despite the fact that the Ecuadorian constitution states that anyone within the limits of Ecuador has the right to get paid if they are working, in reality employers have notoriously discriminated against asylum seekers, refusing to hire them if they did not have documents.  

To read Asylum Access full post: http://rtwasylumaccess.wordpress.com/2012/09/27/the-right-to-work-in-ecuador-a-positive-development-within-a-restrictive-new-law/ 

The Reception Conditions directive, toward a limited legislative progress on access to the labour market of asylum seekers

Context

The current EU rules on claimants for international protection's access to the labour market are set out in Directive 2003/9 (the ‘2003 Reception Conditions Directive’, hereafter RCD), which applies to all Member States except Denmark and Ireland. The UK has opted out of the 2008 proposal (as revised in 2011, and now agreed) to amend these rules, but the 2003 RCD will continue to apply to the UK regardless.

Currently  article 11 of the 2003 EU Reception Conditions directive explicitly recognizes the right to work to asylum seekers, and contingently to claimants for subsidiary protection. 

ECRE Comments on recast of the Reception Conditions directive

We reproduce hereafter ECRE (the European Council on Refugees and Exiles) Comments  on the Amended Commission Proposal to recast the Reception Conditions Directive (COM(2011) 320 final) that were released in September 2011. ECRE Comments were released before June 2012 and September 2012, when the Amended Commission Proposal to recast the Reception Conditions Directive was harshly discussed between the Council, the European Commission and the European Parliament (see our next post on that topic for more informations on the agreement reached after the "trialogue process"). We nevertheless reproduce ECRE Comments as it highlights interesting points:

ECRE Comments: 

Cash in hand Urban refugees, the right to work and UNHCR's advocacy activities

The UNHCR Policy Development and Evaluation Service (PDES) has released in May 2011 a report called ' Cash in hand Urban Refugees, the Right to work and UNHCR's Advocacy Activities'. As a dispersed population that often lacks secure legal status and access to social services, urban refugees face particular challenges. Urban economies are cash-based, and work is the key livelihoods strategy for refugees in urban settings.  By becoming self-reliant and productive, refugees with the legal right to work can benefit their local communities and host countries in addition to improving their own situations. Urban livelihoods and refugees right to work are therefore priorities for the UN High Commissioner for Refugees (UNHCR), and advocacy is an essential tool to help its staff to reduce barriers to this right.

Refugees, Recent Migrants and Employment: Challenging Barriers and Exploring Pathways

In Refugees, Recent Migrants and Employment: Challenging Barriers and Exploring Pathways  (ed., Routledge, Abingdon, 2009) Sonia McKay seeks to provide an in-depth and empirically-based analysis of the barriers experienced by refugees and recently arrived migrants in accessing employment commensurate with their qualifications, skills and experience, and how such barriers might be overcome. 

Up against the Asylum Clock, Fixing the Broken Employment Authorization Asylum Clock

The Center for Immigrants' Rights and the American Immigration Council's Legal Action Center released (in February 2010) a report on the difficulties experienced by asylum seekers in obtaining Employment Authorization Document in the United States of America. 
The report: (1)  identify problems with the government’s management of the Employment Authorization Document (EAD) asylum clock;  (2) suggest a new policy for operation of the EAD asylum clock. The report incorporates information obtained by the Center and the LAC and analyzes information from attorneys, organizations, and individuals about their experiences with the “asylum clock.”

While asylum applicants are waiting for their cases to be adjudicated, they must also wait to be eligible for employment authorization. The EAD asylum clock potentially affects more than 50,000 asylum applicants every year. 

Summary conclusions Workshop on Labour Mobility for Refugees

The Office of the United Nations High Commissioner for Refugees (UNHCR) and the International Labour Office (ILO), with the support of the 2012 Chair-in-Office of the Global Forum on Migration and Development (GFMD), co-organized a workshop on Labour Mobility for Refugees in Geneva on 11 and 12 September 2012.

The  workshop  explored whether and how enhanced  labour  mobility for refugees could increase opportunities for self-reliance and facilitate access to durable solutions without undermining  international  refugee  law  principles. The meeting focused on refugees,  i.e. persons found to qualify for refugee protection, even if some of the deliberations may also apply to asylum-seekers. The term “labour mobility” was used in the workshop both for the onward movement of refugees from countries of asylum to third countries to pursue employment as well as  employment opportunities for refugees in asylum countries on the basis of migration schemes.  It included labour migration on the basis of bilateral or multilateral as well as national programmes. 

The workshop summary conclusions can be downloaded at the following link: http://www.unhcr.org/refworld/docid/508e4fa72.html 

Exploring experiences of forced labour among asylum seekers and refugees in England, the Precarious lives project

The Precarious lives (exploring experiences of forced labour among asylum seekers and refugees in England) project is co-organizing a  conference at the University of Leeds, UK, on 14 December 2012 on the subject of Vulnerable Workers, Forced Labour, Migration and Ethical Trading.

The conference will bring together academics, campaigners, and policy makers to explore both the drivers and the broad experiences of vulnerable, forced and exploitative labour, to place the UK experience within a global context, and put questions of globalisation, migration and ethical trading centre-stage. Organizers are particularly interested to support campaigning groups, including trades unions, those supporting refugees/ asylum seekers, and organisations concerned with the wider implications of forced labour, including ethical trading and the regulation of supply chains; and to consider how research evidence can strengthen the work of those active in these areas.

More information can be found on the Precarious lives project blog.