Asylum seekers may be granted right to work in Ireland after 9 months

Asylum seekers in Ireland could be granted the right to work after 9 months according to recommandations of a working group on ways to improving the asylum system in Ireland. The recommendations of the working group report could have a far-reaching impact on the lives of more than 4,000 people in the direct provision system and a further 4,000 asylum seekers living in the wider community. At present, Ireland is one of just two EU member states with a blanket working ban on all asylum seekers.The report is expected to propose that new asylum seekers should have the right to work after nine months of seeking refugee status.

UNHCR released comments on the Reception Conditions Directive (recast)

Asylum seekers waiting for a decision on their application in the European Union must be provided with certain necessities that guarantee them a dignified standard of living according to the EU Reception Conditions Directive that set minimum standards that Member States should respect.

In the past (and present), diverging practices among Member States however led to an inadequate level of material reception conditions for asylum seekers. The Reception Conditions Directive establishes for this reason- and in order to create a level playing field within the EU- common standards of conditions of living of asylum applicants. The previous version of the Directive is still valid until 21 July 2015 when a new one (recast) becomes applicable. It ensures (in legal theory at least) that applicants should have access to housing, food, health care and employment, as well as medical and psychological care.

Article 15 of the Reception Conditions Directive (recast) grants the right to work to asylum seekers but allows for the restriction of this right by EU Member States (who remain free to adopt more favourable standards nevertheless as the Directive only sets minimum standards). EU Member States must transpose the disposals contained in the Reception Conditions Directive (recast) within their legal order by July 2015.

Article 15 of the Reception Conditions Directive (recast) states that: 

UNHCR Diagnostic Tool for Alternatives to Camps 2015 Global Results

In its' Diagnostic Tool for Alternatives to Camps 2015 Global Results UNHCR has established a diagnostic of the situation of refugees in 92 of its' operations (with 121 Population Planning Groups, totaling some 11 million refugees).

The policy requires UNHCR to seek to promote an enabling protection environment where the legal, policy and administrative framework of the host country provides refugees with freedom of movement and residence, permission to work and access to basic services and social “safety nets” as members of the communities where they are living.

In 87% of its' operations, UNHCR has been able to conduct an analysis on socio-economic barriers experienced by refugees in their host country. Among the panel that has been analyzed, refugees are allowed to work in 83% of the situations (in practice in 63% of the situation and in law and policy 20%) and denied the right to work in 17% of the situations.

Food sharing as an opportunity to create jobs for refugees

Food sharing as an opportunity to create jobs for refugees ! We would like to share a tasty and warm article by Mat Petronzio, 'This restaurant is run only by migrants and refugee women'. This initiative supports refugees' employment opportunities in a concrete and inventive manner, adaptable in other parts of the world. 

Mazí Mas is a London-based pop-up restaurant collectively run by women from migrant and refugee communities. These women, all mothers, have had difficulty finding work in the UK due to what some deem a lack of qualifications; nonetheless, they've developed extraordinary culinary skills from years of caring for their families. Kopcke wants to help bridge that gap.

"The idea is to bring to the public something I feel we don't get enough of, which is this amazing cooking you get in homes, but don't usually get a chance to try unless you're invited to someone's home for dinner," Kopcke, who acts as Mazí Mas' CEO, tells Mashable. "And at the same time, it's to create much-needed jobs for women who have no opportunities whatsoever."

German report on the integration of asylum seekers and refugees in the labour market

The Bertelsmann Foundation released a report studying integration of asylum seekers and refugees in the job market in Germany, where asylum seekers are now allowed to work after three months, enhancing their integration prospects. But long asylum procedures still constitute an obstacle to finding job on the labour market, as employers are afraid to employ them without a definitive answer on their refugee status stated the report. Examination of the refugee status in Germany takes in average 7.1 months. 

But waiting time varies depending on nationality: Eritreans with a very high recognition rate nevertheless have to wait for 10.1 months, Afghans 16.5 months and Pakistanis 17.6 months. The report quotes statistics saying that 84% of the German people (surveyed) were in favour of a more rapid integration of asylum seekers in the job market. Reducing (without lowering the quality of the decision making process) the length of refugee status determination status is therefore a major political step to promote refugees integration in the labour market and lower State's dependency of asylum seekers during refugee status determination process.

Worrying plight of IDPs in Irak

We would like to reproduce the recent IRIN article UN Watchdog blasts Iraq over IDP treatment relating increasing difficulties of internally displaced persons and minorities in Irak to move inside Irak to flee the 'so called' Islamist State and find work in the rest of the country due to discrimination or threats by militias. 

DUBAI, 19 May 2015 (IRIN) - A UN watchdog has blasted the Iraqi authorities for their failure to adequately support and protect the nearly three million people displaced within its borders by the so-called Islamic State, citing examples of restricted movement, detention without due process and an "ad hoc" approach to aid delivery.

Rohingyas refugees denied right to work in Malaysia

The recent IRINs' article Kept afloat by hope - the endless odyssey of the Rohingya illustrates the plight of refugees who are denied the right to work in Malaysia:

"More than 150,000 people are currently registered with the UN refugee agency (UNHCR) in Malaysia, just under a third of whom are Rohingya. But Malaysia is not a signatory to the 1951 Refugee Convention and treats Rohingya and all other refugees and asylum seekers as illegal migrants. Registration with UNHCR can take up to two years and even with the agency’s refugee cards, they have no right to work, cannot send their children to government schools and live at constant risk of detention. Most eke out a precarious existence on the fringes of society, vulnerable to exploitation and abuse."  

Read the whole article to learn more about the plight of Rohingyas in Malaysia: 

UNHCR comments on the draft General Comment on the Right to just and favourable conditions of work (article 7 ICESCR)

The UNHCR has released its Comments on the draft General Comment on the Right to just and favourable conditions of work (art. 7 of the ICESCR). As part of its mandate, UNHCR has a direct interest in the right to work for – and in that regard to just and favourable conditions of work for – asylum-seekers, refugees and stateless persons. This paper is a landmark contribution to promote the right to work of asylum seekers and refugees. It is a most welcome text for refugees' advocates as it details the rights of refugees TO work and AT work emanating from the Geneva Convention on Refugee Status and ICESCR and clarify their content. UNHCR is the international authoritative source in charge of interpreting Geneva Convention and provide guidance that should be followed by State, institutions and non-State agents. Full text is available here.

It is also worth noting that UNHCR recalls that it has established a Memorandum of Understanding (1983) with the ILO and in 2012 explored how labour mobility can facilitate durable solutions without undermining protection principles (UNHCR and the ILO co-organized a workshop in Geneva in September 2012 on "Labour Mobility for Refugees", more information available at: http://www.unhcr.org/pages/509a85da6.html).

In providing these comments, UNHCR seeks to draw attention to two important points. Firstly, refugees and stateless persons constitute an important group of persons with specific vulnerabilities in exercising their work rights. Secondly, although refugees and stateless persons’ work rights are more specifically protected under the 1951 Convention relating to the Status of Refugees (1951 Convention) 1 and its 1967 Protocol relating to the Status of Refugees and the 1954 Convention relating to the Protection of Stateless Persons (1954 Convention), respectively, the ICESCR constitutes an important additional source of rights for both groups. 

The ability to engage in decent work is a fundamental human right, integral to human dignity and self respect. For refugees, asylum-seekers and stateless persons, it can be crucial to their survival and self sufficiency. Indeed, without work rights, they cannot legally access labour markets, open businesses, trade in their goods, or earn wages. Work rights assist them to provide for their families and to contribute to their hosting communities. 

Syrian Refugees and the Right to Work: Developing Temporary Protection in Turkey

In the article "Syrian Refugees and the Right to Work: Developing Temporary Protection in Turkey," published in the Boston University International Law Journal, Sarah Bidinger analyzes the Turkish legal framework relevant for granting the right to work to Syrian refugees, at a time when the Turkish government envisage this measure (see our previous article for detailed information on the modalities).  

Sarah Bidinger argues that 'Turkey must develop creative means to address the livelihood issues that Syrian refugees face while waiting to return home. The most positive and efficient method to address these issues involves promulgating regulations within Turkey’s temporary protection scheme to give Syrian refugees the legal right to work. 

The legal frameworks for regulating foreign workers already exist within Turkish laws on Foreigners and International Protection and Work Permits of Foreigners.

Allow Refugees to Work Says UN, as Turkey Prepares to Host 2.5m refugees

UN top officials declares that allowing refugees to access the legal labour market is a good practice to be duplicated in a Newsweek article dating 28/04/2015 :

Allowing refugees to enter the workforce helps to relieve the humanitarian burden in host countries and is "best practice" according to a top UN official, who is warning that Turkey needs help from the international community to deal with "an unprecedented" number of refugees. Many refugees will enter the labour market, both legally and illegally warns Clark, but if they enter it illegally they are in danger of being exploited. "In the case of access to the labour market, this is most definitely a best practice," she adds.

Helen Clark, the administrator of the UN Development Program (UNDP) says countries bearing the brunt of the refugee crisis caused by the ongoing conflicts in Syria, Iraq and Libya, need more support. She points out that legislation proposed by the Turkish government, which will allow refugees to enter certain sectors of the labour market if passed, is a positive move, and one that other countries should consider also adopting.

When refugees stopped being migrants: Movement, labour and humanitarian protection

Katy Long in an article "When refugees stopped being migrants: Movement, labour and humanitarian protection" published in February 2013 recalls the need to open for refugees new legal avenues to host countries that secure economic livelihood :

States and refugee advocates often insist that ‘refugee’ and ‘migrant’ are separate distinct categories, despite ample evidence that these labels blur in practice. However, little attention is paid to the fact that in the past refugees were considered as migrants, with international attention focusing on securing their access to existing migration channels. 

The article traces this tangled history of refugee and migrant identities through the 1920s to the 1950s, when ‘refugee’ and ‘migrant’ categories were separated. The article argues that treating refugees as migrants in the 1920s and 1930s failed to ensure their protection from persecution because their admission was entirely dependent upon economic criteria. Separating refugees from migrants in the 1950s—by providing refugees with an exceptional right to cross borders and claim asylum—helped to address this protection gap. However, the article shows that in creating a special route for admission deliberately set apart from migration, the humanitarian discourse that protects refugees from harm actually prevents refugees from finding durable solutions, which depend upon securing an economic livelihood and not just receiving humanitarian assistance.

Syrian refugees could lose their refugee status and right to work in Lebanon

Syrian refugees could lose their refugee status and right to work in Lebanon as new rules regarding the obtention of their visa are being implemented according to today's IRIN article 'Stranded Syrians at "serious risk" of losing refugee status in Lebanon'. They will be left destitute and increasingly subject to detention and exploitation. 

According to IRIN: 

EuroCities Statement on asylum in cities

In its Statement on asylum in cities released today Eurocities urges, among other interesting recommendations, that the right to work should be granted to asylum seekers after the lodging of their asylum claim so as to ensure their successful social and economic integration and participation in their local settings. 

We reproduce hereafter extracts of Eurocities' Statement: 

Sufficient financial support should be available to cities to help them offer asylum seekers quick and effective access to language training. Asylum seekers must have the right to be gainfully employed and be entitled to equal treatment, pending a definitive decision on their asylum claim. Recognition of their qualifications and of their entrepreneurial potential should also be facilitated. This would enhance their long term ability to contribute to local economies and society, before and after refugee status is granted, furthering their chances of better and faster integration in our society. 

Make them work for free: Italy's interior minister supports forced labour for asylum seekers?

In an article from Africa Time, dated 12 May 2015, called 'Make them work for free' it is possible to read that Italian Interior's ministry has recently declared that asylum seekers should be made to work for free on projects of public interest while waiting for their refugee status, evoking a controversial decree issued several months ago. 

The author of this blog advocates for the right to work of asylum seekers to be legally granted as soon as possible after the lodging of their asylum claim. It facilitates their integration in the labour market once they are recognized refugee, or their return (with the money and experience earned in the host country). But we condemn any policy that would force asylum seekers to work for free as it amounts to forced labour that contradicts international human rights and labour law. Between 1983 and 1990 German authorities have conditioned the material support of asylum seekers to the acceptation of jobs, provoking adamant condemnations of the International Labour Organisation. 

FRA Paper : 'Legal entry channels to the EU for persons in need of international protection: a toolbox'

In its recent paper ' Legal entry channels to the EU for persons in need of international protection: a toolbox' the Fundamental Rights Agency of the European Union (FRA) recommended the use of labour mobility schemes providing the right to work and travel to persons in need of international protection as a way to provide a safe and legal avenue towards the EU. 

Forced Migration Current Awareness Blogs' update focused on right to work of refugees

The last Forced Migration Current Awareness Blogs' update is focusing on the right to work of refugees and related economic aspects. We reproduce hereafter the thematic update articles that are of particular relevance for our blog. We also highly recommend following the Forced Migration Current Awareness Blog. We will dedicate further posts to detail the content of the following article.

Thematic Focus: Work/Economic Aspects

Rethinking Global Protection: New Channels, New Tools, MPI report

A new report from the Migration Policy Institute’s Transatlantic Council on Migration, Rethinking Global Protection: New Channels, New Tools, sketches the sources of strain on the international protection regime and outlines two new avenues that have the potential to reinvigorate it: development- and international mobility-focused approaches. 

Embedding development in humanitarian responses focuses on empowering refugees, in cooperation with host communities, to provide for their own livelihoods by granting them the right to work and opening access to land, equipment, training, and capital. The second approach would open channels of international mobility, including labor migration schemes and international study and training programs, to refugees and other forced migrants. 

“Incorporating development and mobility approaches to protection into international cooperative efforts could prove to be an effective way to create a more sustainable and dynamic response to forcible displacement,” writes Kathleen Newland, who leads MPI’s humanitarian protection work. 

MPI Report examines situation of Syrian refugees in Turkey (incl. finding work)

New MPI Transatlantic Council on Migration Report Examines Turkey’s Response  to the Syrian Refugee Crisis and the Challenges Ahead MPI Holds Event May 4 to Discuss Worsening Syrian Crisis  Turkey is currently host to the largest community of displaced Syrians in the region. Adding to the challenge, the rising refugee inflows have occurred even as Turkey was in the midst of overhauling its asylum and reception system to meet international, and particularly European Union, standards. The country, which according to United Nations estimates had more than 1.7 million Syrian refugees as of March, has largely shouldered the burden on its own—spending $5 billion as of early 2015, with just 3 percent coming from international community contributions.  A new report from the Migration Policy Institute’s Transatlantic Council on Migration, Syrian Refugees in Turkey: The Long Road Ahead, by Ahmet İçduygu, dean of the College of Social Sciences and Humanities at Koç University in Istanbul, examines the policies and conditions of Syrian refugees, as well as the implementation of reforms to Turkey’s migration law. With growing dispersion and movement of Syrian refugees through Turkey to other countries, mainly in Europe, Turkey’s experience and policies towards the arrivals have implications for the broader region. As the numbers of Syrians overwhelmed the capacity of camps funded and managed by the Turkish state and NGOs, refugees started taking shelter in towns and cities throughout the country. Many struggle to access adequate housing and services, and are forced to find work in the informal economy, often for extremely low wages. The Turkish public, meanwhile, is expressing increased concern about the high numbers of Syrians and there is a growing sense that the newcomers are driving up housing costs and competing with Turks for jobs.