Overview of Right to Work for Refugees Syria Crisis Response: Lebanon & Jordan

The International Rescue Committee (IRC) in its' policy paper 'Overview of Right to Work for Refugees Syria Crisis Response: Lebanon & Jordan' examines the access to work of Syrian refugees in Jordan and Lebanon, as codified under international law. It then considers the domestic law in Jordan and Lebanon that governs work rights for Syrian refugees and provides recommendations for future policy and practice to help realize their right to work. 

We reproduce hereafter selected excerpts of the brief:

Jordanian Labour Laws 

Under the Jordanian Constitution, the full right to work is reserved only for Jordanian citizens. In Jordan, refugees are treated as other foreigners, with the labour law not granting any special legal status.The Ministry of Labour imposes tight restrictions on access to work for all foreigners, including refugees, and can severely limit professions open to foreign workers.The 1973 Residence and Foreigners’ Affairs Law makes clear that refugees who want to work are obliged to obtain a work and residency permit, for which the employer must pay the renewal or issuing fee. While national labour laws exist to protect all workers from exploitative practices, no laws exist to specifically guarantee the protection of the rights of refugees, migrant workers or other vulnerable groups. 

(...) Jordan has also entered into a Memorandum of Understanding (MOU) with UNHCR which provides important language around work. In particular, the MOU refers to the need for lawfully residing refugees to be able to provide a living for one’s family and authorizes those with degrees that are recognized by Jordan to practice their professions legally. (...) In practice, however, for the vast majority of Syrian refugees work permits are not granted, regardless of profession. According to the International Labour Organisation, only 10% of refugee workers in Zaatari and outside the camp reported having obtained a work permit for their current job. As a result, about 160,000 Syrians are working illegally in Jordan, mostly in the informal sector where they are exposed to hazards and exploitation.” 

Lebanese Labour Laws 

In Lebanon, until early 2015, registered Syrian refugees had the right to work for the first six months following their arrival if they obtained a work permit—although such permits had not been issued to Syrians with any reliability for a considerable period prior to 2015. However, a lack of enforcement of labour regulations created a more lenient working environment for non-registered refugees, those working without permits and refugees operating businesses without a license. As the Syrian crisis has become more protracted and refugee flows to neighboring countries have continued to rapidly increase, the Lebanese government has implemented a series of restrictions making it increasingly difficult for Syrian refugees to legally access work.  

In 2011, only 390 Syrian workers applied for a work permit and 571 had their work permit renewed, out of a total registered refugee population of 4,840 Syrians at the time. Residency requirements, which are a pre-requisite to obtaining a work permit, have also become increasingly difficult to obtain. Refugees registered with UNHCR and attempting to renew or regularize their residency permit on the basis of their UNHCR registration certificate, or through a non-employer sponsor, are required to sign a pledge not to work. 

Consequently, the overwhelming majority of Syrian refugees are now working in informal labour sectors in Lebanon. Because most Syrian refugees work outside the protection of the law, many face harmful working conditions and exploitation. Compared to other workers in the informal sectors, Syrian refugees are generally paid less, required to work longer hours, are more vulnerable to employers arbitrarily withholding wages, and typically work with no formal contract between employer and employee.  

Conclusion 

 After five years of conflict, unrest and displacement in and around Syria, the protracted refugee crisis in neighbouring countries is ever more pressing. Millions of Syrian refugees are now living in Jordan and Lebanon, many of whom have depleted their savings and are now struggling to meet their families’ basic needs.Jordanian and Lebanese labour laws fail to foster an amenable climate to encourage access to safe and sustainable work, and both countries have issued work permits to only a few.  

The economic impact of these policy decisions has been largely felt in the informal sector, which remains the primary avenue for Syrian refugees to find work, often at great risk of exploitation and unsafe working conditions. Syrian refugees have thus ensured a large supply of low wage work, causing a growth in the informal market and placing downward pressure on wages and work conditions across the informal labour markets. The detrimental impacts are felt both by Syrian refugees and the most vulnerable host communities, who are more likely to also be employed in these large informal markets.

 The result is a race to the bottom for the lowest wages and potentially an inability for those most vulnerable to earn sufficient wages to meet their essential needs and live in dignity. All refugee hosting states, including Jordan and Lebanon, have legal obligations towards refugees that go beyond the obligation not to return refugees to their country of origin where they fear persecution. These include rights that are fundamental to human dignity – including the right to work.