KNOMAD study on Refugees' Right to Work and Access to Labor Markets

Refugees' Right to Work and Access to Labor Markets

A December 2016 study produced under the KNOMAD's Thematic Working Group on Migration and Development finds a generally restrictive approach to refugees’ right to work across 20 countries that have taken in 70 per cent of the world’s refugees. Most are reluctant to ease these restrictions too.

The majority of refugees work in the informal sector, but under much less satisfactory and more exploitative conditions compared with nationals. Informal labour markets are also constrained in countries with fragile economies which often host large numbers of refugees, says the study.





The research concludes that:
-more national and international coordination is required,
-multiple actors should share in the responsibility to deliver decent work,
-labour market policies as well as training and education should be harnessed to support sustainable livelihoods,
-refugee social capital should be more effectively engaged. 

Thematic bibliography

We would like to recommend once again to follow the thematic electronic updates of the Forced Migration Current Awareness Blog. We reproduce the last thematic bibliography that may interest our readers. 

Thematic Focus: Work/Economic Aspects

Posted: 25 Aug 2017 12:27 PM PDT

New study on Refugees' Right to Work and Access to Labor Markets

Refugees' Right to Work and Access to Labor Markets

A new study produced under the KNOMAD's Thematic Working Group on Migration and Development finds a generally restrictive approach to refugees’ right to work across 20 countries that have taken in 70 per cent of the world’s refugees. Most are reluctant to ease these restrictions too.

The majority of refugees work in the informal sector, but under much less satisfactory and more exploitative conditions compared with nationals. Informal labour markets are also constrained in countries with fragile economies which often host large numbers of refugees, says the study.
The research concludes that:
-more national and international coordination is required,
-multiple actors should share in the responsibility to deliver decent work,
-labour market policies as well as training and education should be harnessed to support sustainable livelihoods,
-refugee social capital should be more effectively engaged. 

A selected bibliography (with hyperlinks) on the right to work of asylum seekers by Julien BLANC

We would like to provide you with the following (non extensive) bibliography on the right to work of asylum seekers and refugees. The following themes are covered: 

- National campaigns/ situation in Cyprus, Germany, France & Ireland.

- Obstacles and discrimination experienced by asylum seekers to access the labour market, 

- ECRE Recommendations and papers on the right to work 

- Researches to "deconstruct the pull factor theory" and research findings on the right to work  as a factor influencing secondary movement

- Researches on the human and financial cost of denying the right to work, on exploitation

- Research and position papers of trade unions and local administration on the topic

- Research, case law and norms relevant (Universal, regional,in the EU, the UK or South Africa)

This bibliography will usefully be completed by consulting the SRLAN webpage on the economic, cultural and social rights of refugees.

Threats concerning the right to work of asylum seekers in South Africa

We reproduce below a press release by CoRMSA (the Consortium for Refugees and Migrants  in South Africa) detailing the worrying attempt of the South African Government to 'review' the right to work of asylum seekers. 

CoRMSA defends the right to work as Cabinet questions the minimum rights of immigrants (26/11/2011)

The Right to Work of Claimants for International Protection, a Legal Toolbox

A research paper, by Julien BLANC*

Abstract

The capacity of refugees and asylum seekers to integrate in the host country or to find a durable solution abroad is enhanced when the receiving State hosting the asylum seekers recognize their right to engage legally in self- employment, wage- earning employment or in liberal profession at an early stage of the refugee status determination process. Many States have nevertheless de-coupled granting automatically permission to work from the introduction of individual application claims for international protection on the basis of migration deterrent concerns and the right of States to regulate employment of foreigners. Restrictive domestic interpretations of human rights law and standards have lead this vulnerable category of migrants to suffer from unduly prolonged period of deprivation and denial of their right to work by the State, amounting to forced destitution, in breach of human dignity.

This paper may interest persons who examines the right to work of international claimants for protection from a legal perspective. It aims to increase awareness and facilitate applicability of the right to work of claimants for international protection at domestic or regional levels by detailing the relevance of international and regional norms and standards for claimants in need of international protection.