Legal work rights for refugees in Malaysia is a first positive step forward

Legal work rights for refugees in Malaysia is a positive step forward but they must be offered adequate protections for the scheme to succeed long-term writes Gerhard Hoffstaedter on the Asia & the Pacific policy society blog.

Several news outlets have reported on a pilot scheme to provide work rights to 300 Rohingya refugees in Malaysia. This scheme is a cooperation between the Malaysian government and the UN Refugee Agency (UNHCR). It has been long in the making and refugee advocates, as well as the UNHCR, have been arguing for more regularisation of refugees in Malaysia for a long time.

The announcement comes at a time of escalating violence against the Rohingya in Myanmar and reports of ethnic cleansing. The Malaysian government’s approach to the plight of the Rohingya has long been guided by the ASEAN policy of non-interference. However, last week the government demanded action from Myanmar in a public statement and summoned the Myanmar ambassador to convey their message.

Malaysia is not a signatory to the UN refugee convention or protocol and therefore does not recognise refugees legally. The UNHCR is allowed to register refugees on the understanding that the majority are to be resettled to safe third countries, such as the US, Australia, Canada and European countries. Currently, over 150,000 refugees are registered by the UNHCR with many more remaining unregistered and very vulnerable.

The UNHCR does not have sufficient means to look after so many refugees, which necessitates their employment in often dirty, dangerous and demeaning occupations. Without outside help, refugees turn to the large Malaysian shadow economy, where they find badly-paid work, are often cheated out of their wages, or worse. When accidents happen, entire families can become destitute overnight as few have health insurance or access to workers’ compensation schemes.

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. 

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.

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.

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: 

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

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.

UNCHR Website on Urban Refugee Programs and best Practices

The Website on Urban Refugee Programs and Best Practices is a place to look for resources and insights on effective programming for urban refugees. This collaborative project is meant to serve as a compilation of positive examples of urban refugee services. These best practices are categorized by sector, organization, and geographic location so users can easily search for the information most relevant to them. Check it out, and help the site grow by submitting your own success stories!