The Right to Work of Asylum Seekers and Refugees Publication by COSTELLO, Cathryn; O’CINNÉIDE, Colm / May 2021

 

The Right to Work of Asylum Seekers and Refugees

Publication by
COSTELLO, Cathryn; O’CINNÉIDE, Colm / May 2021

This working paper analyses the right to work to asylum seekers and refugees. Part I briefly sets the scene, with an account of the reality of work rights restrictions for asylum seekers’ and refugees. Part II analysis the right to work of asylum seekers and refugees, specifically examining the right under international human rights law of global and regional scope.

Council of Europe Resolution 1994 (2014): Refugees and the Right to Work

We would like to draw the attention on the resolution 1994 (2014) of the Parliamentary Assembly of the Council of Europe called 'Refugees and the Right to Work' adopted in April 2014.

In this resolution the Parliamentary Assembly states that: 

Among member States of the Council of Europe, it is common practice to grant the right to work to refugees. Asylum seekers are usually also granted the right to work, although not immediately and often with restrictions such as secondary access to the labour market after other migrants and nationals.
Many barriers exist, however, which prevent refugees and asylum seekers from taking full advantage of the right to work. These include problems linked to insufficient language skills, lack of knowledge of the labour market, lack of training and work experience, and problems related to the recognition of qualifications and experience.

It makes sound economic and social sense to allow asylum seekers to work and to provide refugees with access to the labour market. The cost to the State will clearly be less if asylum seekers and refugees are employed rather than dependent on State support. Employment also contributes to a more cohesive society by encouraging and improving contacts between refugees, asylum seekers and the local community.

The Parliamentary Assembly considers that, taking into account international obligations and the existing European legal framework, member States should do more to ensure that refugees – including people with subsidiary protection – and asylum seekers gain access to and are better integrated into the labour market. More specifically, the Assembly recommends that member States: 

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. 

Ireland: State policy Drives asylum seekers into real poverty

We would like to share the following article ' State policy drives asylum seekers into real poverty' published today in the Irish Times by Sue Conlan, chief executive of the Irish Refugee Council. Sue Conlan argues that poverty is not just about income or needs, it is about being part of society. According to Sue Conlan, asylum seekers are living in poverty over a sustained period of time as a matter of State policy. Sue Conlan argues for a reception system that allows for both direct provision of support and the right to work for asylum seekers -a "policy- mix" reception policy, in conformity with recommended best practices. Sue Conlan calls for a revision of the Irish direct provision system as " it has not only outlived its necessity but, more importantly, it is damaging those within the system and Ireland’s reputation for human rights in the international community".

Joint Colloquium on the Right to Work for Refugees in Europe

The Council of Europe hold a Joint Colloquium on the Right to Work for Refugees in Europe (the 27th September 2012) in Strasbourg. The programme is available, as well as the opening remarks speech by Gabriella Battaini-Dragoni, Deputy Secretary General of the Council of Europe. We reproduce the following excerpts of the opening speech: 

The topic of today's Colloquium, the right to work for refugees, is of paramount importance. The UNHCR estimates that there are about one and a half million recognised refugees in Council of Europe member states. There are no accurate estimates as to how many refugees are in formal employment in member states, but as we will hear today, the reality is that many refugees face many barriers in exercising this right which is guaranteed by the European Social Charter.

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.