New Posts to Forced Migration Current Awareness work aspects

We encourage our readers to follow Forced Migration Current Awareness posts. We reproduce hereunder the latest post. 

Amid a labour shortage, here’s how businesses could hire more refugees — and gain a strategic advantage (The Conversation, June 2021) [text]

- Focuses on Australia.

Businesses for Refugees Pledge Launches to Rally Private Sector Support for New Americans (Refugees International, June 2021) [text]

Displacement agriculture: neither seen nor heard (AMMODI Blog, June 2021) [text]

- Focuses on Tanzania.

"Helping refugees find work isn’t just a humanitarian effort. It’s good for business," Fortune, 17 June 2021 [text]

Venezuelan Economic Integration Would Yield Huge Benefits; Donors Should Fund It (CGD Blog, June 2021) [text]

Ethiopia Allows Almost 1 Million Refugees to Leave Camps and grant right to Work

Ethiopia passed a law Thursday giving almost 1 million refugees the right to work and live outside of camps, in a move praised for providing them with more dignity and reducing reliance on foreign aid.

Home to Africa’s second largest refugee population after Uganda, Ethiopia hosts more than 900,000 people who have fled conflict, drought and persecution in neighboring countries such as South Sudan, Sudan, Somalia and Eritrea.

The refugees — many of whom sought refuge decades ago and have children born in Ethiopia — are largely confined to one of about 20 camps across country. Most were not permitted to work.

Legal employment hardly accessible to refugees in Turkey

While refugees are allowed to seek employment under Turkish law, legal jobs are largely inaccessible for the vast majority of refugees in Turkey. In its study, “I Am Only Looking for My Rights”: Legal Employment Still Inaccessible to Refugees in Turkey, Refugees International examines the challenges and consequences facing refugees as they seek employment in Turkey. The study is based on a October 2017 research mission.

The report finds that without legal employment, refugees become trapped in a cycle of informal work where the risk of exploitation and abuse is high and wages are low. 

Refugees in Turkey face enormous hurdles to finding legal employment and commonly work excessively long hours often in difficult working conditions and are paid a faction of their Turkish counterparts. In addition, the lack of decent wages for adult refugees pushes many refugee children into the job market as well, instead of attending school.

One of the difficulties refugees face is a climate of hostility and negative myths about the impact of refugees on Turkish society. 

The report offers the following policy recommendations (a.o):

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

Belgium: Agreement between reception and employment agencies to accelerate access of asylum seekers to the job market

Fedasil et le Forem s'entendent pour l'intégration des demandeurs d'asile (l'article ci dessous est un article de l'agence Belga, publié le 29 août 2017, NB nous avons corrigé les dernières lignes par soucis de précision juridique):

Le secrétaire d'Etat à l'Asile et à la Migration Theo Francken (N-VA) et le nouveau ministre wallon de l'Emploi Pierre-Yves Jeholet (MR) ont signé mardi un accord de collaboration pour favoriser l'insertion socio-professionnelle des demandeurs d'asile. L'occasion aussi de donner un "signal" en termes de coopération entre le gouvernement fédéral et la Région wallonne.L'accord de collaboration signé par les deux hommes au centre d'accueil de Rixensart doit permettre d'intensifier la présence du Forem dans les centres Fedasil en Wallonie. Des séances d'informations seront notamment organisées pour les demandeurs d'asile.

In Ireland, Supreme Court is considering right to work of asylum seekers

As formulated by Human Rights Watch “By not allowing asylum seekers to work, Ireland is an outlier among EU member states”.  

I reproduce hereafter an article from The Irish Times dated January 2017 on the denial of the right to work of asylum seekers in direct provision and provide my legal analysis from an international and European perspective.


 We would like in this post to express our support to the Irish campaigners who have long been campaigning for the removal of the governmental ban on the right to work of asylum seekers. The Irish governmental prohibition is  based on old- dated arguments that contradicts international human rights standards, human dignity, refugee law and is not supported by economical arguments. Let's hope that the Irish Supreme Court will be able to adopt a solution more in line with human dignity. 

Young people from migrant and refugee backgrounds lack the social capital to access labour market

A recent paper from the Australian Center for Cultural Youth argues that a crucial link (social capital) is missing to allow for the access of young people from migrant and refugee backgrounds to the labour market.

This paper aims to develop a deeper understanding of the way in which young people from migrant and refugee backgrounds experience social capital in relation to work transitions in Australia, particularly for those who are tertiary educated. This is with the intention of exploring how best to support the breadth and quality of young people’s networks to facilitate the transition to meaningful work. Access to bridging capital for the purposes of employment is an issue of equity – an essential link that is often missing for young people with a refugee or migrant experience.

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.

How are refugees faring on the labour market in Europe?

The OECD & European Commission recently released a working paper based on a 2014 Labour Force Survey. It answers 2 simple questions: who are the migrants who come for humanitarian reasons to Europe and how are they doing on the labour market, education, language and culture.Those questions have particular relevance in the current situation, but are notoriously hard to answer, as refugees gradually ‘disappear’ in migration and integration statistics when gradually settling in. This first evaluation provides key findings which can inform current policy debates.

Employment
Refugees represent one of the most vulnerable groups of migrants on the labour market. With an overall average employment rate of 56%, it takes refugees up to 20 years to have a similar employment rate as the native-born. Family migrants achieve comparable results, while persons arriving for employment or study purposes reach this level at the latest after 9 years.

Letting asylum seekers work would save UK government £233.5 million per year

The governement could slash as much as 25% off the £233.5 million annual bill for asylum support payments if asylum seekers and those refused asylum who cannot go home were allowed to work in the UK, says a new report from a Warwick University research project. The report’s authors say the European standard is to grant access to the job market if individuals have been waiting for 6 months or more for a decision on their claim.Forcing people to live in poverty is not a deterrent for those considering coming to the UK, nor does it encourage those already here to leave, the report continues.

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. 

Ireland: A sad decision of the Irish Court of Appeal

The Irish Court of appeal has ruled that an asylum seeker awaiting a decision on his refugee status had no right to work under the Irish Constitution. 

At the end of the day, maintaining for long period refugees dependent from direct provision allowances and depriving them for years of their right to work contradict all relevant international standards and Ireland is still lagging far behind other European States that have adopted more humane policies. This is a sad decision. We reproduce hereafter the article from the Irish Time, dated 15 March 2016, Asylum seekers has no right to work. 

Work and Social Welfare for Asylum Seekers and Refugees: a study in 8 Selected EU Member States

The European Parliament Research Service has recently released a paper entitled ' Work and Social Welfare for Asylum-seekers and Refugees: Selected EU Member States' (EPRS, Dec. 2015) 

This publication provides an overview of the international and EU legal framework on the right to work and the access to social welfare for asylum-seekers and refugees. The legislation and practice in eight Member States is examined, while the economic impact and employment prospects of asylum-seekers and refugees in the EU are also assessed. It has been produced at the request of a member of the Committee of the Regions, in the framework of the Cooperation Agreement between the Parliament and the Committee.

Will Turkey grant Syrian Refugees the Right to Work?

We would like to reproduce an already dated article (7 August 2015) by Dasha Afanasieva entitled 'Turkey will not give Syrian Refugees Right to Work' highlighting the plight of Syrian refugees in Turkey. Do not hesitate to send us any updates on this topic.

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. 

Refugees will have the right to work, why not employ them?

We would like to reproduce the recent article from the Guardian (Refugees will have the right to work, why not employ them?)  that focus on recent positions of compagnies in the UK or Germany to promote the employment of asylum seekers and refugees. 

Europe may be deeply divided over how to host hundreds of thousands of refugees coming to the continent this year, but some companies are now considering the struggles new arrivals will face finding work. Business leaders in Germany have responded to the refugee crisis by calling for the thousands of people arriving each day to be given help to find employment.

“If we can integrate them quickly into the jobs market, we’ll be helping the refugees, but also helping ourselves as well,” the head of the BDI industry federation, Ulrich Grillo, told the AFP news agency earlier this week. Other business bodies in Germany have backed calls for an easing of restrictions so that skilled refugees can help the country fill gaps in its workforce.

Some socially responsible businesses in the UK are now wondering how they might help newcomers find jobs.

The integration of asylum seekers and refugees in the labour market, a Belgian Case Study

Right to work for asylum seekers in Belgium

Since Novembre 2015 asylum seekers who have asked for asylum in Belgium since at least 4 months (without receiving a negative answer at first level and whose decision is still pending) have the right to ask for a work permit. They had to wait for 6 months before Novembre. The work permit is delivered by the regional authorities. 

This work permit allow them to seek work and work as an employee under a limited or unlimited contract or interim contracts in all Belgium's regions. This work permit also allow asylum seekers to register as a person seeking employment in regional public employment agencies and benefit from their services (access vocational trainings among others). 

When they are housed in public reception centres and are working, asylum seekers may be ask to contribute financially to their housing cost (if the working contract is stable and provides sufficient earnings -which is quite rare in practice). Refugees are dispensed from work permit when they are granted refugee status. 

Asylum seekers in Belgium also have the right to exercice volunteering activities and receive compensation for those activities (no work permit is needed to volunteer of course). 

The Long and Winding Road to Employment
An academic study (The Long and Winding Road to Employment. An analysis of the Labour Market Careers of Asylum Seekers and Refugees in Belgium) published in 2014 by the KUL (Katoliek Universiteit van Leuven) and ULB (Université Libre de Bruxelles) has shown that allowing asylum seekers to work during refugee status determination procedure increased and accelerated later integration in the job market (p.130): 

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: