Ireland: Information session on the right to work of asylum seekers

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

The Right to Work - Asylum Seekers in Ireland

For related articles click here. 

Irish Government has 6 month to allow asylum seekers to work

We would like to reproduce an article from the Irish Times (30th May 2017 by Ciaràn D'Arcy) on the recent judgment of the Irish Supreme Court. 

Brian Killoran of the Immigrant Council of Ireland said Ireland was one of only two EU countries, the other being Lithuania, which has a complete prohibition on asylum seekers finding employment.

The Right to Work - Asylum Seekers in Ireland

 

Occupational Therapy

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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. 

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. 

Coalitions needed towards humane reception policies to promote already existing solutions

Are politicians lagging behind companies, NGOs&trade unions? 

At a time when reception system in Europe are sometimes overwhelmed and new asylum seekers / refugees will face challenges to integrate in the host labour markets and not experience poverty, it seems particularly absurd to legally bar them from working. Barring them from working risks only to make them more vulnerable to exploitation and increase the workforce available on the black market (increasing competition for the other workers, resulting also in the loss of taxes for the State and disempowerment of asylum seekers). 

We strongly believe that NGOs, companies, trade-unions and business associations should voice their concerns and unite in common political campaigns to promote the right to work of asylum seekers and refugees so as to remove existing legal and practical obstacles to their access to the labour market.

Broad coalitions needed!

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.

Counting the Cost, Barriers to employment after Direct Provision in Ireland

In the report 'Counting the Cost, Barriers to Employment after Direct Provision' (May 2014) the Irish Refugee Council evaluates the negative consequences (based on interviews with refugees) for the Irish society and refugees of prolonged stays in the Direct provision system while being deprived from the right to work. 

Among other recommendations (p.38-41) the reports highlights that permission to work should be granted to asylum seekers within a period of maximum six month after the lodging of their protection claim. 

Toward a right to work for asylum seekers in Ireland? Long is the road!

We reproduce an article extracted from the Irish Times (author Carl O'Brien, dating 12 August 2014) highlighting the difficulties experienced by asylum seekers who have been denied the right to work in Ireland and left dependent from the direct provision system for years: 

Government to review conditions for asylum seekers

The Government is to establish a working group next month to review the State’s controversial direct provision system for asylum seekers. Minister for Justice Frances Fitzgerald said issues such as welfare payments for adults and children, restrictions to third-level education and supports for children will be among the issues to be examined. 

However, she ruled out extending the right to work for asylum seekers who have been in the system for long periods, due to the high level of unemployment in the State.

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".

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.