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.

ECRE Paper: The Right to Work for Beneficiaries of International Protection

In December 2016 ECRE released the paper The Right to Work for Beneficiaries of International Protection: 

The ability to engage in decent work is a fundamental human right, integral to human dignity and self-respect. Failure to ensure proper access to the labour market hinders the ability of a beneficiary of international protection to successfully integrate into their new society, and leaves them at risk of destitution. It may also result beneficiaries of international protection engaging in unauthorized work in dangerous and degrading conditions, or their unauthorized onward secondary movement.

As a result, it is essential to ensure beneficiaries of international protection are given effective access to the labour market. In order to effectively enjoy the right to work, individuals not only need effective access to the labour market, but also access to vocational training courses and to have their qualifications recognised in a reasonable period of time. Studies have revealed that when beneficiaries of international protection initially enter the labour market they frequently only have access to jobs subsidised by the State and/or requiring a lower level of qualifications or skills.

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.

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. 

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!

Momentum for campaining coalitions: Business, NGOs, citizens and refugees could benefit if asylum seekers were able to start working sooner

Initiatives from European companies and trade confederations are being publicly released to promote the early access of asylum seekers and refugees to the labour market. It seems that the momentum has come for some politicians to understand that economic, demographic interests and enhancing the rights of asylum seekers and refugees can go hand in hand when comprehensive and humane policy are designed. 

We would like to reproduce this MUST READ article from The Economist (12th December 2015) Businesses could benefit, and refugees integrate faster, if newcomers to Europe were able to start working sooner. It shows that refugees, the State and companies could both benefit - and refugees can integrate faster if asylum seekers were authorized to work just after they have lodged their asylum claim. 

This excellent article also describes successful programmes and activities set up by various companies and NGOs in Europe to support asylum seekers and refugees in accessing the labor market. It identifies a series of problems, however, that hinder the smooth movement of refugees into European workplaces. 

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): 

UNHCR comments on the draft General Comment on the Right to just and favourable conditions of work (article 7 ICESCR)

The UNHCR has released its Comments on the draft General Comment on the Right to just and favourable conditions of work (art. 7 of the ICESCR). As part of its mandate, UNHCR has a direct interest in the right to work for – and in that regard to just and favourable conditions of work for – asylum-seekers, refugees and stateless persons. This paper is a landmark contribution to promote the right to work of asylum seekers and refugees. It is a most welcome text for refugees' advocates as it details the rights of refugees TO work and AT work emanating from the Geneva Convention on Refugee Status and ICESCR and clarify their content. UNHCR is the international authoritative source in charge of interpreting Geneva Convention and provide guidance that should be followed by State, institutions and non-State agents. Full text is available here.

It is also worth noting that UNHCR recalls that it has established a Memorandum of Understanding (1983) with the ILO and in 2012 explored how labour mobility can facilitate durable solutions without undermining protection principles (UNHCR and the ILO co-organized a workshop in Geneva in September 2012 on "Labour Mobility for Refugees", more information available at: http://www.unhcr.org/pages/509a85da6.html).

In providing these comments, UNHCR seeks to draw attention to two important points. Firstly, refugees and stateless persons constitute an important group of persons with specific vulnerabilities in exercising their work rights. Secondly, although refugees and stateless persons’ work rights are more specifically protected under the 1951 Convention relating to the Status of Refugees (1951 Convention) 1 and its 1967 Protocol relating to the Status of Refugees and the 1954 Convention relating to the Protection of Stateless Persons (1954 Convention), respectively, the ICESCR constitutes an important additional source of rights for both groups. 

The ability to engage in decent work is a fundamental human right, integral to human dignity and self respect. For refugees, asylum-seekers and stateless persons, it can be crucial to their survival and self sufficiency. Indeed, without work rights, they cannot legally access labour markets, open businesses, trade in their goods, or earn wages. Work rights assist them to provide for their families and to contribute to their hosting communities. 

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: 

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. 

Reworking the Relationship between Asylum-Seekers and Employment

We would like to add to our thematic bibliography on the right to work of refugees the following book: Reworking the Relationship between Asylum and Employment, By Penelope Mathew, Published 3rd May 2012 by Routledge:

State of play, Common European Asylum System

At its meeting on 25-26 October 2012, the Justice and Home Affairs Council confirmed the agreement reached between the Council and the European Parliament on the recast of the Reception Conditions Directive (containing disposals allowing asylum seekers to access the labour market- see our previous posts- on that topic for more information on the content of article 15 of the Reception Conditions Directive). The adoption of the revised ("second phase") version of the Reception Conditions Directive is expected at the end of the year 2012 according to the deadlines set by the Stockholm Programme, but has not been adopted yet, despite political agreement between the European Parliament and the Member States (in the Justice and Home Affairs Council).

Steeve Peers in its latest State- of play update of the Common European System Statewatch Analysis interestingly mentions:

Political Agreement reached on the Reception Conditions directive at the Justice and Home Affairs Council

According to the Cyprus presidency of the European Union press release (dated 25/10/2012):

 "The Justice and Home Affairs Council (JHA) achieved progress in several legislative proposals for the establishment of the Common European Asylum System (CEAS), as it adopted today, October 25, a Political Agreement on the Reception Conditions Directive. Common European Asylum System moves a step closer.

The Reception Conditions directive, toward a limited legislative progress on access to the labour market of asylum seekers

Context

The current EU rules on claimants for international protection's access to the labour market are set out in Directive 2003/9 (the ‘2003 Reception Conditions Directive’, hereafter RCD), which applies to all Member States except Denmark and Ireland. The UK has opted out of the 2008 proposal (as revised in 2011, and now agreed) to amend these rules, but the 2003 RCD will continue to apply to the UK regardless.

Currently  article 11 of the 2003 EU Reception Conditions directive explicitly recognizes the right to work to asylum seekers, and contingently to claimants for subsidiary protection. 

ECRE Comments on recast of the Reception Conditions directive

We reproduce hereafter ECRE (the European Council on Refugees and Exiles) Comments  on the Amended Commission Proposal to recast the Reception Conditions Directive (COM(2011) 320 final) that were released in September 2011. ECRE Comments were released before June 2012 and September 2012, when the Amended Commission Proposal to recast the Reception Conditions Directive was harshly discussed between the Council, the European Commission and the European Parliament (see our next post on that topic for more informations on the agreement reached after the "trialogue process"). We nevertheless reproduce ECRE Comments as it highlights interesting points:

ECRE Comments: 

Up against the Asylum Clock, Fixing the Broken Employment Authorization Asylum Clock

The Center for Immigrants' Rights and the American Immigration Council's Legal Action Center released (in February 2010) a report on the difficulties experienced by asylum seekers in obtaining Employment Authorization Document in the United States of America. 
The report: (1)  identify problems with the government’s management of the Employment Authorization Document (EAD) asylum clock;  (2) suggest a new policy for operation of the EAD asylum clock. The report incorporates information obtained by the Center and the LAC and analyzes information from attorneys, organizations, and individuals about their experiences with the “asylum clock.”

While asylum applicants are waiting for their cases to be adjudicated, they must also wait to be eligible for employment authorization. The EAD asylum clock potentially affects more than 50,000 asylum applicants every year. 

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)

UNHCR Discussion Paper: Reception Standards: Employment

This Discussion Paper on Reception Standards published in 2006 by the UNHCR, focuses on the right to employment os asylum seekers and refugees contains invaluable contributions on the topic.

UNHCR Discussion Paper: Reception Standards: Employment

United Nations High Commissioner for Refugees Regional Office for Australia, New Zealand, Papua New Guinea and the South Pacific

N°. 1, 2006, pp. 5-20.

Introduction

Granting the right to work to refugees is a relatively standard practice among industrialised countries, but the same rights are not always extended to asylum-seekers and efforts to do so have faced resistance by many governments. Economic factors and deterrence measures are cited by governments as reasons not to treat asylum-seekers in the same way as recognised refugees. 

The issue of reception standards for asylum-seekers which ensure that human dignity and basic rights are protected was discussed at the 2006 October’s Executive Committee meeting of States. A particular focus was the right to gainful employment for both refugees and asylum-seekers as perhaps paramount among the articles of the Convention. Arguably, without the right to work, many other provisions could be considered meaningless.

Ahead of this discussion, UNHCR's Regional Office in Canberra invited contributing perspectives on this issue and its application in the region from the Australian Government, the Hotham Mission Asylum Seeker Project and academic Alice Edwards, who provides internationally comparative data. UNHCR's position drawn from Standing Committee papers, is also provided.

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.