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):

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

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.

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. 

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. 

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): 

German report on the integration of asylum seekers and refugees in the labour market

The Bertelsmann Foundation released a report studying integration of asylum seekers and refugees in the job market in Germany, where asylum seekers are now allowed to work after three months, enhancing their integration prospects. But long asylum procedures still constitute an obstacle to finding job on the labour market, as employers are afraid to employ them without a definitive answer on their refugee status stated the report. Examination of the refugee status in Germany takes in average 7.1 months. 

But waiting time varies depending on nationality: Eritreans with a very high recognition rate nevertheless have to wait for 10.1 months, Afghans 16.5 months and Pakistanis 17.6 months. The report quotes statistics saying that 84% of the German people (surveyed) were in favour of a more rapid integration of asylum seekers in the job market. Reducing (without lowering the quality of the decision making process) the length of refugee status determination status is therefore a major political step to promote refugees integration in the labour market and lower State's dependency of asylum seekers during refugee status determination process.

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.

Thailand, Closed Camps, No Work Authorization lead to Stagnation and Abuse

In the report 'Thailand: Refugee Policies Ad Hoc and Inadequate' dating from September 2012, Human Rights Watch finds that Thai refugee policies are not grounded in law and cause refugees of all nationalities to be exploited and unnecessarily detained and deported. 

Human Rights Watch concluded among others that closed camps and lack of work authorization lead to stagnation and abuse. 

The report focuses on the plight of Burmese refugees, the largest current refugee group in Thailand. It examines treatment and conditions of both Burmese refugees inside the camps on the Thai-Burma border and Burmese outside the camps, who are not officially recognized as refugees. 

Join Asylum Access Refugee work Rights Coalition, fill in their Survey!

Asylum Access is conducting a survey on the right to work of refugees and asylum seekers and is initiating the Refugee work Rights Coalition. We invite all individuals and organisations active on this topic to fill in Asylum Access' questionnaire and to join the Coalition. 
Who should fill out the survey?  Academics, service providers and those generally familiar with the refugee population in their area of residence are invited to answer this short survey. 

Why you should join the Coalition? NGOs, academics, advocates and service providers committed to advocating for and facilitating access to safe, lawful employment for refugees are welcome to join this international forum. Together we can put this issue on the agenda, make informed recommendations, and help refugees access their right to work around the world. Don’t miss out on the opportunity to be a part of this discussion.

Interested in being a part of the movement? Sign up for updates and meeting notices by joining the Refugee Work Rights Coalition Google group.To obtain more information on Asylum Access campaign and survey: click here. To fill in Asylum Access survey on the right to work in English (click here) or in Spanish (click here)

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:

Refugee Livelihood and the Humanitarian Innovation project

 The Forced Migration Current Awareness blog has brought to our attention the Humanitarian Innovation Project (HIP) website where we found the following excerpts: 

“It is unacceptable that many refugees are left indefinitely dependent on international assistance, deprived of the right to work or freedom of movement. By developing a bottom-up approach to humanitarian innovation, the Humanitarian Innovation Projects aims to support sustainable, market-based solutions that build upon refugees’ own skills, aspirations and entrepreneurship” declared Alexander Betts, director of the Humanitarian Innovation Project. 

Refugees, Recent Migrants and Employment: Challenging Barriers and Exploring Pathways

In Refugees, Recent Migrants and Employment: Challenging Barriers and Exploring Pathways  (ed., Routledge, Abingdon, 2009) Sonia McKay seeks to provide an in-depth and empirically-based analysis of the barriers experienced by refugees and recently arrived migrants in accessing employment commensurate with their qualifications, skills and experience, and how such barriers might be overcome. 

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. 

Exploring experiences of forced labour among asylum seekers and refugees in England, the Precarious lives project

The Precarious lives (exploring experiences of forced labour among asylum seekers and refugees in England) project is co-organizing a  conference at the University of Leeds, UK, on 14 December 2012 on the subject of Vulnerable Workers, Forced Labour, Migration and Ethical Trading.

The conference will bring together academics, campaigners, and policy makers to explore both the drivers and the broad experiences of vulnerable, forced and exploitative labour, to place the UK experience within a global context, and put questions of globalisation, migration and ethical trading centre-stage. Organizers are particularly interested to support campaigning groups, including trades unions, those supporting refugees/ asylum seekers, and organisations concerned with the wider implications of forced labour, including ethical trading and the regulation of supply chains; and to consider how research evidence can strengthen the work of those active in these areas.

More information can be found on the Precarious lives project blog. 

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.

Welfare-to-work reform policy and its consequences on refugees looking for a job

Isabel Shutes published recently in the Journal of Social Policy a research paper ('Welfare-to-Work and the Responsiveness of Employment Providers to the Needs of Refugee') on the consequences of the welfare to work reform policy and its consequences on refugees looking for a job.