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: 

UNHCR Diagnostic Tool for Alternatives to Camps 2015 Global Results

In its' Diagnostic Tool for Alternatives to Camps 2015 Global Results UNHCR has established a diagnostic of the situation of refugees in 92 of its' operations (with 121 Population Planning Groups, totaling some 11 million refugees).

The policy requires UNHCR to seek to promote an enabling protection environment where the legal, policy and administrative framework of the host country provides refugees with freedom of movement and residence, permission to work and access to basic services and social “safety nets” as members of the communities where they are living.

In 87% of its' operations, UNHCR has been able to conduct an analysis on socio-economic barriers experienced by refugees in their host country. Among the panel that has been analyzed, refugees are allowed to work in 83% of the situations (in practice in 63% of the situation and in law and policy 20%) and denied the right to work in 17% of the situations.

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: 

Forced Migration Current Awareness Blogs' update focused on right to work of refugees

The last Forced Migration Current Awareness Blogs' update is focusing on the right to work of refugees and related economic aspects. We reproduce hereafter the thematic update articles that are of particular relevance for our blog. We also highly recommend following the Forced Migration Current Awareness Blog. We will dedicate further posts to detail the content of the following article.

Thematic Focus: Work/Economic Aspects

With camps limiting many refugees, the UNHCR’s policy change is welcome

We would like to reproduce hereafter an article by Lucy Hovil called "With camps limiting many refugees, the UNHCR’s policy change is welcome" dated 02 October 2014 and published in The Guardian. It analyses UNHCR new position on alternative to refugee camps. 

It is rare to witness a paradigm shift in refugee protection. But such a shift has just happened with the release of the new policy from the UN high commissioner for refugees (UNHCR) on alternatives to refugee camps.

For refugees and their advocates, who have been shouting for years about the perils associated with camps, the policy is almost too good to be true. As it states: “From the perspective of refugees, alternatives to camps means being able to exercise rights and freedoms, make meaningful choices regarding their lives and have the possibility to live with greater dignity, independence and normality as members of communities.” It makes perfect sense. But why has it taken so long? For decades, the default response to refugee crises has been to set up camps or settlements and coerce refugees into them. Camps, it was argued, were best suited to meet the social, economic and political realities in which refugees are living.

UNCHR Website on Urban Refugee Programs and best Practices

The Website on Urban Refugee Programs and Best Practices is a place to look for resources and insights on effective programming for urban refugees. This collaborative project is meant to serve as a compilation of positive examples of urban refugee services. These best practices are categorized by sector, organization, and geographic location so users can easily search for the information most relevant to them. Check it out, and help the site grow by submitting your own success stories!

Refugees' Right to work is vital to individual dignity said Kenyan High Court (July 2013)

We reproduce hereafter an extract of the first High Court ruling (26 july 2013) quashing the Kenyan government directive planning to send urban refugees living in Nairobi into refugee camps. This extracts recalls that the right to work of urban refugees contributes to human dignity and allows for self-sufficiency of refugees. 

Right to dignity
The petitioners and other refugees have established roots in the country and are productive residents and if the policy is implemented they will be uprooted from their homes and neighbourhoods in what is intended to be a security operation.

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.

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. 

UNHCR Deputy High Commissioner highlights the importance of the right to work

 Stewart Pollock, on the Refugee Work Rights blog (by Asylum Access) reported that at the last Plenary Session of the UNHCR Annual Consultations with NGOs, UNHCR Deputy High Commissioner Alex Aleinikoff spoke on the importance of innovation and self-reliance; highlighting the importance of the right to work.

To read the full post: http://rtwasylumaccess.wordpress.com/2012/07/03/updates-from-geneva-unhcr-deputy-high-commissioner-touts-the-right-to-work/ 

Cash in hand Urban refugees, the right to work and UNHCR's advocacy activities

The UNHCR Policy Development and Evaluation Service (PDES) has released in May 2011 a report called ' Cash in hand Urban Refugees, the Right to work and UNHCR's Advocacy Activities'. As a dispersed population that often lacks secure legal status and access to social services, urban refugees face particular challenges. Urban economies are cash-based, and work is the key livelihoods strategy for refugees in urban settings.  By becoming self-reliant and productive, refugees with the legal right to work can benefit their local communities and host countries in addition to improving their own situations. Urban livelihoods and refugees right to work are therefore priorities for the UN High Commissioner for Refugees (UNHCR), and advocacy is an essential tool to help its staff to reduce barriers to this right.

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.

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.