Right to Work for Refugees Claiming Asylum: An Examination of Dutch Policies and Practices

Abstract

Nowadays, asylum has become a key political and policy issue as refugees claiming asylum are categorized or labeled as asylum seekers and are left in what may be described as a transitory state. This leads to a hierarchical system in which refugees are not allowed to receive their full rights until they are qualified as refugees by the government handling their asylum claim. The focus of this article is on refugees claiming asylum and their right to work. While the right to work should be guaranteed for refugees claiming asylum, as it is enshrined in international human rights law, this right is actually severely restricted and / or limited, and there are vast inconsistencies. In this article, the major international (regional) and national standards regarding the right to work for refugees claiming asylum are summarized, compared and discussed. In order to understand how the inconsistencies come about between the existence of acknowledged rights, laid down in a legal framework, and the assertion of these rights on the ground level, a case study in the Netherlands is provided. This national case study clarifies some of the obstacles which refugees claiming asylum face while trying to obtain this right, and sheds some light on the means of the right to work and the needs of this group of people. The influence of the makeup of the Dutch reception facilities and its bureaucracy regarding procedures and practices are analyzed. Political, societal and economic factors circling around and shaping the legal framework are also assessed as an influence upon the difficult assertion of the right to work on the ground level. While the Netherlands is regarded within the international arena as a promoter of human rights, it becomes clear that the Netherlands narrows down the right to work for this group of people. This article tries to create a better understanding about the major themes, problems and difficulties surrounding the right to work for refugees claiming asylum.