Work Integration for Beneficiaries of International Protection: What Laws Work Best in the United States of America and in the Grand Duchy of Luxembourg?

Abstract

The Convention Relating to the Status of Refugees (Geneva, 28 July 1951), as amended by its Protocol Relating to the Status of Refugees (New York, 31 January 1967), confers on refugees the right to gainful employment (Articles 17-19). This thesis examines to what extent the Grand Duchy of Luxembourg, in Europe, has created a legal framework that is compliant with the provisions of Article 17 of the Convention. Results are then compared to the situation in the United States of America. The thesis finds that both countries comply with their commitment to the 1951 Convention: Under the law, refugees have the same access to the labor market as other citizens have in both countries. An important divergence is found when comparing the way anti-discrimination laws in both countries have evolved, to the way refugee-specific laws have evolved. Modern-day laws in the U.S. and in Luxembourg have evolved from a concept of theoretic equality of rights (de jure) to equal rights in practice (de facto), towards equality of opportunity, the most current development. Regarding refugees’ labor market access, the concept of equality of rights has not been implemented in practice: Refugees are not considered a group specially deserving of protection in their access to national labor markets, and equality of opportunities for refugees in the labor market is not even a topic of discussion. Combining the results of international studies regarding refugees’ integration into the labor market with knowledge obtained from practitioners through expert interviews, the thesis makes three main recommendations on how to create a legal framework that will enhance equality of chances for refugees:

Lawmakers should continue to reduce administrative barriers, especially the wait period for asylees in the United States and for applicants of international protection in Luxembourg. The goal should be to ensure that refugees obtain permission to work and access to employment-related support as fast as possible. Once refugees obtain permission to work, this permission needs to be clearly documented and easy for employers to understand, to verify, and to trust.

Expand the methods for foreign credential recognition and adapt it to the reality of refugees’ life situations. To rely solely on original and certified documentation, often in paper version, is to ignore refugees’ perilous and strenuous journey. New methods of certification are needed, in order to expand the scope of valid educational credentials, and to account for knowledge and skills that have been acquired outside the new country of residence.

Ensure labor market access for refugees at all levels: In practice, refugees should be able to find employment matching their skills and professional experience, across all different sectors (horizontally) and hierarchical positions (vertically). This will require long-term funding cycles that allow service providers to offer employment integration programs built around the refugees’ needs instead of the providers’ needs.