29. In some cases, where the fact that certain refugees and asylum-seekers were being held in abusive detention came to the notice of the Office, démarches ha been effective in obtaining their release. However the High Commissioner is acutely aware that there may be incidents, especially in frontier areas where refugees are at risk, of which he does not hear or which cannot be adequately investigated. Certain known incidents have indicated that subordinate organs of the security services in some States have been operating across national frontiers to the detriment of refugees originating from such countries. When cases of this nature have come to the notice of the High Commissioner, he has intervened with the competent authorities in the country of residence of the refugees concerned.
30.
The Executive Committee, in its relevant conclusion, 9/ expressed its grave concern at the continuation of infringements of the elementary rights of refugees and recognized the urgent need for the efforts of the High Commissioner in the field of international protection to be continued and intensified, particularly in areas where such rights were endangered.
5.
31.
Economic and social rights
The right of the refugee to take up employment in his country of residence and to enjoy social security benefits comparable with those normally enjoyed by nationals is provided for by articles 17 and 24 of the 1951 Convention. These provisions are of the greatest practical importance in facilitating the integration of the refugee into the new community. Despite the unfavourable economic conditions in certain areas, progress continues to be achieved towards implementation of the standards defined in these articles, both in countries which are parties to the 1951 Convention and/or 1967 Protocol and also in other countries where asylum-seekers have been admitted for permanent settlement.
32. Thus, in many African countries, refugees are able to take up employment on the same basis as nationals. In Kenya, executive sanction has recently been given to the implementation of legislation giving refugees the right to employment without a work permit. In Asia, a group of displaced persons in Malaysia has been given favourable treatment with regard to employment. Also, in Japan, the Government decided to permit displaced persons who are in the country to obtain employment. In Latin America, work permits became obtainable for recognized refugees authorized to reside in Ecuador on a durable basis. Europe and countries where refugees are normally granted immigrant status, the situation with regard to work permits is generally favourable.
33.
In
Unfavourable practices regarding the employment of refugees are, however, found in several countries. Thus, in one African country, measures furthering the employment of nationals in preference to aliens have had an adverse effect on the employment of refugees, while in one South American country refugees are not permitted to take up employment and are liable to expulsion if found working. Restrictions on the right to work can mean considerable hardship for the refugees concerned, in addition to involving the authorities in the country of residence and UNHCR in heavy financial commitment by way of subsistence allowances.
9/ Ibid., para. 53 (1).
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