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JRS Belgium - www.jrsbelgium.org

Political Developments
In 2008, Belgium experienced much political instability: while general elections took place in June 2007, a government was not installed until March 2008. Tensions amongst the various parties of the governmental coalition were omnipresent throughout the year, having a negative impact on immigration policy.

In a coalition agreement, the government stated that a circular letter should be drawn up defining criteria allowing undocumented migrants, already well integrated into Belgian society, to be legalised. Despite the promises, the government did not come to an agreement on the issue in 2008, leading to various protests across the country. Two major demonstrations took place in Brussels and Antwerp in favour of undocumented people, with JRS Belgium present at both. Several hunger strikes by groups of undocumented people, some of which lasted more than two months, also took place throughout the year - with some of these hunger strikers getting a resident permit of three to nine months. The actions of a number of undocumented people gathered much media attention during the summer months, after they mounted several construction cranes around Brussels.

Blamed for inactivity in her field, the Minister for Asylum and Migration Policy, Ms Annemie Turtelboom, attempted to make some progress on other issues, namely, the detention of families with children. Initially, she stated that this practice did not impinge on rights of the child, but following pressure from civil society organisations, she decided to implement alternatives. These organisations had reminded her of a study on alternatives to the detention of families with children made upon the request of the Minister of Home Affairs in February 2007 and which stated that detention can be very harmful for children. As of October 2008, families with children staying irregularly on the territory were no longer detained. Instead, they were brought to open housing, accompanied by a “coach”, with a view of returning to their country of origin.

This “coach” idea is based on models already used in Sweden and Australia, but with some differences. In Belgium the coach is only appointed once all other procedures have been exhausted, while in Australia, each family gets a coach from the beginning of the procedure. Moreover, in Belgium the coach is not an independent person, since he is a civil servant of the Alien’s Board, and his only task is to convince families to accept the return to their home country. These elements are seen as an obstacle for the families, in view of building a relationship of trust with the coach.

NGOs, while commending the Minister’s search for such alternatives, feared that a badly prepared pilot project would not be successful, and that failure would be used as an argument to detain families with children again. They expressed their discontent that the measure was not applicable to all families, in that, families with children applying for asylum at the border, mainly Brussels airport, were still being detained.



JRS Activities

Detention
The core of JRS Belgium activities was the accompaniment and services offered to foreigners – asylum seekers and irregular migrants – detained in administrative detention centres. In 2008, JRS Belgium experienced an increase in the number of detention centre visitors, whether employed workers or volunteers. This made JRS Belgium the only Belgian organisation visiting all five detention centres on a weekly basis, meaning the expertise of JRS-Belgium in this domain also increased.

Advocacy and awareness-raising
Following policy changes concerning the detention of children in 2008, JRS Belgium joined several other NGOs and official children’s rights bodies in a follow-up appraisal on the implementation of the new alternatives to the detention of families with children. They evaluated the pilot project and proposed improvements to the Minister and her administration.

In Belgium, and according to the Dublin II Convention, large numbers of Chechen and Afghan/Iraqi detainees were being sent back to Poland and Greece respectively. Usually, these asylum seekers had already had a bad experience in these EU Member States, that is, a lack of reception facilities, few chances to be recognized as a refugee, feelings of insecurity. Through detention visits and advocacy work, JRS Belgium paid special attention to this group, sending accurate information to their lawyers, and raising the issue with the government and policy makers.


Publications
On 19 November 2008, a report on the legal aid in the detention centres was published by JRS-Belgium and other NGOs involved in visiting detainees. The report stressed that all detainees must have access to high quality legal aid and counselling, which is not always the case. The report made 50 recommendations to centre staff, the Aliens Board, the Bars and lawyers, the federal government and the legislators on how to improve the access to legal aid. The most important recommendations were: detainees must be provided with clear and rapid information about their individual case; the exchange of information between the lawyers and the centre must be improved; and more training and support should be available for lawyers defending the rights of foreigners in detention centres. The report is available in French and in Dutch, and can be found on the website
www.jrsbelgium.org.

In 2008 JRS-Belgium continued to raise awareness of its work through workshops and information sessions (mainly in Jesuit schools).

For World Refugee Day 2008, JRS detention visitors gave testimonies in Church vigils organised close to detention centres in Bruges and Merksplas.

During the Taizé European Meeting in Brussels at the end of 2008, JRS-Belgium together with members of a parish who welcomed undocumented migrants in the church organised a workshop on the theme “I was a foreigner, and you invited me in”.

 

 

Contact Details

Fr Christophe Renders SJ, Country Director
rue Maurice Liétart 31/9 - B-1150 Bruxelles
Tel: +32-2 738 0818 - Fax: +32-2 738 0816


belgium(a)jrs.net


To send an email, just replace the (a) with @.


   

 
 

Jesuit Refugee Service Europe - Rue du Progrès (Vooruitgangstraat) 333/2 - B-1030 Bruxelles - Belgium
Tel: + 32 2 250 32 20 - Fax: + 32 2 250 32 29 - Email: europe(a)jrs.net