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MONDAY,
SEPTEMBER 22 - The Belgian minister for Asylum and
Immigration, Annemie Turtelboom, has announced that
illegal staying families with children are no longer to
be detained in closed detention centres. From the start
of October, such families will be placed in open family
housing and assigned a case manager or ‘coach’.
The move comes following research carried out in
February 2007 by Sum Research into alternatives to
detention. The research found two particular problems
areas with the detention of families, in that, it
impedes the natural family dynamic by surrendering
parental authority to a third party (the detention
centre), and that the confinement of a child that has
committed no crime is hazardous to that child’s
development.
Ms Turtelboom has admitted that with the new system
comes a certain risk, considering the possibility of
families awaiting removal may abscond. However, she is
confident that the new, more humane system will be a
success.
Regarding the assignment of coaches, Ms Turtelboom has
said, “they will have an essential role. They will
humanely prepare these families for their return”. This
idea of coaching has been adopted from Australian and
Swedish models.
This announcement by Ms Turtelboom has come as a
surprise to many Belgian NGOs. JRS-Belgium report they
were informed of this project at its early stage, but
are quite surprised at how quickly a decision has come.
In general, Director of JRS-Belgium Christophe Renders
SJ is supportive of the announcement and sees it as
acknowledgement that the detention of minors constitutes
a violation of the Convention of the Rights of the
Child.
However, he is concerned the decision is somewhat hasty
on behalf of the minister, given that she took the
decision more or less on her own, making no attempt to
consult with other actors in the field (bar the Aliens
board who are in charge of the execution of the
project).
“Many questions arise which need further clarification.
Does the minister mean to stop the detention of all
families with children, including the detained families
who asked asylum at the border and the families who are
detained in virtue of the Dublin II convention? Or does
her decision apply only to the families who are staying
illegally on the territory?” says Fr Renders.
Other issues that remain unclear is that of the role of
the ‘coach’. Coaches are to be civil servants from the
Aliens Office and this runs contrary to how the
successful Australian scheme was operated. Coaches will
be appointed only once all other procedures are
exhausted, instead of from the very beginning of the
stay of the families concerned. This means that coaches
will orient the families only towards their return and
will not counsel families regarding their alternatives.
Finally, the fear of JRS-Belgium and other Belgian NGOs
is that this is a badly prepared and incomplete project,
and will be used in a political way to prove that
detention is the only way to host undocumented migrants
on Belgian territory.
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