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BELGIUM
1. INVOLUNTARY RETURN
1.1 POLICY
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BELGIUM
Rising numbers of asylum applications and several incidents relating to migration have sparked
off a new debate on migration needs in Belgium. In 1999, the Government responded with an
immigration programme focused on: the creation of a status for persons displaced by war; the
acceleration of the asylum procedure; reform of the nationality law to encourage integration of
migrants; a campaign of regularization; expulsion of undocumented migrants not eligible for
regularization; and reformation of the administration and institutions responsible for immigration.
As a result in 2000, the government tightened the asylum regulations with a new law that came
into force in January 2001 1 and introduced a three-week campaign to legalize undocumented
migrants. In March 2000, the law on naturalization was reformed. The naturalization regulations
were relaxed, allowing all foreigners legally residing in Belgium to become Belgians without a
check on their “desire to integrate”. With this, Belgium has introduced some of the most liberal
legislation on nationality in the European Union. In line with its programme and in pursuance of
a “last in, first out” policy, the length of the asylum procedure was reduced from an average of
three years (in 1999) to one year.
The unfortunate case of a young Nigerian woman, Sémira Adamu, who died during a deportation
process, 2 and the removal of a five-year-old girl to the Democratic Republic of Congo in
October 2002, whilst her mother was in Canada, were given nationwide press coverage, questioning
the authorities’ practices and decisions. These incidents have led to a more sensitive
practice regarding forced return. For Belgium, the detention and removal of failed asylum seekers
does not constitute a policy priority. Emphasis is rather placed on voluntary return in the
context of a predominantly administrative (and not criminal) legislation on asylum.
In 2003, the Belgian immigration policy was as ever dominated by control and restriction of inflowing
migration aligned with the EU harmonization of immigration, as well as by efforts to
integrate foreigners residing legally in Belgium. The current coalition government, as well as the
Flemish and Walloon population, are divided over the debate on the introduction of the right to
vote for non-EU nationals.
1.2 LEGISLATIVE INSTRUMENTS AND PROVISIONS
Forced return is regulated by the Loi du 15 décembre 1980 sur l’accès au territoire, le séjour,
l’établissement et l’éloignement des étrangers (Immigration Act of 15 December 1980) 3 and the
Arrêté Royal (Royal Decree) of 8 October 1981.