Belgium

7,105

Immigration detainees

2017

No Data

Detained children

Overview

(June 2023) Belgium continues to adopt harsh detention policies, described as “punishment against people who are unable to get a residence permit” and “[breaking] the resistance of individuals to deportation, through psychologically and physically inhuman treatment.” The detention system holds an average of 6,000 to 8,000 migrants each year, including children and asylum seekers. While the Covid-19 pandemic led to a reduction in detention capacity, it also led to a reduction in access to detention facilities by independent monitoring bodies. The government is planning to increase immigration detention capacity by building additional detention centres.

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

02 November 2021 – Belgium

The Belgian NGO Vluchtelingenwerk Vlaanderen reported that during 19-22 October 2021, between 60-150 asylum seekers were being denied access to the asylum registration procedure per day, and in consequence did not have access to reception. As reported on 11 August 2020 on this platform, many asylum seekers were sleeping rough after being released from detention. […]

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Strike Action Outside

11 August 2020 – Belgium

According to an international organisation official who asked to remain anonymous, but whose identity was verified by the GDP, while no moratorium on new immigration detention orders was established, fewer detention orders have been issued since the onset of the Covid-19 pandemic. The Director-General of the Immigration Office (IO) and the Minister for Asylum and […]

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Migrants Left Homeless at the Maximilien Parc in Brussels, (Plateforme Citoyenne de Soutien aux Réfugiés, L. Carretero,

06 May 2020 – Belgium

Global Detention Project Survey completed by Laura Cleton (@LauraCleton), University of Antwerp IS THERE A MORATORIUM ON NEW IMMIGRATION DETENTION ORDERS? There has been no public information on whether new detention orders are still being made. In terms of Orders to Leave the Territory (OLT), the Minister for Social Affairs, Public Health, Migration and Asylum, […]

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Merksplas Detention Centre, (Ton Wiggenraad,

11 April 2020 – Belgium

Authorities announced that they had expanded access to the labour market for asylum applicants (if they have already submitted their application). Authorities hope that they can help make up for the lack of workforce – particularly seasonal workers – in the country. From 20 March 2020, the Brussels local government will be hosting 100 homeless […]

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Migrants Left Homeless Sitting on a Bench in a Park in Brussels, (Olivier Polet, 20 March 2020, Le Soir,

27 March 2020 – Belgium

Belgium halved its immigration detention capacity (from 609 to 315 spaces) in the weeks after the outbreak of the pandemic. By 19 March, the total number of detainees in the country’s six detention centres had dropped to 304. However, because reception centres for asylum seekers are no longer accepting new arrivals and detainees are being […]

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Detainee Handcuffed Against a Wall in a Room with a Staff Member Covered in Protective Gear in a Detention Centre, (https://www.moustique.be/25665/la-detention-en-centres-fermes-maintenue)
Last updated: March 2020

DETENTION STATISTICS

Alternative Total Migration Detainee Entries: Flow (year)
0
Total Migration Detainees: Flow + Stock (year)
7,105
2017
6,311
2016
6,229
2015
5,602
2014
6,285
2013
6,797
2012
7,034
2011
6,553
2010
6,439
2009
6,902
2008
7,506
2007
8,742
2006
7,837
2004
9,345
2003
8,590
2002
Reported Population (Day)
202
2020
162
2020
304
2020
Average Daily Population (year)
0
Immigration Detainees as Percentage of Total Migrant population (Year)
0.45
2015
0.54
2013
0.62
2010

DETAINEE DATA

Countries of Origin (Year)
Albania (Morocco) Afghanistan Sudan Algeria
2017
Number of Asylum Seekers Placed in Immigration Detention (Year)
0
2018
969
2015
1,868
2014
1,884
2013
1,371
2011
1,449
2010
Total Number of Children Placed in Immigration Detention (Year)
326
2017
316
2016
345
2015
429
2014
352
2013

DETENTION CAPACITY

Total Immigration Detention Capacity
609
2017
583
2016
452
2015
Immigration Detention Capacity (Specialised Immigration Facilities Only)
583
2016
Number of Dedicated Immigration Detention Centres
5
2018
5
2017
5
2016
5
2015

ALTERNATIVES TO DETENTION

Number of Detainees Referred to ATDs (Year)
590
2013
485
2012
463
2011
221
2010
206
2009

ADDITIONAL ENFORCEMENT DATA

Number of Deportations/Forced Removals (Year)
0
2018
2,615
2017
2,630
2016
2,525
2015
2,640
2014
Number of Voluntary Returns & Deportations (Year)
4,940
2018
6,315
2017
4,245
2016
5,835
2015
5,575
2014
7,170
2013
7,840
2012
Percentage of Removals v. Total Removal Orders (Year)
88.88
2017
15.8
2014
Number of Apprehensions of Non-Citizens (Year)
19,145
2018
30,757
2017
29,059
2016
24,137
2015
15,540
2014
15,075
2013
15,085
2012

PRISON DATA

Criminal Prison Population (Year)
11,071
2016
11,769
2014
Percentage of Foreign Prisoners (Year)
45
2015
44.2
2011
Prison Population Rate (per 100,000 of National Population)
98
2016
105
2014

POPULATION DATA

Population (Year)
11,600,000
2020
11,299,000
2015
10,800,000
2012
International Migrants (Year)
1,981,919
2019
1,388,000
2015
1,159,800
2013
1,053,000
2010
International Migrants as Percentage of Population (Year)
12.3
2015
10.4
2013
Estimated Undocumented Population (Year)
100,000
2016
Refugees (Year)
61,662
2019
42,168
2018
42,168
2017
42,128
2016
35,314
2015
25,633
2014
Ratio of Refugees Per 1000 Inhabitants (Year)
3.71
2016
2.6
2014
2.01
2012
New Asylum Applications (Year)
12,882
2019
23,443
2018
19,688
2017
18,710
2016
44,760
2015
38,570
2012
Refugee Recognition Rate (Year)
57
2016
52
2015
32
2014
Stateless Persons (Year)
7,695
2018
2,630
2016
5,267
2015
2,466
2014

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
47,352
2014
45,387
2013
Remittances to the Country
11,321,000
2015
10,985
2011
Remittances From the Country
4,051
2010
Unemployment Rate
2014
Net Official Development Assistance (ODA) (in Millions USD)
2,315
2012
2,807
2011
Human Development Index Ranking (UNDP)
21 (Very high)
2014

MIGRATION-RELATED DETENTION

GOVERNANCE SYSTEM

Legal Tradition(s)
Civil law

LEGAL & REGULATORY FRAMEWORK

Do Migration Detainees Have Constitutional Guarantees?
Yes (La Constitution Belge, Article 12) 1994 2014
1994 2016
Detention-Related Legislation
15 DECEMBRE 1980. - Loi sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers mise à jour au 2 juillet 2018 (1980) 2018
1980
Law of 15 December 1980 regarding the Entry, Residence, Settlement and Removal of Aliens (Aliens Act) (1980) 2016
1980
Law of 12 January 2007 regarding the Reception of Asylum Seekers and other categories of Aliens (known as Reception Act) (2007)
2007
Additional Legislation
8 OCTOBRE 1981. - Arrêté royal sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers mise à jour au 16 novembre 2018 (1981) 2018
1981
22 juillet 2018. Arrêté royal modifiant l'arrêté royal du 2 août 2002 fixant le régime et les règles de fonctionnement applicables aux lieux situés sur le territoire belge, gérés par l'Office des Etrangers, où un étranger est détenu, mis à la disposition du gouvernement ou maintenu, en application des dispositions citées dans l'article 74/8, § 1er, de la loi du 15 décembre 1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers (2018)
2018
Royal Decree of 2 August 2002 determining the regime and regulations to be applied in the places on the Belgian territory managed by the AO where an alien is detained, placed at the disposal of the government or withheld, in application of article 74/8 §1 of the Aliens Act (known as Royal Decree on Closed Centres) (2002) 2014
2002
Royal Decree of 8 October 1981 regarding the Entry on the territory, Residence, Settlement and Removal of Aliens (1981)
1981
Royal Decree of 9 April 2007 determining the regime and functioning rules of the Centres for Observation and Orientation of Unaccompanied Minors (known as Royal Decree on OOCs) (2007)
2007

GROUNDS FOR MIGRATION-RELATED DETENTION

Immigration-Status-Related Grounds
Detention to effect removal
2017
Detention during the asylum process
2017
Detention after readmission
2017
Detention to prevent unauthorised entry at the border
2017
Detention to ensure transfer under the Dublin Regulation
2017
Non-Immigration-Status-Related Grounds in Immigration Legislation
Detention on public order, threats or security grounds
2017
Criminal Penalties for Immigration-Related Violations
Yes (Yes)
2019
Yes (Yes)
2016
Yes (Yes)
2014
Grounds for Criminal Immigration-Related Incarceration / Maximum Length of Incarceration
Unauthorised stay (365)
2016
Unauthorized re-entry (365)
2016
Unauthorised stay (90)
2015
Unauthorized entry (90)
2014
Children & Other Vulnerable Groups
Unaccompanied minors (Prohibited) Yes
2017
Asylum seekers (Provided) No
2015

LENGTH OF MIGRATION-RELATED DETENTION

Maximum Length of Administrative Immigration Detention
Number of Days: 150
2019
Number of Days: 150
2016
Average Length of Immigration Detention
Number of Days: 35
2017
Number of Days: 26
2016
Number of Days: 26
2012
Number of Days: 27
2011
Number of Days: 27
2010
Number of Days: 25
2009
Maximum Length of Detention of Asylum-Seekers
Number of Days: 150
2015
Recorded Length of Immigration Detention
Number of Days: 429
2015
Number of Days: 270
2014
Maximum Length in Custody Prior to Detention Order
Number of Days: 1
2016

MIGRATION-RELATED DETENTION INSTITUTIONS

Custodial Authorities
l’Office belge des Etranger (Interior Ministry) Interior or Home Affairs
2015
Office des étrangers (Service Public Fédéral Intérieur) Interior or Home Affairs
2010
Apprehending Authorities
Services de police (Police) Ministry of Foreign Affairs
2016
Detention Facility Management
l’Office belge des Etrangers (Governmental)
2015
l’Office belge des Etrangers (Governmental)
2015
State (Governmental)
2010
Formally Designated Detention Estate?
Yes (Any facility designated by relevant authority)
2017
Types of Detention Facilities Used in Practice
Immigration detention centre (Administrative)
2017
Immigration detention centre (Administrative)
2015

PROCEDURAL STANDARDS & SAFEGUARDS

Procedural Standards
Information to detainees (Yes) infrequently
2019
Independent review of detention (Yes)
2017
Complaints mechanism regarding detention conditions (Yes)
2002
Right to legal counsel (Yes)
1981
Right to appeal the lawfulness of detention (Yes)
1980
Types of Non-Custodial Measures (ATDs) Provided in Law
Supervised release and/or reporting (No) Yes
2020
Release on bail (No) No
2014
Supervised release and/or reporting (No) No
2014
Electronic monitoring (No) No
2014
Registration (deposit of documents) (No) No
2014
Designated non-secure housing (No) No
2014

DETENTION MONITORS

Types of Authorised Detention Monitoring Institutions
Centre for Equal Opportunities and Opposition to Racism (National Human Rights Institution (or Ombudsperson) (NHRI))
2016

> National human rights monitoring bodies

> National Preventive Mechanisms (Optional Protocol to UN Convetion against Torture)

> Non-governmental organisations (NGOs)

> Governmental monitoring bodies

> International detention monitoring

TRANSPARENCY

READMISSION/RETURN/EXTRADITION AGREEMENTS

Bilateral/Multilateral Readmission Agreements
Austria (1965)
2017
Bulgaria (2005)
2017
Croatia (2005)
2017
Estonia (2005)
2017
France (1964)
2017
Germany (1966)
2017
Hungary (2003)
2017
Lithuania (2005)
2017
Luxembourg (1967)
2017
Netherlands (1967)
2017
Poland (1991)
2017
Romania (2006)
2017
Slovakia (2004)
2017
Switzerland (2007)
2017
Albania (2008)
2017
Bosnia and Herzegovina (2008)
2017
Macedonia (2008)
2017
Kosovo (2011)
2017
Montenegro (2012)
2017
Russian Federation (2010)
2017
Serbia (2004)
2017

COVID-19

HEALTH CARE

COVID-19 DATA

Has the country released immigration detainees as a result of the pandemic?
Yes
2020

Has the country used legal "alternatives to detention" as part of pandemic detention releases?
No
2020

Has the country Temporarily Ceased or Restricted Issuing Detention Orders?
No
2020

Has the Country Adopted These Pandemic-Related Measures for People in Immigration Detention?
COVID-19 Testing: YesVaccinations: UnknownProvision of Masks: UnknownProvision of Hygiene Supplies: UnknownSuspension of Visits: Unknown
2020

Has the Country Locked-Down Previously "Open" Reception Facilities, Shelters, Refugee Camps, or Other Forms of Accommodation for Migrant Workers or Other Non-Citizens?
Unknown
2021

Have cases of COVID-19 been reported in immigration detention facilities or any other places used for immigration detention purposes?
Unknown
2021

Has the Country Ceased or Restricted Deportations/Removals During any Period After the Onset of the Pandemic?
No
2020

Has the Country Released People from Criminal Prisons During the Pandemic?
Yes
2020

Have Officials Blamed Migrants, Asylum Seekers, or Refugees for the Spread of COVID-19?
Unknown
2021

Has the Country Restricted Access to Asylum Procedures?
Yes but restrictons ended
2020

Has the Country Commenced a National Vaccination Campaign?
Yes
2021

Have Populations of Concern Been Included/Excluded From the National Vaccination Campaign?
People in Immigration Custody (including legal in "alternatives to detention" or at open reception centres): UnknownRefugees: UnknownUndocumented Migrants: IncludedAsylum Seekers: UnknownStateless People: Unknown
2021

INTERNATIONAL TREATIES

International Treaties Ratified
Ratification Year
Observation Date
OP ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
2014
2018
OP CRC Communications Procedure
2014
2018
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2011
2011
OPCRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities
2009
2009
CRPD, Convention on the Rights of Persons with Disabilities
2009
2009
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2004
2004
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2004
2004
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1999
1999
ICCPR, International Covenant on Civil and Political Rights
1994
1994
CRC, Convention on the Rights of the Child
1991
1991
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1985
1985
ICESCR, International Covenant on Economic, Social and Cultural Rights
1983
1983
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1975
1975
VCCR, Vienna Convention on Consular Relations
1970
1970
PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
1969
1969
CRSSP, Convention Relating to the Status of Stateless Persons
1960
1960
CRSR, Geneva Convention Relating to the Status of Refugees
1953
1953
Ratio of relevant international treaties ratified
Ratio: 17/19
Treaty Reservations
Reservation Year
Observation Date
CRC Article 2 1991
1991
1991
ICESCR Article 2 1983
1983
1983
Individual Complaints Procedures
Acceptance Year
ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 2008 2014
2014
CRC, [Third] Optional Protocol to the UN Convention on the Rights of the Child establishing a communications procedure, 2011 2014
2014
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance, declaration under article 31 2011
2011
CRPD, Optional Protocol to the Convention on the Rights of Persons with Disabilities 2009
2009
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2004
2004
ICERD, declaration under article 14 of the Convention 2000
2000
CAT, declaration under article 22 of the Convention 1999
1999
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 1994
1994
Ratio of Complaints Procedures Accepted
Observation Date
8/8
8/8
Relevant Recommendations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on Economic, Social and Cultural Rights § 23. The State party strengthen the measures taken to prevent discrimination against migrants, refugees and asylum seekers in the enjoyment of their economic and social rights. It also recommends that the State party ensure the effectiveness of its laws to combat discrimination in the workplace, especially in the private sector, and in access to housing. It further recommends that the State party guarantee a d ecent standard of living for asylum seekers, including in the event of subsequent applications or disciplinary action. In this regard, the State party is referred to the Committee’s statement on duties of States towards refugees and migrants under the Covenant (E/C.12/2017/1), adopted in 2017. 2020
2020
Human Rights Committee § 30. The State party should: (a) Prohibit the detention of migrants, especially families, pregnant women and children, and develop alternatives to detention, in conformity with its obligations under the Covenant and the principles of the best interests of the child and family unity; (b) Adopt legislation on statelessness for the granting of citizenship or residence permits to persons recognized as stateless in the State party. 2019
2019
Committee against Torture § 30: The State party should: (a) Prohibit the detention of migrants, especially families, pregnant women and children, and develop alternatives to detention, in conformity with its obligations under the Covenant and the principles of the best interests of the child and family unity; (b) Adopt legislation on statelessness for the granting of citizenship or residence permits to persons recognized as stateless in the State party. § 32: The State party should take all necessary measures to ensure that an individual assessment is carried out for each case of asylum, deportation or expulsion, with full respect for the principles of non-refoulement and safe third countries, in accordance with its obligations under the Covenant. The State party should also ensure the effective and independent monitoring of deportation operations. § 34: The State party should: (a) Continue its efforts to reduce overcrowding in prisons, including through the use of alternatives to detention, and improve living conditions at detention facilities, pursuant to the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules); (b) Provide for alternatives to the deprivation of liberty of persons with mental disorders at prisons; (c) Ensure implementation of Act No. 2019011569 of 23 March 2019 on the organization of the prison service and the status of prison staff, so as to ensure the minimum staffing levels at prisons, including during strikes. 2019
2019
Committee against Torture 30. The Committee encourages the State party to take into account the following recommendations when amending the Aliens Act as announced during the dialogue: (a) The State party should refrain from placing applicants for international protection in detention at the border and should provide alternatives to detention, including by adopting the royal decree mentioned in the Aliens Act. The State party should use detention only in exceptional circumstances and as a last resort, on the basis of an individual assessment of each case and if other less coercive measures cannot be applied effectively; 2021
2021
Committee against Torture §21 The Committee urges the State party to ensure that the detention of asylum seekers is used only as a last resort and, where necessary, for as short a period as possible and without excessive restrictions. It also urges the State party to establish and use arrangements other than the detention of asylum seekers. 2014
2014
Committee against Torture §14 The Committee invites the State party to take measures to implement the provisions of the Principles Act aimed at establishing an effective, independent complaints mechanism specifically devoted to monitoring and processing complaints in detention centres. The State party should take the necessary measures to ensure that all allegations of misconduct by detention centre and prison staff are duly examined and thoroughly and impartially investigated. 2014
2014
Committee on the Rights of the Child §77 The Committee urges the State party to put an end to the detention ofchildren in closed centres, create alternatives to detention for asylum-seeking families and take the necessary measures to urgently find temporary housing solutions forfamilies whose asylum request has been rejected and who live on the streets. 2010
2010
Committee on the Elimination of Racial Discrimination §17 The Committee,recalling its generalrecommendationNo. 30 (2004) on discrimination against non-citizens, recommends that the State party adopt all necessary measures to use non-custodial measures for asylum-seekers and, when detention is required, that conditions meet international standards. 2008
2008
Committee on the Rights of the Child § 39. "Recalling joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families / No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, the Committee urges the State party to: (a) Develop a legislative framework on undocumented children; (b) Establish status determination procedures to ensure the identification and protection of children in situations of migration, including unaccompanied children and separated children; (c) Develop a standard protocol on age-determination methods that is multidisciplinary, scientifically based, respectful of children ’ s rights and used only in cases of serious doubt about the claimed age, consider documentary or other forms of evidence available and ensure access to effective appeal mechanisms; (d) Integrate the principle of the best interests of the child in legislation and regulations concerning migration, ensure that this principle is given primary consideration in asylum and migration-related procedures, including age and status determination and deportation, and that children ’ s views are duly taken into account therein, and provide support to families with migration backgrounds to prevent family separation; (e) Build the capacity of the authorities to determine and apply the best interests of the child in asylum and migration-related procedures; (f) Ensure that all children in situations of migration, including undocumented and separated children, receive appropriate protection, are informed about their rights in a language they understand, have access to education and health care, including psychosocial support, and are provided with interpretation and free legal aid; and develop comprehensive referral, case management and guardianship frameworks for unaccompanied and separated children; (g) Prohibit immigration detention of children and ensure non-custodial solutions, including foster care and accommodation in specialized open reception centres serviced by trained professionals and providing access to education and psychosocial support, ensure the periodic and independent review of the care and ensure access to complaint procedures... 42. With reference to the Committee ’ s general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin, the Committee recommends that the State party: (a) Develop a uniform protocol on age-determination methods that is multidisciplinary, scientifically-based, respectful of children ’ s rights and used only in cases of serious doubt about the claimed age and in consideration of documentary or other forms of evidence available, and ensure access to effective appeal mechanisms; (b) Effectively investigate cases of abuse with regard to unaccompanied children; (c) Strengthen immediate protection measures for all unaccompanied children, and ensure systematic and timely referral to the guardianship service; (d) Improve the provision of shelter to unaccompanied children, including by ensuring the availability of the youth welfare system and foster care for all unaccompanied children, regardless of their age." § 44. With reference to joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, the Committee reiterates its previous recommendation (CRC/C/BEL/CO/3-4, para. 77) and urges the State party: (a) To put an end to the detention of children in closed centres, and to use non-custodial solutions; (b) To ensure that the best interests of the child are a primary consideration, including in matters relating to asylum and family reunification; (c) To develop and disseminate child-friendly tools to inform asylum-seeking children about their rights and the ways to seek justice. 2019
2019
Committee on the Elimination of Racial Discrimination §20 [...];Recalling its general recommendation No. 30 (2005) on discrimination against non citizens,;the Committee recommends that the State party ensure that non-custodial;measures are used whenever possible and that detention of asylum seekers at borders is used as a measure of last resort.

2014
2014
Committee on the Elimination of Racial Discrimination (unofficial translation from French) 27. The Committee recommends that the State party: (a) Develop reliable indicators to determine the extent to which non-citizens are over-represented in prisons in order to be able to assess the situation and take the necessary measures to remedy any problem in this regard; (b) Take the necessary measures to ensure in practice that irregularly staying migrants can have effective and non-discriminatory access to emergency medical assistance, education, health, housing and to lodge complaints without risk of arrest and forced removal; c) Ensure that non-nationals of nationality outside the European Union can access the labor market and housing without discrimination on the basis of their nationality or origin; d) Develop and implement specific strategies to mitigate the socio-economic effects of the COVID-19 pandemic on migrants, refugees, asylum seekers and stateless persons. (Original in French) 27. Le Comité recommande à l’État partie de: a) De développer des indicateurs fiables afin de déterminer dans quelle mesure les non-ressortissants sont surreprésentés dans le milieu carcérale afin de pouvoir évaluer la situation et prendre des mesures nécessaires pour remédier à tout problème à cet égard; b) De prendre les mesures nécessaires pour garantir dans la pratique que les migrants en séjour irrégulier puissent avoir un accès effectif et sans discrimination à l’aide médicale d’urgence, à l’éducation, à la santé, au logement et à porter plainte sans risque d’arrestation et d’éloignement forcé; c) Veiller à ce que les non-ressortissants de nationalité hors Union européenne puissent accéder au marché de travail et au logement sans discrimination du fait de leur nationalité ou origine ; d) De développer et mettre en œuvre des stratégies spécifiques pour atténuer les effets socioéconomiques de la pandémie de COVID-19 sur les migrants, les réfugiés, les demandeurs d’asile et les apatrides. 2021
2021

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Relevant Recommendations from the UN Universal Periodic Review
Observation Date
Yes 2011
Yes 2016

REGIONAL HUMAN RIGHTS MECHANISMS

Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
ECPT, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment 1991
1991
2017
CATHB, Convention on Action against Trafficking in Human Beings 2009
2009
2017
CPCSE, Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse 2013
2013
2017
ECHRP1, Protocol 1 to the European Convention on Human Rights (amended by protocol 11) 1995
1995
2017
ECHRP7, Protocol 7 to the European Convention on Human Rights (amended by protocol 11) 2012
2012
2017
ECHR, Convention for the Protection of Human Rights and Fundamental Freedoms (commonly known as the European Convention on Human Rights 1955
1955
2017

DETENTION COSTS

Overall Annual Immigration Detention Budget
26,700,000
2011
12,800,000
2006
11,755,000
2005
10,685,000
2005

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS

Foreign Financial Support for Detention Operations
Yes
2017
Yes
2016
Yes
2015
Yes
2014
Description of Foreign Assistance
During the period 2014-2017, Belgium used funds provided through the EU's Asylum, Migration, and Integration Fund (AMIF) for various detention-related activities, including one or more of the following: increased staff at detention facilities; renovation of detention facilities; operational costs of running detention facilities; interpretation and healthcare services; legal assistance for detainees; leisure, cultural and educational activities at detention facilities. Proposed future regulations for this fund include encouraging recipients to consider possible joint use of reception and detention facilities by more than one Member State (see "The Way Forward, p.39).
2017
During the period 2014-2017, Belgium used funds provided through the EU's Asylum, Migration, and Integration Fund (AMIF) for various detention-related activities, including one or more of the following: increased staff at detention facilities; renovation of detention facilities; operational costs of running detention facilities; interpretation and healthcare services; legal assistance for detainees; leisure, cultural and educational activities at detention facilities. Proposed future regulations for this fund include encouraging recipients to consider possible joint use of reception and detention facilities by more than one Member State (see "The Way Forward, p.39).
2016
During the period 2014-2017, Belgium used funds provided through the EU's Asylum, Migration, and Integration Fund (AMIF) for various detention-related activities, including one or more of the following: increased staff at detention facilities; renovation of detention facilities; operational costs of running detention facilities; interpretation and healthcare services; legal assistance for detainees; leisure, cultural and educational activities at detention facilities. Proposed future regulations for this fund include encouraging recipients to consider possible joint use of reception and detention facilities by more than one Member State (see "The Way Forward, p.39).
2015
During the period 2014-2017, Belgium used funds provided through the EU's Asylum, Migration, and Integration Fund (AMIF) for various detention-related activities, including one or more of the following: increased staff at detention facilities; renovation of detention facilities; operational costs of running detention facilities; interpretation and healthcare services; legal assistance for detainees; leisure, cultural and educational activities at detention facilities. Proposed future regulations for this fund include encouraging recipients to consider possible joint use of reception and detention facilities by more than one Member State (see "The Way Forward, p.39).
2014