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. […]
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 […]
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, […]
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 […]
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 […]
Last updated: March 2020
DETENTION STATISTICS
DETAINEE DATA
DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
SOCIO-ECONOMIC DATA & POLLS
MIGRATION-RELATED DETENTION
LEGAL & REGULATORY FRAMEWORK
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
Law of 15 December 1980 regarding the Entry, Residence, Settlement and Removal of Aliens (Aliens Act)
(1980)
2016
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
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)
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
Royal Decree of 8 October 1981 regarding the Entry on the territory, Residence, Settlement and Removal of Aliens
(1981)
GROUNDS FOR MIGRATION-RELATED DETENTION
LENGTH OF MIGRATION-RELATED DETENTION
MIGRATION-RELATED DETENTION INSTITUTIONS
PROCEDURAL STANDARDS & SAFEGUARDS
Types of Non-Custodial Measures (ATDs) Provided in Law
DETENTION MONITORS
Types of Authorised Detention Monitoring Institutions
Interfederal Centre for Equal Opportunities and Opposition to Racism
(National Human Rights Institution (or Ombudsperson) (NHRI))
> 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
COVID-19
HEALTH CARE
COVID-19 DATA
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
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2011
2011
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
Ratio of relevant international treaties ratified
Ratio: 17/19
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
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999
2004
2004
Relevant Recommendations Issued by Treaty Bodies
Recommendation Year
Observation Date
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
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 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 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 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
NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS
REGIONAL HUMAN RIGHTS MECHANISMS
Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
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
ECPT, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment
1991
1991
2017
CPCSE, Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
2013
2013
2017
DETENTION COSTS
OUTSOURCING
FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS
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).
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).
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).
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).
