European Reintegration Networking

Country report: Belgium

Brussels, January 2003

OCIV Overlegcentrum Integratie van Vluchtelingen
Gaucheretstraat 164
B-1030 Brussel
Tel: 0032-2-2740023
Fax: 0032-2-2010376
katrijn@ociv.org
www.ociv.org 

Verfasser/in: Katrijn Pauwels

Return, migration and development

The return policy is one of the three pillars of the present Belgian government, in addition to asylum reform and a regularization campaign.

We distinguish three terms, namely, independent return (1), voluntary return (2) and migration and development (3). Independent return (1) is understood as the return of rejected asylum seekers that is not organized by the public authorities and that can be supported by the International Organization for Migration (IOM) or a non governmental organization (NGO). Voluntary return (2) is understood as the return of aliens who may still stay in Belgium but nevertheless decide to leave. Migration and development (3) applies to programmes and projects in which migrants are supported in order to contribute to the development of their country of origin, whether or not by a return.

Figures of the Ministry of the Interior show that in 2001 14,977 persons returned, compared with 12,265 in 2000 and 9,234 in 1999. That number can be split into four categories : 1. ‘Repatriëringen’ (‘repatriations’ or ‘forced returns’) (5,722 persons): illegal residents who are arrested and brought to their country of origin, possibly after confinement in a closed centre. 2. ‘Terugdrijvingen’ (‘removals’) (5,350 persons): persons who are immediately stopped at the border (in an airport) and put on the airplane; 3. ‘Grensleidingen’ (‘forced returns to the border’) (272): persons who are sent across the border to the neighbouring country where they came from; 4. ‘Zelfstandige terugkeren’ (‘independent returns’) (3,633) of rejected asylum seekers.

According to the Belgian Aliens Law, aliens having a valid Belgian residence permit who leave Belgium have the right, for one year, to come back to Belgium.

With a view to more, and better return, and particularly reintegration support, a Centre for Voluntary Return and Development (CVRD) was established in May 2001. The target group of the CVRD are aliens who are intending to return to the country of origin or to emigrate to a third country, namely:

• Asylum seekers who have withdrawn their asylum application;
• Asylum seekers to whom refugee status has been refused;
• Other foreign nationals, who may be at the charge of the authorities.

The CVRD serves as a consultation platform among the ministries concerned (Social Integration, Foreign Affairs, the Interior, Development Cooperation), NGOs, reception centres, local authorities and IOM. The purpose is to consult on the development and implementation of new projects with regard to independent return and development. Two major priorities are being distinguished: the improvement of the quality of the general return programme REAB (Return and Emigration of Asylum Seekers ex Belgium) and the extension of reintegration and development activities.

IOM is currently implementing two return programmes: a general programme (REAB) and a specific one, particularly for nationals from Slovakia.

By government order, and in cooperation with operational partners, IOM arranges the departure and gives both financial and material assistance.

Slovak returnees are received by IOM in the airport of Slovakia. If necessary they are brought to their final destination. For three months after return, IOM provides support that is tailored to the individual person. 

There are four NGOs implementing migration and development programmes.

OCIV (Entrepreneur Programme) and CIRE (Migr’actions Programme) support migrants who want to start a small business in the region of origin. The programmes offer orientation and counselling, training, financial support at the start of the business (subsidy or loan) and a local partner in the country of origin for counselling regarding the starting and the development of the business.

The Collectif des Femmes (Ici et Là-bas programme) and YWCA (MWASI project) offer brief business training in order to promote (re-)integration (in Belgium or the country of origin) and development.

At the moment, IOM is the only player in the field of independent return. This type of return is being financed by the Minister for Social Integration. The previous State Secretary for Development Cooperation subsidized OCIV and CIRE as well in order to make an independent return offer, but the present State Secretary no longer wants to support the return of asylum seekers. He does not want to respond to an internal problem, a problem of the Minister of the Interior, but only wants to stimulate actions that are relevant to development. One thing does not have to exclude the other – return projects for asylum seekers may also be relevant to development, for instance to the extent that return projects are also valuable for the countries of origin. Therefore, the original return projects of OCIV and CIRE had to become migration and development projects.

The general return programme run by IOM is undoubtedly useful as an alternative for deportations. It gives rejected asylum seekers the chance to organize their return themselves. Moreover the programme addresses a larger group of persons, so that nearly every alien who must actually leave Belgium can count on basic support.

The return grant, which serves to encourage independent return, may contribute to the perspectives for the future of returnees. Candidate returnees, having an order to leave the territory, are also granted social benefits for one extra month.

The specific IOM programme for Slovaks is also valuable: 

• It does not only facilitate return but also reintegration;
• It pays attention to the specific needs of the Roma minority in Slovakia, which is also the major target group of the programme (Roma gypsies);
• The authorities of Slovakia are also called to account;
• IOM co-operates with local NGOs.

For both programmes IOM co-operates with NGOs in Belgium, who may pay a grant.

• From a humanitarian point of view we are convinced that aliens who may only choose between return or illegal residence, or between forced expulsion or obedient return, should be supported and counselled.
• The Belgian return policy should be even more aimed at independent return, since this type of return is the most preferable option.
• Asylum seekers should receive more, and better counselling on the possibility of independent return.
• Monitoring of asylum seekers who have returned to the country of origin should be provided.
• New investments in feasibility research and pilot projects are also necessary, in order to effectively support the reintegration. The target groups should be involved in the development and implementation of these projects.
• Better aid projects and economic and social reintegration upon return should be stressed.
• Aid projects should be comprehensive: (candidate) returnees as well as nationals in the countries of origin should be involved.
• The projects should contribute to the development, reconstruction… of the countries of origin.
• Development co-operation remains more than necessary, in order to prevent migrations in the long term!
• An adjustment of the intimidating and repressive expulsion policy to a comprehensive return policy is urgent, all the more since deportations are more expensive than independent departures. The budgets for repatriations may be used for constructive return projects in the countries of origin.

In April 2002 the European Commission proposed a Green Paper on return. The independent return option is hardly elaborated in the paper and no distinction is made between independent return and involuntary or forced return. However, this distinction is relevant to potential returnees. Like the national authorities, the Commission also motivates repatriations by their signal effect on potential, future (asylum) migrants. 

We think that independent return must always have priority over forced return. The conclusion is that forced return should not be carried out unless independent return has been attempted first. In all phases, independent return should be put first and kept open as a possibility.

The return consists of three phases: 1) the preparation in the host country; 2) the return trip and 3) the reintegration.

Let us propose some basic conditions for the return of rejected asylum seekers and illegal residents. Four starting points: 1) countries of origin must have an interest in receiving rejected asylum seekers and illegal residents back; 2) safety; 3) dignity and 4) perspectives for the future.

1. Return in safety

A rejected asylum seeker cannot automatically be compelled to return. He must be able to return in safety. In several cases the safety of a returning asylum seeker is not sure: for example, where the asylum procedure has not definitively ended yet, or the asylum application has not been correctly dealt with, the asylum seeker needs subsidiary protection.

In the eyes of the UNHCR, a return is considered safe if the following conditions are met: 1) legal safety (for instance amnesty, public assurances of personal safety, integrity, non-discrimination and freedom from fear of persecution or punishment upon return); 2) physical safety (including protection from armed attacks and mine explosions) and 3) material security (access to land or means of livelihood). We think that these conditions should apply to the return of asylum seekers and refugees, rejected asylum seekers and illegal residents. Moreover, we stress that the safety must be judged on the basis of current, accurate and verifiable information.

2. Return with dignity

The UNHCR states the following conditions: 1) returnees must be treated without violence; 2) no conditions may be imposed on the repatriation (the right to return to his own country is a universal right (enshrined in the Universal Declaration of Human Rights); besides, we think that conditions that limit fundamental rights and conditions that do not apply for the local nationals as well can not be imposed); 3) returnees must be allowed sufficient time to return; 4) returnees may not arbitrarily be separated from family members; 5) returnees must be treated with respect by their national authorities and 6) the rights of returnees must be fully recognised by their home country. Again, these conditions should apply to the return of asylum seekers and refugees, rejected asylum seekers and illegal residents.

We also believe that dignity is in danger by: 1) a condemnatory interpretation of the concept of ‘rejected’ (asylum seeker); 2) a constantly threatening forced return; 3) the failure to take account of the psychological and social aspects of asylum and return issues. We think that rejected asylum seekers must be positively approached and return policies must be clear.

3. Humanitarian and other situations in which return is impossible

In addition, return is not possible in following cases: 1) family situation; a family can not be separated on return (European Convention on Human Rights), the interest of the child must be at the centre in case of return of children; 2) medical situation: return is not possible if one of the family members is receiving medical treatment that cannot be interrupted, pregnant women can not return from the 28th week and up to 3 months after delivery; 3) marriage with a legal resident; 4) diverse humanitarian situations;5) unaccompanied minors, unless strict conditions and 6) administrative impossibility of removal.

4. Return with perspectives for the future

Apart from safety and dignity, realistic material conditions must be met. Training can offer returnees realistic prospects. Again, accurate and reliable information on the social and economic situation in the country of origin and on the opportunities for individual reintegration is necessary.