FOURTH YEAR OF THE NON-RECEPTION POLICY: MORE THAN 10,000 JUDGEMENTS AGAINST THE BELGIAN STATE AND 3,000 PEOPLE ON THE STREETS

The 2007 Reception Act defines the basic social services that the State must provide to asylum seekers. However, almost 3,000 people seeking international protection are forced to sleep rough, in squats or in makeshift camps in Belgium every month (on average). Men are disproportionately affected, as Fedasil systematically excludes them from the reception network when they claim asylum and places them on a waiting list that has no legal basis.

Several Belgian courts have condemned the State and Fedasil more than 10,000 times over the last three years for failing to comply with national and international legislation on asylum seekers. Even the European Court of Human Rights has denounced the ‘systemic failure’ of the federal authorities.

This is why the report compares the legal provisions with the reality faced by asylum seekers. In particular, the law stipulates the right of access to shelter, food and clothing, health care and psychosocial assistance, as well as legal aid and support for integration. Men seeking international protection in Belgium very often face serious challenges, though.

Since 2021, the reception ‘crisis’ has continued to worsen. If even more restrictive migration policies are put in place, the situation is likely to become critical in the coming months. But instead of providing lasting solutions, the Arizona coalition is now proposing a set of ‘crisis response measures’ that will only exacerbate the violations of fundamental rights. By limiting the number of people seeking asylum, reducing the capacity of the reception network and slashing Fedasil’s budget, these decisions undermine not only those seeking protection, but also the rule of law that Belgium must defend. The normalisation of the non-reception policy is unacceptable.

Solutions are within reach, though. The most effective way of resolving the reception crisis is through a more humane and sustainable asylum and migration policy that strengthens the reception system. This would ensure that people seeking refuge in Belgium can access the protection and care to which they are entitled while promoting a fairer and more inclusive society for all.

We call on the government to respect all judgements about the reception ‘crisis’. This means that:

• Everyone entitled to reception must receive a place; the waiting list must disappear.
• In the meantime, other forms of support should be offered, such as financial assistance from the CPAS/OCMW (public social welfare centres). This has also been suggested by the courts.

• 4th Dashboard (March 2025)
• 3rd Dashboard (June 2024)
• 2nd Dashboard (December 2023)
• 1st Dashboard (May 2023)