European Pact on Asylum and Migration: Challenges for Stateless Persons in Belgium
The European Pact on Asylum and Migration, adopted in May 2024, introduces binding obligations for EU Member States, including Belgium, on the identification and protection of stateless persons. The Nansen report highlights the specific challenges faced by stateless persons in Belgium and offers key recommendations to ensure their effective access to international protection.
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This document outlines the challenges linked to implementing the European Pact on Asylum and Migration, with a focus on stateless persons. Its aim is to raise awareness among public authorities and asylum sector professionals about the Pact’s provisions affecting stateless people.
Here are the recommendations made at the policy level:
- Consult UNHCR during legislative processes: Belgian authorities should systematically inform and consult UNHCR and relevant experts when implementing measures under the EU Pact to ensure alignment with international standards.
- Ensure access to statelessness determination procedures: Authorities should put in place mechanisms to detect potential statelessness early on, particularly during the screening process, and ensure individuals are referred to appropriate determination procedures.
- Guarantee effective procedural safeguards and quality legal assistance: Given the complexity of statelessness cases, Belgium must uphold strong procedural guarantees, including the right to a personal hearing, suspensive appeals, and special procedural needs.
- Respect Article 3 ECHR and the principle of non-refoulement: Authorities must ensure full compliance with international human rights law, including the non-refoulement principle.
- Adopt a holistic vulnerability approach: Belgium should strengthen mechanisms for early and continuous identification of vulnerabilities, drawing on UNHCR guidance. Statelessness must be recognised as a vulnerability factor.
- Prioritise the best interests of the child: Belgian authorities should identify and record the nationality or potential statelessness of each family member, especially in cases where children may be stateless despite a parent having a nationality.
Here are the recommendations made at the operational level:
- Ensure regular training and effective tools: Belgium should develop regular, high-quality training programmes for all actors involved in implementing the Pact, including border guards, reception staff, legal professionals, and civil society. These should cover the identification and referral of potential stateless persons and comply with international standards.
- Guarantee effective access to quality legal information: Belgian authorities should collaborate with UNHCR, partners, and affected communities to develop clear, accessible legal information tools for stateless persons and those with undetermined nationality.
- Ensure reliable and disaggregated data collection: Belgian authorities should collect transparent, high-quality, and disaggregated data on stateless persons throughout the implementation of the Pact.
- Integrate statelessness into international protection procedures: Belgian authorities should ensure that potential or confirmed statelessness is duly considered during asylum procedures—both regular and at the border. Statelessness may constitute persecution or serious harm.
For further details, please read the document attached above.