The draft law (DOC 56 1267/001) seeks to repeal article 57ter/1 of the 1976 Organic Law on Public Social Welfare Centres, which allows the federal government to activate a mandatory distribution plan for reception places in crisis situations. Introduced in 2013, the plan was designed to ensure a fair distribution of reception responsibilities among municipalities and prevent a disproportionate burden on a few locations. The legal framework, including a 2016 Royal Decree specifying allocation criteria, phasing, exemptions, and sanctions, is fully established but has never been politically activated.

Myria emphasises that the distribution plan is a vital tool for upholding the fundamental rights to human dignity and to reception, as recognised in Belgian, European, and international law. The mechanism provides a legal solution in case of insufficient reception capacity, enabling swift and structured responses to future crises. Both the Council of State and the Constitutional Court have highlighted the constitutional and legal risks of removing such instrument. Myria also notes that concerns of local authorities can be addressed through consultation and cooperation without eliminating the legal mechanism.

Myria highlights that local reception initiatives (ILAs) provide small-scale accommodation that can support the dignified reception of asylum seekers, potentially enhancing residents’ autonomy and resilience. The organisation also notes that ILAs may be more cost-effective than larger collective centres. Past experience suggests that individualised reception can reduce psychosocial stress and security risks compared with extended stays in collective facilities.

For further details, please read the full advice in French or in Dutch below.