Investigation launched into Belgium’s non-compliance with asylum rules

The Federal Institute for Human Rights (FIDH) has launched an investigation into "the growing tendency of the Belgian authorities not to implement court rulings against them", it has announced.

The inquiry will focus on rulings handed down by Belgian courts against the authorities between 2014 and 2024 that have not been implemented, namely regarding Belgium’s failure to meet its obligations to provide food and shelter to all asylum seekers.

FIDH said it intended to examine the extent of the problem and its impact, and possibly propose recommendations.

“The federal government systematically refuses to provide asylum seekers with a reception place,” says FIDH.

“Since January 2022, a total of almost 10,000 judgments have been handed down against the Belgian state and not implemented.

"As long ago as 2023, the European Court of Human Rights pointed to the ‘systemic failure’ of the Belgian authorities and its inability to comply with its own legislation."

Also noted were issues regarding verdicts related to overcrowding in prisons and noise pollution at Brussels Airport.

“What is a court decision worth if it is not implemented?” FIDH director Martien Schotsmans said.

“The public authorities have a role to play in setting an example. If they themselves do not respect judicial decisions, this can create a feeling of injustice and a loss of confidence in our democratic system.

"Our mission is to ensure that fundamental rights are respected, so we have decided to carry out an investigation."

The report following the investigation will be sent to the federal parliament after interviews with lawyers and civil society organisations.