Belgium condemned again for not sheltering asylum seekers

The European Court of Human Rights (ECHR) in Strasbourg has ruled that Belgium treated four asylum seekers in a degrading manner and has ordered the state to pay compensation ranging from €5,070 to €12,350.

The four asylum seekers, from Angola, Guinea, China and Cameroon, each submitted an application for international protection following their arrival in Belgium in 2022 or 2023.

However, despite their asylum applications guaranteeing them a right to food, shelter, and hygiene facilities, they were not provided with accommodation.

The four were forced to live on the streets for months - in one case, as long as 338 days.

The four testified that they subsequently found themselves in an extremely precarious situation.

According to the ECHR, the Belgian authorities must be "held responsible for the circumstances in which the individuals concerned found themselves for months on end".

"This included during the winter, when they were living on the streets, without support, without access to sanitation facilities, without any means of meeting their basic needs and in constant fear for their safety."

This is far from the first time that Belgium has been condemned for its failure to meet its legal obligations to asylum seekers, but the state consistently cites the fact that it is experiencing a migration crisis and does not have enough resources to adequately fulfil these duties, choosing to prioritise children, women and families.

Although the ECHR said that it was “aware of the difficult situation faced by the Belgian state”, it also considered that the timeframe within which the Belgian authorities implemented the court decisions cannot be regarded as reasonable.

The court decisions have not been fully implemented, as the penalty payments which Belgium was previously ordered to pay have still not been paid to date.

The judges unanimously concluded that there had been a violation of, in particular, Article 3 of the European Convention on Human Rights, which prohibits degrading treatment. The court also ruled that Belgium had also violated Article 6, which guarantees the right to a fair trial.

In response to the ruling, migration minister Anneleen Van Bossuyt (N-VA) pointed out that the events date back to 2022, “in other words, the previous parliamentary term, of which we were not a part”.

“In the meantime, much-needed reforms have been implemented, ensuring that there are sufficient reception places for those who are entitled to them,” Van Bossuyt added.