Joint Submission for the 71st session of the Committee against Torture on the rights of stateless persons and human rights challenges pertaining to statelessness BELGIUM Introduction 1. NANSEN, 1 the European Network on Statelessness (ENS) 2 and the Institute on Statelessness and Inclusion (ISI) 3 welcome the opportunity to make this joint submission to the Committee against Torture (hereinafter the “Committee”), on the rights of stateless persons and human rights challenges pertaining to statelessness in Belgium. The submission focuses on: I. II. III. Liberty and security of the person and arbitrary detention Deprivation of nationality on national security grounds Statelessness determination and the rights of stateless persons 2. The submission provides additional information ahead of the consideration of Belgium’s fourth periodic report at the Committee’s 71st Session in July 2021, particularly as it relates to and affects stateless people and the right to a nationality, taking into account the list of issues and Belgium’s reply to the list of issues. This submission partially draws on information and analysis from ENS’s Statelessness Index, which covers Belgium.4 3. In light of Belgium’s obligations under the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (hereinafter “Convention against Torture”) and the importance of eradicating statelessness as expressed by UNHCR’s NANSEN is a centre of independent expertise on refugee law based in Brussels. Its mission is to develop and make available quality legal aid for all those in need of international protection so that their fundamental rights are effectively upheld. To achieve this objective, NANSEN combines technical legal expertise with an interdisciplinary approach to asylum. NANSEN was set up in 2017 by a group of lawyers and academics experienced in the field of refugee, human rights, and migration law. For more information about NANSEN, see: https://nansen-refugee.be/en/. 2 The European Network on Statelessness (ENS) is a civil society alliance of NGOs, lawyers, academics, and other independent experts committed to addressing statelessness in Europe. Based in London, it currently has over 170 members in 41 European countries. ENS organises its work around three pillars – law and policy development, awareness-raising, and capacity-building. ENS provides expert advice and support to a range of stakeholders, including governments. For more information about the European Network on Statelessness, see: www.statelessness.eu. 3 The Institute on Statelessness and Inclusion (ISI) is the first and only human rights NGO dedicated to working on statelessness at the global level. ISI’s mission is to promote inclusive societies by realising and protecting everyone’s right to a nationality. The Institute has made over 70 country specific UPR submissions on the human rights of stateless persons, of which over 20 have been submitted in collaboration with the European Network on Statelessness. ISI has also compiled summaries of the key human rights challenges related to statelessness in all countries under review under the 23rd to the 38th UPR Sessions. For more information see: www.institutesi.org. 4 The Statelessness Index on Belgium can be accessed at: https://index.statelessness.eu/country/belgium. 1 1