International Convention for the Protection of All Persons from Enforced Disappearance
(ICPPED) (see Article 25).
5. Belgium is also party to regional treaties or declarations, including the 1950 European
Convention on Human Rights and Fundamental Freedoms (ECHR) and the European
Social Charter (ESC). It is however not a party to the European Convention on Nationality
nor the 2006 Council of Europe Convention on the Avoidance of Statelessness in Relation
to State Succession.
6. Belgium is a party to the 1954 Convention on the Status of Stateless Persons (1954
Convention) and to the 1961 Convention on the Reduction of Statelessness (1961
Convention).9 However, Belgium has reservations to the 1961 Convention.10 Regarding
Article 2, Belgium considers that the category of “foundlings” concerns children who are
believed to be new-born. Regarding Article 8(3), Belgium reserves the right to deprive a
person of Belgian nationality if it was not acquired by virtue of a Belgian individual on
the date of birth, or was not granted under the Belgian Nationality Code; and also in
cases of fraud in the acquisition of Belgian nationality, violation of duties as a Belgian
citizen, or sentencing of at least five years for a number of criminal offences.
7. In 2012, UNHCR made a number of important recommendations to Belgium as part of
its mapping study on statelessness in Belgium. In 2014, UNHCR issued their Handbook
on Protection of Stateless Persons11 intended to guide government officials, judges and
practitioners, as well as others involved in addressing both statelessness determination
and the development and implementation of law and policies relating to the protection
of stateless persons. UNHCR’s most recent recommendations to Belgium highlight the
need to strengthen the protection of stateless persons, including by granting a
temporary residence permit to applicants pending the statelessness determination
procedure (SDP), a resident permit to recognised stateless persons, and introducing an
SDP in law with full procedural safeguards.12
Stateless Population Data
8. States should collect reliable quantitative and qualitative data on statelessness and
adopt and strengthen measures to count stateless persons on their territory. 13 The
stateless population has never been comprehensively mapped in Belgium, and available
data is fragmented.14 On 1 January 2019, there were 926 people registered as “stateless”
in the national registry including 180 asylum seekers and 746 stateless persons who have
been issued a long-term residence permit (e.g. on grounds of family reunification). On 1
9
The 1954 Convention entered into force in Belgium in 1960 and the 1961 Convention in 2014.
UN Treaty Collections, Status of Treaties, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=V4&chapter=5&clang=_en#EndDec
11 UNHCR, Handbook on Protection of Stateless Persons, 2014
http://www.unhcr.org/uk/protection/statelessness/53b698ab9/handbook-protection-stateless-persons.html
12 UNHCR, Améliorer la protection des réfugiés et des apatrides en Belgique et dans le monde, Mémorandum du HCR, August
2019, available at https://www.unhcr.org/be/wp-content/uploads/sites/46/2019/09/M%C3%A9morandum-2019-HCRAm%C3%A9liorer-la-protection-des-r%C3%A9fugi%C3%A9s-et-des-apatrides-en-Belgique-et-dans-le-monde.pdf
13 Conclusions of the Council of the European Union and the Representatives of the Governments of the Member States on
Statelessness, 4 December 2015, http://www.consilium.europa.eu/en/press/press-releases/2015/12/04/council-adoptsconclusions-on-statelessness/
14 Belgian authorities acknowledge that identification of the nationality may pose an acute problem in some cases. See Office
des Étrangers, Statistiques annuelles 2018, p. 51,
https://dofi.ibz.be/sites/dvzoe/FR/Documents/Statistiques/Statistiques%20sur%20les%20cartes%20et%20documents%202018
%20v3%20FR.pdf
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