Statelessness Working Paper Series 2017/04
procedure is lengthy.100 In light of these deficiencies, requiring a statelessness judgment is only further
impeding access to Belgian nationality. Some municipalities also register the child with an
undetermined nationality. It should be noted that in 2016, 5.822 persons were registered as being of
undetermined nationality (excluding asylum seekers, as national statistics do not include persons
registered on the waiting register).101 As there is no obligation for the municipality to ever determine
the nationality of the child, this can become problematic in assessing the child's right to Belgian
nationality, which depends upon recognition of his or her statelessness. Another misapplication of
Article 10 BNC is observed when municipalities consider revoking the child's Belgian nationality under
conditions other than obtaining another nationality. In some circumstances, municipalities also
register the child with the nationality of the parent(s), without ensuring that the child has acquired
such nationality and that the concerned country recognises the child as a national.
For children of asylum seekers, some municipalities automatically do not apply Article 10 BNC but
transfer the responsibility of assessing the stateless status to the Immigration Office. The follow-up
and responsibility of the Immigration Office to undertake such efforts could, however, not be
verified.102 This illustrates how the division of competences between departments can hinder the
application of the safeguard against stateless at birth. For children of illegal migrants, no municipality
grants the Belgian nationality up front, which proves a higher vulnerability of illegal migrant children
to statelessness. The denial of registration of the child is worrisome and underlines the differentiated
treatment in practice towards children born in Belgium to persons in irregular stay, despite Article 10
BNC being silent on a legal residence criteria. Moreover, one municipality mentioned the issuance of
an order to leave the territory, which feeds the fears of repercussions and creates an obstacle to birth
registration.
For children of Palestinian parents not recognised as stateless, no municipalities granted the Belgian
nationality up front, without additional conditions or enquiries. The answers to the questionnaire
reveal additional difficulties for municipalities linked to the lack of understanding of the Palestinian
context. Indeed, a surprising element is the mention by a municipality that Palestine is a recognised
state and that the nationality of the child can be registered as such. Belgium does not recognise
Palestine and statelessness determination judgments exist that recognised the statelessness of
Palestinians. The Nationality Department of the FPS Justice has also already given positive opinions
on statelessness.103 Though the Department explained that some Palestinians do hold the nationality
of another state in which they were born or resided, those that lived in Syria are not granted Syrian
citizenship, as was underlined in the first part of this research.
6.2.2. On Filiation
The survey highlighted the recurrent difficulties to establish the filiation with the father, experienced
by all municipalities who had cases of Syrians, which could put the children at risk of statelessness.
The issues recalled concerned the content of the Syrian legislation applicable to filiation, and the
difficulties with obtaining proof of their civil status (no documents proving the marriage or the
celibacy, or non-legalized documents written in Arabic, thus their authenticity is doubted). One
municipality related that sometimes only the filiation with the mother is mentioned in the birth
certificate. However, the same municipality informed that the registers are consulted in order to verify
the marriage. When applicable, consultation of registers by municipalities to confirm the parents’
marriage could therefore prevent requiring legalised documents proving it.
100UNHCR,
Mapping statelessness (2012), p. 47-64.
Eurostat, Population au 1er janvier par classe d'âge, sexe et nationalité, 2017,
http://ec.europa.eu/eurostat/web/population-demography-migration-projections/population-data/database.
102 Many attempts were made to contact the Immigration Office directly, its specialized department dealing with
administration, and through Immigration Office attachés to the European Migratory Network Belgium Contact Point.
103 Information by Virginie Schira and Valerie Deprez from the Nationality Department of the FPS Justice, August 2 and
August 29, 2016.
101
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