Asylum policy: strict but fair

After the recent spate of sexual assaults and robberies in Cologne and other German cities, German Chancellor Angela Merkel wishes to tighten asylum legislation. Whoever is sentenced, even if only conditional, will no longer be welcome in Germany as an asylum seeker. This judgement is presently only reserved for those sentenced effectively to at least three years. State Secretary for Asylum and Migration Theo Francken points out that policy in Belgium is already stricter than in Germany. "Since last year we have aimed for the most comprehensive interpretation and implementation of the European directive. We are as strict as we are allowed to be," he states.

"There are three valid rules for refusing or cancelling recognition of someone as a refugee," Francken explains. "The first is committing fraud, for example by lying about your nationality or your name. The second is committing crimes of war or crimes against humanity. And a third one is committing crimes that endanger national security or public order." What those crimes specifically include, or how heavily they must be weighted in order to legitimately refusing or cancel recognition has not been specified by the Belgian judicial system. In contrast with Germany, this is determined by the Office of the Commissioner General for Refugees and Stateless Persons, the organisation that also assigns refugee status. Whoever disagrees with this decision can appeal at the Council for Alien Law Litigation. Responsibility does not lie, however, with State Secretary Francken for this decision.

Wanted: role models
Notwithstanding, we must still make it clear to newcomers and asylum seekers that punishable offences are unacceptable here. "If you don't tow the line, you go to a confined centre and your file will be closed," according to Francken. "Then we will send you back to your own country." According to the secretary of state, this concerns a small group of offenders who commit criminal offences. "A large majority of asylum seekers are well-behaved. If you provide a place to sleep for thousands of people, it is only natural that there will be a few 'rotten apples' in the mix who stir up trouble. It is these 'rotten apples' that need to be removed. For example, there is a group of young Afghans that appear harder for us to deal with. Maybe we should start looking for leadership examples or role models within that community at an earlier stage, to set a good example."

"Belgium is an extraordinarily humane country, very hospitable," Francken concludes. "However, those who act out of bounds will encounter strict discipline. Strict, but fair."