belgiquelex.be - Carrefour Bank of Legislation

12 JANVIER 2007. - Act respecting the reception of asylum seekers and certain other categories of foreigners (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
LIVRE I^er. - DEFINITIONS,
GENERAL PRINCIPLES AND PAPLICATION CHAMP
PART I^er. - Definitions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
It partially transposes Directive 2003/9/EC of the Council of the European Union of 27 January 2003 on minimum standards for the reception of asylum seekers in the Member States.
Art. 2. For the purposes of this Act, it shall be understood by:
1° the asylum seeker: the foreigner who has applied for asylum, with the objective of either the recognition of refugee status or the granting of subsidiary protection status;
2° the recipient of the reception: the claimant, as defined in 1° and any alien to whom the benefit of this Act is extended by one of its provisions;
3° the minor: a person under 18 years of age;
4° the unaccompanied minor: a person under the age of eighteen years not accompanied at the time of his or her entry into the territory of the Kingdom or ceased to be accompanied thereafter by a person exercising parental or guardianship authority over him or her under the law applicable in accordance with section 35 of the Act of 16 July 2004 bearing the Code of Private International Law, and in one of the following situations:
- either, having applied for asylum within the meaning of 1°;
- not satisfy the conditions of access to the territory and residence determined by the laws on access to the territory, residence, establishment and removal of aliens;
5° the family members of the claimant: to the extent that the family was already founded in the country of origin and if they are present in the territory of the Kingdom because of the asylum application:
(i) the spouse of the claimant, or his or her unmarried partner with which (whether) he or she has a stable relationship;
(ii) minor children of the couple of the claimant referred to in (i) or the claimant, provided that they are unmarried and dependant, without discrimination on the basis that they are born from marriage, out of wedlock or adopted.
6° material assistance: the assistance provided by the Agency or the partner within a welcoming structure, including accommodation, meals, clothing, medical, social and psychological support and the granting of a daily allowance. It also includes access to legal aid, access to services such as Interpretation and Training and access to a voluntary return program;
7° the Minister: the Minister who has the Social Integration in his or her powers, and the Minister reports to the Agency;
8° the Agency: the Federal Agency for the reception of asylum seekers;
9° the partner: the legal entity of public or private law charged by the Agency and at the expense of the Agency, to provide material assistance to the recipient of the reception in accordance with the provisions of this Act;
10° the host structure: the community or individual structure within which material assistance is provided to the host recipient, whether managed by the Agency or a partner;
11° the Director General: the Director General of the Agency.
PART II. - General principles
Art. 3. Every asylum-seeker has the right to a welcome to enable him to live in conformity with human dignity.
By reception, material assistance is provided in accordance with this Act or social assistance provided by public social action centres in accordance with the Act of 8 July 1976 of the Social Action Centres.
Art. 4. The Agency's or partner's decisions on the granting of material assistance may not have regard to the claimant's failure to comply with its procedural obligations under its asylum procedure, nor can they have an influence on the treatment of the claimant.
Art. 5. Without prejudice to Book III, Title III relating to the measures of order and sanctions, the benefit of the material assistance described in this Act shall not be subject to any deletion.
PART III. - Scope of application
CHAPTER I^er. - Physical aid
Art. 6. § 1^er. The benefit of material assistance shall apply to any asylum seeker upon the introduction of his or her asylum application and shall produce its effects throughout the asylum procedure, including during the appeal brought before the Council of the Litigation of Foreigners on the basis of Article 39/2, § 1^erof the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens. The benefit of material assistance also applies during the appeal for administrative cassation brought before the Council of State on the basis of Article 20, § 2, paragraph 3, of the laws on the Council of State, coordinated on 12 January 1973.
The benefit of material assistance is maintained within the time limits to bring the remedies referred to in the preceding paragraph.
The benefit of material assistance also applies to members of the claimant's family.
§ 2. The benefit of material assistance shall also apply to persons referred to in section 60 of this Act.
Art. 7. The benefit of material assistance is extended when the foreigner residing in a welcoming structure is in one of the following situations:
1° the foreigner whose asylum procedure and the procedure before the Council of State have closed negatively, and who, for medical reasons certified and substantiated by an application for permission to stay introduced on the basis of article 9ter of the law of 15 December 1980 referred to above, cannot follow the order to leave the territory which was notified to him;
2° the foreigner whose asylum procedure and the procedure before the Council of State has closed negatively, and who, for reasons of force majeure, other than medical reasons, confirmed by the competent authorities in the field of asylum and immigration, cannot follow the order to leave the territory which has been notified to him;
3° the alien whose asylum procedure and the procedure before the Council of State have been terminated negatively, and who has a member of his family or a person exercising parental authority or guardianship over him under the law applicable in accordance with article 35 of the law of 16 July 2004 bearing the Code of Private International Law, which enters the scope of application of this Act;
4° the foreigner whose asylum procedure and procedure before the Council of State ended negatively and who signed a voluntary return pledge, until his departure, unless that departure is postponed because of his only behaviour.
CHAPTER II. - Social assistance provided by public social action centres in accordance with the Act of 8 July 1976 of the public social action centres
Art. 8. § 1^er. Social assistance is granted by public social action centres when the designation of a host structure ends under Article 11, § 1^er, or where the recipient has been granted a temporary protection status pursuant to section 10, 3 or 4°.
§ 2. With the exception of Book II, this Act is not applicable to the grant of social assistance to the host recipient as referred to in § 1^er.
LIVRE II. - PROVISIONS RELATING TO THE DETERMINATION OF THE COMPETENT AUTHORITY FOR THE GRANTING
PART I^er. - Designation of a mandatory place of registration
Art. 9. The reception as referred to in Article 3 is granted by the host structure or the public social action centre designated as a mandatory place of registration.
Art. 10. The Agency is a mandatory place of registration for foreigners:
1° that entered the Kingdom without meeting the conditions set out in section 2 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens and filed an application for asylum;
2° that filed an application for asylum after the expiry of their residence permit;
3° that belong to the categories of persons designated by a Royal Decree deliberated in the Council of Ministers under special measures for the temporary protection of persons;
4° that are allowed to stay in the Kingdom on the basis of Article 57/30, § 1^er, or section 57/34 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens.
Art. 11. § 1^er. To asylum seekers referred to in Article 10, 1 and 2°, a host structure is designated as a mandatory place of registration:
1° until the Commissioner-General for Refugees and Stateless Persons or one of his assistants made a final decision on their asylum application;
2° as long as the Foreign Litigation Council has not taken a decision on the appeal against the decision of the Commissioner-General for Refugees and Stateless Persons or one of his deputy or, in the absence of a remedy, until the expiry of the time limit to introduce it.
A new obligatory place of registration may be designated if the decision referred to in the preceding paragraph, 1° and 2°, is not taken within a time limit set by Royal Decree deliberated in the Council of Ministers, following the assessment of the procedure for the examination of asylum applications.
By derogation from the preceding paragraphs, the designation referred to in paragraph 1^er is, however, maintained for asylum seekers referred to in Article 10, 1 and 2° who have received notification before the expiry of the period referred to in the preceding paragraph of a judgment of the Council of the Litigation of Foreigners against which they have lodged an appeal in administrative cassation before the Council of State.
§ 2. To foreigners referred to in Article 10, 3° and 4°, is designated as a compulsory place of registration, a public center of social action which gives them the social assistance to which they can claim according to the law of July 8, 1976 organic of the public centers of social action.
§ 3. When designating a mandatory place of registration, the Agency ensures that this place is adapted to the recipient of the reception within the limits of the available places.
It takes into account:
1° when appointing a compulsory place of registration under § 1^erthe degree of occupancy of reception structures;
2° when the designation of a compulsory place of registration under § 1^er, 2° sub-paragraph and § 2 of a harmonious distribution between the municipalities according to criteria established by a royal decree deliberated in the Council of Ministers.
The assessment of the appropriateness of this place is based in particular on criteria such as the family composition of the host recipient, its state of health, its knowledge of one of the national languages or the language of the procedure. In this context, the Agency pays particular attention to the situation of vulnerable persons referred to in section 36.
In special circumstances, the Agency may waive the provisions of § 1^er by not designating a mandatory place of registration.
PART II. - Modification of the mandatory place of registration
Art. 12. § 1^er. The asylum seeker whose place of registration, designated under Article 11, § 1^er, is a community hosting structure may ask, after having resided there for four months, that this place be modified in favor of an individual hosting structure, within the limits of available places.
The amendment of the mandatory place of registration may not be requested if the four-month period is reached after the notification of the decision to reject the Council of the Litigation of Foreigners, unless the asylum seeker has filed an administrative cassation appeal which has been the subject of an eligibility order, pursuant to Article 20, § 3, of the laws on the Coordinated State Council on 12 January 1973.
§ 2. Pursuant to Article 11, § 3, paragraph 3, the Agency may initiate or at the request of the partner or claimant, amend the mandatory place of registration designated under Article 11, § 1^er.
When this amendment is considered by the Agency for reasons of family unity, the consent of the claimant is required beforehand.
The King sets out the procedure for the amendment referred to in paragraph 1^er.
§ 3. The mandatory place of registration, designated under Article 11, § 1^er, may also be amended pursuant to a measure of order or sanction taken in accordance with section 44 or 45.
PART III. - Removal of the mandatory place of registration
Art. 13. The Agency may remove the mandatory place of registration designated in accordance with the preceding sections in particular circumstances.
The King sets the procedure for deletion.
LIVRE III. - PROVISIONS RELATING TO THE MATERIAL AID OCTROYE TO BENEFICIARIES OF ACCOME
PART I^er. - Rights and obligations of recipients of the reception
CHAPTER I^er. - General provisions
Section 1^re. - Information
Art. 14. At the time of the designation of the mandatory place of registration, the Agency shall issue to the claimant of asylum an information brochure written, to the extent possible, in a language that it understands and describes, inter alia, its rights and obligations as described in this Act or in the Act of 8 July 1976 of the public social action centres, as well as the coordinates of the competent bodies and associations that may provide them with medical, social and legal assistance.
This information is supplemented upon the arrival of the claimant in the host structure that is designated to him by providing him with the rules of procedure of the host structure referred to in section 19.
Art. 15. The Agency or partner shall ensure that the host recipient has access to interpretation and social translation services as part of the exercise of the rights and obligations described in this Act.
The Agency or partner may enter into agreements with services or organizations specialized in interpreting and social translation.
Section II. - Accommodation
Art. 16. The host recipient is housed in a community or individual host structure.
Art. 17. The King defines the standards to which hospitality structures must meet both in qualitative terms and in terms of infrastructure as well as the Agency's compliance with these standards.
Art. 18. By derogation from sections 20 and 21 as well as sections 30 to 35, the host recipient may, where the normally available accommodation capacity is temporarily exhausted, be accommodated in an emergency accommodation structure. In this case it has limited social support.
In any case, the stay in such a structure cannot exceed ten days and the basic needs of the host recipient are met. These include all necessary assistance, including food, housing, access to health facilities and medical support as described in sections 23 to 29.
Art. 19. The King determines the regime and operating rules applicable to reception structures. A rules of procedure established by the Minister shall determine the terms and conditions of the exercise. It is ensured to the good and complete understanding of it by the host recipient.
Art. 20. During his stay in a welcoming structure, the recipient of the reception has the right to respect his or her privacy and family, to respect his or her convictions, to participate in the organization of community life within the welcoming structure, to communicate with his or her family, counsel, representatives of the Office of the United Nations High Commissioner for Refugees and associations intended to welcome foreigners and defend their rights.
Material assistance is organized in accordance with the principle of neutrality towards the philosophical and religious convictions of the recipients of the reception within the reception structure.
Art. 21. The legal advisers of the recipients of the reception, the representatives of the United Nations High Commissioner for Refugees and the NGOs acting on his behalf have access to the host community structures, in order to assist the recipients of the reception.
The King may impose limits on this access solely for the security of community reception facilities and premises as well as host recipients.
In the community hosting structure, it is planned to provide a location for interviews that are conducted in a confidential manner.
Section III. - Evaluation
Art. 22. § 1^er. Within thirty days after the designation of the mandatory place of registration, the individual situation of the host recipient is examined to determine whether the host meets its specific needs. If it appears that this is not the case, a modification of the mandatory place of registration may be made.
§ 2. To this end, the examination of the individual situation of the host recipient includes, inter alia, the undetectable signs of a possible vulnerability such as that of persons who have suffered torture or other serious forms of psychological, physical or sexual violence.
§ 3. The evaluation of the individual situation of the host recipient continues throughout his stay within the host structure.
§ 4. The King sets out the terms of this assessment.
Section IV. - Medical support,
psychological, social and legal assistance
Sub-section 1^re. - Medical support
Art. 23. The recipient of the reception is entitled to the necessary medical support to lead a life in accordance with human dignity.
Art. 24. Medical assistance means medical assistance and care, whether taken up in the nomenclature as provided for in section 35 of the Compulsory Health Care Insurance Act and Coordinated Allowances Act on 14 July 1994 or that they are part of daily life.
The King determines, by order deliberately in the Council of Ministers, on the one hand, the medical assistance and care that, although taken up in the above-mentioned nomenclature, are not insured to the recipient of the reception in that they appear as manifestly unnecessary, and on the other hand, the medical assistance and care relevant to everyday life and that although not taken up in the aforementioned nomenclature are insured to the beneficiary of the daily life.
Art. 25. § 1^er. The Agency is competent to provide medical support referred to in section 23 for the benefit of the host recipient, regardless of the host structure in which it is hosted, except that managed by the partner referred to in section 64.
§ 2. To this end, each host structure guarantees the recipient of the reception the effective access to medical support.
§ 3. This accompaniment is issued under the responsibility of a doctor who retains his professional independence from the director or the manager of the said structure.
§ 4. A claimant who does not reside in the host structure that has been designated as a mandatory place of registration may be provided with medical assistance provided by the Agency.
§ 5. The recipient of the reception may lodge an appeal with the Agency against a decision by the doctor of the reception structure relating to the granting of medical assistance that is not considered necessary to lead a life in accordance with human dignity, in accordance with section 47.
Art. 26. The Agency or partner may, in accordance with the terms defined by the King, enter into agreements with health-care institutions with a view to setting the conditions for reimbursement of medical, pharmaceutical and other costs resulting from the care provided to the recipient of the reception.
Art. 27. A unique medical record is maintained and maintained within the community hosting structure designated as a mandatory place of registration.
In the event of the designation of the mandatory place of registration in accordance with Article 11, § 2, and the modification of the mandatory place of registration in accordance with Article 12, this file shall be transmitted to the new designated place.
Art. 28. If the health status of the host recipient justifies it and on the advice of the attending physician, the Agency may modify or delete its mandatory place of registration, in accordance with sections 12 and 13.
Art. 29. The recipient may be subject to compulsory medical examination on public health grounds.
Sub-section II. - Psychological support
Art. 30. The necessary psychological support is provided to the host recipient.
To this end, the Agency or partner may conclude, in accordance with the terms defined by the King, agreements with specialized agencies and institutions.
Sub-section III. - Social support
Art. 31. § 1^er. The host recipient is entitled to an individualized and permanent social support provided by a social worker throughout his stay in the reception structure.
To this end, each host structure guarantees the recipient of the reception an effective access to a social service and designates him a reference social worker.
§ 2. Social support includes informing the recipient of the reception on access and the terms and conditions of material assistance, on daily life within a host structure, on the activities to which he has access, on the stages of the asylum procedure, including possible legal remedies, and the consequences of the acts he poses in this matter, as well as on the content and interest of voluntary return programs. It is also to accompany the recipient of the reception in the execution of administrative acts, including those carried out in the context of the transition from material assistance to social assistance provided by public social action centres.
§ 3. The tasks of the social worker include helping the host recipient to overcome and improve the critical situations in which he or she is located. To this end, the social worker provides documentation, advice and social guidance to the interested party, if any, by directing it to external services. The missions of the social worker also include the assessment of the specific needs of the host recipient and, where appropriate, the proposal to amend the mandatory place of registration.
The King determines the qualifications of the social worker.
Art. 32. A social file, to which the recipient has access, is constituted and maintained by the social worker.
In the event of the designation of the mandatory place of registration in accordance with Article 11, § 2, and the modification of the mandatory place of registration in accordance with Article 12, this file shall be transmitted to the new designated place.
A copy of the social file is given to the recipient of the reception, when the recipient applies.
Sub-section IV. - Legal aid
Art. 33. The Agency or partner shall ensure that the recipient of the reception has effective access to first and second line legal aid, as referred to in sections 508/1 to 508/23 of the Judicial Code.
To this end, the Agency or partner may enter into agreements with associations intended to defend the rights of foreigners or with legal aid offices.
Section V - Daily Allowance and Community Services
Art. 34. The host recipient residing in a host structure is entitled to a daily allowance.
The Agency or partner organizes, for reception facilities, the payment of a daily allowance fixed per week per person.
The Agency or partner also organizes the provision of community services by the recipients of the reception in community structures, without prejudice to the possibility for the recipients of the reception to exercise volunteering in accordance with the Act of July 3, 2005 on the rights of volunteers.
Community service means any benefit made by the host recipient in the community structure, for the benefit of the host community resident in the community or carried out in the course of an activity, organized by the aforementioned structure or for which the host is a partner, which contributes to its integration into its local environment and for which it may be paid an increase in its daily allowance.
The delivery of community service is not considered a work contract or a work benefit; the award of a higher daily allowance is also not considered a remuneration.
The increase in a daily allowance paid to the host recipient is calculated on the basis of a flat rate set by the community hosting structure and varies according to the type of benefit. This flat rate is previously approved by the Agency. The benefits are carried out on a voluntary basis by the recipients of the reception under the supervision of a staff member of the community hosting structure who has been designated for this purpose by its hierarchy and who will ensure that the recipients of the reception have the opportunity to participate on a fair basis in these benefits. The identity of these staff members is communicated to the Agency.
The King sets out the amounts for the daily allowance and the maximum monthly amount of their increase based on the community services presumed as well as the conditions under which these community services are performed.
Section VI. - Training
Art. 35. Without prejudice to the rules governing access to vocational training, courses and training organized by the host structure or by third parties are offered to the host recipient.
CHAPTER II. - Specific provisions
for vulnerable persons and minors
Section 1^re. - General provisions
Art. 36. In order to meet the specific needs of vulnerable persons such as minors, unaccompanied minors, isolated parents accompanied by minors, pregnant women, persons with disabilities, victims of trafficking in human beings, victims of violence or torture or the elderly, the Agency or the partner concludes conventions with specialized agencies or associations.
In the case that the host recipient is accommodated in one of these institutions or associations, the Agency or partner will ensure that administrative and social follow-up with the designated place of registration is ensured and that the benefit of material assistance is guaranteed.
Section II. - Minors
Art. 37. In all decisions concerning the minor, the best interest of the minor is premium.
Art. 38. The minor is housed with his or her parents or with the person exercising parental authority or guardianship under the law applicable in accordance with section 35 of the Act of 16 July 2004 on the Code of Private International Law.
Art. 39. Minors who are victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman and degrading treatment or armed conflict are entitled to qualified support and access to mental health care and rehabilitation services.
Art. 40. An appropriate supervision is provided to unaccompanied minors during an observation and orientation phase in a designated centre for this purpose.
The King determines the regime and operating rules applicable to observation and guidance centres.
Art. 41. § 1^er. An observation and orientation centre welcomes unaccompanied minors who do not have access to the territory under Article 3 or Article 52, § 1^er, of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens pending the possible execution of the decision of refoulement. This centre is in such a case assimilated to a specific location located at the borders.
§ 2. The foreigner who claims to be a minor and about whom there is no doubt about his minority is welcomed in an observation and orientation centre upon his arrival at the border.
For the foreigner who claims to be a minor and about which the border control authorities issue a doubt about his minority, the determination of age must take place within three working days of his arrival at the border. When this review cannot be conducted due to unforeseen circumstances beyond this period, it may be extended exceptionally by three working days.
§ 3. The unaccompanied minor is accommodated in an observation and orientation centre within a maximum of twenty-four hours, i.e. the arrival at the border for the minor referred to in § 2, paragraph 1^erthe notification of the decision on the determination of the age to the person concerned for the minor referred to in paragraph 2, paragraph 2, for a period of up to fifteen days that may be extended by five days in the event of exceptional circumstances duly motivated.
During the period referred to in the preceding paragraph, the minor is not considered to have been authorized to enter the kingdom.
§ 4. The decision on the determination of age shall be notified to the guardian and the competent authorities in respect of asylum, access to the territory, residence and removal of aliens at the same time as his notification to the person concerned.
§ 5. If the refoulement decision cannot be executed within the 15-day period referred to in § 3, the unaccompanied minor is allowed to enter the territory.
Art. 42. Staff in reception facilities for unaccompanied minors receive appropriate training.
PART II. - From the transition of material aid
social assistance granted by public social action centres
Art. 43. When one of the assumptions referred to in Article 8, § 1^er, is met, social assistance is granted by public social action centres in accordance with the organic law of 8 July 1976 of public social action centres.
As part of the transition from material assistance to social assistance provided by public social action centres, the King sets out the conditions for the maintenance of material assistance notwithstanding the situation referred to in the preceding paragraph, as well as the modalities for collaboration between the reception structure and the public social action centre to guarantee the recipient of the reception continuity of the reception.
PART III. - Measures of order and sanctions
CHAPTER I^er. - Policy measures
Art. 44. In order to guarantee and, if necessary, restore order, security and tranquility in the reception structure, internal measures can be taken.
The King sets out the measures that may be taken against a resident, the applicable rules of procedure and the authority authorized to take them.
CHAPTER II. - Sanctions
Art. 45. The host recipient may be punished in the event of a serious breach of the regime and operating rules applicable to the hospitality structures referred to in section 19. When choosing the sanction, it is taken into account the nature and importance of the breach and the concrete circumstances in which it was committed.
Only the following sanctions may be imposed:
1° the formal warning with reference in the social record referred to in section 32;
2° the temporary exclusion of participation in activities organized by the host structure;
3° the temporary exclusion of the possibility of performing paid benefits of community services, as referred to in section 34;
4° the restriction of access to certain services;
5° the obligation to perform general duties, whose non-performance or failing performance may be considered a new breach;
6° the transfer, without delay, from the host recipient to another host structure.
Sanctions are imposed by the Director or Head of the Host Structure.
Sanctions may be reduced or lifted during their execution by the authority that imposed them.
The decision to impose a sanction is taken in an objective and impartial manner and is the subject of motivation.
In no case may the enforcement of a sanction be the result of the complete removal of the marine aid granted under this Act or the reduction of access to medical assistance.
The King determines the rules of procedure applicable to the treatment of sanctions.
CHAPTER III. - Complaints and remedies
Art. 46. The host recipient is directed to the Director or the host structure manager in case of complaints related to:
- living conditions within the host structure
- the application of the rules of procedure referred to in section 19 of this Act.
If the complaint is not processed within 7 days of the communication of the complaint, the recipient of the complaint may make a written complaint to the Director General of the Agency, or to the person designated to that effect by the partner and approved by the Agency. The Director General of the Agency, or the person designated by the partner, responds to this complaint within 30 days.
The King determines the procedural rules for handling complaints.
Art. 47. § 1^er. The recipient of the reception housed in a reception structure managed by the Agency or a partner may lodge a review appeal against any decision imposing a penalty as referred to in section 45, 4°, 5° or 6°, as well as against any decision relating to medical assistance as referred to in section 25, § 5, of this Act.
An appeal against a penalty referred to in section 45, 4, 5 or 6 is filed with the Director General of the Agency, with the person designated by the partner and approved by the Agency, or with the Council of Social Assistance when it is a structure referred to in section 64 of this Act, by simple mail within five working days from the notification to the recipient of the notice referred to in paragraph 1 of this Act^er. The recipient immediately transmits a copy of the use of the host structure.
The appeal must be filed in one of the national languages or in English.
Any appeal against a decision relating to medical assistance as referred to in section 25, § 5 of this Act shall be brought to the Director General of the Agency or to the Council for Social Assistance when it is a structure referred to in section 64 of this Act.
The Director General, the person designated by the partner or the Social Welfare Board, confirms, cancels or revises the decision within 30 days of the introduction of the review appeal. For the use of medical support and to the Director General of the Agency, a physician's prior notice is required.
The Director General, the person designated by the partner, or the Social Assistance Council, may, if deemed necessary, suspend the decision under appeal.
The Director General, the person designated by the partner, or the Council of Social Assistance, shall, if deemed necessary, hear the persons concerned by the appeal.
The Director General, the person designated by the partner, or the Council for Social Assistance, motivates his decision.
If the Director General, the person designated by the partner, or the Social Assistance Council confirms or revises the decision under appeal, or in the event of a decision on appeal within the prescribed time limit, the host recipient may appeal to the Labour Tribunal at the place of the host structure. If the appeal is terminated, the appeal must be filed within three months of notification of the decision of the Director General, the person designated by the partner, or the Council of Social Assistance, or after the expiry of the prescribed period.
Art. 48. The Agency submits to the Minister annually a complaint and appeal report.
PART IV. - Staff of the hospitality structures
Art. 49. Without prejudice to Article 458 of the Criminal Code, staff members of the reception facilities are required by a duty of confidentiality. This applies in particular to the information brought to the attention of a staff member of the hospitality structure by any recipient of the reception in his or her home and to the initiatives that a staff member of the hospitality structure undertakes in the context of the missions entrusted to the host structure.
Art. 50. Staff members of reception facilities are subject to a code of ethics issued by the Minister and part of the labour regulations.
The code of conduct referred to in paragraph 1^er In particular, guarantees respect for the principle of non-discrimination, the correspondence of the recipient of the reception, his philosophical, religious or political convictions, his right to privacy and family life and his right to freedom of expression. It also contains rules relating to the object and mission of work within the host structure, the nature of the relations between staff of the reception facilities and the recipient of the reception, as well as to respect the duty of confidentiality.
Art. 51. The Agency or partner organizes a multi-disciplinary and ongoing training cycle for host staff.
TITRE V. - Integration of community hosting structures into the local environment and subsidies to municipalities
Art. 52. With the exception of the structures referred to in section 64, community hosting structures organize neighbourhood initiatives through grants provided by the Agency.
Through a neighbourhood initiative, we hear the action aimed at integrating the community structure into its environment and creating a positive perception of the reception of asylum seekers in society.
Grants are provided to community hosting structures to achieve the following objectives:
1° integrate the community hosting structure into its local environment;
2° provide correct information on the functioning of the community hosting structure;
3° to promote awareness-raising activities regarding the reception of asylum seekers.
The amount of these grants is composed of a fixed amount to which is added the amount obtained on the basis of the calculation of the number of reception places within the community hosting structure.
Art. 53. The Minister shall grant an annual subsidy to the municipalities in which a community welcoming structure is located.
The purpose of this subsidy is to cover the following costs:
1° personnel costs directly related to the administrative monitoring of the community reception structure;
2° the operating costs directly or indirectly related to the administrative monitoring of the community reception structure; indirect costs being justified by a distribution key;
3° the communal initiatives that promote the integration of the community reception structure into the commune.
The Minister determines at the beginning of the year the subsidy due to the municipalities for the previous year. The amount of the subsidy is fixed on a lump-sum basis per year and per place of effective reception. To take into account fluctuations in the number of places available during this period, for each community hosting structure, this number is determined on the first day of each month. A temporary decrease, due to changes or adjustments, will not be considered.
PART VI. - Voluntary return programme
in the State of origin or in a third State
Art. 54. The Agency ensures that the host recipient has access to a voluntary return program in their home country or in a third country.
This program and the framework in which it operates are defined by the King. It consists of adapted training modules as well as the care for travel expenses and, if necessary, support for reintegration in the State of origin or in a third State.
To this end, the Agency may enter into agreements with third parties.
LIVRE IV. - FEDERALE AGENCE
FOR ASILE DEMANDERS
PART I^er. - Status, missions and competencies
Art. 55. It is created, under the name "Federal Agency for the reception of asylum seekers", a public body with legal personality, classified in category A as referred to in the Act of March 16, 1954 relating to the control of certain bodies of public interest.
The King determines, by deliberate decree in the Council of Ministers, the structure, organization and operation of the Agency. The Agency may, for all its personnel needs to carry out the assignments assigned to it, hire staff by work contract.
Art. 56. § 1^er. In particular, the Agency's mission is to ensure the organization, management and control of the quality of material assistance provided to host recipients.
It can grant grants in relation to its missions.
§ 2. As part of the missions referred to in § 1^er, the Agency exercises the following competencies:
1° the provision of material assistance to host recipients within the community reception facilities it manages;
2° the control of the execution of the conventions relating to the granting of material assistance to the recipients of the reception with the partners, concluded in accordance with Article 64;
3° the designation, modification and deletion of the mandatory place of registration in accordance with Book II;
4° the organization of the payment of a daily allowance and the provision of community services in accordance with section 34.
Art. 57. In accordance with section 43, the Agency ensures continuity of reception during the transition of material assistance to the claimant for social assistance provided by public social action centres.
Art. 58. The Agency is also responsible for the coordination of voluntary return, both reception recipients and other foreigners.
Art. 59. The Agency is responsible for providing material assistance to unaccompanied minors in the observation and orientation phase.
Art. 60. The Agency is responsible for the provision of material assistance to minors staying with their parents illegally in the territory and whose state of need has been found by a public social action centre, where parents are unable to perform their duty of maintenance.
This material assistance is provided in the Agency-managed hospitality structures.
The King determines the modalities for granting this material aid.
Art. 61. The Agency is the responsible authority for the European Refugee Fund.
PART II. - Partners and quality control of reception
Art. 62. The Agency may entrust to partners the mission to grant recipients of the reception the benefit of material assistance as described in this Act. These partners include the Red Cross of Belgium, other authorities, public authorities and associations.
To this end, the Agency concludes conventions.
Art. 63. At the beginning of each calendar year, if the convention referred to in the preceding article is not denounced and subject to other treaty-specific regulations or provisions, the Red Cross of Belgium or other authorities, public authorities and associations referred to in the preceding article are entitled to payment of an advance of at least one quarter of the amount to which they were entitled the previous year. This advance will be paid by March 31.
Art. 64. Community or individual reception facilities can be organized by public social action centres to provide material assistance to the host recipient. These welcoming structures, designated local hospitality initiatives, are the subject of a convention between the Public Social Action Centre and the Agency.
The King defines the framework for the creation of a local welcome initiative and the terms and conditions of subsidy by the Agency.
Art. 65. The Agency organizes regular consultation with partners.
LIVRE V. - FINAL PROVISIONS
PART I^er. - Transitional provisions
Art. 66. For asylum seekers who have filed their asylum application before this Act comes into force, the provisions of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens and the Act of 8 July 1976 of the public social action centres in force on the day before the coming into force of this Act continue to apply.
Derogation from paragraph 1^er, however, are directly applicable, as soon as this Act comes into force, to asylum seekers referred to in the preceding paragraph, the provisions of Book III, except Title II, the provisions of Book IV and sections 69 and 70 of this Act.
Art. 67. A year after this Act comes into force, the Government shall conduct an assessment of the law and report to the Legislative Chambers.
PART II. - Amendments
Art. 68. In Article 57, § 2, 2°, paragraph 6, of the Act of 8 July 1976 organic of public social action centres, the words "one month" are replaced by "the one that is fixed in Article 7, 4°, the Act of the X on the reception of asylum seekers and certain other categories of foreigners".
Art. 69. Article 57ter, paragraphs 1^er and 2, of the Act of 8 July 1976 organic of public social action centres is amended as follows:
"Social assistance is not due by the centre when the foreigner enjoins to register in a place determined under Article 11, § 1^er, the Act of the X on the reception of asylum seekers and some other categories of foreigners benefits from material assistance within a welcoming structure to provide him with the necessary help to lead a life in accordance with human dignity.
By derogation from Article 57, § 1^er, the claimant to which has been designated as a mandatory place of registration under Article 11, § 1^er, the Act of the X on the reception of asylum seekers and certain other categories of foreign nationals, a welcoming structure managed by the Agency or by a partner of the Agency can only obtain social assistance in this reception structure, in accordance with the Act of the X on the reception of asylum seekers and certain other categories of foreign nationals".
PART III. - Abrogatory provisions
Art. 70. When this Act comes into force, it is repealed in the program law of 19 July 2001, as amended by the program laws of 22 December 2003 and 27 December 2004:
1° Article 60;
Articles 62 to 64;
3° Article 65, § 3.
Art. 71. Section 57ter, paragraph 3, of the Act of 8 July 1976, which is an organic part of public social action centres, is repealed.
Art. 72. Section 57ter 1, of the Act of 8 July 1976, which is organic, of public social action centres is repealed.
Art. 73. Article 54, §§ 1^er and 3 of the Act of 15 December 1980 on access to territory, residence, establishment and removal of aliens is repealed.
PART IV. - Entry into force
Art. 74. The King shall determine the effective date of the provisions of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 January 2007.
ALBERT
By the King:
Minister of Social Integration,
C. DUPONT
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Session 2005-2006.
House of Representatives:
Parliamentary documents. - Bill No. 51-2565/001. - Amendments, No. 51-2565/002 and 003. - Report, No. 51-2565/004. - Text adopted by the commission (art. 78 of the Constitution), No. 51-2565/005. - Text adopted by the commission (art. 77 of the Constitution), No. 51-2565/006. Amendment No. 51-2565/007. - Text adopted in plenary and transmitted to the Senate (Article 77 of the Constitution), No. 51-2565/008.
Session 2006-2007.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 3-1938/1. - Project not referred to by the Senate.