Research project SO/01/007 (Research action SO)
This research analyses one of the specific aspects of the issue of adapting Belgian law to the presence of residents of foreign origin. It involves an aspect that hitherto has not been studied comprehensively in Belgium: in what way do refugees themselves and residents of foreign origin in Belgium experience some support or, conversely, hindrance from the law and the way in which this law is applied to them, and how refugees and/or residents of foreign origin might strive for changes to these rules?
The analysis focuses on four types of rules: (1) regulations governing residence; (2) rules in relation to access for refugees to the labour market and social security; (3) rules that guarantee room to live one’s own identity (culture, language and religious faith); and, finally, (4) nationality legislation.
The purpose of the study presented here is to use as systematic a method as possible so that residents of foreign origin can express their experiences and expectations in relation to law and the judiciary in Belgium. Interviews with refugees and residents in Flanders and Wallonia as well as in Brussels will be used in order to access their expectations or, alternatively, their experiences with justice and the Belgian law and how this is adjusted to their presence in our country.
A combination of three disciplinary approaches - law, sociology and anthropology - has been chosen. Experience has shown this combination to offer the best guarantees in terms of the relevancy, representativeness and reliability of research data that may be helpful for this kind of investigation.
Researchers (two AAP mandates) of foreign origin have been chosen, because they are trusted by the communities covered by the working framework of this investigation. One researcher is questioning refugees and foreign nationals from the Maghreb region, whereas the other is primarily interviewing Black Africans.
The interviews conducted to date (December 2001) have revealed strong variations in knowledge about the law, depending not just on actual experiences with it and/or expectations in respect of rules and judicial mechanisms, but also varying according to an interviewee’s age, migration profile and cultural background.
The ultimate consideration is to produce concrete proposals improving the quality of the regulations relating to refugees and residents of foreign origin in Belgium by taking more account of the experiences, testimonies and aspirations of the various target groups of these rules.
Research team:
Professor M.-CL. Foblets (K.U.Leuven)
Promoter
Co-promoters (K.U.Leuven)
Professor G. Vervaeke (K.U.Leuven)
Professor S. Parmentier (K.U.Leuven)
Co-promoters (U.Lg.)
Doctor M. Martiniello (F.N.R.S./U.Lg.)
Professor P. Martens (Court of Arbitration judge U.Lg.)
Researchers:
Badra Djait (K.U.Leuven)
Bonaventure Kagné (U.Lg.)
