Law of 15 February 1993 establishing a Federal Migration Centre
The Law of 15 February 1993 establishing a Federal Centre for the analysis of migration flows, the protection of fundamental rights of foreigners and the fight against human trafficking, published in the Belgian Official Journal (MB/BS) on 19 II 1993, amended by the laws of 13 April 1995 (MB/BS, 25 IV 95), 20 January 2003 (MB/BS, 12 II 03), 25 February 2003 (MB/BS, 17 III 03), 10 August 2005 (MB/BS, 2 IX 05), 10 May 2007 (MB/BS, 30 V 07), 17 August 2013 (MB/BS, 5 March 2014)
A Federal Centre for the Analysis of Migration Flows, the Protection of Fundamental Rights of Foreigners and the Fight Against Human Trafficking is established, hereinafter referred to as 'the Centre'. The Centre has legal personality.
Within the bounds of its federal competence, the mandate of the Centre is to ensure the respect of the fundamental rights of foreigners and to inform the government of the nature and extent of migration flows. The Centre shall perform its duties in a spirit of dialogue and consultation with all governmental and private actors involved in the reception and integration policy for immigrants. Within the bounds of its federal competence, the Centre also has the mandate to encourage the fight against human trafficking and human smuggling.
The Centre shall fulfil its duties with full independence. The Centre is authorised:
1° to conduct all studies and research necessary to fulfil its duties;
2° to provide advice and recommendations to the government for the improvement of the regulations, in application of Article 2 of this law;
3° to provide recommendations to the government, private individuals or institutions based on the results of the studies and research referred to sub l°;
4° within the remit of its mandate as stipulated in Article 2, to provide assistance to anyone requesting advice concerning the extent of their rights and obligations. This assistance shall consist of providing information and advice to the individual in question regarding the resources he may be able to access in order to exercise his rights;
4 bis within the remit of its mandate as stipulated in Article 2, to receive and process complaints and to perform any mediating role it deems useful, without prejudice to the competence of the federal ombudsmen;
5° to lawfully engage, within the bounds of its task defined in article 2, in any legal disputes which may arise from the application of following laws:
- the law of 13 April 1995 on combating human trafficking and [human smuggling];
- the law of 11 February 2013 establishing sanctions and measures for employers of third-country nationals illegally residing in Belgium.
6° within the framework of its mandate, to support and guide institutions, organisations and legal aid providers;
7° within the framework of its mandate, to gather and provide all necessary information and documentation;
8° to carry out any other duties, within the framework of its areas of legal competence, on behalf of any government.
The competent ministers and state secretaries shall provide the Centre with the information necessary to fulfil its duties.
The Minister of Justice shall provide the Centre annually with judicial statistics related to the application of laws such as the law of 13 April 1995 on combating human trafficking and human smuggling. The Centre may seek the advice of the Communities, the Regions, the provincial and local governments or of any other public institution which should prove useful for fulfilling its mandate.
The King shall establish the organic statutes of the Centre in a decree deliberated in the Council of Ministers. These statutes shall establish, among other matters:
1° the structuring of the Centre in such a way that the various duties as referred to in Article 3 can be optimally organised;
2° the conditions for the appointment of its members;
3° the legal status of its employees;
4° the conditions for funding.
The Centre shall be overseen by a Board of Directors made up of members appointed by the Federal Parliament as members of the federal chamber of the Inter-federal Centre for Equal Opportunities and Opposition to Racism and Discrimination. They shall be appointed by royal decree.
Each year, the Centre shall submit a report on its activities to the Prime Minister, who shall provide an extract of the report to the Chamber of Representatives and to the Senate, and shall publish it.