Belgium Expands Consular Aid for Dual Nationals, Including Belgo-Moroccans

This initiative by deputies Malik Ben Achour (PS), Samuel Cogolati (Écolo), Georges Dallemagne (CDH), Séverine de Laveleye (Écolo), Wouter De Vriendt (Groen) and Sophie Rohonyi (Défi) received the support of the seven parties in the federal government majority. Only the N-VA and VB parties voted against this change in the law, on January 5.

Henceforth, the amendment of June 1, 2018 stating: "Belgians who also hold the nationality of the State in which consular assistance is requested cannot claim consular assistance when the consent of the local authorities is required" (article 79) no longer exists. The revised article 79 of the consular code adopted stipulates that: "Belgians who also hold the nationality of the State in which consular assistance is requested may also claim consular assistance there, except when the consent of the local authorities is required".

As for article 75 of the revised consular code, it stipulates that refugees and stateless persons recognized by Belgium can also benefit from consular assistance. According to the website of the Foreign Affairs, consular assistance is "the aid that Belgians abroad receive from the Federal Public Service Foreign Affairs in case of difficulties abroad". The cases provided for are numerous, from death or serious accident to arrest, including a situation of extreme emergency, etc.", specifies the Belgian newspaper Le Soir.

For deputy Samuel Cogolati, "it was essential to put an end to what was experienced as a serious wound to the sense of belonging and citizenship by a large part of the Belgian population who hold another nationality or who held the status of refugee or stateless person." Belgium has thus played its part, but the problem remains in the second country to which the dual nationals belong. Morocco or Burundi, for example, are not ready to take into account the Belgian nationality of citizens enjoying dual nationality on their territory.

"If for example the Moroccan authorities refuse a Belgo-Moroccan the assistance of Belgium, then there will obviously be no assistance. If the local authorities authorize it, then assistance can be provided by Belgium (but it will remain a matter of opportunity for the embassy on site)", explained the elected official. "It will no longer be Belgium which, by default and by virtue of its code, will exclude a dual national from the benefits of consular assistance, but rather, where applicable, the country of the other nationality of the person concerned," he said.