Proposition 53K1071

Projet de loi modifiant la loi du 3 juillet 2005 relative aux droits des volontaires en vue de rendre le volontariat accessible aux étrangers.

General information ¶

Authors

CD&V Sonja Becq, Nahima Lanjri, Stefaan Vercamer
LE Catherine Fonck
PS | SP Jean-Marc Delizée
Vooruit Meryame Kitir

Submission date

Jan. 19, 2011

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

foreign national unpaid work residence permit voluntary work work permit

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP Open Vld MR

Abstained from voting

∉ N-VA LDD VB

Party dissidents ¶

• Peter Luykx (CD&V) abstained from voting.

Contact form ¶

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Discussion ¶

April 22, 2014 | Plenary session (Chamber of representatives)

Full source

Zoé Genot, rapporteur, refers to the written report.

Mr. Speaker, Mrs. Minister, dear colleagues, this bill is an opportunity to recall the importance of civil society, associations, volunteers. Often, these provide spontaneous responses to social needs, which will then be covered by public authorities. These solutions can be initially pragmatic and empirical or disorderly and archaic – no matter, all this is organized afterwards. Often too, they disturb, they question, they awaken consciousness and break indifference. That’s why the House granted them recognition and rights in favour of the law of 3 July 2005 – the date of the royal sanction – whose maturity lasted ⁇ five years. This text was amended in the months following its adoption. However, there have been no major legislative changes for several years. In 2015, this law will be ten years old. This will, in my opinion, be the ideal time to evaluate it in dialogue with associations and civil society. This proposal goes in this direction, and I congratulate the authors.

This bill is important in terms of the integration and participation of foreign nationals, in particular asylum seekers and other recipients of reception. Access to volunteer activities helps them acquire or maintain skills by enabling them to engage in a meaningful project, meet people, get acquainted with national languages and the country’s culture. This voluntary work also contributes to self-esteem, social cohesion and multiculturalism. We therefore support this bill.

The text is constructed somewhat in the same way as the current arrangement for social benefiters. The idea is to consider that the recipient of the reception is in a similar situation to theirs, since he receives a daily allowance under the 2007 Act. Since the recipients of the reception, given the precariousness of their stay, are likely to be victims of abuse, filters are needed. We would like to remind in this regard that social and tax inspections are competent to monitor the implementation of the 2005 Voluntary Act.

Finally, I would like to express a regret. Indeed, the text excludes a category of beneficiaries, which is, of course, very limited: namely families in illegal residence, with minors who are assisted by the reception structures managed by Fedasil, after the CPAS found that the parents were unable to ensure their maintenance. We believe that this exclusion is damaging, since the government agreement was aimed at any recipient of the reception. This is a small reserve. That said, I repeat it as a conclusion, we would like to participate in the next legislature in an evaluation of the 2005 law. On the basis, the Socialist Group will therefore with conviction support this bill.

Mr. Speaker, Mrs. Minister, colleagues, I am very pleased to be able to declare here today that the current bill on foreign volunteering has finally reached Parliament.

I may recall that about four years ago the same bill was already submitted by me in the Senate. It was submitted to the Senate and it was also approved. Due to the fall of the government, which came earlier than the planned election date, the proposal, unfortunately, has not reached the House, so that the bill then unfortunately could not become a law.

Today we can still approve the proposal on the fallreep, which our group is very satisfied with. We are pleased that our bill is approved. The situation on the ground was not normal.

Volunteering should normally be encouraged and encouraged. It is therefore very abnormal that certain groups of people are excluded because of their nationality or origin. This was the case because the Voluntary Work Act, which entered into force in 2006, stipulated that the regime for foreigners would be drawn up in a royal decree. However, the royal decision never came. In that law it was stated that only foreigners who were exempt from a work permit were allowed to do voluntary work. All other foreigners did not like it. This meant that a woman who came to Belgium with her husband, because her husband came here to work, but who did not work, could not volunteer. For example, a man comes to work for a few years at a company. The woman comes with her and wants to dedicate herself to the school where her children are schooling. That could not. I give another example: a foreign student who wanted to volunteer could not. Even an asylum seeker in a reception centre could not do volunteer work, neither in the municipality, neither in any association, nor in the school where his children went to school.

Fortunately, this is now possible thanks to the approval of our bill. I am pleased that all political groups have supported and approved it.

So it will be possible for everyone to do volunteer work, which is very important. Volunteering is also a means of promoting social cohesion. In addition, for newcomers, it is often a first step towards integration and participation in society. Volunteering also offers the opportunity to maintain or acquire competencies and thus learn the language, in so far as it is newcomers.

Sometimes there are also people who have been here for years and, for example, are not allowed to volunteer because they are not exempt from the work permit, which is regrettable.

It is therefore very important that people can do volunteer work. It is not only good for them but also for society.

Often one gets the reaction that the strangers stay in a reception center or elsewhere and do nothing all day. People do not realize that they are not allowed to do anything. I’m glad that this allows them to do at least volunteer work in the vicinity, at school, at a scout or chiro party or whatever.

This bill provides for a number of control mechanisms to address possible abuses. That is not abnormal. We do the same for others.

Voluntary work has nothing to do with work and should not be used for black work. This should not be the case for Belgians or foreigners. The same control mechanisms exist for Belgians who do so-called volunteer work, but actually work in the black. That is nothing more than normal.

Finally, the scheme also stipulates that people who are still staying in the reception center must report to Fedasil, precisely to ensure that the normal operation of the reception center is not disturbed. As long as it is genuine volunteer work, there is no problem and they will be able to volunteer. The necessary guidelines will be given to Fedasil to develop that.

The target group is kept as extensive as possible. I have explicitly included in the bill that it also applies to people who were eventually regulated at the time and to anyone who has the right to accommodation.

Mr Delizée, even if you are not staying in the reception structures, it is possible to volunteer, so also for the family with children who may be staying here without papers. If people have the right to accommodation, they have the opportunity to volunteer. They must be protected and not exploited.

I would like to thank you for your support for this bill. I think that this will make a lot of people happy in the field, like a lot of municipal governments. After all, they were also asking party, because they saw that they could now in no way allow those people to participate in some activities in their communities.