Mémoire
| Résumé : | Belgium follows a restrictive policy toward Yemeni asylum seekers. It does not grant the Yemenis international protection directly when they arrive. Once Yemenis arrive in Belgium, they should follow the process and procedures to ensure that they are qualified to be granted international protection. However, Belgium considers Yemenis to have a high chance of recognition, prioritize international protection status, and get subsidiary protection at least because of the war and humanitarian crisis in Yemen.Institutions are blocks for the construction of political systems; The thesis argues that the humanitarian aspect would be the most prominent factor in defining the policy of Fedasil and CGRS toward Yemeni asylum seekers. The thesis hypothesizes that the humanitarian aspect plays a more significant role in defining the Belgian policy towards the Yemeni refugees by using institutional theory, Huntington's dimensions, qualitative analysis, and interviews. The present paper answered the following question: What are the major factors that define the Belgium policy in dealing with the Yemeni refugees from an institutional perspective?. The significant factor for Yemeni refugee status determination is the legal or administrative process by which Belgium determines whether the Yemeni seeking international protection is considered a refugee under international, regional, or national law and rules. There are two forms of international protection. Grant a refugee status or humanitarian protection (so-called Subsidiary protection). Both are two sides of the same coin. The Belgian Reception Act of 12 January 2007 is the national principle law. It evaluates all asylum applications on an individual basis, first in the light of the Refugee Convention and (Article 48/3 (1) of the Aliens Act) and then regarding subsidiary protection (Article 48/4 (2) of the Aliens Act). According to the Belgium Aliens Act, Article (48/3, (1), people grant refugees status if they have five criteria that must be fulfilled all of them and not one without the other for a person to be eligible to be a refugee. On the other hand, Belgium grants Subsidiary protection for asylum seekers who do not meet the criteria for refugees status but are still at risk of serious harm whether because of war, violence, a real danger of violence in international or internal armed conflict situations if returned to their country of origin or degrading treatment under the Aliens Act Article (48/4, (2). |
