Abstract :
[en] This report summarises the main debates and major developments concerning migration and asylum in Luxembourg in 2018.
2018 was marked by the parliamentary elections in October 2018, which led to the renewal of the former Government coalition. The coalition agreement provides for a number of changes related to migration policies in Luxembourg.
Luxembourg remains a country with significant immigration. The population growth is largely a result of migratory movements. Family and economic migration remains at a high level. The inflow of certain nationalities is stagnating or decreasing, whileothers are progressing. This is above all the result of two phenomena: firstly, a slowdown of overall migratory flows to the country and, secondly, high rates of naturalisation. The number of residence permits issued for economic reasons increased by more than 23% year-on-year compared to 2017, continuing the clear upward trend observed in recent years. This overall increase is due in particular to the larger numbers of residence permits issued to the "salaried worker", "European Blue Card" and "intra-corporate transferee" categories.
The Law of 1st August 2018 introduced significant changes in the admission policy for international students and researchers in Luxembourg. This law transposes Directive 2016/801/EU, which allows students and researchers to stay for nine months after successfully completing their master's or doctoral studies in order to find a job or start a business.
The Government elected in the parliamentary elections of October 2018 intends to organise legal immigration taking into account the needs of the economy.
The 2018 political agenda also saw a large debate regarding Luxembourg signing the Global Compact for Safe, Orderly and Regular Migration (GCM). This debate, both in Luxembourg and internationally, gave rise to suspicious and negative reactions, particularly in nationalist circles in some European countries. However, there was broad support for the GCM in Luxembourg with most of the political class (6 of the 7 political parties represented in the Chamber of Deputies) defending the GCM alongside the Government
The number of people seeking international protection remained high but relatively stable in 2018 compared to the previous two years. The refugee recognition rate has continued to increase. Many beneficiaries of international protection (BIPs) remain in applicants for international protection (AIP) homes as they have difficulty finding housing in the private market or social housing. This in turn increases the pressure on accommodation facilities and it is one of the priorities of the national authorities, as reflected by the coalition agreement.
Reception and accommodation conditions for AIPs and BIPs have sparked a number of debates and reflections within civil society. They were discussed in most political party manifestos for the 2018 parliamentary elections. It should be noted that the new multiannual National Action Plan on Integration (Integration NAP) has these as central themes, the reception and management of AIPs is one of the two main areas of action.
A major institutional development is the extension, following the 2018 legislative elections, of the powers of the Ministry of Foreign and European Affairs to include the "Reception of applicants for international protection" portfolio. Previous this belonged to the Ministry for Family and Integration.
Finally, at the European level the new Government confirmed its commitment to the Common European Asylum System, which emphasises European solidarity.
Unaccompanied minors were another area of concern in 2018. A Bill was published, which aims to establish a multidisciplinary team to assess the best interests of the child in the context of a return procedure. In addition, there was a widely publicised debate around the practice of age assessment. The new Government has indicated that it intends to focus on unaccompanied minor AIPs, particularly in terms of improving care for these young people.
In the area of integration, the Integration NAP was drafted. This document is the result of a wide consultation process with the different stakeholders involved in the reception and integration of non-Luxembourg nationals. The Integration NAP provides a general, strategic and sustainable framework to firstly develop programmes and tools to promote the integration of all non-Luxembourgers residents in the country, and secondly, to promtoe social cohesion between Luxembourgers and non-Luxembourgers.
The Law of 8 March 2017 on Luxembourg nationality has had consequences for the number of individuals gaining citizenship. The impact of this law explains the stagnation, or even slight decline in the foreign population in Luxembourg and, in particular, of certain specific nationalities, as well as the increased electorate in the Grand Duchy of Luxembourg since the law was introduced.
Two advisory bodies representing the interests of foreign residents in Luxembourg are in operation: at the national level, the National Council for Foreigners (CNE), and, at the municipal level, Advisory Committees on Integration (CCCI) were renewed following the 2017 municipal elections.
The new Government has stated that it intends to further increase the powers of these two bodies. Moreover, it intends to decentralise its Welcome and Integration Contracts (CAI), and to support the municipalities in their local integration work.
The education system continues to face major challenges resulting from the heterogeneity of the school population. The second National Report on Education noted inequalities in the educational system caused by social origin and the migratory context of pupils. In order to cope with this situation, the authorities have focused on several measures such as expansion of the number of international and European schools; the development of specific classes for young migrants; the establishment of a mediator service for support, inclusion and school integration; and the introduction of the plurilingual education programme at nursery level.
Knowledge of Luxembourgish as an integration factor was another concern throughout the year. The Law of 20 July 2018 presents a number of measures to promote the Luxembourgish language. The objectives of the Luxembourgish language policy, which aim to reinforce the importance of Luxembourgish, are to support the use and study of Luxembourgish, encourage the learning of the Luxembourgish language and culture, and promote culture in the Luxembourgish language. Several bodies have been set up to implement this action plan. The language question was ubiquitous during the election campaign. Most political parties emphasised the importance of the Luxembourgish language as an integration factor in their manifestos, while highlighting the advantage of multilingualism.
Finally, there are some changes to note in the return policy of Luxembourg. There were two proposals to amend the Immigration Law: one, which authorises the police to enter residential premises to enforce removal orders in the case of forced return; and a second one, which provides for systematic oversight by the courts of prolonged detention beyond the 4-month period. The new Government has stated that it is committed to improving the current detention system through the creation of a specific detention structure for women, families and vulnerable persons.
