Act on Collective Accommodation for Asylum Seekers - Purpose and Scope

1. This Act governs the modalities for providing accommodation structures for persons seeking asylum in a municipality in Valais.

2. It concerns collective accommodation for asylum seekers assigned to the canton by the federal government for first and second reception, excluding individual apartments, subject to Articles 3 and 6.

3. A collective accommodation is any structure that serves the purpose of housing and includes shared facilities such as a common room, kitchen, sanitary facilities, or shared services such as maintenance and cleaning.

4. The federal legal provisions on the accommodation of asylum seekers, as well as cantonal and federal construction and spatial planning regulations, remain reserved.

1. The department responsible for the accommodation of persons in the asylum sector (hereinafter: Department) is entrusted with the implementation of this law. It may delegate tasks to the Office for Asylum Affairs.

2. The authority may enter into contracts with public entities, municipalities, individuals, and private organizations for the accommodation and care of persons in the asylum sector.

1. Persons in the field of asylum are generally distributed among the constitutional regions according to their population share.

2. Every municipality is obliged to accept persons in the field of asylum within its territory.

3. After consulting the municipality, the department designates the host municipality.

4. The department adopts a plan for the centers for asylum seekers.

1. The department shall inform the host municipality about the impending opening of a collective accommodation for individuals from the asylum sector.

2. The department shall also inform the other municipality/municipalities affected by the opening.

3. The announcement shall be made following the conclusion of the purchase or lease agreement, but at least three months prior to the opening of the accommodation. Exceptions are made for emergencies in unforeseeable situations that require immediate measures.

4. The prior announcement shall specifically include information on the following elements

a) Type of accommodation;

b) Approximate number and category of the individuals concerned;

c) Care concept and organization;

d) Care personnel;

e) Security measures;

f) Medical care;

g) Educational support, if applicable;

h) Opportunities for the municipalities to introduce employment programs for individuals from the asylum sector.

5. In the event of an opening due to an unforeseeable situation, all provisions of this law shall apply, with the exception of the notification period for the affected municipality/municipalities.

1. The affected municipality or municipalities may submit comments to the department; these will be taken into account as far as possible.

2. The affected municipality or municipalities and the department shall establish a working group that meets regularly before and after the opening of the accommodation to address open questions and any potential difficulties.

1. The Office for Population and Migration can assign a place of residence and accommodation to individuals in the asylum sector.

2. It can rely on police assistance for the enforcement of its decisions.

3. Any objection lodged does not have a suspensive effect.

1. Article 13 of the Introductory Law to the Federal Act on Foreign Nationals and Integration of September 13, 2012, and the decision regarding the distribution within the canton of persons subject to asylum law who are allocated to the canton by the federation, dated May 10, 2000, are repealed.

2. This legal enactment is subject to the optional referendum.

3. The State Council shall determine the date of entry into force.