In a second statement released yesterday, Luxembourg City Mayor Lydie Polfer tackled the allegations made two weeks ago in an open letter by Gaston Vogel, in which the Luxembourgish lawyer accused the Mayor of ignoring the issue of begging on City streets.
In his initial letter, Gaston Vogel was clear in his criticism of those asking for money in the city centre, claiming that "the air is filled with the stench given off by the daily processions of filthy beggars" and blaming the Schengen agreements for allowing them to come to the country "with no regulation, from distant Romania." The lawyer continued by alleging that "no one is dealing with this riff raff", and urged the Mayor to engage her responsibility to ensure the 'safety, tranquillity and wholesomeness' of Luxembourg City.
In turn, Lydie Polfer released an open letter the following day, Thursday 6 August 2015, stating that "the phenomenon has already been discussed many times between municipal bodies" such as the Ville de Luxembourg, the Ministry of Justice and the Grand Ducal Police, and emphasising the maintenance of a clean and safe capital as absolute priorities of City officials.
The Mayor then went on to outline a distinction between what she terms 'organised begging' and begging by those without a choice, saying that the latter were in need of support and assistance and that in this context "a much more nuanced approach, which respects the dignity of vulnerable people, is required".
Now Mayor Polfer has released a second letter, dated 19 August 2015, in which she claimed that Gaston Vogel was "wrong" to believe she was attempting to omit her responsibilities.
The Mayor continued by outlining various police regulations in place which directly prohibit the acts cited in Mr. Vogel's letter. She gave the examples of Article 9, which states that "it is forbidden to pollute a public way in any manner whatsoever [...] and to throw away, deposit or abandon any objects"; Article 19 which prohibits disturbing "public peace with shouting and excessive noise"; and Article 38, which forbids urination on public paths, the depositing of products or material objects harmful to public health on uncultivated lands, and to allow the flow of domestic water, dirty liquids onto public paths which could compromise the health of the population.
An additional paragraph in the letter from Councillor Mathis Prost states: "All forms of organised begging are forbidden. In this context, it is especially prohibited to beg by harassing or bothering passers-by, motorists or other drivers; by ringing doorbells to bother the inhabitants; and obstructing entrances to buildings and edifices both public and private, entrances to shops and passages."
Further Penal Code regulations highlighted by the Mayor in her letter state that those who meet to beg face a prison sentence of 8 days to a month (Article 342, Paragraph 3); that acts of human trafficking committed with a view to force people into begging is punishable with 3 to 5 years imprisonment and and a €10,000-€50,000 financial penalty (Article 382-l); and that a previous law provided until January 2015 indicated that vagrants and those found begging would be forced to pay a fine of €25 to €250 (Article 563).
Lydie Polfer went on to re-emphasise a point made in her initial letter that Courts rarely condemn those involved due to issues in establishing proof of the constituent elements of the offense.
"I am the first to denounce these situations which we see all too often in our City, and this is what prompted me to intervene on countless occasions with the Grand Ducal Police and the Ministry of Justice," stated Mayor Polfer. "[...] We take very much to heart the problems of organised begging and the unacceptable outbreaks of certain people."
Photo by Sarah Graham (Luxembourg City Mayor Lydie Polfer)
