A/HRC/21/59
113. Mr. Charlier replied that with respect to assessment and appraisal, OHCHR had
issued a publication on ―assessing the effectiveness of national institutions‖. No single
mechanism could meet all aspects of the national reality. What was most important was to
place victims at the centre because this would end discrimination and ensure the proper
outcomes. With reference to gaps, he explained that he did not have enough information in
this regard. He stated that it was important to protect the rights of individuals even if that
State asserted that racism did not exist in the country.
114. Morocco asked about mediation and ombudspersons and the extent to which they
were an alternative to a court process. The delegate also referred to acts of racism and
related phenomenon and asked to what extent national mechanisms could tackle these
issues without a specific complaint. Mr. Charlier replied that there were two types of
ombudspersons – those that mediated or facilitated the relationship between an individual
and the State, and those which stressed conciliation and mediation.
115. At the 10th meeting that afternoon, Mr. Jozef DeWitte, Chair of the Equinet - the
European Network of Equality Bodies gave a presentation to the Committee. He described
the Belgian Centre which was established in 1993, noting that it was one of the last of the
European equality bodies to be set up. It was established by Parliament which gives its
mission and mandates but has full independence to fulfil that mandate in collaboration with
States and civil society. The mandate is broad mandate and looks at issues such as racism,
religion and belief, equality, age, disability, sexual orientation but not gender which is
assigned to another body and language for cultural reasons specific to the Belgian context.
116. He explained that in Belgium, the anti-discrimination mandate included the fight to
promote equality. In addition, migration was a phenomenon very relevant there and it was
important to understand its trends now and in the future. The fundamental rights of
foreigners were guaranteed in Belgium even where one was not a citizen because they are
fundamental human rights. He also noted that the fight against trafficking and sexual and
economic exploitation was very present in all sectors of the economy.
117. He noted three main tasks of the Centre: the first concerned assistance with
individual cases. He noted that about 5185 cases came forward of which 4000 concerned
discrimination and about 1000 concerned fundamental rights. They focussed on reaching
settlements as it was quicker and fully respected the rights of the victim. In 2011, 16 legal
cases were initiated on hate crimes because these are non-negotiable. The second task was a
proactive role in information-sharing and sensitization and training about how to deal with
a multicultural society. The third was the forward-looking task of formulating
recommendations to improve regulations. He explained that the Belgian Centre had B status
accreditation because its statute was not broad enough and it was perceived to be not
independent enough from the State.
118. Mr. DeWitte then described the European Network of Equality Bodies – Equinet.
Following an EU directive, it was established in 2008 as the secretariat to help Equinet
members fulfil EU directives. It has 37 member mechanisms and they work together in a
non-hierarchical way to achieve their full potential at the national level. The mandate from
the EU directive provides that equality bodies should: give independent assistance to
victims of racism; conduct surveys concerning discrimination; provide independent service;
prepare and publish reports on discrimination; it forms recommendations on key issues; and
it exchanges information between them and with the Fundamental Rights Agency and the
European Court of Justice. It also carries out awareness raising campaigns and promotes
good practices. It has a fairly high level of competence on issues concerning race, religion
and belief, gender, disability and sexual orientation.
119. Equinet‘s activities include equality laws, policy formulation, publications and a
number of trainings. Mr. Dewitte reiterated that standards for equality bodies were not ―one
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