A/HRC/42/59/Add.3
Justice Authorities – as well as on the respective case law of the European Court of Human
Rights and of the Court of Justice of the European Union. Article 9 of the Regulation,
directly applicable in Belgium, states that processing of personal data revealing racial or
ethnic origin (amongst others) is prohibited unless specific conditions are fulfilled. Article
24 quinquies of the Act of 4 July 1962 on Public Statistics stipulates that “the investigations
and statistical studies of the National Statistical Institute may in no case concern private
life, including sexual life, political, philosophical or religious opinions or activities, race or
ethnic origin.” However, this only applies to the National Statistical Institute. Other entities
are free to gather data, on the condition that this is done on a voluntarily basis and on the
basis of self-identification and in compliance with the General Data Protection Regulation.
In Belgium several data and data banks exist (for example: the general census which
includes data on gender, age, country/place of birth, nationality, same sex marriage or legal
cohabitations - National Register in which nationality can be used as a proxy for ethnic
origin, through the country (or group of countries) of birth of a person or of one of his/her
parents). Technically, these data can be crossed with data about housing, socioeconomic
data (situation on the labour market …), financial information, and many others through the
inclusion of other administrative and survey-based databases.
16.
In the biannual Socioeconomic Monitoring, administrative data from the National
Register and the Crossroads Bank for Social Security are crossed to map the labour market
participation ((un)employment rate, (in) activity, mobility between employment status,
employment in labour market sectors, …) of all people at working age registered in the
National Register according to ethnic origin and migration background.
17.
The variable of ‘ethnic origin’ captures the country (or group of countries) of birth
of a person or of one of his/her parents. The variable of ‘migration background’ captures
whether a person has a foreign (EU/non-EU) nationality, or whether a person was born with
a foreign (EU/non-EU) nationality and got naturalized to Belgian nationality, or whether
one or both of his/her parents has a foreign (EU/non-EU) nationality or was born with a
foreign (EU/non-EU) nationality. With this method, data are practically exhaustive and
objective, as they are not based on a sample or on self-reported data. 2 The report is
published by the Ministry of Employment, Labour and Social Dialogue and Unia. Each
version of the monitoring expands on the basis of the other versions. It is now possible to
develop precise, multivariate and relevant statistical analyses to measure the existence and
magnitude of inequalities in the labor market with respect to age, gender, origin, level of
education, household type, place of residence, etc. The third report brought new insights
and in particular, the introduction of the variable "education" (low, medium or high level)
and a detailed analysis of the public sector.
18.
While it is true that data based on ethnicity or so-called race are not collected, the
regional governments collect data on foreign origin. On the basis of these data, those
governments regularly monitor the work, life and educational situation of people of foreign
origin and publish reports about the findings and adjust their policies accordingly.
Belgium’s colonial past
Public debate about the colonial past:
19.
Belgium is coming to terms with its colonial past, which is a gradual and ongoing
process. The King Baudouin study cited in the report (indicating that more than 7 out of 10
Belgo-Rwandans, Belgo-Congolese or Belgo-Burundian people think the colonial question
is taboo in the Belgian public debate) was published in 2017. In the meanwhile certain
2
4
FPS Employment, Labour and Social Dialogue & Centre for Equal Opportunities and Opposition to
Racism (2013), Socio-economische Monitoring. (Socioeconomic Monitoring); FPS Employment,
Labour and Social Dialogue & Interfederal Centre for Equal Opportunities (2015), Socioeconomische Monitoring. Arbeidsmarkt en origine (Socioeconomic Monitoring. Labour market and
origin); FPS Employment, Labour and Social Dialogue & Unia (2017), Socio-economische
Monitoring. Arbeidsmarkt en origine (Socioeconomic Monitoring. Labour market and origin).
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