A/HRC/42/59/Add.3
10.
Even though Belgium is convinced, as stated in the report, that challenges remain, it
would like to recall some positive initiatives that have been taken. Such positive examples
include amongst many others, the Flemish action program against discrimination on the
private rental market, Flemish initiatives to improve the representation of people of African
descent in the media (for example, the diversity policy of the Flemish public broadcaster
VRT)1, a specific policy on equal opportunities in education, etc.. Another positive example
given to the Working Group is the introduction by the Federal Government of “mystery
calls”, a process involving the use of social inspectors who are now able to present
themselves as job seekers or clients in the context of an employment relationship in order to
investigate and establish offenses against the anti-discrimination law. The Federal
Government has also created the possibility for the private sector to take positive measures
in order to improve the employment rate of disadvantaged groups.
Use of certain language
11.
The report contains vague wording and subjective language, in particular when
referring to the colonial past (for example ‘…colonial exploitations and atrocities in Africa
continue to haunt people of African descent today’, wording like ‘it is believed that’…).
12.
The fluidity of the Working Group’s definition of ‘African descent’ causes
confusion in some parts of the report. For example, in §11 the Working Group explains that
it was informed that “most Africans who migrated to Belgium in recent decades came from
the former Belgian colonies in Africa Congo/Zaire, Rwanda and Burundi”. This is only
correct when ‘African’ refers to ‘sub-Sahara African’, since most Africans who migrated to
Belgium in recent decades came from Morocco, while in the recent years Belgium received
a significant number of refugees from Eritrea and Guinee as well as increasing immigration
from West African countries. In large cities like Antwerp these African nationals
outnumber those originating from former colonies by far.
13.
It should be noted that immigrants of African descent are not the only ones. They
share challenges with immigrants from other continents. Notably Turkey, which is an
important country of origin for many immigrants for several decades now and following the
recent refugee crisis there is significant influx from refugees from the Middle East.
III. Specific remarks on certain topics
Statistics
14.
Although statistics on so-called racial tracing are necessary to understand the issue
and to take future initiatives, the requested statistics can only be produced in conformity
with Belgian constitutional law, which is based on the principle of equality, and European
Union legal requirements. It is in principle illegal in Belgium and in the EU to collect and
analyse data on the ethnic or so-called racial background of citizens, even though some
exceptions are foreseen.
15.
As member of the European Union, Belgium has a long tradition of protection of
private life and personal data. Data protection forms part of the rights protected under
Article 8 of the European Convention on Human Rights, which guarantees the right to
respect for private and family life, home and correspondence, and lays down the conditions
under which restrictions of this right are permitted. The EU’s data protection standards are
based on Council of Europe Convention 108, EU instruments – including the General Data
Protection Regulation 2016/679 and the Data Protection Directive for Police and Criminal
1
The diversity policy of the Flemish public broadcaster VRT targets ‘New Flemish people’, including
people of African descent. VRT successfully uses target figures in order to improve and enforce a
nuanced, non-stereotypical representation in the media as well as to make their hiring practices more
inclusive for people with a migration background. Finally, VRT regularly consults with civil society
to address and tackle the remaining challenges mentioned in the report.
3
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