A/HRC/18/3
38.
When Belgium had signed the Framework Convention for the Protection of National
Minorities of the Council of Europe, it had made a reservation with a view to subsequently
defining the term “national minority”. No such definition had been agreed upon in Belgium
as yet, however.
39.
Belgium stood ready to re-examine its declarations and reservations regarding
international human rights instruments in order to determine whether they were still
pertinent and justified and, if they were found not to be, to withdraw them.
40.
Three laws against racism, discrimination and denial of the Holocaust, together with
the 2004 National Plan of Action, formed the mainstays of the fight against discrimination
and against the incitement of hatred. Belgium had stepped up its efforts to combat
xenophobia, anti-Semitism and Islamophobia. Measures taken to that end included the
establishment of monitoring and surveillance units, the creation of a cyberhate crimes unit
and the prosecution of offenders in the courts.
41.
Political parties could not be banned under Belgian law and did not have legal
personality. Members of political parties could be prosecuted, however, for acts of violence
or discrimination and for inciting hatred. Parties could also be denied public funding, and
their individual associations could be dissolved.
42.
There were no legal provisions either prohibiting or authorizing the use of veils in
schools. Schools were free to incorporate provisions on the subject into their own rules in
line with their particular educational philosophy. Parents’ freedom of choice was
guaranteed both de jure and de facto.
43.
With a prison occupancy rate of 118 per cent, Belgium definitely had a problem with
overcrowding, especially in the case of persons being held in pretrial detention. A number
of measures were being taken to address the situation: new prisons had been opened; some
prisoners had been temporarily moved to facilities that had been leased in the Netherlands;
non-custodial alternatives, early-release programmes, electronic monitoring and limited
sentences were being used; and international agreements were being entered into on the
transfer of inmates to their country of origin.
44.
Since 2000, Belgium had repealed an article that had allowed minors to be held in
prison for up to 15 days. Minors aged 16 or over could be tried as adults only for serious
crimes in cases where the regulations on the protection of young people were inapplicable.
Under-age offenders were held in closed centres where they received special support.
45.
A sharp increase in demand had overwhelmed the reception facilities for asylumseekers. Between 2007 and 2011, the number of people seeking asylum had risen by
approximately 120 per cent. Over the same period, Belgium had increased the capacity of
its reception facilities by almost 50 per cent.
46.
Any excessive use of force by police officers in prisons, whether during the
expulsion of foreigners or in any other case, was punished by means of the application of
disciplinary and judicial measures. Police behaviour was overseen by the legislature
(through the Standing Committee on the Supervision of Police Services (Committee P)),
the judiciary and the executive (through the General Inspectorate of Federal and Local
Police).
47.
Belarus stated that it had positively assessed the broad scale of obligations
undertaken by Belgium under international human rights treaties. Belarus, however, noted
the low level of cooperation between the special procedures and Belgium, especially in
answering to their questionnaires. Belgium had answered only five out of 26
questionnaires. Belarus made recommendations.
GE.11-14583
7
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