A/HRC/42/59/Add.1
17.
Belgian anti-discrimination legislation also provides for civil sanctions. The law
nullifies contractual provisions that discriminate against a person because of a protected
criterion, and victims of discrimination may obtain an injunction to stop discriminatory
behaviour under the threat of a fine.
B.
Institutional and policy measures
18.
The Working Group recognizes the important work of Unia in the protection and
promotion of human rights, and in documenting racism and inequality at the federal and
regional levels. Its reports and diversity barometers provide important information on the
human rights situation of people of African descent in Belgium. Unia is an independent
public service, acting as an equality body in accordance with the relevant European
directives, and was re-accredited as a B status national human rights institution in June
2018. Belgium has no A status national human rights institution.
19.
The Working Group appreciates the willingness of public officials to discuss how
public and private institutions may sustain or perpetuate racial disparities. The Working
Group notes with concern the absence of data disaggregated on the basis of ethnicity or race,
particularly for Belgians of African descent whose parents or grandparents were born in
Belgium and for whom national origin is not a proxy for race. Disaggregated data are
required in order to ensure the recognition of people of African descent and to overcome
historical social and structural invisibility. Without such data, it is impossible to ensure that
the commitments of Belgium to equality are realized. Some anti-discrimination bodies have
found proxy data regarding parental origin that have informed equality and anti-racism
analyses. Additional data relating, inter alia, to family reunification may allow these
analyses to be extended to Belgian citizens of African descent.
20.
The Working Group welcomes the institutional and policy measures taken to address
racism, including the setting up of the National Network of Expertise on Crime against
People, a robust infrastructure for combating hate crime that is tasked with reviewing the
implementation of a joint circular from the Minister of Justice, the Minister of the Interior
and the College of Public Prosecutors on the policy of identifying and prosecuting
discrimination and hate-related violence.8
21.
Several initiatives are being taken to combat racism, racial discrimination,
xenophobia and related intolerance. In Brussels, Antwerp, Liège, Namur and Charleroi, the
Working Group received information about social integration and intercultural initiatives
for new arrivals, including referral to language tuition. In particular, the Working Group
welcomes the commitment enshrined in the Liège against Racism charter.
22.
The Working Group welcomes the renaming of the former Square du Bastion in
Brussels as Square Patrice Lumumba, in June 2018, and an exhibition commemorating
Congolese soldiers who fought in the First World War. The Working Group welcomes the
adoption on 25 April 2019 of the law establishing the Federal Institute for the Protection
and Promotion of Human Rights. The Institute should ensure concerted action with sectoral
bodies for the protection and promotion of fundamental rights under federal jurisdiction. It
aims to facilitate dialogue and will cooperate with organizations responsible for the
protection and promotion of human rights at the federal level, with federated entities and
with civil society organizations.
23.
The Working Group welcomes the launch of the International Decade for People of
African Descent at the national level on 25 June 2019. The event was organized by the
Federal Equal Opportunities Administration (part of the Federal Public Service for Justice)
under the mandate of the Minister for Equal Opportunities and with the support of the
Ministry of Foreign Affairs. The stated aim of the event was to contribute both to the
practical implementation of the Decade at the national level and to the preparation of a
future national action plan against racism, through specific measures for people of African
descent. The Working Group recommends that a broad representation of people of African
8
6
Joint circular No. COL 13/2013.
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