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Franet National Contribution
to the
Fundamental Rights Report
2022
BELGIUM
Fundamental Rights Research Centre
s: Júlia Zomignani Barboza, Dr. Serena
Areg
Navasartian, Dr. Aleydis Nissen, Rik
Raedschelders, Danaja Fabcic Povse, Prof. Dr.
Paul de Hert
Disclaimer: This document was commissioned under contract by the European
Union Agency for Fundamental Rights (FRA) as background material for the
Rights Report 202. The information and views
contained in the document do not necessarily reflect the views or the official
position of the FRA. The document is made publicly available for transparency
and information purposes only and does not constitute legal advice or legal
opinion.
2
Contents
Franet country study: policy and legal highlights 2021 .......................... 3
Chapter 1. Equality and non-discrimination .......................................... 5
Chapter 2. Racism, xenophobia and related intolerance ....................... 10
Chapter 3. Roma equality and inclusion ............................................ 30
Chapter 4. Asylum, visas, migration, borders and integration ............... 36
Chapter 5. Information society, privacy and data protection ................. 38
Chapter 6. Rights of the child .......................................................... 49
Chapter 7. Access to justice ............................................................ 52
Chapter 8. Developments in the implementation of the Convention on the Rights
of Persons with Disabilities ................................................... 69
3
Policy and legal highlights 2021
Franet country study: policy and legal highlights 2021
Issues in the
fundamental
rights
institutional
landscape
The secretariat of the Federal Institute for the protection and promotion
of Human Rights was engaged in February 2021, allowing the institute to
start its substantive groundwork.
EU Charter
of
Fundamental
Rights
In 2021, 579 Flemish Court judgments and 655 French Court judgments
referred to the EU Charter of Fundamental Rights. In one case, the
Constitutional Court concluded that the ban on slaughter without
stunning does restrict the right of groups to express their religious
beliefs, however, finds that it meets a pressing societal need and pursues
the legitimate aim of protecting animal welfare and is therefore
proportionate.
Equality and
non-
discriminatio
n
In November 2021, the national action plan of the fight against gender
violence 2021-2025 was adopted, including specific measures to improve
reception of LGBTI+ people in reception centres for asylum seekers and
on centres for victims of sexual violence.
Racism,
xenophobia
& Roma
integration
The federal Parliament set up a Special Commission in charge of research
on Congo Free State and the Belgian colonial past in DR Congo, Rwanda
and Burundi, its impact and the consequences to be given to it.
On 17 September 2021, the Flemish Government decided to prolong the
Roma stewards (Buurtstewards) project in Gent, Antwerp, Sint-Niklaas
and Brussels (VGC) for another year (2022). The project, which started
in 2012, receives annual subsidies from the Flemish Government that
amount to 300,000 euros divided between the cities of Ghent, Sint-
Niklaas, Antwerp and the Flemish Community Commission (VGC).
Asylum &
migration
In 2021, 215 people had their international protection status revoked in
Belgium.
Data
protection
and digital
society
In 2021, Belgium enacted legislation to allow the use of a Covid-safe
ticket (CST) in many sectors in the country.
A bill is currently being discussed to guarantee transparency regarding
the use of algorithms.
Rights of the
child
While classes were suspended due to confinement measures, Flanders
ensured that schools still received children who would be vulnerable in
their homes (vulnerability was assessed by schools together with
psychosocial medical centres and parents). This also applied in
Brussels/Wallonia for children in specific social situations (such as those
who were under the care of the State).
Access to
justice,
including
Discussions are ongoing relating to the proposal to reform the Code of
Criminal Procedure to provide for the audiovisual recording of specific
auditions. Currently, it is mandatory to record the interview of minors or
4
victims of
crime
vulnerable adults, victims or witnesses of certain offences of sexual
character, such as rape, prostitution of minor, etc. A proposal submitted
in 2019 aims at expanding the recording of such auditions for all adults,
victims or witnesses in such cases.
Convention
on the Rights
of Persons
with
Disability
The constitutional amendment of 17 March 2021 inserted article 22ter in
the Belgian constitution, stating that every person with a disability has
the right to full inclusion in society, including the right to reasonable
accommodation.
10
Bulgaria, Romania and Croatia) take longer to find employment than Belgian
citizens in Belgium.
Chapter 2. Racism, xenophobia and related
intolerance
22
2.1 Findings and methodology of research, studies, or surveys on
experiences of ethnic discrimination, racism and hate crime
No less than 40 countries commented on the need to tackle racism and xenophobia
in
Council of May 2021.
23
For example, the Democratic Republic of the Congo urged
Belgian political leaders not to use racism and xenophobia in the exercise of their
functions. China asked
24
Indonesia requested
relation to the COVID-19 pandemic. More hate crimes have been reported since
the beginning of the COVID-19 pandemic, targeting in particular people of
25
For example, in June 2020, a Belgian customer told
26
The Movement Against Racism and Xenophobia
(MRAX) pointed out the many facets of anti-Asian racism and prejudice in an
interview, a Belgian woman of Japanese descent recalls many racist incidents
during her life. MRAX supports the League Against Asiaphobia (Ligue Contre
-speaking part of Belgium which was founded at
the beginning of 2021.
27
The LCA was originally only a French organisation.
28
22
The authors of this chapter Aleydis Nissen and Rik Raedschelders wish to thank Mohamed
Barrie, Heidi Mertens, Raf Njotea, Pieter-Paul Verhaeghe, Evodia Uggi and Emilie Van den Broeck for
their input. The authors are solely responsible for any mistakes.
23
Belgium, United Nations (UN) Human Rights Council (2021), Report of the Working Group on the
Universal Periodic Review, A/HRC/48/8, 14 July 2021.
24
Belgium, ften considered to be overly generic because it mashes
together more than half of the world population, ignoring varying contexts and cultures.
25
Belgium, UN Committee on the Elimination of Racial Discrimination (CERD) (2021), Concluding
Observations on the Combined Twentieth to Twenty-Second Periodic Reports of Belgium,
CERD/C/BEL/CO/20-22, 21 May 2021, para. 18. The first COVID-19 casualties were reported from
Wuhan (China) on 31 December 2019.
26
Belgium, Court of First Instance of Leuven, Chamber 1A (Rechtbank van 1e Aanleg, Leuven,
Chambre 1A) (2020), 25 October 2021.
27
Belgium, Wolwertz, A. (2021), Mobiliser la communauté Asiatique pour les sinistrés, ,
21 August 2021.
28
Belgium, Their website kan be found on Asia 2.0.
by Aleydis Nissen and Rik Raedschelders
11
At the beginning of this chapter, it is necessary to emphasise the importance of
considering racism and xenophobia through an intersectional lens. Kimberlé
Crenshaw famously wrote that the discrimination of wom
29
More generally, it is important to challenge unidimensional
conceptualisations and stress that people who are targets of racism or xenophobia
in Belgium are not a homogenous group. Targets can experience multiple burdens
due to interlocking modes of power including gender, age, sexuality, and
religion.
30
A new Data Hub Equality Data has been created between June 2020 and
September 2021.
31
National Human Rights Institution with B-status under the Paris Principles, and
32
This project is a part of the
This project
strengthens the collection and use of equality data in Belgium and provides a
centralised platform to improve accessibility and transparency. In so doing, it aims
to promote the effective implementation of the principle of non-discrimination in
Belgium. Public institutions and civil society have provided input and are also the
target audience of the Data Hub Equality Data. The final report of this mapping
project finds that there is a lack of data on so-called 'racial' criteria.
33
The process
is not finished. Any request for additions can be communicated to Unia via a web
form. The Hub allows searches of data sources in French and Dutch according to
so-called
community or region, year, type of
r to experiences with
The Data Hub Equality Data refers to various manifestations and incidents of
racism and xenophobia that occurred in Belgium in 2021. It is useful to refer to
three reports here.
34
First, in the yearly external audit report of the Flemish mental
health ombuds service, an ombudsperson of a hospital in Antwerp reported an
35
29
Belgium,
Feminist Criti The
University of Chicago Legal Forum, Vol. 1989, No. 1, p. 140.
30
Belgium, The largest proportion of racist hate crimes in Belgium are ethno-religious in nature.
(See CERD (n 25) para. 17).
31
Belgium, Unia (2020-.
32
Belgium, Equal.be, Improving Equality Data Collection in Belgium.
33
Belgium, Unia (2021), Improving Equality Data Collection in Belgium, Brussels, June 2021,
available at: https://equal.belgium.be/sites/default/files/Rapport_IEDCB_-_NL_1006.pdf.
34
Belgium, Other relevant reports will be discussed below.
35
Belgium, Vlaamse Ombudsdienst (2021), Bemiddelingsboek Ombudsfunctie in Ziekenhuizen en
Geestelijke Gezondheidszorg, 9 March 2021, p. 716, available at:
https://publicaties.vlaanderen.be/view-file/41356.
12
Such conduct manifests itself, amongst others, in generalisations and biases
concerning the supposed religious and cultural customs of people coming from a
certain area, such as Northern Africa. The report fails to report on racist and
xenophobic abuse on account of patients. Moreover, there are few reliable figures
on access to health care on the basis of so-
36
Second,
according to a new study on discrimination in youth football associations, players
of colour and overweight players are frequently targeted.
37
37% of young male
players reported having fallen victim to some form of discrimination. Among young
female players, this percentage rose to 50%. Two-thirds of the parents of players
stated having been witness to some form of discrimination during the previous
two football seasons. Nevertheless, the study concluded that the number of
reported incidents of discrimination had diminished since 2005. Third, we have
requested Unia to add a report on transnational adoptions that was published in
August 2021.
38
After the suspension of such adoptions in the Netherlands,
39
asked an expert panel to give advice. Amongst others, the panel advised paying
more att
during the screening and preparation of the future parents. The panel suggested
- a new knowledge hub of
- can play an important role in these
matters.
40
Particularly worrisome is racism and xenophobia that is promoted by state
institutions. State policies, laws and practices may appear to be neutral, but - in
reality - they often empower some people to disempower others. For example,
crimes are defined acc
disadvantage less powerful groups such as women, people of color, and the
41
The Belgian law does not ensure that racist and xenophobic motivations
are taken into account by national courts as an aggravating factor for all crime
committed, therefore failing to ensure hate crimes are effectively and adequately
prosecuted.
42
The European Commission also started an infringement decision in
February 2021 because Belgium does not adequately transpose the EU rules on
combating racism and xenophobia by means of criminal law. Similarly, during its
36
Belgium, Equal.be, Improving Equality Data Collection in Belgium.
37
Belgium, Wetenschappelijk onderzoek naar
, press release, 22 March 2021; Scheerder, J., Huyghe, E. and
Corthouts, J. (202Mixed-Methods onderzoek naar discriminatie in het Belgische jeugdvoetbal
(deel 5), KU Leuven, PowerPoint presentation.
38
Belgium, Expertenpanel inzake Interlandelijke Adoptie (2021), Eindrapport, 14 August 2021,
available at: www.opgroeien.be/sites/default/files/documents/expertenpanel-interlandelijke-
adoptie-eindrapport-met-aanbevelingen.pdf.
39
Belgium, Rijksoverheid Nederland (2021), Adoptie van buitenlandse kinderen opgeschort.
40
Belgium, Afstammingscentrum (2021), Wie zijn we?
41
Disch, L. and Hawkesworth, M. (eds.), The Oxford
Handbook of Feminist Theory, Oxford, Oxford University Press, p. 722.
42
Belgium, European Commission (2021), February Infringement Package: Key Decisions.
13
the Elimination of Racial Discrimination (CERD) referred, for example, to the
overrepresentation of non-Belgians in prison, and the lack of reliable data on the
national or ethnic origins and the rate and length of imprisonment.
43
The CERD
also questioned the inconsistent and costly procedures that people in irregular
situations must follow in order to obtain emergency health care.
44
However,
according to a new report by Unia and the Belgian Federal Migration Centre Myria
45
Belgium.
46
Institutional racism often remains invisible because it is not sufficiently measured.
Up-to-
produces observable and widespread i
representation in justice institutions and life expectancy.
47
In its 2021 Concluding
Most notably, the CERD concluded that Belgium sho
tools that will allow it to have an overall view of the composition of its
48
The CERD also noted that the existing registering system of hate
crimes and hate speech does not allow for distinguishing them or identifying
specific cases of ethno-religious hatred, such as antisemitism, Islamophobia, anti-
Gypsyism, Afrophobia or anti-Asian hatred.
49
In January 2021, the Belgian
statistical office Statbel announced that it would start publishing new statistics on
the origin of the Belgian population.
50
Statbel said that 19.7% of the Belgian
population has at least one parent of non-Belgian nationality and 12.4% of the
population does not have the Belgian nationality. Looking at non-EU and non-
British nationalities, Morocco and Turkey are the most common countries of origin.
43
Belgium, UN Committee on the Elimination of Racial Discrimination (CERD) (2021), Concluding
Observations on the Combined Twentieth to Twenty-Second Periodic Reports of Belgium,
CERD/C/BEL/CO/20-22, 21 May 2021, para. 26a.
44
Id. para. 26d.
45
Belgium, Unia and Myria (2021), Parallel rapport voor de 20ste tot 22ste periodieke evaluatie van
België, Unia/Myria, Brussels, available at: https://www.unia.be/nl/publicaties-
statistieken/publicaties/comite-tegen-rassendiscriminatie-van-de-verenigde-naties-parallel-
rapport-2021 para. 7.
46
rote
in an op-Belgium, Liga voor de
Racisme bij politie geen imagoprobleem, maar een
, Apache, 12 February 2021.)
47
Belgium, Disch, L. and Hawkesworth, M. (eds.), The
Oxford Handbook of Feminist Theory, Oxford, Oxford University Press, p. 367.
48
Belgium, UN Committee on the Elimination of Racial Discrimination (CERD) (2021), Concluding
Observations on the Combined Twentieth to Twenty-Second Periodic Reports of Belgium,
CERD/C/BEL/CO/20-22, 21 May 2021, paras. 5-6.
49
Id. para. 17
50
Belgium, Statbel (2021), Nieuwe statistiek over diversiteit naar herkomst in België, 13 January
2021.
14
e Flemish youth in school do
not speak Dutch at home.
51
In Brussels, these figures amount to between 72 and
76% of the children that attend Flemish schools.
The Secretary of State in Brussels ordered an audit study from Moore Business
Consulting concerning the Firefighting and Emergency Medical Assistance Service
52
On the basis of 45 in-depth interviews and 479 surveys,
this audit found - in May 2021 - that firefighters in Brussels engaged in racist and
sexist behaviour. Afterwards, Unia published a report with various anonymous
statements of firefighters based on this audit. This report described that
firefighters, especially those of North-African descent, frequently faced racist,
sexist and Islamophobic violence, both physical and verbal, from their
colleagues.
53
For example, some firefighters posted racist and Islamophobic
messages on social media. Female firefighters of colour are particularly at risk.
Two out of three female firefighters stated having faced displays of sexism, often
in the form of sexist remarks or jokes by male colleagues. The Unia report contains
many other examples of racist behaviour and comments by firefighters, directed
toward colleagues but also the general population. In an incident reported by
media outlets, a firefighter threw a banana at a patient of African descent in a
hospital, shouting racist slurs. Unia found that the reaction of the trade unions
the firefighters failed to act sufficiently when confronted with complaints on
racism. This led to a general feeling among the survivors that it was useless and
54
Unia stated that it was imperative for
SIAMU to implement a diversity policy and a new code of conduct, to adapt the
recruitment process and to sanction those members of staff who violate the non-
discrimination principle. In an official reply, SIAMU reacted in great detail to the
factual elements in the Unia report.
55
According to this reply, the hierarchical
structure of SIAMU and developments in the last ten to fifteen years could
its policies and its official
hierarchy. SIAMU also claimed that many complaints in the Unia report were out
51
Belgium, Statistiek Vlaanderen (2021), Leerlingenkenmerken. Unfortunately, we were not able to
localize the report on the French-speaking community in Belgium to which the Data Hub Equality
Data refers.
52
Belgium, Brusselse brandweer doorgelicht: audit legt racisme en seksisme
bloot, Bruzz, 4 May 2021
53
Belgium, Unia (2021), DBDMH, Samenvatting van de getuigenissen, Unia, June 2021, available
at: www.unia.be/nl/publicaties-statistieken/publicaties/racisme-bij-de-brusselse-brandweer-
samenvatting-van-getuigenissen-2021.
54
Id. p.12
55
Belgium, Service d'Incendie et d'Aide Médicale Urgente (SIAMU) (2020),
- , 23 October 2020.
15
of date and that great progress had been made in the last ten years. Despite this,
SIAMU reaffirmed that discrimination is not tolerated and that it wished to further
combat racism within its organisation.
Another continuing problem is racism and xenophobia in the police. The CERD
regretted that there is a lack of comprehensive data on racially motivated police
violence and racial profiling.
56
Both issues will be discussed in turn. First, the CERD
expressed concerns that incidents of racially motivated police violence are treated
as isolated problems and are not dealt with in a consistent and systematic way.
57
A new position paper of the General Insp
there are no clear figures concerning illegitimate police violence, racism and
58
The position paper recommends that more scientific research
on the police is needed. Unia reported in 2021 to the CERD that it received 355
cases relating to police services, among which about 70% were abou
criteria, between 2014 and 2019.
59
In 2020, Unia opened 99 cases relating to
60
In 2021, one such case emerged on video.
61
A police agent used racist and homophobic slurs while she was riding her police
car with a colleague in a diverse inner-city Brussels neighbourhood in 2018. The
CERD noted that it is concerned that police violence and ill-treatment have
intensified during the COVID-19 pandemic and following recent anti-racism
demonstrations in Belgium.
62
Second, the CERD regretted the lack of data about
racial profiling. It is difficult to quantify the number of incidents of racial profiling
56
Belgium, UN Committee on the Elimination of Racial Discrimination (CERD) (2021), Concluding
Observations on the Combined Twentieth to Twenty-Second Periodic Reports of Belgium,
CERD/C/BEL/CO/20-22, 21 May 2021, para. 13 and 14.
57
Id.
58
Belgium, Algemene Inspectie van de Federale Politie en van de Lokale Politie (2021),
, AIG, March 2021,
available at:
https://www.aigpol.be/sites/aigpol/files/attachments/visiedocument%203%20AIG%20zijn%20alle
%20flikken%20onbekwaam_1.pdf.
59
Belgium, Unia and Myria (2021), Parallel rapport voor de 20ste tot 22ste periodieke evaluatie van
België, Unia/Myria, Brussels, available at: https://www.unia.be/nl/publicaties-
statistieken/publicaties/comite-tegen-rassendiscriminatie-van-de-verenigde-naties-parallel-
rapport-2021, para. 28 referring to Unia (2020), Rapport chiffres 2019, Brussels, Unia, p. 43 and
44.
60
Belgium, Unia (2021), Cijferverslag 2020, Brussels, Unia, June 2021 available at:
www.unia.be/files/Documenten/Jaarrapport/CV_2020_Unia_NL_DEF.pdf p. 26; Unia (2021),
Jaarverslag 2020, Brussels, Unia, June 2021, available at
www.unia.be/files/Documenten/Jaarrapport/Unia_Jaarverslag_2020_NL_AS.pdf
61
Belgium, Het Nieuwsblad (2021),
roepen, maar ze ontlopen straffen, 21 January 2021. For more examples between 2016 and 2020,
see Unia and Myria (n Error! Bookmark not defined.) p. 7 and 8.
62
Belgium, UN Committee on the Elimination of Racial Discrimination (CERD) (2021), Concluding
Observations on the Combined Twentieth to Twenty-Second Periodic Reports of Belgium,
CERD/C/BEL/CO/20-22, 21 May 2021, para 13.
16
identity checks which would otherwise be considered racial profiling.
63
Therefore,
the CERD urged Belgium to explicitly prohibit racial profiling by law and to gather
data concerning the issue.
64
In February 2021, a law proposal was introduced to
create a legal framework that allows people to know the reason for a police
control.
65
The law has not been adopted yet, and does not sufficiently resolve the
issues that have been raised by the CERD.
66
According to its 2020 year report
published in June 2021 - Unia receives about 50 complaints per year on the issue
67
Unia refers
to a separate position paper on this issue of 2020.
68
The NGO Amnesty
International recommended the use of so-
69
police officer checking the identity of a person should be required to note the
gender. This would allow for a detailed gathering of reliable data on cases of racial
cams.
70
Police zone Antwerp has developed a framework to deal with racial
profiling, and this framework has been shared with police zones all over the
country.
71
Various organisations emphasise the right of people to film police
actions.
72
63
Id. para.
of Racial Discrimination 103rd Session, 19-
https://www.amnesty.org/en/documents/eur14/3919/2021/en/.
64
Belgium, UN Committee on the Elimination of Racial Discrimination (CERD) (2021), Concluding
Observations on the Combined Twentieth to Twenty-Second Periodic Reports of Belgium,
CERD/C/BEL/CO/20-22, 21 May 2021, 16.
65
Belgium, Wetsvoorstel van de Wet van 5 Augustus 1992 op het Politieambt, met het oog op de
Invoering van een Registratie- en Motiveringsplicht bij Identiteitscontrole (DOC 55/1777/001 van 3
februari 2021).
66
Belgium, Controleorgaan op de Politionele Informatie (2021), Advies Betreffende een
Wetsvoorstel van de Wet van 5 Augustus 1992 op het Politieambt, met het oog op de Invoering
van een Registratie- en Motiveringsplicht bij Identiteitscontrole (DOC 55/1777/001 van 3 februari
2021) DA210016, 14 July 2021, 7, 14 and 16. This information was shared via email by Emilie Van
den Broeck, Unia legal and policy officer (December 2021).
67
Belgium, Unia (2021), Jaarverslag 2020, Brussels, Unia, June 2021, available at
www.unia.be/files/Documenten/Jaarrapport/Unia_Jaarverslag_2020_NL_AS.pdf p 31.
68
Belgium, Politionele selectiviteit, Brussels, Unia, 2020, available at
https://www.unia.be/files/Documenten/Publicaties_docs/Position_Paper_Politionele_Selectiviteit_U
nia_-_NL.pdf
69
Belgium,
Racial Discrimination 103rd Session, 19-
https://www.amnesty.org/en/documents/eur14/3919/2021/en/.
70
Belgium, Unia and Myria (2021), Parallel rapport voor de 20ste tot 22ste periodieke evaluatie van
België, Unia/Myria, Brussels, available at: https://www.unia.be/nl/publicaties-
statistieken/publicaties/comite-tegen-rassendiscriminatie-van-de-verenigde-naties-parallel-
rapport-2021, para. 34.
71
Belgium, This information was shared via email by Emilie Van den Broeck, Unia legal and policy
officer (December 2021).
72
Belgium, E.g. Human Rights Ligue (Ligue des Droits Humains) (2021), Etat des Droits Humains
en Belgique, rapport 2020, EDH, January 2021, available at:, www.liguedh.be/wp-
content/uploads/2021/02/EDH_2020%E2%80%94web.pdf.
17
In June 2021, Unia also published its 2020 statistics report.
73
According to the
statistics report, the number of claims connected to so-(skin
colour, predescent, nationality and national or ethnic origin) rose to
3,684, a 49.5% increase in 2020, compared to 2019. Unfortunately, Unia does not
publish specific gender-
criteria. This is a missed opportunity. Unia can empower women of colour to claim
their rights by measuring and publishing more specific data. Unia only reported
gender-disaggregated data of the total number of claims. It reported that 42.4%
of total claims were made by women and 54.5% by men. There are various
reasons why women are less empowered to file complaints.
74
Amongst others,
they have, in general, less time to do so, due to the gender pay gap and a
disproportionate share in household responsibilities. They might also have
-
The number 3,684 also contains events that were reported multiple times by
various claimants, such as tweets by politicians. The total number of unique cases
that have been registered on the basis of so-
That is a 1.2% increase compared to 2019. Unia did not open files for all these
cases. Unia only opens a file if the following two criteria are met. First, the claim
has to fall under its competence. It has been noted above that Unia is, amongst
others, competent for five so-
competent for the criteria of gender and language. Second, the claimant has to
request advice or another form of intervention by Unia. In 2020, approximately
920 cases of discrimination based on so-
75
This
is similar to the number of opened cases in 2019. Amongst these 920 cases, there
were 244 files against the media (including social media), 196 files about access
to goods and services, 194 files that related to work (including complaints about
neighbourly disputes), 99 files related to police and justice, 52 files related to
education.
-19 pandemic in relation to people of
furthermore explains that
increased dramatically, often resulting in physical violence during the pandemic.
76
73
Belgium, Unia (2021), Cijferverslag 2020, Brussels, Unia, June 2021 available at:
www.unia.be/files/Documenten/Jaarrapport/CV_2020_Unia_NL_DEF.pdf; Unia (2021), Jaarverslag
2020, Brussels, Unia, June 2021, available at
www.unia.be/files/Documenten/Jaarrapport/Unia_Jaarverslag_2020_NL_AS.pdf.
74
Belgium,
- available upon request).
75
Belgium, Please note that the data reported on the website of Unia, in the statistics report, and in
the separate categories seem to differ slightly.
76
Belgium Unia (2021), Jaarverslag 2020, Brussels, Unia, June 2021, available at
www.unia.be/files/Documenten/Jaarrapport/Unia_Jaarverslag_2020_NL_AS.pdf, p. 2.
18
77
The complaints included various reports on racist slurs, a malicious prank in a
Flemish high school, an incident where a person of Chinese descent was denied
access to a hotel and even, in two reported cases, physical violence.
78
director also addressed the issue of anti-Asian racism in interviews.
79
Complaints
concerning racism during the early months of the pandemic were not limited to
asiaphobia. The report stated that the presidents of two mosques had filed a
complaint against the president of the right-
r the increase in COVID-
19-
80
When Vlaams Belang Member of Parliament Filip De Winter
wrote a tweet deploring the government posters promoting handwashing in March
2020, 13 individual complaints were submitted to Unia.
81
In his initial tweet,
Dewinter mocked the fact that the poster showed a white hand and a black hand.
in this tweet, was signed by 650 people.
descent in the media, it needs to be emphasised here that the media displayed
xenophobia in their reporting.
82
The same newspapers that called out xenophobic
-19 coronavirus), used the term
83
up pictures of the singers of the South Korean boy band BTS in their clickbait
reporting.
84
Such xenophobic references have gone largely unnoticed.
Nevertheless, one isolated event on the Flemish public broadcasting association
77
Id. p. 10.
78
Belgium, Unia (2020), Covid-19: een Test voor de Mensenrechten, Brussels, Unia, p. 34, available
at: www.unia.be/files/Documenten/Publicaties_docs/2020_Rapport_Covid_-_NL.pdf , p. 31
79
, De Standaard Unia ontvangt recordaantal
De Standaard, 21 March 2021.
80
Unia (2021), Jaarverslag 2020, Brussels, Unia, June 2021, available at
www.unia.be/files/Documenten/Jaarrapport/Unia_Jaarverslag_2020_NL_AS.pdf, p. 34 and 46.
81
Unia (2020), Covid-19: een Test voor de Mensenrechten, Brussels, Unia, p. 34, available at:
www.unia.be/files/Documenten/Publicaties_docs/2020_Rapport_Covid_-_NL.pdf
82
Belgium, The CERD regretted that people of African descent are not sufficiently represented in the
media UN Committee on the Elimination of Racial Discrimination (CERD) (2021), Concluding
Observations on the Combined Twentieth to Twenty-Second Periodic Reports of Belgium,
CERD/C/BEL/CO/20-22, 21 May 2021, para. 24(c)).
83
Belgium, E.g. Het Belang van Limburg (2021),
, 19 January 2021; Het Belang van Limburg (2021),
Wat als je je niet laat vaccineren? En zijn de vaccins bestand tegen de Indiase variant? , 13 May
India asks social media to remove reference to 'Indian variant' of
, Reuters, 21 May 2021.
84
Belgium, E.g. Tielens, F. and Torbeyns, A. (2021),
, De Standaard, 27 March 2021; Het Laatste Nieuws (2021),
Influencer ondergaat achttien operaties en naamsverandering om t lijken op BTS-zanger
How South Korean boy band BTS became a K-pop hit by fighting for
, Irish Examiner, 13 June 2018.
19
- which
reaches an audience of over one million people -
85
made headlines because of a
stereotypical joke on the supposed accent of people with Chinese origins (the
-
86
A white character
where she was discussing ordering french fries at a snack bar owned by a person
of Chinese origin. Joey Kwan, a Flemish actress of Chinese descent, denounced
the joke as an example of the increase of negative remarks on Chinese people
since the beginning of the pandemic in an emotional video on social media.
87
It is
interesting to note that some, including a well-known radio presenter, deemed
88
VRT apologised for the incident.
Veto, the student newspaper of the university KU Leuven, also reported in May
2021 that the number of reports on anti-Asian racism had increased.
89
Heidi
had received 22 complaints from students and employees of the university
concerning anti-Asian xenophobia in the previous year. These figures do not reflect
the full scale of anti-Asian racism complaints at KU Leuven. Not all incidents are
reported and many other channels that deal with complaints on racism at the
university, such as the ombudsperson.
90
In an email conversation with the authors
of this chapter, Mertens provided gender-disaggregated data. She received 16
complaints from men and 6 from women. There are no exact figures that describe
Leuven. It has already been noted above that women disproportionately face
barriers when they want to file a complaint.
In a report of March 2021, Unia discussed racism and xenophobia following the
terrorist attacks which took place in France and Belgium between 2014 and
2017.
91
Between 2010 and 2020, Unia received 150 complaints directly or
indirectly concerning the anti-terrorist measures taken by the government. The
number of complaints rose rapidly after the attacks of 2015 and 2016. From 2018
onwards, the number of complaints has strongly diminished. Unia distinguishes
two types of complaints: those pertaining directly to the government measures
85
Belgium, Centrum voor Informatie over de Media (2021), Openbare resultaten, 10 October 2021.
86
Belgium,
, De Standaard, De
Standaard, 9 March 2021.
87
Belgium, Huygebaert, P. (2021), "Thuis"-makers excuseren zich voor "flietjes"-opmerking:
"Daar lach je beter niet mee", VRT NWS, 2 March 2021
88
Belgium, , 13 April
2021.
89
Belgium, Desmet, E. (2021), Meer meldingen van anti-Aziatisch racisme, Veto, 21 May 2021.
90
Id.
91
Belgium, Unia (2021), Maatregelen en Klimaat, Brussels, Unia, June 2021, available at:
www.unia.be/files/Documenten/Publicaties_docs/2021-
03_Maatregelen_en_klimaat_TERAD_2020_NL_maro.pdf
20
and those about the general climate created by these measures. The latter
category often includes complaints concerning the discriminatory behaviour of
individuals and institutions, directly linked to a perceived terrorist threat.
Finally, Unia publishes an online database with court cases.
92
Unia has thus far
published 25 decisions for 2021. Unia does not publish comprehensive gender-
disaggregated data of court cases. However, we have searched for these data to
prepare this chapter. Eight cases were brought on behalf of minority communities,
three cases concerned abuse against couples and families, six cases concerned
alleged racist abuse against boys and men, seven cases concerned alleged racist
abuse against women. It is useful to refer to two complaints that resulted in
convictions. Two women witnessed a discussion between a man and two security
officers in a shopping mall.
93
Upon seeing the two women, the man started abusing
the women
fine of EUR 1,200. In June 2021, a translator, whose name appeared on the list
of sworn translators of the FPS Justice, was sentenced to 6 months of
imprisonment for posting racist and antisemitic posts on Twitter.
94
The interpreter
had sent emails containing racist language to the guardian of a Chilean minor
living with his grandparents in Belgium in 2019. The translator had been asked to
translate a Chilean document pertaining to the child. The translator had to
translate a Spanish text because she had extreme right sympathies. She said that
t the child should be sent back to Chile by a
chartered flight.
2.2 Legal and policy developments or measures relating to the
application of the Framework Decision on Racism and
Xenophobia and the Racial Equality Directive
An Expert Member of the CERD and Country Rapporteur for Belgium, said that the
high-
dialogue reflected the importance that Belgium placed on dialogue.
95
The CERD
recommended that its concluding observations be made readily available and
92
Belgium, Unia (2021), Jurisprudence [Decisions between 1 January 2021 and 25 October 2021
have been published at the time of writing].
93
Belgium, Correctional Court of West-Flanders, Department of Kortrijk, 17th Chamber
(Correctionele Rechtbank West-Vlaanderen, Afdeling Kortrijk, Kamer 17) (2021), 22 February 2021.
94
Belgium, Correctional Court of Luxembourg, Department of Arlon, 14th Chamber (Tribunal
Correctionnel du Luxembourg, Section Arlon, 14ème Chambre) (2021), 3 March 2021.
95
Belgium, UN Human Rights Office of the High Commissionar (OHCHR) (2021), In Dialogue with
Belgium, Committee on the Elimination of Racial Discrimination Asks about Lack of Data on Ethic
Origin and the Removal of Belgian Nationality, press release, 21 April 2021.
21
accessible to the public by Belgium.
96
Unia and some media published a link to the
report on their websites.
97
racism in the police forces that have been reported in section 2.1 above.
98
This
section will discuss eight legal and policy developments that relate to the
application of the Racial Equality Directive and the Framework on Racism and
Xenophobia (section 2.2.2). The FRANET guidelines require to provide information
especially on the efforts and challenges in the partnerships between the state and
civil society or community-based organisations. Due to the major challenges that
exist in Belgium, this will be discussed separately first (section 2.2.1).
2.2.1 Challenges for civil society
The CERD recommended that Belgium continues consulting and increasing its
dialogue with civil society organisations working in the area of human rights
protection, in particular those working to combat racial discrimination.
99
But, four
issues illustrate that structural cooperation between the state and civil society is
difficult. First, the CERD is concerned about the decision of the Flemish
government to withdraw from the cooperation agreement between the federal
state, the communities and the regions on the establishment and operation of
Unia, in order to create its own anti-discrimination institution in Flanders.
100
This
decision has been made in the 2019 Flemish government agreement but needs to
be communicated to the parliaments of the other entities of Belgium by 15
September 2022. The CERD and a number of NGOs are concerned that such a
withdrawal would result in a loss of the resources of Unia and make the system
for the promotion and protection of human rights in Belgium more complex.
Second, the CERD is concerned about the newly established Federal Institute for
the Protection and Promotion of Human Rights for two reasons.
101
On the one
hand, the Institute does not have the mandate to receive and deal with individual
complaints. On the other hand, the Institute has only jurisdiction over
fundamental rights that come under federal jurisdiction. Notably, language is
96
Belgium, UN Committee on the Elimination of Racial Discrimination (CERD) (2021), Concluding
Observations on the Combined Twentieth to Twenty-Second Periodic Reports of Belgium,
CERD/C/BEL/CO/20-22, 21 May 2021, para. 36.
97
Belgium, Unia and Myria (2021), Parallel rapport voor de 20ste tot 22ste periodieke evaluatie van
België, Unia/Myria, Brussels, available at: https://www.unia.be/nl/publicaties-
statistieken/publicaties/comite-tegen-rassendiscriminatie-van-de-verenigde-naties-parallel-
rapport-2021. E.g. De Standaard (2021), Verenigde Naties bezorgd om racisme en geweld bij
Belgische politie, 3 May 2021.
98
Belgium, E.g.id; RTBF (2021), Les violences policières et le profilage racial en Belgique épinglés
par un comité des Nations-Unies 1 May 2021; Meijer, J. (2021), VN veroordeelt structureel racisme
bij Belgische politie, Apache, 16 June 2021.
99
Belgium, UN Committee on the Elimination of Racial Discrimination (CERD) (2021), Concluding
Observations on the Combined Twentieth to Twenty-Second Periodic Reports of Belgium,
CERD/C/BEL/CO/20-22, 21 May 2021, para. 35.
100
Id. para. 9.
101
Id. para. 7-8.
22
of language discrimination against
102
The NGOs Association for the
they felt excluded from the legal process that created the Institute (despite alleged
promises that they would be included in this process).
103
Third, the CERD is
against racism, despite the recommendation to make this plan in its previous
concluding observations to Belgium in 2014
104
The Secretary of State for Gender
Equality and Equal Opportunities Sarah Schlitz announced in Parliament that she
aims to launch this plan in 2021. Unia and a coalition of 60 civil society
organisa
development.
105
The CERD recommended greater participation by relevant civil
society actors and representatives of groups in the development of the plan.
106
The CERD furthermore stressed that the plan should include the structural
dimension of racial discrimination and set measurable goals and deadlines for
achieving them.
107
Thereto, sufficient resources should be allocated for the
effective implementation and monitoring of the plan.
108
Fourth, the Flemish
cancelled in 2020. Its director, Landry Mawungu, called the decision
109
Flemish Minister for Equal Opportunities Bart Somers
declared that funding would go to Join.Vlaanderen, another organisation that had
been created just before the deadline for claiming funds. In November 2020, the
because the Minister had insufficiently motivated this decision.
110
In January 2021,
102
Id.
103
Belgium, APFF and ADHUM (2021), Alternative report of the Association for the Promotion of the
Francophonie in Flanders (APFF) and the Association for the Promotion of Human Rights and
Minorities (ADHUM) to the Committee on the Elimination of Racial Discrimination (CERD) with a view
to examining the periodic report of the Belgian State, March 2021, para 3, available at:
https://tbinternet.ohchr.org/Treaties/CERD/Shared%20Documents/BEL/INT_CERD_NGO_BEL_446
42_E.pdf. See also Ligue des Droits Humains (n 72) p. 5.
104
Belgium, UN Committee on the Elimination of Racial Discrimination (CERD) (2021), Concluding
Observations on the Combined Twentieth to Twenty-Second Periodic Reports of Belgium,
CERD/C/BEL/CO/20-22, 21 May 2021, para. 11.
105
Belgium, Unia and Myria (2021), Parallel rapport voor de 20ste tot 22ste periodieke evaluatie
van België, Unia/Myria, Brussels, available at: https://www.unia.be/nl/publicaties-
statistieken/publicaties/comite-tegen-rassendiscriminatie-van-de-verenigde-naties-parallel-
rapport-2021, para 6 and R2.
106
Belgium UN Committee on the Elimination of Racial Discrimination (CERD) (2021), Concluding
Observations on the Combined Twentieth to Twenty-Second Periodic Reports of Belgium,
CERD/C/BEL/CO/20-22, 21 May 2021, para. 12.
107
Id.
108
Id.
109
Belgium, Bart Somers stopt subsidie voor Minderhedenforum en noemt het een
, MO, 10 November 2020.
110
Belgium, Council of State () (2020), Arrest 249.047, 25 November
2020.
23
it was announced that Minderhedenforum and Join.Vlaanderen would merge by
the beginning of 2022.
111
2.2.2 Legal and policy developments
This section will discuss nine legal and policy developments that relate to the
application of the Racial Equality Directive and the Framework on Racism and
Xenophobia.
To begin, a number of decolonisation efforts have taken place in 2021. We have
identified four efforts. First, the federal Parliament set up a Special Commission in
charge of research on Congo Free State and the Belgian colonial past in DR Congo,
Rwanda and Burundi, its impact and the consequences to be given to it.
112
The
mandate of the Commission includes developing recommendations on how to deal
with Bel
Belgians (including Belgians of Congolese Rwandan and Burundian origin), and
optimising relations between Belgians and Congolese, Rwandans and Burundians.
The Commission published an extensive report in October 2021.
113
The report has
three parts: histories; memory, reparation and participation; and colonialism and
racism. The last part has two sections. Laure Uwase first discusses the connection
between anti-black racism and colonialism. Afterwards, Anne Wetsi Mpoma
investigates current forms of colonialism and the connection between racism and
colonialism. Many issues, including institutional racism and discrimination, racism
in football, lack of diversity in the media, internalised racism, stereotypes, white
privilege, racist memes, adoption, racial profiling and police violence are
discussed. A small number of references in the report specifically refer to policy
developments that have taken place in 2021. We have selected two issues. First,
Leopold II tunnel.
114
A contest was organised to rename the tunnel after a woman.
Mpoma questions why the tunnel was named after Annie Corby, who used racist
slurs in her songs. Moreover, much more effort will need to be made by Belgium.
For example, throughout the report the Commission questions why primary and
high school curricula do not adequately reflect the history of colonisation or the
111
Belgium, De Witte, L. (2021), Minderhedenforum en Join.Vlaanderen slaan handen in elkaar, VRT
NWS, 7 January 2021.
112
Belgium, Chamber of Representatives (Kamer van Volksvertegenwoordigers / Chambre des
Représentents) (2020), Bijzondere commissie belast met het onderzoek over Congo-Vrijstaat
(1885-1908) en het Belgisch koloniaal verleden in Congo (1908-1960), Rwanda en Burundi (1919-
1962), de impact hiervan en de gevolgen die hieraan dienen gegeven te worden, 1462/001, 17 Juli
2020.
113
Belgium, Chamber of Representatives (Kamer van Volksvertegenwoordigers / Chambre des
Représentents) (2021), Bijzondere commissie belast met het onderzoek over Congo-Vrijstaat
(1885-1908) en het Belgisch koloniaal verleden in Congo (1908-1960), Rwanda en Burundi
(1919-1962), de impact hiervan en de gevolgen die hieraan dienen gegeven te worden. Verslag
van de deskundigen, 1462/003, 26 October 2021.
114
Id. pp 640-641. See also Belgium, ERD (2021), Summary record of the 2815th meeting,
CERD/C/SR.2815, 29 April 2021, para. 41.
24
history and contributions of people of African descent in Belgium. This issue was
also discussed by the CERD.
115
Second, there are recommendations to work with
the African diaspora in the cultural sector, in particular in museums, throughout
the report. A number of researchers and curators have also asked the Belgian
of cultural heritage from (post-
116
Furthermore, the
Secretary of State for Science Policy expressed
have been acquired illegitimately by our ancestors' to the Congolese people.
117
Second, Belgium - as a Member State of the EU - will commit again to fight all
forms of racism, racial discrimination, xenophobia and related intolerance, and all
forms of violence and discrimination, including all instances of advocacy of hatred.
This is an essential element of the new Partnership Agreement with the
Organisation of African, Caribbean and Pacific States that was initialled in April
2021.
118
Third des
to have a clearer understanding of the different aspects and dynamics behind
discrimination and the effectiveness of government measures againt racism.
119
In
September 2021, the Cell published information about nine projects that were
subsidised in 2020 on its website.
120
For example, Sankaa, an NGO dealing with
racism against black people, started undertaking a narrative research project.
121
personal testimonies on racism as perceived by victims of xenophobia. Sankaa is
collecting 600 testimonies in the form of individual 60- to 120-minute interviews
conducted by trained volunteers.
122
Fourth, in the Brussels-
) six different panels
(statistics, data and research; housing; economy, job opportunities and public
115
Belgium, UN Committee on the Elimination of Racial Discrimination (CERD) (2021), Concluding
observations on the combined twentieth to twenty-second periodic reports of Belgium,
CERD/C/BEL/CO/20-22, 21 May 2021, para. 30.
116
Belgium, Restitution Belgium (2021), Ethical Principles for the Management and Restitution of
Colonial Collections in Belgium, June 2021, available at:
https://restitutionbelgium.be/en/report#conclusions.
117
Belgium, Rankin, J., Belgium unveils plans to return DRC artworks stolen during colonial rule ,
The Guardian, 7 July 2021.
118
Belgium, Art 9.2 Partnership Agreement Between [the European Union / The European Union
and its Member States], of the one part, and Members of the Organisation of African, Caribbean
and Pacific States, of the Other Part (initialled in 2021) available at:
https://ec.europa.eu/international-partnerships/system/files/negotiated-agreement-text-initialled-
by-eu-oacps-chief-negotiators-20210415_en.pdf.
119
Belgium, Equal.be (2021), Subsidies.
120
Belgium, Equal.be (2020), Projectoproep 2020.
121
Belgium, Sankaa (2021), Racisme ontrafeld.
122
Belgium, This information was gathered during a videoconference of one of the authors with
25
office; public space and mobility; prevention and sensibilisation and finally social
affairs, healthcare and access to services). Members of Parliament and
government, representatives of other government institutions, experts on the field
of discrimination and NGOs combatting racism participated. On 21 October 2021
the panels presented their reports in the regional parliament and on 9 November
2021 several civil society organisations (such as Actiris) were invited to react to
the reports.
123
On the basis of these reports and reactions, the Brussels Secretary
of State for Equal Opportunities will propose a Regional plan in collaboration with
the other members of the Brussels regional government. In November 2021, the
Brussels Secretary of State for Equal Opportunities already launched an awareness
campaign called #BrusselsYouCanDoIt. The campaign included posters in metro
stations, a song denouncing racism and a website raising awareness among
Brussels citizens.
124
ot exist.
Fifth, in the French Community, the Minister for Equal Opportunities Frédéric
in March 2021.
125
Coincidently, the campaign was
launched in Liège only a week after a Black Lives Matter manifestation took place
in that same city. The manifestation had turned violent: nine people (amongst
whom five police officers) were taken to hospital and rioters caused considerable
damage to shops in the city centre.
126
of 15-35 years old. The large-scale project, for which the government of the
French Community provides a budget of 2 million euros, seeks to raise awareness,
among other things by an internet and social media campaign.
Sixth, as major actors in the political life of citizens, the cities and municipalities
also play a part in combating racism and discrimination in daily life. It is beyond
the scope of this chapter to identify every project concerning anti-discrimination
and antiracism in each of the 581 cities and municipalities of Belgium.
Nevertheless, we find it appropriate to report on some of the new initiatives taken
by the major cities in Belgium.
127
The city of Bruges, for instance, presented its
123
Belgium, Videos and programmes of the complete parliamentary debates and the written
reactions of the associations can be found on Belgium, Parliament of the Brussels-Capital Region
(Parlement van het Brussels-Hoofdstedelijk Gewest / Parlement de la Région de Bruxelles-
Capitale) (2021), Assisen tegen Racisme
124
Belgium, Bruzz (2021), Campagne zet Brusselaar aan om racisme te veroordelen , 16
November 2021. See: Belgium, Equal.be (2021), YouCanDoIt Brussels
125
Belgium, Federation Wallonia-Bruxelles (Fédération Wallonie-Bruxelles) (2021), Erreur 404. Le
racisme ne mène NULLE PART.
126
Belgium, Rust teruggekeerd na zware rellen in Luik, burgemeester:
, VRT NWS, 13 March 2021.
127
Belgium, See also: Department of Wellbeing and Society, City of Ghent (Departement Welzijn en
Samenleving, Stad Gent) (2020), Actieplan antidiscriminatie en antiracisme 2020-2025, Ghent, City
26
-
128
In it, Bruges stated the ambition of playing a
precursory role in the European Coalition of Cities Against Racism (ACCER). The
plan contains ten goals that the city would like to realise in the next five years,
including combating discrimination on the housing market, raising awareness
through education, promoting cultural diversity and handling hate crimes.
Charleroi published an equal opportunities action plan in April 2021.
129
The plan
proposed to fight racism by supporting the actions of the Regional Centre for
Integration of Charleroi (CRIC), which organises - among other initiatives - a
yearly campaign on the International Day for the Elimination of Racial
Discrimination. On 21 March 2021, a static demonstration took place in Charleroi
participated. A notable attendee was David Quinaux, the officer responsible for
already a racist act by itself. So in Charleroi, we do not tolera
130
Seventh, the Flemish Media Regulator (
in its latest yearly report that VRT had taken steps to raise awareness about social
issues such as racism and discrimination in its programming.
131
In an internal
directive concerning the rebroadcasting of older programmes, VRT stated its
especially in relation to discrimination and racism.
132
In its integrity code, VRT
insisted on taking action against forms of racism or discrimination within its
organisation.
133
Furthermore, VRT drew attention to discrimination and racism in
interviewing well-known and lesser-known football players, coaches and others
involved with the sport on many forms of institutional and unofficial discrimination
and racism.
134
Three 50-minute episodes were broadcasted on VRT-channel
135
The series aimed to understand
of Ghent, 14 December 2020, available at:
https://stad.gent/sites/default/files/media/documents/20201217_NO_Actieplan%20Antidiscriminat
ie%20en%20Antiracisme%202020_25_DEF.pdf; City of Antwerp (Stad Antwerpen) (2021),
Allemaal Antwerpenaar; City of Liège (Ville de Liège) (2021), Lutte contre les discriminations.
128
Belgium, City of Bruges (Stad Brugge) (2021), Stedelijk plan tegen racisme 2020-2025, City of
Bruges, April 2021, p. 6, available at: www.brugge.be/eccar-brugge-2021-2025-nl.
129
Belgium, City of Charleroi (Ville de Charleroi) (2021) ,
press release, 16 April 2021.
130
Belgium, "Lève-toi contre le racisme": une manifestation statique à
21 March 2021.
131
Belgium, Flemish Media Regulator (Vlaamse Regulator voor de Media) (2021), Rapport 2020,
Brussels, p. 33, available at:
www.vlaamseregulatormedia.be/sites/default/files/pdfversions/toezichtsrapport_vrt_2020.pdf.
132
Id. p. 47.
133
Id. p. 48.
134
Belgium, FC United -
135
Belgium, .
27
racism through the eyes of those perceiving it in the media. Special attention was
discriminatory vernacular in news programmes. In October and November 2021,
a 5-
Canvas.
136
Through interviews with dozens of experts and targets of racism, tv-
journalist Karine Claassen wished to gather a better understanding of the broader
historical, societal, psychological but also emotional aspects of racism in Flanders.
applicants describe their diversity approach.
137
They are requested to consider
four elements in their applications: ethnic-cultural background, gender, sexual
orientation, and life with a disability.
In the Wallonia-Brussels Federation (the French Community), the Supreme
a yearly report in which it stated having received 45 complaints (20% of the total
number of claims filed by the public) in 2020 concerning discrimination, including
sexism and racism in the media.
138
Of these complaints, only one was considered
warranted after close inspection by the Council. In January 2021, an analysis on
s ordered by RTBF, the Francophone counterpart of
VRT. The report, published by Média Animation, an NGO for media education,
stated that in spite of good intentions, there is a serious lack of diversity in the
editorial staff of large media outlets, such as RTBF.
139
The report also stated that
news reports on foreign affairs remain highly partial and biased and that casting
in fiction series is largely based on stereotypical views held by the casting directors
themselves.
140
The report strongly called for new action plans to diversify Belgian
the end of 2020, the NGO Media and Diversity in Action (M&DiA) was created in
French-speaking Belgium to defend the rights of minority groups in the media.
141
There have already been some efforts, including in privately-owned television
media. For example, the Belgian branch of international media chain Vice
broadcasted a series called Diversideas on racism, discrimination and diversity.
142
Eight, the so-
discrimination on the housing and job market have been discussed for some years
136
Belgium, VRT (2021), Het leven in kleur over racisme in Vlaanderen, 21 September 2021.
137
Belgium, Flemish Audiovisual Fund (Vlaams Audiovisueel Fonds) (2021), Diversiteitsaanpak
.
138
Belgium, Supreme Council for Audiovisual Media (Conseil ) (2021),
www.csa.be/wp-
content/uploads/2021/05/CSA_Rapport-2020.pdf.
139
Belgium, Bonvoisin, D., Goffard, C. and Guffens, B. (2021), Racisme, medias et société, Brussels,
Media Animation, p. 138, available at: https://media-animation.be/IMG/pdf/mediaanimation_-
_2021_-_racismemediasetsociete.pdf.
140
Id. p. 138-139.
141
Belgium, Media and Diversity in Action (2021).
142
Belgium, Vice (2021), Diversideas.
28
in Belgium, and in particular Flanders. Unia provided proposals in November 2020
to improve the practice tests by the federal and devolved authorities.
143
In
December 2020, after much discussion and debate, the Flemish government
finally agreed on the implementation of such tests, albeit under a different name,
144
Vlaams Belang heavily
criticised Flemish Minister of Employment Hilde Crevits, claiming the government
145
In March 2021, Federal Minister of Employment
announced that the federal government holds the intention to render the practice
146
It is interesting to note that, according to a VUB study conducted by
Pieter-Paul Verhaeghe, Billie Martiniello and Dounia Bourabain with 899
respondents, approximately two-thirds of respondents were in favour of such tests
to tackle ethnic discrimination in the housing market.
147
For this study, a sample
of people of Belgian origin living in Flanders was interviewed.
148
Earlier, in March
2021, a research team of UGent revealed that, according to tests done in Antwerp,
discrimination is very present in the job market.
149
Stijn Baert and a team of
researchers sent 2,880 job applications to 1,440 job advertisements. The test
-Fle
less chance to receive a positive answer to their application. The city of Antwerp
with stakeholders following these results. The city of Ghent also declared wanting
to continue using practice tests in order to reveal discrimination in the job
market.
150
Unia has published a court decision of February 2021 concerning
151
The manager of an ambulance company in East-Flanders accidentally sent an
143
Belgium, , 18 November
2020.
144
Belgium, Winckelmans, W. (2021), Vlaamse regering begint dan toch met praktijktests De
Actuele vraag 242 (2020-
6 January 2021.
145
Belgium, ,
22 April 2021.
146
Belgium, Minister van Werk Dermagne (PS) wil praktijktests tegen
, VRT NWS, 12 March 2021.
147
Belgium, , 20 September 2021.
148
Belgium, Verhaeghe, P.P., Martiniello, B. and Bourabain, D. (2021), Ethnic prejudices and
public support for anti-discrimination policies on the housing market (working paper).
149
Belgium, Baert, S., Dalle, A., Lippens, L., Nulmeting
Discriminatie op de Antwerpse Arbeidsmarkt Rapportering, 25 May 2021.
150
Belgium, Unia (2021), Gent test voor het eerst arbeidsdiscriminatie en wil daarmee doorgaan, 1
July 2021.
151
Belgium, Court of First Instance East Flanders, Correctional Department Ghent, 14th Chamber
(Rechtbank van eerste aanleg Oost-Vlaanderen, afdeling Gent, Kamer 14), 17 February 2021
29
this was, according to her
152
Ninth, the Royal Belgian Football Association (with the Association des Clubs
Francophones de Football and Voetbal Vlaanderen) launched an ambitious action
153
This project encompasses all the projects
which the RBFA undertakes to combat racism, discrimination, homophobia and
a new inclusion manaer, a diversity board and a National Chamber for
Discrimination and Racis
154
It is important to note that the Association des
Clubs Francophones de Football and Voetbal Vlaanderen are subsidised by the
-plan.
152
Belgium, ,
24 February 2021.
153
Belgium, Royal Belgian Football Association (2021), Come Together.
154
Id.
78
Thematic area
RACISM, XENOPHOBIA AND RELATED INTOLERANCE
Please provide one example of a promising practice to address racism and xenophobia.
Please give preference to a promising practice about either: active cooperation with CSOs
in addressing racism and hate crime; or combating racism and unequal treatment in the
context of the COVID-19 pandemic. Where no such practice exists, please provide one
example of a promising practice related more generally to combating racism,
xenophobia, and related intolerances.
Title (original
language)
Come Together
Title (EN)
Come Together
Organisation
(original
language)
Koninklijke Belgische Voetbalbond / Union Royale Belge des Sociétés de Football-Association;
Assocation des Club Francophones de Football;
Voetbal Vlaanderen
Organisation (EN)
Royal Belgian Football Association (RBFA);
Association of Francophone Footballclubs;
Football Flanders
Government /
Civil society
Federal Government
Government of the French Community of Belgium (Federation Wallonia-Brussels)
Flemish Government
Funding body
Come Together | Royal Belgian FA (rbfa.be) (FR)
Come Together | Royal Belgian FA (rbfa.be) (NL)
Come Together | Royal Belgian FA (rbfa.be) (EN)
79
Reference (incl.
URL, where
available)
March 2021 (start date)
Indicate the start
date of the
promising practice
and the finishing
date if it has
ceased to exist
Action plan against racism and discrimination in the football sport in Belgium.
Type of initiative
The campaign targets the entire football community including players, fans and video referees in
Main target group
The action plan is to be implemented on all levels: national, regional and local.
Indicate level of
implementation:
Local/Regional/N
ational
Federal Government
Government of the French Community of Belgium (Federation Wallonia-Brussels)
Flemish Government
80
Brief description
(max. 1000 chars)
The goal of the action plan is to eradicate racism and discrimination in the football community in
Belgium. The plan was conceived together with various stakeholders, including the government.
Football is a reflection of our society and should play a leading role in anti-racism and anti-
discrimination campaigns. The action plan encompasses all the projects which the RBFA undertakes
to combat racism, discrimination, homophobia and other forms of inequality. Key elements of the
plan include an accessible hotline, the appointment of an inclusion manager, a diversity board and a
National Chamber for Discrimination and Racism.
Highlight any
element of the
actions that is
transferable (max.
500 chars)
One of the most innovative and transferable elements in the plan is that referees are henceforth provided
with a new incident form, which includes a case for incidents concerning racism and discrimination. Referees
have to report any incident that is reported to them, even if they did not see or hear this incident (Articles
B11.234 and B11.235).
Give reasons why
you consider the
practice as
sustainable (as
The impact of the campaign is sustainable because it introduced new and enduring institutions in
order to combat racism and discrimination. These institutions include notably the introduction of a
National Chamber for Discrimination and Racism. The Chamber which consists currently of (only)
2 female and 4 male Members - can impose sanctions on clubs, players, coaches and club
managers. The sanctions include such as a stadium ban or the obligation for clubs to play behind
closed doors or on neutral ground. The decisions of the Chamber are subject to an appeal to the
Belgian Court of Arbitration for Sport.
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Give reasons why
you consider the
practice as having
concrete
measurable
impact
Every year, the organisations will report upon the progress made to the media. The action plan
furthermore sets out that a university will be approached in order to measure its impact every two
years. In addition, collaborations with various universities will take place in order to ensure that
students write thesis projects on the action plan. The plan will certainly be followed with great
scrutiny in traditional news media and social media. It is interesting to point out that racist remarks
made by fans during football matches have sparked renewed media interest in December 2021.
During a press conference after a football match, a well known Belgian football trainer of Congolese
West-Flemish team. A famous football player for the Belgian Red Devils who is also of Congolese
investigating the incidents. The matter may be transferred to the National Chamber for
Discrimination and Racism.
Give reasons why
you consider the
practice as
transferable to
other settings
and/or Member
States?
Sports play an important role in social and cultural life in all Member States.
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Explain, if
applicable, how
the practice
involves
beneficiaries and
stakeholders in
the design,
planning,
evaluation, review
assessment and
implementation of
the practice.
The action plan is an example of cooperation on a national, regional and local level because it has been
adopted with the support of both linguistic football associations of Belgium (the French- and Flemish-
spreaking associations). It is funded and supported by different government bodies in Belgium.
The action plan was conceived after deliberation with several stakeholders. More precisely, 20 people,
notably (former) football players, referees, managers and representatives of the Youth Council (Jeugdraad)
worked alongside the football associations (RBFA, Voetbal Vlaanderen and ACFF) in order to create a plan to
Voetbalbond pakt uit met nieuw actieplan tegen racisme en
discriminatie
Explain, if
applicable, how
the practice
provides for
review and
assessment.
In May 2021, it was announced that 14 new members of the Diversity Board had been installed (RBFA
(2021), Ontdek ons RFBA Diversity Board, 5 May 2021). (Only 4 out of 14 members were women.) The
Diversity Board is to convene 4 times per year to implement and if necessary modify the action plan.