32/8 Report of the Working Group on the Universal Periodic Review - Belgium
Document Type: Final Report
Date: 2016 Apr
Session: 32nd Regular Session (2016 Jun)
Agenda Item: Item6: Universal Periodic Review
GE.16-05884 (E) 200416 200416
Human Rights Council Thirty-second session
Agenda item 6
Universal periodic review
Report of the Working Group on the Universal Periodic Review*
Belgium
* The annex is being circulated in the languages of submission only.
United Nations A/HRC/32/8
General Assembly Distr.: General 11 April 2016
English
Original: English/French
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Contents
Page
Introduction ................................................................................................................................... 3
I. Summary of the proceedings of the review process ...................................................................... 3
A. Presentation by the State under review ................................................................................. 3
B. Interactive dialogue and responses by the State under review .............................................. 6
II. Conclusions and/or recommendations ........................................................................................... 14
Annex
Composition of the delegation ...................................................................................................... 28
GE.16-05884 3
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its twenty-fourth session from 18 to 29
January 2016. The review of Belgium was held at the 6th meeting on 20 January 2016. The
delegation of Belgium was headed by the Deputy Prime Minister and Minister of Foreign
Affairs, Foreign Trade and European Affairs, Didier Reynders. At its 10th meeting, held on
22 January 2016, the Working Group adopted the report on Belgium.
2. On 12 January 2016, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Belgium: China, Georgia and Namibia.
3. In accordance with paragraph 15 of the annex to Human Rights Council resolution
5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents
were issued for the review of Belgium:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/24/BEL/1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/24/BEL/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/24/BEL/3 and Corr.1).
4. A list of questions prepared in advance by the Czech Republic, Germany, Mexico,
the Netherlands, Norway, Slovenia, Spain, the United Kingdom of Great Britain and
Northern Ireland and the United States of America was transmitted to Belgium through the
troika. These questions are available on the extranet of the universal periodic review.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The Deputy Prime Minister and Minister of Foreign Affairs, Foreign Trade and
European Affairs in his introductory statement noted that Belgium attached particular
importance to a universal human rights policy. It promoted the implementation of human
rights at the international, European and bilateral levels. Belgium also considered it
essential to apply these universal principles at the national level and remained committed to
fulfilling its obligations in that regard. The protection of human rights required constant
vigilance. The peer review was an important exercise aimed at protecting and strengthening
the implementation of these fundamental rights.
6. The Minister also recalled that Belgium was a federal State. The protection of
human rights was therefore ensured on several levels of government. Accordingly, the
national report was the result of close consultation between the various constituent parts of
Belgium, including the Communities, which were responsible, inter alia, for education and
cultural issues, and the Regions, which were in charge of territorial matters. Belgium also
continued to strengthen its legislative, legal and policy framework in that respect, with a
view to protecting human rights in the country. This institutional framework entailed
responsibilities at different levels of government, but also shared responsibility in certain
areas.
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7. The Minister stated that human rights were effectively promoted and protected in
Belgium, through the existing legislative framework and through its strict implementation.
Belgium attached great importance to these universal international standards and made a
determined effort to implement them. That also explained why Belgium was among the
limited group of countries that were never late in submitting their periodic reports to United
Nations treaty bodies.
8. Belgium had acceded to most of the international human rights conventions. Since
the last universal periodic review, Belgium had acceded to the International Convention for
the Protection of All Persons from Enforced Disappearance in 2011 and in 2014 to the
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
and the Optional Protocol to the Convention on the Rights of the Child on a
communications procedure. The ratification procedures for the Council of Europe
Convention on Preventing and Combating Violence against Women and Domestic
Violence had been completed and Belgium would shortly be formally depositing its
instrument of ratification with the Council of Europe.
9. The Minister continued his statement by stressing that the fight against all forms of
discrimination was a central concern of Belgium. The Government therefore took its
commitments to gender equality very seriously. The issue was the focus of special attention
at all levels of government. Various laws had been adopted with the aim of improving the
representation of women in professional and political life. Progress made in that regard had
been encouraging. Particular attention had also been paid to combating sexism and
promoting equality through education. Belgium had also adopted a new ambitious and
comprehensive national plan to combat gender-based violence for the period of 2015-2019.
10. Regarding the combat against racism and xenophobia, legislative and legal
instruments had been amended so as to better detect and punish discrimination and violence
based on racial hatred. The training component — whether for the police or for teachers —
had not been forgotten. Combating specific discrimination against lesbian, gay, bisexual
and transgender (LGBT) persons had also received particular attention, with a focus on
both prevention and protection. In line with the Convention on the Rights of Persons with
Disabilities, Belgium had established a new legal protection status based on the autonomy
of persons with disabilities. The new law on legal capacity, which had entered into force on
1 September 2014, provided that a person shall be considered capable, unless expressly
deemed incapable of certain acts by the justice of the peace. The new system was based on
the individual needs of the person requiring protection. Measures had also been taken to
prevent the placement in prison of persons who required psychiatric confinement. The
opening of a new centre of forensic psychiatry and establishment of long-term residence
units for detainees in psychiatric institutions had led to a substantial reduction in the
number of persons requiring psychiatric confinement that were held in prisons. Projects
aimed at optimal social integration were ongoing.
11. In the area of justice, Belgium had launched a series of initiatives aimed at reducing
prison overcrowding. It had thus invested in new institutions and had renovated existing
structures. It had also taken measures to strengthen alternative penalties to imprisonment.
The results of these measures had been encouraging and had helped to reduce prison
overcrowding from 25 per cent to 8 per cent.
12. The Minister also referred to the adoption in 2011 of the Act amending the Code of
Criminal Procedure (the “Salduz” Act), which set forth several important new rights,
including the right to consult privately with a lawyer before being questioned and the right
of persons deprived of their liberty to be assisted by a lawyer during hearings and
interrogations. Significant efforts had been made to ensure that judicial proceedings were of
a reasonable length. Moreover, a compensation procedure was available in the event of
excessively long criminal proceedings.
GE.16-05884 5
13. Belgium paid particular attention to combating poverty and had developed tools to
better target poverty reduction measures, such as the inter-federal poverty barometer. To
strengthen the focus on children’s rights in this context, a national plan to combat child
poverty had been approved in 2013. A second plan would shortly be finalized.
14. With regard to asylum, the Minister said that every asylum seeker could submit an
application, in accordance with the international conventions in force. Applicants were
informed of their rights throughout the process. Legislation had been amended in an effort
to address certain shortcomings identified by international and national courts. The new
Federal Migration Centre took an active approach to ensuring respect for human rights
under its reception policy. Specific measures had been adopted to protect women and
children. Reforms had also been introduced to ensure that minors were no longer held in
secure centres. Secure centres were solely used subject to international law for specific
cases governed by law.
15. Like many other member States of the European Union, Belgium had experienced a
significant increase in the number of asylum applications lodged during the second half of
2015. Considerable efforts had been made within a very short time frame to strengthen
reception capacity. The number of places in the reception network had thus risen from
18,000 places in June 2015 to nearly 33,500 places by the end of December 2015.
16. Since 2011, Belgium had maintained its strenuous efforts to combat trafficking in
persons. A new national action plan for the period 2015-2019 had been adopted in 2013, as
well as three criminal laws, which expanded the scope of application to all forms of sexual
exploitation and increased the number of judicial tools available to combat this scourge.
17. Two projects were being developed by the current Government. The first was the
outline of a national plan on “human rights and businesses”, which was due to be adopted
shortly. The second was the establishment, scheduled for the end of this parliamentary
term, of an independent national human rights mechanism, in accordance with the
principles relating to the status of national institutions for the promotion and protection of
human rights (Paris Principles). Belgium had many instruments related to such a
mechanism, including the National Commission on the Rights of the Child, the Centre for
Equal Opportunities and mediation services that were independent of the Executive. The
first challenge would therefore consist in integrating the various existing instruments into a
coherent whole and adding activities in areas that had not yet been addressed.
18. Although minorities benefited from many national and international protection
mechanisms in Belgium, the Framework Convention for the Protection of National
Minorities, to which Belgium, as well as other countries, had made a reservation, had not
yet been ratified. The reservation made by Belgium was as follows: “The Kingdom of
Belgium declares that the Framework Convention applies without prejudice to the
constitutional provisions, guarantees or principles, and without prejudice to the legislative
rules which currently govern the use of languages. The Kingdom of Belgium declares that
the notion of national minority shall be defined by the inter-ministerial conference of
foreign policy”. This issue fell under the remit of federal and federated entities. To date, no
agreement on a definition had been agreed in Belgium between the various authorities
responsible for assenting to the text. A working group was charged with addressing this
issue, in particular with a view to defining the concept of minorities. Since Protocol No. 12
to the Convention for the Protection of Human Rights and Fundamental Freedoms
(European Convention on Human Rights) aimed at eliminating all forms of discrimination
had not yet been approved by all entities, Belgium was unable to ratify it. The Flemish
Government wished to await the jurisprudence of the European Court regarding the scope
of this Protocol.
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19. The Minister went on to address the issue of terrorism, a global phenomenon that
had reached a scale never seen before. Belgium had not been spared: the first attack
committed in Europe by a jihadist returning from Syria had taken place in Brussels in 2014.
Numerous provisions to combat terrorism had been in force in Belgium for several years. In
2006, a national action plan had been adopted to combat radicalization, which was currently
under review. Strengthening measures to combat radicalism formed a key part of the 2014
Government Agreement. A comprehensive and integrated stance had been taken, based on
close cooperation among the various stakeholders, improved information sharing and a
combination of administrative and judicial approaches. In 2015, the Government had
approved two sets of new measures to combat radicalization. These measures were of both
a preventive and a repressive nature. Upstream, the Government was making every effort to
ensure that all Belgian citizens felt involved and efforts were ongoing in the education
sector in that regard. Downstream, the State had to ensure public security in the face of the
terrorist threat. Belgium remained willing to assume its responsibilities in this context and
would continue to do so, in accordance with its international human rights commitments.
20. In conclusion, the Minister of Foreign Affairs, Foreign Trade and European Affairs
emphasized the long tradition of collaboration between successive Belgian Governments
and civil society. The Belgian authorities regularly consulted and listened to civil society.
The report for universal periodic review had been circulated among civil society
organizations, which had made detailed, critical comments on several issues contained
therein and had highlighted the progress that were still needed in Belgium in terms of
human rights. While collaboration had been intensive, there was always room for
improvement. Having taken note of the comments made by civil society on the Belgian
approach towards the preparation of its report for universal periodic review, the
Government was determined to work with all relevant authorities on measures to further
refine the process in the future. In the follow-up to the session of the Working Group on the
Universal Periodic Review, it would certainly engage in a constructive dialogue with civil
society.
B. Interactive dialogue and responses by the State under review
21. During the interactive dialogue, 100 delegations made statements.
Recommendations made during the dialogue are to be found in section II of the present
report.
22. Togo welcomed the ratification by Belgium of several international instruments as
well as the measures taken to combat racism and discrimination.
23. Tunisia welcomed the adoption of policies and measures to prosecute acts of
discrimination and hate-related violence. It also encouraged Belgium to continue its efforts
in favour of official development assistance.
24. Turkey expressed concern about the rise of Islamophobic acts and noted that
religious freedom for Muslims was limited at school, at work and in administration.
25. While acknowledging the efforts undertaken, Ukraine encouraged Belgium to take
further measures, in cooperation with civil society, to monitor and implement the
recommendations of the universal periodic review.
26. The United Arab Emirates commended Belgium for its promotion of the rights of
vulnerable groups. It expressed concern about reports of religious discrimination and
Islamophobia.
27. The United Kingdom encouraged Belgium to expedite the process of the
establishment of a national human rights institution.
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28. While noting the efforts of Belgium to combat discrimination, the United States
expressed concern about instances of discrimination against members of minority groups.
29. Uruguay considered that the independence of the national human rights institutions
enshrined in the principles relating to the status of national institutions for the promotion
and protection of human rights (the Paris Principles) was a fundamental principle to
respect, and noted that several actors were concerned about overcrowding in prisons.
30. Uzbekistan noted the concern of United Nations human rights bodies about
Islamophobia and anti-Semitism, and the excessive use of force by law enforcement
representatives against immigrants.
31. The Bolivarian Republic of Venezuela expressed concern about the prison system in
Belgium and the overcrowded conditions systematically described by international bodies
as cruel, inhuman or degrading treatment.
32. Zambia called upon Belgium to take measures to combat racially motivated violence
and ill-treatment by police officers targeting persons with immigrant backgrounds.
33. Afghanistan commended Belgium for its training programmes for judges, police
officers and other professionals aimed at combating gender-based violence.
34. Albania commended Belgium for the progress achieved in the area of human rights.
35. Algeria welcomed the enactment of new legislation, such as the 2013 law which
provided for heavier penalties for certain offenses with racial motivations.
36. Angola encouraged Belgium to continue its efforts to improve prison capacity and
find alternatives to imprisonment.
37. Argentina welcomed the ratification by Belgium of the International Convention for
the Protection of All Persons from Enforced Disappearance and the work carried out by the
authorities to address racism and discrimination.
38. Armenia welcomed the instruments set up by Belgium in the framework of the fight
against racial discrimination, extremism and xenophobia.
39. Australia acknowledged efforts made by the Belgian Centre for Equal Opportunities
on the implementation of obligations under the Convention on the Rights of Persons with
Disabilities.
40. Azerbaijan welcomed the ratification of several international human rights
instruments by Belgium since its first review.
41. Bahrain expressed concern about xenophobic speeches by politicians in the media
and cases of xenophobia amongst law enforcement bodies.
42. Bangladesh expressed appreciation for the actions adopted by Belgium to curb racial
discrimination. Nonetheless, it noted the concern of the Committee on the Elimination of
Racial Discrimination about acts of Islamophobia in Belgium.
43. Belarus noted measures to combat racism, extremism and xenophobia, but
considered that a holistic approach was needed to root out their causes. It noted that priority
should be given to addressing a high level of poverty.
44. Benin welcomed the measures undertaken by Belgium to address prison
overcrowding situations, improve the conditions of detention and fight against racial
discrimination.
45. Botswana welcomed the measures adopted by the French Community for combating
racism and discrimination, and encouraged Belgium to adopt a national action plan against
racism.
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46. The Plurinational State of Bolivia welcomed the progress made by Belgium since its
first review.
47. Sweden commended the initiative of Belgium to reduce violence against women. It
noted, however, a high unemployment rate among foreign-born citizens.
48. Bulgaria commended the commitment of Belgium to the process and
implementation of the universal periodic review, and noted that combating racism,
extremism and xenophobia remained a priority for Belgium.
49. Burkina Faso commended Belgium for the measures taken to find alternatives to
imprisonment, strengthen the rights of persons under criminal investigation, and reduce
prison overcrowding.
50. Canada encouraged Belgium to fully implement the national action plan to combat
gender-based violence.
51. Chad commended Belgium for its efforts in implementing the recommendations of
the review and for its midterm report in 2013.
52. Chile noted the commitment of Belgium to human rights and its cooperation with
the United Nations, and praised the Government for improving its human rights standards.
53. China noted the progress of Belgium in ratifying human rights instruments, and
welcomed plans to combat poverty, gender discrimination, domestic violence,
contemporary slavery and discrimination against refugees and migrants.
54. Colombia recognized the commitment of Belgium to implement the
recommendations from the first cycle, and the Government’s efforts to train the armed
forces and judicial officers on human rights.
55. The Congo urged Belgium to find an agreement to establish a national human rights
institution compliant with the Paris Principles.
56. Costa Rica noted the efforts to detect and prosecute cases of discrimination, and
expressed concern about instances of excessive use of force by law enforcement officials.
57. Côte d’Ivoire encouraged Belgium to continue its programmes against poverty and
domestic violence.
58. Belgium confirmed that the Government remained committed to establishing an
independent national human rights institution during the course of its current parliamentary
term.
59. Regarding the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, signed in 2005, the delegation stated that
the ratification procedure was still ongoing and not yet complete.
60. Concerning religious discrimination, the Minister pointed out that the legal
framework in Belgium protected the right to freedom of religion and expression. The
delegation appealed to all United Nations Member States to abolish laws against blasphemy
and apostasy, which led to unacceptable breaches of freedom of religion and expression.
61. Similarly, responding to the concerns expressed by various delegations regarding
unlawful police violence, the delegation gave an outline of the existing legal framework to
prevent and combat its occurrence. Belgium also responded to questions concerning alleged
ethnic profiling by law enforcement officers and stated that the law prohibited
discrimination according to a number of protected criteria, including ethnic origin, and set
forth sanctions for any police officer found guilty of such offences.
GE.16-05884 9
62. In respect of the wage gap between men and women, the delegation explained that
Belgium had regulations prohibiting gender-based discrimination for equal work.
63. Regarding the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families, Belgium attached importance to
upholding the rights of migrants, but was not in a position to accede to the Convention
since it conferred equal rights upon both regular and irregular migrant workers. This
approach differed from the regulations in force at the European and national level.
64. Cuba recalled that the Committee against Torture had expressed concern regarding
information indicating that law enforcement officers used excessive force to carry out
interrogations or detentions.
65. The Czech Republic warmly welcomed the delegation of Belgium and expressed
appreciation for the responses of Belgium to advance questions.
66. The Democratic Republic of the Congo commended Belgium for the adoption of a
law which provided for heavier penalties for certain offenses with racial motivations.
67. Denmark welcomed the acceptance by Belgium of the recommendation to ratify the
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment; inquired about steps taken to achieve ratification; and
encouraged establishment of an A-status national human rights institution.
68. Djibouti expressed appreciation for the positive steps taken in the protection and
promotion of human rights since the first review.
69. The Dominican Republic, considering the efforts of Belgium to improve prisons,
invited the Government to learn from the Dominican prison system, held up as an example
by other States.
70. Ecuador expressed concern regarding the security approach used against migrants
and refugees, and about the enactment of the Agrofuels Act affecting third countries.
71. Egypt commended the creation of family courts, human rights training and inclusive
education, and expressed concern about racism and regret about the lack of a national
human rights institution.
72. Estonia noted progress in promoting employment equality, reducing the wage gap,
combatting gender-based violence and ensuring child rights, and called for more
consultations with vulnerable groups.
73. Fiji noted the need for progress in establishing a national human rights institution,
and addressing prison overcrowding through improved detention standards.
74. France made recommendations.
75. Georgia encouraged Belgium to establish a national action plan on human rights and
continue midterm reporting on implementation, and noted its ratification efforts and human
rights commitment.
76. Germany welcomed Belgium to the Human Rights Council and commended its
progress made since the 2011 review of Belgium and its continued engagement with human
rights mechanisms.
77. Ghana lauded the actions of Belgium to improve prison conditions; legislation
targeting racism, extremism and xenophobia; and steps taken toward a national human
rights institution.
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78. Greece congratulated Belgium for its treaty ratifications, progress in establishing a
national human rights institution, anti-discrimination work, and efforts to fight sexual
violence and protect women and children.
79. Honduras welcomed progress achieved in implementing the recommendations of the
first review and the actions undertaken to establish a national human rights institution.
80. Hungary appreciated efforts to implement the recommendations of the universal
periodic review, but noted gaps concerning the Optional Protocol to the Convention against
Torture and a national human rights institution, and asked about efforts addressing anti-
Semitism.
81. Iceland praised the engagement of Belgium with the review and its mechanisms
combating racial discrimination. It also cautioned against de facto discrimination and urged
quick implementation of its gender-based anti-violence strategy.
82. India commended efforts toward awareness-raising and training of judges and
police, but noted concern for the reported use of excessive force against immigrants.
83. Indonesia thanked Belgium for its engagement with the universal periodic review,
and expressed appreciation for steps taken to combat racism, extremism and xenophobia,
and to protect women, minors and asylum seekers.
84. The Islamic Republic of Iran noted the right to health in Belgium, and expressed
concern over increasing racial discrimination, racism, xenophobia, intolerance and
Islamophobia.
85. Iraq praised Belgium for its implementation of universal periodic review
recommendations, and lauded its efforts to implement human rights consistent with
international standards and steps against racism and extremism.
86. Ireland praised Belgium for its universal periodic review reporting and
implementation, and encouraged it to enact specific legislation prohibiting corporal
punishment in all circumstances.
87. Israel highlighted past recommendations of the universal periodic review on
prosecution of discrimination and hate-related violence, such as that related to Holocaust
denial; action plans to address discrimination against lesbian, gay, bisexual, transgender
and intersex persons; and child rights indicators.
88. Japan welcomed measures taken in support of gender balance in government, the
private sector and education, and commended Belgium for its protections for women and
minors among refugees and migrants.
89. Kazakhstan commended Belgium for ratification of international human rights
instruments and for efforts in administering justice and combating contemporary forms of
slavery.
90. Kyrgyzstan noted the efforts to strengthen its legislation to promote and protect
human rights and its progress to follow up on the outcome of the universal periodic review.
91. Lebanon expressed appreciation for efforts deployed to promote and protect human
rights, and welcomed preventive and deterrent measures to fight discrimination and
xenophobia.
92. Libya made recommendations.
93. Liechtenstein welcomed efforts by Belgium towards the elimination of
discrimination against women and its progressive measures to protect the right to privacy.
GE.16-05884 11
94. Lithuania commended ratification by Belgium of international treaties, its efforts to
create a national human rights institution in compliance with the Paris Principles, and
efforts to improve prison conditions.
95. Malaysia noted new legislation that enabled action against acts of discrimination and
hate-related violence, and improvements in the rights of women, children and persons with
disabilities.
96. Mexico commended the efforts of Belgium to implement the recommendations of
the universal periodic review, such as the future establishment of a national human rights
mechanism in accordance with the Paris Principles.
97. Montenegro welcomed activities undertaken by Belgium to ensure gender equality,
highlighted inclusive educational integration policies for children with disabilities and
integration of migrants, and noted concerns regarding child abuse and street children.
98. Morocco congratulated Belgium for ratifying new human rights instruments,
particularly the International Convention for the Protection of All Persons from Enforced
Disappearance, as well as for its efforts to combat racism, intolerance and discrimination.
99. Belgium said that the prohibition of incitement to hatred constituted one of the legal
restrictions on freedom of expression and that there were three federal laws in force to
combat incitement to hatred: the Act prohibiting certain acts motivated by racism or
xenophobia; the Act to combat certain forms of discrimination; and the Act prohibiting the
denial, minimization, justification or approval of the genocide committed by the German
Nazi regime during the Second World War. Furthermore, the Government had started to
draft a national action plan against racism, xenophobia and intolerance.
100. On the issue of discrimination, notably in terms of housing and employment, the
delegation recalled that, under Belgian law, equal treatment applied to all areas of social
life. To combat discrimination in the various sectors, Belgium had also devised instruments
to measure diversity, such as the diversity barometer. Furthermore, several initiatives
conducted by the Government, professional associations and companies aimed to raise
awareness of the risks of documented discriminatory practices in the hiring process and
their deleterious effects.
101. Regarding the wearing of religious symbols in education, the delegation stated that
there was no legislation governing the wearing of the veil in schools. It was incumbent
upon each educational establishment to decide whether or not to authorize such distinctive
signs. Whatever the case, children retained their access to school.
102. With regard to corporal punishment, while Belgian legislation did not explicitly
prohibit the practice, it was not tolerated.
103. Concerning female genital mutilation, Belgium had introduced legislation
prohibiting the practice in 2000 and, since July 2014, the law expressly provided for the
punishment of persons practising, facilitating and promoting all forms of female genital
mutilation and persons who incited the practice.
104. Namibia applauded measures to combat racism and discrimination taken by Belgium
in 2013 and 2014.
105. Nepal took note of the liberal nature of the preventive measures to fight racism,
extremism and xenophobia.
106. The Netherlands commended action plans against homophobia and transphobia, and
stressed the importance of ensuring respect for human rights standards within the police.
107. Nicaragua recognized the efforts to promote social integration, tolerance and respect
for interculturalism, to fight violence and to promote the rights of youths.
12 GE.16-05884
108. Norway commended follow-up to the first review in the fields of children’s rights,
gender equality and combating racism, as well as legal changes made to ratify the Council
of Europe Convention on Preventing and Combating Violence against Women and
Domestic Violence (Istanbul Convention).
109. Pakistan welcomed the progress of Belgium in implementing recommendations of
the first universal periodic review cycle, and commended its ongoing national legislation
reforms for strengthening the protection of human rights.
110. Panama welcomed the consultations with civil society in preparing the national
report, and the legislative amendments to establish equality between men and women in the
transmission of the family name to children.
111. Peru acknowledged that Belgium promoted intercultural dialogue in its specific
education and social policies, and had developed a national policy for migrants and
refugees.
112. The Philippines commended Belgium for its improvement of policies towards
migrants and asylum seekers, as well as of its domestic legal framework to protect and
promote women’s rights.
113. Poland expressed appreciation for the activities of Belgium concerning the right to
work, and applauded efforts to promote social inclusion, combat discrimination and support
persons with disabilities.
114. Portugal welcomed the positive steps taken by Belgium since its previous review,
including ratification of the Optional Protocol to the International Covenant on Economic,
Social and Cultural Rights, and of the International Convention for the Protection of All
Persons from Enforced Disappearance.
115. The Republic of Korea commended follow-up to the first review that led to
improvements in prison overcrowding, non-discrimination, gender equality and social
integration.
116. The Republic of Moldova welcomed the commitment of Belgium to ratify the
Optional Protocol to the Convention against Torture, recognized achievements in
safeguarding children’s rights, and sought comments regarding recent legislation on child
euthanasia and sexual abuse of children.
117. The Russian Federation noted efforts to promote the integration of Roma,
commended the development of the inter-federal poverty barometer, and expressed concern
about minors becoming victims of sexual harassment.
118. Despite the efforts of Belgium, Saudi Arabia expressed concern about
manifestations of discrimination, racism, xenophobia and Islamophobia.
119. Senegal welcomed the participatory, inclusive approach of Belgium to drafting the
national report, efforts to implement most accepted recommendations, and ratification of
several international human rights instruments.
120. Serbia commended the gender mainstreaming strategy of Belgium, and encouraged
communication campaigns on gender equality, especially gender-based violence. It
encouraged Belgium to ratify the Istanbul Convention.
121. Singapore welcomed efforts to combat racism and discrimination, including release
of a 2013 joint circular on the policy of identifying and prosecuting discrimination and
hate-related violence.
GE.16-05884 13
122. Slovakia welcomed initiatives to strengthen legal protection of women and children,
and applauded efforts to increase accommodation facilities for asylum seekers and
migrants. It noted the challenge of prison overcrowding in Belgium.
123. Slovenia commended ratification by Belgium of optional protocols to the
International Covenant on Economic, Social and Cultural Rights and the Convention on the
Rights of the Child, and welcomed improvements on human rights training and education,
and on establishing a national human rights institution.
124. South Africa positively noted the 2013 Anti-Discrimination Law in Belgium, which
increased penalties for certain offences in the case of aggravated circumstances based on
discriminatory motives, and the National Roma Integration Strategy.
125. Spain congratulated Belgium for its compromise on abolishing the death penalty and
fighting transphobia. It commended its coherence in combating violence against women
and girls.
126. Sri Lanka noted the national action plan to fight human trafficking and the extension
of rules of guardianship to cover unaccompanied minors in situations of vulnerability.
127. The State of Palestine took positive note of the measures in favour of the rights of
persons with disabilities, as well as in the area of business and human rights.
128. Brazil welcomed the development of action plans against homophobia and
transphobia, and the incorporation of additional legal protection for transgender people in
domestic legislation.
129. Switzerland noted with satisfaction that significant measures had been taken to
implement recommendations that were accepted at the first review.
130. Tajikistan noted efforts to implement international human rights obligations and to
improve legislation through ratifying international human rights instruments.
131. Thailand commended the role of courts in Belgium in upholding human rights law.
It welcomed the establishment of several human rights institutions, among others the Centre
for Equal Opportunities and Action against Racism.
132. The former Yugoslav Republic of Macedonia expressed its concern about cases and
forms of hate speech, discrimination and xenophobia.
133. During its final intervention, Belgium reported that the Act on Euthanasia permitted
the practice on three conditions: the patient must be deemed capable and conscious at the
time of his or her request; the request must be voluntary, duly pondered and repeated, and
must not result from external pressure; and the patient must be in a hopeless medical
condition and must be experiencing constant and unbearable physical or psychological
suffering. No doctor was obliged to administer euthanasia. Moreover, a Federal
Commission monitored and evaluated compliance with this legislation.
134. On the subject of the detention of unaccompanied foreign minors, the law provided
that they could no longer be held in detention. When a person was identified as an
unaccompanied foreign minor, he or she was transferred to an observation and orientation
centre within 24 hours of notification of the determination of his or her age. Accompanied
foreign minors stayed in private residences and accommodation facilities when they failed
to meet the conditions of entry and residence, or once their stay had ceased to be regular or
was illegal.
135. Responding to the questions concerning the fight against poverty, the delegation said
that Belgium had begun work on the third federal anti-poverty plan in 2015, which included
specific measures in terms of income, employment, health, housing, access to energy and
14 GE.16-05884
public services. This plan was being finalized and was due to be adopted during the course
of 2016.
136. Belgium considered that technological developments over recent years had made the
right to privacy more relevant than ever. The Government attached great importance to the
right to privacy and had organized consultations to discuss the issue with various
stakeholders. The Commission on Privacy Protection was an independent regulatory body
that played an important role in that regard.
137. In conclusion, the Minister of Foreign Affairs, Foreign Trade and European Affairs
thanked the delegations participating in the interactive dialogue for their questions and
recommendations. He recalled that Belgium had supported the principles that formed the
basis of the universal periodic review since its inception and noted that domestic follow-up
mechanisms had been established to monitor the implementation of the recommendations
made during the universal periodic review and by other international human rights bodies.
II. Conclusions and/or recommendations**
138. The recommendations formulated during the interactive dialogue/listed below
have been examined by Belgium and enjoy the support of Belgium:
138.1 Continue efforts to clear the backlog observed in the process of
ratification of certain legal instruments, in accordance with the
recommendations formulated in its first universal periodic review of Belgium
(Democratic Republic of the Congo);
138.2 Make the necessary adjustments to ratify the Optional Protocol to the
Convention against Torture (Chile);
138.3 Ratify the Optional Protocol to the Convention against Torture and
establish a national preventive mechanism in accordance with the Optional
Protocol (Norway);
138.4 Ratify the Optional Protocol to the Convention against Torture as
rapidly as possible and establish a national preventive mechanism in
accordance with it (Kazakhstan);
138.5 Ratify the Optional Protocol to the Convention against Torture as
soon as possible and establish an independent national preventive mechanism
in compliance with the requirements of the Optional Protocol (Liechtenstein);
138.6 Speed up the process of ratification of the Optional Protocol to the
Convention against Torture (Togo);
138.7 Swiftly ratify the Optional Protocol to the Convention against
Torture (United Kingdom of Great Britain and Northern Ireland);
138.8 Intensify efforts to ratify the Optional Protocol to the Convention
against Torture (Denmark);
138.9 Accelerate the process of ratification of the Optional Protocol to the
Convention against Torture (the former Yugoslav Republic of Macedonia);
138.10 Pursue its efforts to ratify the Optional Protocol to the Convention
against Torture (Morocco);
** The conclusions and recommendations have not been edited.
GE.16-05884 15
138.11 Continue its efforts to ratify the Optional Protocol to the Convention
against Torture as soon as possible (Slovenia);
138.12 Finalise the ratification of the Optional Protocol to the Convention
against Torture (Djibouti);
138.13 Consider ratifying the Optional Protocol to the Convention against
Torture (Philippines);
138.14 Ratify as soon as possible the Optional Protocol to the Convention
against Torture (Portugal);
138.15 Ratify the Optional Protocol to the Convention against Torture,
signed in 2005 (Senegal);
138.16 Ratify the Optional Protocol to the Convention against Torture
(Tunisia) (Azerbaijan) (Ukraine) (Zambia) (Estonia) (France) (Georgia)
(Honduras) (Hungary) (Lebanon) (Lithuania) (Montenegro) (Poland);
138.17 Ratify the Optional Protocol to the Convention against Torture
(Costa Rica);
138.18 Ratify the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence (Albania);
138.19 Accelerate the ratification of the Istanbul Convention of the Council
of Europe (Turkey);
138.20 Ratify the Istanbul Convention (Montenegro);
138.21 Move forward in the establishment of a national institution that
contributes to the full enjoyment of all rights without discrimination, in
accordance with the Paris Principles (Ecuador);
138.22 Rapidly adopt a legal framework establishing a National Human
Rights Institution, in conformity with the Paris Principles (Fiji);
138.23 Speed up the process of establishing a national human rights
institution in conformity with the Paris Principles (Tunisia);
138.24 Swiftly conclude the process to create a National Human Rights
Institution in accordance with the Paris Principles (Hungary);
138.25 Prioritize the early establishment of a national human rights
institution in line with the Paris Principles (Nepal);
138.26 Step up the process of establishing a national human rights
institution (Slovenia);
138.27 Step up its efforts to establish its national human rights institution
that is compliant with the Paris Principles (Philippines);
138.28 Expedite the creation of the national human rights mechanism that
complies with the Paris Principles (Republic of Korea);
138.29 Expedite the establishment of a national human rights institution in
accordance with the Paris Principles (Denmark);
138.30 Expedite the establishment of a National Human Rights Institution
complaint with the Paris Principles (Georgia);
138.31 Expedite the establishment of the national human rights institution
and make if fully compliant with the Paris Principles (Netherlands);
16 GE.16-05884
138.32 Expedite the creation of a National Human Rights Institution in
accordance with the Paris Principles (Egypt);
138.33 Proceed as soon as possible to the establishment of a national human
rights institution in conformity with the Paris Principles (Togo);
138.34 Establish a national human rights institution (Morocco);
138.35 Early establishment of a National Human Rights Institution in
Belgium (India);
138.36 Establish a strong and well-funded national human rights institution
that is fully compliant with the Paris Principles (Norway);
138.37 Establish, as a matter of priority, a National Human Rights
Institution which is fully compliant with the Paris Principles (Australia);
138.38 Establish without further delay a National Human Rights Institution,
complying with the Paris Principles (Ireland);
138.39 Establish a national human rights institution fully compliant with the
Paris Principles, as Belgium committed to in the previous review (Kazakhstan);
138.40 Establish a Paris Principles-compliant national human rights
institution (Namibia);
138.41 Establish a National Human Rights Institution fully compliant with
the Paris Principles (Bulgaria);
138.42 Establish a National Human Rights Institution in full accordance
with the Paris Principles (Germany);
138.43 Establish a national human rights institution in accordance with the
Paris Principles (Azerbaijan) (Chad) (Pakistan) (South Africa);
138.44 Establish a national human rights institution in accordance with the
Paris Principles, to promote and protect fundamental rights and guarantees
(Panama);
138.45 Establish a national human rights institution in conformity with the
Paris Principles on the status of national institutions for the promotion and
protection of human rights (Portugal);
138.46 Establish an institution for the promotion and protection of human
rights consistent with the Paris Principles (Chile);
138.47 Establish a national human rights mechanism pursuant to the Paris
Principles, by drawing up a cooperation agreement between the different
Belgian entities, without affecting the operation and independence of existing
institutions that have a human rights mandate (France);
138.48 Continue with the process of dialogue necessary to ensure the
establishment of a National Human Rights Institution (Uruguay);
138.49 Fully implement the Government agreement to create a national
human rights mechanism that complies with the Paris Principles (Lithuania);
138.50 Consider the establishment of a National Human Rights Institution,
in conformity with the Paris Principles (Indonesia);
138.51 Adopt measures to create a national human rights institution in
conformity with the Paris Principles (Bahrain);
GE.16-05884 17
138.52 Complete the process of the establishment of a National Human
Rights Institution (Kyrgyzstan);
138.53 Engage civil society in the follow-up implementation process of the
universal periodic review recommendations (Poland);
138.54 Increase efforts to promote gender equality in the economic and
political fields (Japan);
138.55 Continue working on the harmonization of national policies and laws
relating the rights of women in accordance with the international human rights
instruments to which it is a party (Nicaragua);
138.56 Ensure laws safeguarding women’s rights are effectively enforced,
including the law banning female genital mutilation (Botswana);
138.57 Continue efforts to alleviate discrimination and support inclusion
efforts for members of minority groups (United States of America);
138.58 Take stronger measures at the federal level to combat racism,
xenophobia, intolerance and discrimination on religious grounds (Cuba);
138.59 Take additional measures to fight against racism, extremism and
xenophobia (Kyrgyzstan);
138.60 Intensify its efforts in fighting against discrimination and intolerance,
especially towards Muslims, immigrants and people of African descent
(Tunisia);
138.61 Continue to strengthen its engagement with community leaders to
build community support at all levels for measures to protect those most
vulnerable to racism and discrimination (Singapore);
138.62 Step up measures to curb acts of racism, extremism and xenophobia
and undertake efforts to improve interracial, intercultural and interreligious
dialogue and sensitivity (Malaysia);
138.63 Combat effectively all manifestations of Islamophobia and promote
tolerance, intercultural dialogue and respect for diversity in the society
(Azerbaijan);
138.64 Focus further on preventing religious intolerance, by strengthening
measures to prevent and combat Islamophobia while implementing the circular
on Flemish citizenship and integration policy (Bangladesh);
138.65 Continue to effectively implement the relevant legislation to counter
discrimination and hate crimes based on ethnicity and religion (Singapore);
138.66 Study whether a national action plan to combat racism should be
adopted (Belarus);
138.67 Implement public awareness campaigns to promote tolerance and
respect for cultural diversity and to counter prejudice, stereotypes,
discrimination, racism, and Islamophobia (United Arab Emirates);
138.68 Take the necessary steps, firstly, to better protect all victims of
xenophobic discrimination, especially Islamophobia; and secondly, to conduct
awareness campaigns to counteract amalgams between migrants, Muslims and
terrorism (Algeria);
18 GE.16-05884
138.69 Deepen awareness measures regarding the fight against
discrimination, in particular by ensuring the investigation and punishment of
acts of a discriminatory nature (Argentina);
138.70 Develop and implement education and awareness-raising campaigns
to promote diversity and respect, while condemning racism and xenophobia
(Canada);
138.71 Continue to apply and respect human rights in the implementation of
counter-terrorism measures, notably for the rights to privacy, freedom of
expression and movement (Republic of Korea);
138.72 Ensure that domestic measures in the fight against terrorism and all
forms of extremism uphold the fundamental rights (Thailand);
138.73 Ensure effective coordination at the federal, regional and community
levels when monitoring the incidence of unlawful ethnic profiling and racism,
especially in the context of recent terrorist threats (Iceland);
138.74 Improve police training in order to raise awareness against racial
profiling (Turkey);
138.75 Continue its efforts to improve conditions in detention facilities in
line with the Bangkok Rules (Thailand);
138.76 Maintain endeavours to decrease overcrowding of prisons and
detention facilities through continued facility construction and improvements
by other means (United States of America);
138.77 Enhance its efforts to prevent prison overcrowding (Djibouti);
138.78 Continue to decrease prison overcrowding by providing new and
adequate detention facilities (Germany);
138.79 Continue efforts to reduce prison overcrowding in the context of the
Master Plan 2008—2012—2016 (Greece);
138.80 Step up efforts to improve conditions in prisons, in particular in
relation to overcrowding (Slovakia);
138.81 Continue to improve conditions in its prisons, including in relation to
overcrowding and specific facilities for offenders with mental health disorders
(Australia);
138.82 Take effective steps to improve prison conditions and to reduce
overcrowding (Azerbaijan);
138.83 Continue to improve the measures so that adequate access to health
care and rehabilitation services needed are in place for detained psychiatric
patients (Canada);
138.84 Develop and implement a comprehensive and coordinated strategy to
fight domestic violence, particularly violence against women (Cuba);
138.85 Fully implement its national action plan to combat intimate partner
violence and other forms of domestic violence (Sweden);
138.86 Continue giving priority attention to domestic and gender-based
violence, in particular rape and other crimes of sexual violence, at all levels,
including such caused by police and the judiciary (Bulgaria);
GE.16-05884 19
138.87 Follow up on national policies to support victims of intrafamily
violence (Dominican Republic);
138.88 Adopt as soon as possible and effectively implement the national
action plan 2015—2019 against gender-based violence (Kazakhstan);
138.89 Make the necessary efforts for the ratification of the Fifth National
Action Plan 2015—2019 (Dominican Republic);
138.90 Continue its efforts in the area of women’s rights and ensure the
effective implementation of the sixth national action plan on the fight against
gender-based violence (Iceland);
138.91Provide the most recent national plan to fight violence against woman
and girls, for the 2015—2019 period, with sufficient funds to ensure its effective
implementation (Spain);
138.92 Continue efforts to implement the national action plan against all
forms of gender-based violence (France);
138.93 Continue its focus on domestic and gender-based violence and ensure
the effective implementation of the national action plan in this regard (Serbia);
138.94 Facilitate the effective access to justice for women in cases of sexual
harassment (Greece);
138.95 Increase the number and capacity of shelters for women who are
victims of violence and ensure that all women have non-discriminatory access
thereto (Liechtenstein);
138.96 Take measures to fight against and prevent child ill-treatment, in
particular abuse of street children (Portugal);
138.97 Strengthen the coordination between the different authorities
intervening in the combat against trafficking, including those in charge of
assisting and protecting victims, in particular children (France);
138.98 Adopt measures to strengthen its mechanisms to combat trafficking,
with a special focus on trafficking of boys and girls for sexual exploitation
(Honduras);
138.99 Increase the efforts to combat trafficking and smuggling of persons,
through the effective implementation of its National Action Plan (Panama);
138.100 Explore additional legislative and policy measures to prevent
trafficking of children for sexual purposes (Serbia);
138.101 Continue ongoing efforts to combat human trafficking in line with
the National Action Plan to combat trafficking of human beings and the
international commitments (Sri Lanka);
138.102 Reinforce identification of child trafficking victims and ensure that
referral and assistance mechanisms are provided and adapted to the victims’
needs and best interests (Republic of Moldova);
138.103 Continue strengthening the mechanisms for assistance to victims of
trafficking, with special emphasis on children victims of this crime (Colombia);
138.104 Continue efforts on the international level in the fight against
impunity (Armenia);
20 GE.16-05884
138.105 Consider abolishing the requirements for medical interventions for
transgender people who wish to obtain legal recognition of their gender
(Israel);
138.106 Amend the legislation to allow the change of the civil identity without
need of previous surgery (Spain);
138.107 Strengthen national understanding and tolerance to counter
manifestations of religious discrimination (Tajikistan);
138.108 Continue efforts to ensure that Jews and Muslims can practice their
religion freely (United States of America);
138.109 Encourage the participation and representation of citizens in all
sectors of the society regardless of their origin or religion (Saudi Arabia);
138.110 Enhance gender mainstreaming activities with a focus to increase
women’s participation in decision-making and address the gender pay gap
(Malaysia);
138.111 Consolidate the gender equality in the professional field by applying
the principle “equal pay for equal work” in the pay system, to reduce wage
gaps linked to gender, which consequently leads to differences on retirement
pensions between men and women (Algeria);
138.112 Adopt concrete measures to eliminate differentiation at work and
reduce inequality by ensuring the strict implementation of the 2012 Law aimed
at reducing wage inequality based on sex (Panama);
138.113 Enforce legislation that prohibits discrimination, particularly based
on gender, race and belief, to improve the economic opportunities and
conditions of work for women and minority groups (Malaysia);
138.114 Take early and adequate action to curb structural discrimination
against persons of foreign origin in the field of employment (India);
138.115 Adopt measures to ensure the employment of youth and also other
vulnerable groups of the population, including persons with disabilities and
migrants (Russian Federation);
138.116 Persevere in the fight against child poverty and render it a national
priority (Costa Rica);
138.117 Continue to promote the access of vulnerable groups to education
(Angola);
138.118 Continue programmes on human rights education, including on
prevention (Armenia);
138.119 Continue its efforts in the area of human rights education and
training, especially with activities aimed at implementing the third phase of the
World Programme for Human Rights Education (Slovenia);
138.120 Adopt a national plan of action focusing on persons with disabilities
(Estonia);
138.121 Further develop policies related to inclusion of people with
disabilities, especially regarding inclusive education (Israel);
138.122 Continue on the path of effective realization of the rights of persons
with disabilities and take further steps to promote the recruitment and
employment of persons with disabilities (State of Palestine);
GE.16-05884 21
138.123 Improve access to public services for people with a disability,
particularly educational and postal services (Australia);
138.124 Establish an accessibility strategy for persons with disabilities
through a national plan (Spain);
138.125 Carry on with the education coverage, especially the integration of
children with disabilities (Dominican Republic);
138.126 Continue its efforts to prevent discrimination against the Roma
population (Peru);
138.127 Accelerate the implementation of the national strategy for Roma
integration and fight against discrimination in employment, education and
health care (Benin);
138.128 Adopt effective measures to implement the national strategy for
Roma integration and to combat discrimination against this category of
population in employment, education and health care (Russian Federation);
138.129 Promote and protect the rights of indigenous peoples, peasants and
other people working in rural areas (Plurinational State of Bolivia);
138.130 Protect small-scale farming in the country and implement plans
designed to preserve it (South Africa);
138.131 Make further efforts to enhance integration in general through, inter
alia, addressing unemployment among young and foreign-born citizens, and in
particular to prevent radicalization (Sweden);
138.132 Ensure fully safety and security of migrant workers and their
families (Bangladesh);
138.133 Increase the measures to prevent and punish domestic violence,
particularly against migrant women (Colombia);
138.134 Ensure that the protection against violence affecting refugees
becomes a visible policy of the Government (Colombia);
138.135 Increase development assistance to reach the target of 0.7 per cent of
the gross national product in the interests of the sustainable development of
developing countries (China).
139. The following enjoy the support of Belgium, which considers that they are
already implemented or in the process of implementation:
139.1 Guarantee direct applicability of the International Covenant on
Economic, Social and Cultural Rights in the domestic legal order (Egypt);
139.2 Adopt a national action plan on gender mainstreaming (South
Africa);
139.3 Adopt legislation to combat discrimination, racism, extremism and
xenophobia (Honduras);
139.4 Take effective measures to prevent public officials, when performing
their duties, from discriminating against individuals on the basis of religion or
belief (Saudi Arabia);
139.5 Prosecute perpetrators of xenophobic and hate crimes (Pakistan);
139.6 Enhance its efforts on the full implementation of the Convention
against Torture (Indonesia);
22 GE.16-05884
139.7 Ensure all persons who are held in custody have the benefit, from the
very outset of their deprivation of liberty, of all the fundamental legal
safeguards (Islamic Republic of Iran);
139.8 Conduct an impartial investigation of all cases of ill-treatment and
excessive use of force by law enforcement officials, including on racial grounds
(Uzbekistan);
139.9 Investigate all allegations of excessive use of force, racially motivated
violence and ill-treatment by law enforcement officials and bring those
responsible to justice (Azerbaijan);
139.10 Take all measures to immediately put an end to racially motivated
violence and ill-treatment by police officers of persons with an immigrant
background (Islamic Republic of Iran);
139.11 Ensure that all persons deprived of liberty are held in humane
conditions, including in line with the United Nations Basic Principles for the
Treatment of Prisoners and the Standard Minimum Rules for the Treatment of
Prisoners (Bulgaria);
139.12 Conduct active reforms in the fight against prison overcrowding
(Angola);
139.13 Adopt measures to place detainees suffering mental illness in
establishments that are separate from common prisons (Uruguay);
139.14 Continue to adopt legislative and executive measures against gender-
based violence, with special attention to migrants (Sri Lanka);
139.15 Prohibit all corporal punishment of children in all settings, including
in the home (Estonia);
139.16 Consider developing legislation and agreements which allow for
alternatives to imprisonment in cases of minor offenses (Uruguay);
139.17 Ensure that the processing of personal data be conducted in
compliance with national and international standards and obligations, and that
any violations be investigated and redress provided to victims (Liechtenstein);
139.18 Develop a specific action plan for people with disabilities at the
national level and establish advisory councils in harmony with federal policies
and the federated entities (Congo);
139.19 Ensure a supported decision-making mechanism for people with
disabilities (Israel);
139.20 Review the legislation and adopt measures to ensure equal access to
education for disabled children, children with special education needs, children
of foreigners or from poor families and/or minorities (Mexico);
139.21 Take additional measures for the access for migrants in an irregular
situation to health-care services (Greece);
139.22 Ensure that migrant women can seek protection from domestic
violence and halt deportation procedures in this context (Albania);
139.23 Reconsider all its policies in relation to refugees and asylum seekers
so that they are not deprived from their fundamental and social rights, in
particular to ensure that children and unaccompanied minors are not detained
or placed in adult detention centres (Afghanistan);
GE.16-05884 23
139.24 Restrain detention of asylum seekers to exceptional cases, always
seeking the judicial review of these detentions, in accordance with human rights
international law (Chile);
139.25 Following the recommendation of Mexico during the previous cycle
regarding the systematic abolition of the detention of migrants and asylum
seekers, adopt measures to implement the recommendations of the Office of the
United Nations High Commissioner for Refugees and ensure that the access to
justice for foreigners does not have negative consequences regarding their stay
in the country, even in cases of acts based on xenophobia and racial
discrimination (Mexico);
139.26 Adopt legal and administrative measures aimed at guaranteeing the
principle of non-refoulement, in order to prevent extradition or return of
asylum seekers and migrants who are at risk of being subject to torture or ill-
treatment (Argentina).
140. The following recommendations will be examined by Belgium, which will
provide responses in due time, but no later than the thirty-second session of the
Human Rights Council, in June 2016:
140.1 Ratify the Optional Protocol to the Convention against Torture and
establish without delay an effective national preventive mechanism with
adequate personnel and financial resources (Czech Republic);
140.2 Intensify the work aimed at the ratification of the Council of Europe
Framework Convention for the Protection of National Minorities, signed by
Belgium in 2002 (Hungary);
140.3 Ratify the Framework Convention for the Protection of National
Minorities, signed in 2001, following on Council of Europe resolution 1301
(Switzerland);
140.4 Accelerate and strengthen legislative and educational actions to
combat discrimination in all its forms (Djibouti);
140.5 Enhance and activate laws and legislation in order to combat all
forms of discrimination, racism and xenophobia (Lebanon);
140.6 Activate efforts to eradicate the expressions of hatred, persecution
and harassment on ethnic, cultural and linguistic grounds through partnerships
and establishing trust and dialogue between religions and cultures and see this
as of respecting human rights (Tajikistan);
140.7 Banish any forms of racism, discrimination and xenophobia in
political discourse, media and social life (China);
140.8 Adopt measures to criminalize the incitement to imminent violence
on the basis of religion and belief (Saudi Arabia);
140.9 Develop a national strategy against racial discrimination, xenophobia
and Islamophobia based on a dialogue with non-governmental organizations
(Turkey);
140.10 Strengthen the national plans and policies to prevent acts of
discrimination and violence motivated by racial and/or religious hatred,
xenophobia, homophobia and gender grounds (Chile);
24 GE.16-05884
140.11 Adopt a national action plan against racism, racial discrimination,
xenophobia and related intolerance, including religious intolerance and
discrimination (Brazil);
140.12 Adopt a comprehensive national action plan to combat racism and
discrimination (Uzbekistan);
140.13 Adopt a national action plan against racism (South Africa);
140.14 Adopt a national action plan against racism; ban all organizations
that promote and incite racial discrimination; and adopt clear measures to
effectively combat racially motivated violence by the law enforcement officers
(Botswana);
140.15 Strengthen legislation against discrimination by adopting a national
action plan against racism, racial discrimination, xenophobia and intolerance
(Côte d’Ivoire);
140.16 Adopt a national plan owned by the different entities against racism,
racial discrimination, xenophobia and intolerance (France);
140.17 Adopt an inter-federal plan to combat racism, racial discrimination,
xenophobia and related intolerance (Islamic Republic of Iran);
140.18 Take further action to put in place measures to monitor, detect and
condemn manifestations of racism, discrimination and xenophobia and adopt a
national plan addressing and combating racism and discrimination against
ethnic minorities (Namibia);
140.19 Establish a comprehensive plan and a system for recording and
monitoring developments in the area of preventing xenophobia and
discrimination, including hate speech and hate crimes (Norway);
140.20 Put a political plan and a clear strategy to ensure that overlooked
ideas about Islamophobia, xenophobia and intolerance are accounted for by
those who work in public office and civil service (Bahrain);
140.21 Implement the resolution 16/18 on combatting intolerance, negative
stereotyping and stigmatization of, and discrimination, incitement to violence,
and violence against persons based on religion or belief (Bahrain);
140.22 Pay particular attention to protecting from discrimination and
treating appropriately older persons in the society (Tajikistan);
140.23 Consider recruiting independent experts to its Standing Committee
for Police Monitoring from outside the police, in line with the 2014
recommendations of the Committee Against Torture (Australia);
140.24 Strengthen control and supervision mechanisms for the police,
particularly through the Standing Committee for Police Monitoring and its
Investigation Service (Costa Rica);
140.25 Carry out an evaluation on ethnic profiling within the police
organization (Netherlands);
140.26 Enhance efforts to alleviate prison overcrowding and improve the
overall conditions in places of detention, including assessing the impact and
effectiveness of measures adopted thus far to address this issue (Czech
Republic);
GE.16-05884 25
140.27 Provide more specialized detention centres for mentally ill or addict
detainees that respect their special needs and circumstances (Germany);
140.28 Guarantee women effective access to justice in cases of harassment
and sexual and domestic violence, and adopt legislation against gender violence
(Bolivarian Republic of Venezuela);
140.29 Develop additional measures to provide assistance to victims of sexual
abuse and sexual violence (Russian Federation);
140.30 Introduce a law explicitly prohibiting corporal punishment of
children in all settings (Poland);
140.31 Develop a national data collection system in the area of the fight
against child poverty (Canada);
140.32 Consider debating and adopting the framework of the law on the
right to food (Plurinational State of Bolivia);
140.33 Adopt a national legal framework for the rights of people with
disabilities regarding accessibility, care, education and employment (Turkey);
140.34 Fully respect the human rights of asylum seekers, refugees and
migrants and to address intolerance, violence by police officers and
discrimination in the areas of employment and housing (Japan);
140.35 Ensure that its policies, legislation, regulations and enforcement
measures effectively serve to prevent and address the heightened risk of
business involvement of abuses in conflict situations, which includes situations
of foreign occupation (State of Palestine).
141. The recommendations below did not enjoy the support of Belgium and would
thus be noted:
141.1 Undertake a revision of its reservations to the International Covenant
on Civil and Political Rights and other core international human rights treaties
with a view to deepen and broaden the human rights protection in the country
(Czech Republic);
141.2 Make the necessary adjustments to ratify the International
Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families (Chile);
141.3 Continue its efforts to ratify the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families (Indonesia);
141.4 Consider favourably acceding to the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families (Peru);
141.5 Consider ratifying the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families
(Philippines) (Sri Lanka);
141.6 Accede to the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families (Turkey)
(Azerbaijan) (Uruguay) (Algeria) (Ecuador) (Ghana) (Honduras) (Senegal);
26 GE.16-05884
141.7 Ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families (Algeria) (Azerbaijan)
(Egypt) (Ghana) (Honduras) (Senegal);
141.8 Ratify the United Nations Educational, Scientific and Cultural
Organization Convention against Discrimination in Education (Tunisia)
(Benin) (Côte d’Ivoire) (Ghana) (Honduras) (Portugal);
141.9 Such a legal framework will provide for the prosecution of human
rights violations in national courts (Fiji);
141.10 Expedite the process of establishing a fully functioning Independent
National Human Rights Institution that is fully compliant with the Paris
Principles by the end of 2017 (United Kingdom of Great Britain and Northern
Ireland);
141.11 Further advance its national efforts on the promotion and protection
of human rights through, among others, developing a comprehensive Human
Rights National Action Plan (Indonesia);
141.12 Initiate visits of the Human Rights Council special procedures on the
right to education and adequate housing and food with a view to developing
more effective measures to drop poverty levels (Belarus);
141.13 Take other legislative measures to declare illegal organizations that
incite racial discrimination (Democratic Republic of the Congo);
141.14 Continue the revision of anti-terrorism and data protection
legislation and policies and repeal the provisions that contravene the applicable
international law in areas such as due process and imprisonment; and develop
measures to prevent and combat racial profiling by law enforcement bodies
(Mexico);
141.15 Ensure that the legal definition of torture is in line with Convention
against Torture (Egypt);
141.16 Investigate and punish in an exemplary fashion cases of
disproportionate use of force, racial violence and ill-treatment by law
enforcement officers and effectively address racism, discrimination and
incitement to racial and religious hatred (Bolivarian Republic of Venezuela);
141.17 Reform comprehensively the prison system and respect the United
Nations Standard Minimum Rules for the Treatment of Prisoners. It is
fundamental that the authorities guarantee the rights of persons deprived of
their liberty, from the moment of their detention (Bolivarian Republic of
Venezuela);
141.18 Review detention conditions so that they are in conformity with the
United Nations Standard Minimum Rules for the Treatment of Prisoners and
that this be achieved before the publication of the third national report (Fiji);
141.19 Eliminate all forms of violence against women in detention places by
some members of the judicial police and the need to prosecute them and avoid
impunity (Libya);
141.20 Adopt specific legislation on domestic violence, especially violence
against women and children (Islamic Republic of Iran);
141.21 Adopt specific legislation on domestic violence, especially violence
against women (Brazil);
GE.16-05884 27
141.22 Consider adopting specific legislation on domestic violence and
violence against women (Israel);
141.23 Consider the recommendation of the Committee on Economic, Social
and Cultural Rights to adopt specific legislation on domestic violence,
particularly against women (Nicaragua);
141.24 Positively consider adopting specific legislation on domestic violence,
especially violence against women, with a view to ensuring synergy with the
implementation of the national action plan 2015—2019 for combating gender-
based violence (Republic of Korea);
141.25 Reduce the high number of persons in preventive detention and limit
its systematic use through alternative options to detention (Bolivarian Republic
of Venezuela);
141.26 Provide protection for the family as the natural and fundamental unit
of the society (Egypt);
141.27 Search the consent of Belgian Muslims on any initiative to codify the
practice of Islam (Turkey);
141.28 Eliminate religious discrimination, including prohibitions on wearing
religious symbols or clothing (United Arab Emirates);
141.29 Rescind the decision to prohibit the peaceful expression of religious
beliefs, including the wearing of religious symbols in schools, in line with the
freedom of religion or belief guaranteed by the Universal Declaration of
Human Rights, the Convention on the Rights of the Child, and the European
Union Guidelines on the promotion and protection of freedom of religion or
belief (Malaysia);
141.30 Decriminalize defamation (Ireland);
141.31 Review the norms on defamation in the context of the international
frameworks related to freedom of expression and opinion (Peru);
141.32 Put an end to all forms of discrimination by employers against
workers from religious minorities in the public and private sectors, including
the adoption of internal regulations banning the wearing of clothes
representing a religion or a culture (Libya);
141.33 Continue its efforts in providing migrants, including those in
irregular situation and migrant children, access to health, education, and other
social services at par with its nationals (Philippines);
141.34 Halt the systematic use of detention of asylum seekers at the borders
(Egypt);
141.35 Comply with the recommendations of the Committee on Economic,
Social and Cultural Rights to prepare studies on the impact on the human
rights of local communities in third countries of agro-fuel projects promoted by
Belgian companies (Ecuador);
141.36 Implement the recommendations of the Committee on Economic,
Social and Cultural Rights, specifically recommendations 21 and 22
(Plurinational State of Bolivia).
142. All conclusions and/or recommendations contained in the present report reflect
the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
28 GE.16-05884
Annex
Composition of the delegation
La délégation de la Belgique était présidée par le Vice-Premier Ministre et Ministre
des affaires étrangères, du commerce extérieur et des affaires européennes, S.E.M. Didier
REYNDERS, et composée des membres suivants:
• S.E.M. Bertrand DE CROMBRUGGHE, Ambassadeur, Représentant permanent de
la Belgique auprès de l’Office des Nations Unies à Genève;
• M. Bart OUVRY, Ministre plénipotentiaire, Directeur droits de l’homme et
démocratie, Service public fédéral (SPF) affaires étrangères:
• M. Karl DHAENE, Ministre conseiller, Représentant permanent adjoint de la
Belgique auprès de l’Office des Nations Unies à Genève;
• Mme Sibille DE CARTIER, conseillère, Cellule stratégique du Ministre des affaires
étrangères;
• M. David MARECHAL, porte-parole du Ministre des affaires étrangères;
• M. Didier VANDERHASSELT, porte-parole, SPF affaires étrangères;
• Mme May PERSOONS, conseillère, Cellule stratégique du Ministre-président du
Gouvernement flamand et Ministre flamand de la politique extérieure et du
patrimoine immobilier;
• M. Alfons VANHEUSDEN, conseiller, Cellule stratégique du Ministre de la justice;
• Mme Lynn VERRYDT, conseillère, Cellule stratégique de la Secrétaire d’État à la
lutte contre la pauvreté, à l’égalité des chances, aux personnes handicapées, et à la
politique scientifique, chargée des grandes villes et adjointe au Ministre des
Finances;
• M. Philippe WERY, Chef du Service des droits de l’homme, Direction générale
législation, libertés et droits fondamentaux, SPF justice;
• Mme Alexandra ADRIAENSSENS, Directrice, Ministère de la Communauté
française, Direction de l’égalité des chances;
• Mme Véronique JOOSTEN, adjointe du Directeur droits de l’homme et démocratie,
SPF affaires étrangères;
• M. Pierre GILLON, Premier Secrétaire, Représentation permanente de la Belgique
auprès de l’Office des Nations Unies à Genève;
• M. Kris DIERCKX, conseiller, délégué du Gouvernement flamand auprès des
organisations multilatérales à Genève;
• M. Henri MONCEAU, Haut-Représentant « droits fondamentaux, société de
l’information et économie numérique », Délégation Wallonie-Bruxelles à Genève;
• Mme Véronique DE BAETS, attachée, Institut pour l’égalité des femmes et des
hommes;
• Mme Nathalie DE NUL, attachée juriste, Département flamand des affaires
étrangères, division de la politique;
GE.16-05884 29
• Mme Stéphanie HAUTOT, attachée, Division des affaires internationales, SPF
emploi, travail et concertation sociale;
• Mme Chantal GALLANT, attachée, Service des droits de l’homme, Direction
générale législation, libertés et droits fondamentaux, SPF justice;
• Mme Sylvie KORMOSS, attachée, Cellule internationale, SPF intérieur;
• Mme Audrey MONCAREY, attachée pour la Communauté française de Belgique et
de la Région wallonne à Genève;
• M. Paul-Henri PHILIPS, attaché, Service public régional de Bruxelles, Direction des
relations extérieures;
• Mme Sandrine ROCHEZ, conseillère juridique, Police fédérale, Commissariat
général, Direction de la coopération policière internationale;
• Mme Colette VAN LUL, attachée, Bureau d’études, Direction générale de l’Office
des étrangers, SPF intérieur.