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Title: Belgium Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
BELGIUM
Belgium is a parliamentary democracy under a constitutional monarch who
plays a mainly symbolic role. The Council of Ministers (Cabinet), led
by the Prime Minister, holds office as long as it retains the confidence
of the lower house of the bicameral Parliament. Constitutional reforms
enacted in 1993 transformed Belgium from a unitary into a federal state.
General elections held in May replaced regional councils with directly
elected legislatures in Dutch-speaking Flanders, French-speaking
Wallonia, and bilingual Brussels.
Civilian authorities are in full command of the national, municipal, and
judicial police forces.
Belgium is a highly industrialized state with a vigorous private sector
and government participation in certain industries. An extensive social
welfare system supports a high standard of living for most citizens.
The Government fully respected the human rights of its citizens, and the
law and an independent judiciary provide effective means of dealing with
instances of individual abuse.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The law prohibits such practices, and there were no reports that
officials employed them.
Prison conditions meet minimum international standards, and the
Government permits visits by human rights monitors.
d. Arbitrary Arrest, Detention, or Exile
The law prohibits arbitrary arrest, detention, or exile and the
Government observes this prohibition. Arrested persons must be brought
before a judge within 24 hours. Pretrial confinement is allowed under
legally specified circumstances. The premise for such confinement is
subject to monthly review by a panel of judges, which may extend
pretrial detention based on established criteria (e.g., whether, in the
court's view, the arrested person would be likely to commit further
crimes or attempt to flee the jurisdiction if released). Arrested
persons are allowed prompt access to a lawyer of their choosing or, if
they cannot afford one, an attorney appointed by the State. Bail exists
in principle under Belgian law but is rarely granted, and pretrial
confinement is thus fairly common. Approximately 30 percent of the
total prison population consists of pretrial detainees.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and the
Government respects this provision in practice. The Judiciary provides
citizens with a fair and efficient judicial process, enforcing the law's
provision for the right to a fair trial. When a preliminary judicial
investigatory phase is completed, a suspect is formally charged if the
evidence so warrants. Charges are clearly and formally stated, and
there is a presumption of innocence. All defendants have the right to
be present, to have counsel (at public expense if needed), to confront
witnesses, to present evidence, and to appeal. Military tribunals try
military personnel for common-law as well as military crimes. All
military tribunals consist of four officers and a civilian judge; at the
appellate level, the civilian judge presides. The accused has the right
of appeal to a higher military court.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The law prohibits such practices, government authorities respect these
prohibitions, and violations are subject to effective legal sanction.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law provides for these freedoms, and the Government respects these
rights in practice. An independent press, an effective judiciary, and a
functioning democratic political system combine to ensure freedom of
speech and of the press, including academic freedom.
The Government operates several radio and television networks but does
not control program content. Programs are supervised by boards of
directors which represent the main political, linguistic, and opinion
groups. A government representative sits on each board but has no veto
power. Private radio and television stations operate with government
licenses. Almost all homes have access by cable to television from
other Western European countries and elsewhere abroad.
There are restrictions on the press regarding libel, slander, and the
advocacy of racial or ethnic discrimination, hate, or violence.
b. Freedom of Peaceful Assembly and Association
The law provides for these rights, and the Government respects them in
practice. Citizens are free to form organizations and establish ties to
international bodies, but the Antiracism Law (see Section 5) prohibits
membership in organizations that practice discrimination overtly and
repeatedly.
c. Freedom of Religion
The Government does not hinder the practice of any faith. The law
accords "recognized" status to Roman Catholicism, Protestantism,
Judaism, Anglicanism, Islam, and Greek and Russian Orthodoxy, and these
receive subsidies drawn from general government revenues. Taxpayers who
object to contributing to religious subsidies have no recourse. By law,
each recognized religion has the right to provide teachers at government
expense for religious instruction in schools, but not all avail
themselves of this right.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The law provides for these rights, and the Government respects them in
practice.
The Government cooperates with the U.N. High Commissioner for Refugees
and other humanitarian organizations in assisting refugees. All asylum
seekers can plead their cases before immigration authorities. There
were no reports of forced expulsion of those having a valid claim to
refugee/asylee status. Asylum seekers arriving by air with no papers
may be detained for a maximum of 2 months in closed centers while
awaiting consideration of their cases. Children in such centers do not
attend school. Certain communes (administrative divisions of the
Brussels region) such as Anderlecht, Brussels, and Saint Josse, which
have already accepted large refugee populations, are not currently
required by the central Government to give legal residence and benefits
to new refugees/asylees.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The law provides citizens with the right to change their government
peacefully, and citizens age 18 and older exercise this right in
practice through periodic, free, and fair elections held on the basis of
universal and compulsory (under penalty of fine) suffrage. Direct
popular elections for parliamentary seats (excluding some senators
elected by provincial councils and others elected by Senate members) are
held at least every 4 years. Opposition parties operate freely.
Women hold some high-level positions in the Government formed after the
May general elections. Two of 15 federal Ministers are women, and in
the federal Parliament, 18 of 150 House members and 16 of 75 senators
are women. The law requires that 33 percent of the candidates on the
ballot in the next general election, to be held no later than 1999, be
women.
The existence of communities speaking Dutch, French, and German
engenders significant complexities for the State. All major
institutions, including political parties, are divided along linguistic
lines. National decisions take into account the specific needs of each
regional and linguistic group.
The last general elections also replaced regional councils with directly
elected legislatures in Dutch-speaking Flanders, French-speaking
Wallonia, and bilingual Brussels. Each regional parliament elects from
among its members a regional government, including a regional prime
minister.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Numerous human rights groups operate without government restriction,
investigating and publishing their findings on human rights cases.
Government officials are very cooperative and responsive to their views.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The law prohibits discrimination based on the listed factors, and the
Government enforces it. With Dutch, French, and German as official
languages, Belgium has a complex linguistic regime, including language
requirements for various elected and appointed positions.
Women
The Government actively promotes a comprehensive approach to the
integration of women at all levels of decision making. The Division of
Equal Opportunity, a part of the Ministry of Labor, focuses specifically
on issues affecting women, including violence against women, sexual
harassment, and the participation of women in the political process.
The law prohibits physical abuse of women, and the Government enforces
this ban. In 1995 less than 1 percent of all crimes reported (2,217 out
of 253,962) were rape or sexual assault.
In 1995 the Ministry of Labor assessed the effectiveness of the two
linguistic hot lines--Dutch and French--set up in recent years to assist
victims of sexual harassment. Based on the nature and volume of the
calls received, the Ministry determined that the hot lines were serving
their planned purpose and is continuing them.
The law prohibits organizing prostitution or assisting immigration for
prostitution. In 1995 the Government targeted the problem of human
trafficking by enacting protective measures. For example, work permits
for cabaret dancers must be picked up in person, at which time a worker
may be given a translation of her contract in her native language, and a
brochure regarding shelters for victims of forced prostitution.
Additionally, local government officials may refuse to perform
"marriages of convenience." Finally, foreign-born victims may receive a
temporary permit to stay in Belgium for up to 45 days and may stay
longer if they cooperate with police to capture the trafficker.
Children
Belgium has comprehensive child-protection laws, which the Government
enforces effectively. The Francophone and Flemish communities have
agencies dealing with children's needs. Government and private groups
provide shelters for runaways and counseling for children who have been
physically or sexually abused. Children are the victims of up to 40
percent of rapes reported to the police.
Children have the right to a voice in court cases that affect them, such
as divorce proceedings. The law states that a minor "capable of
understanding" can request permission to be heard by a judge, or a judge
can request an interview with a child. Child prostitution is of limited
scope, but, in response to recommendations made last year in a
government study, police have received instructions to be especially
diligent in combating prostitution of those who appear to be under the
age of 18.
There is no pattern of societal abuse directed against children.
People With Disabilities
There is no discrimination against disabled people in employment,
education, or in the provision of other state services. The Government
mandates that public buildings erected since 1970 be accessible to the
disabled and offers subsidies to induce owners of other buildings to
make necessary modifications. Many older buildings, however, are not
accessible to the disabled.
The Government provides financial assistance for the disabled. It
offers special aid for parents of disabled children and for disabled
parents. Regional and community programs provide other assistance, such
as job training. In September an accord was signed among the three
regions which allows handicapped persons to receive services in any of
the three regions. Previously, they could receive assistance only from
the region where they resided.
National/Racial/Ethnic Minorities
Belgium is a pluralistic society in which individual differences in
general are respected and linguistic rights in particular are protected.
Some 60 percent of citizens are native Dutch-speakers; about 40 percent
French-speakers; and fewer than 1 percent German-speakers.
An Antiracism Law penalizes incitement of discrimination, hate, or
violence based on race, ethnicity, or nationality. It is illegal for
providers of goods or services (including housing) to discriminate on
the basis of any of these factors and for employers to consider these
factors in their decisions to hire, train, or dismiss people.
The Center for Equal Opportunity and the Fight Against Racism, a
parliamentary organization tasked with investigating complaints of
discrimination based on race, handled 1,020 calls asking for information
in the first 6 months of the year. Some 420 of these calls were to make
actual complaints. In the general elections in May, the far-right,
openly anti-immigrant parties (the Flemish Vlaams Blok, the Walloon
Front National, and Agir) received 12.3 percent of the vote in Flanders,
6.3 percent in Wallonia, and 11.3 percent in Brussels.
Section 6 Worker Rights
a. The Right of Association
Under the Constitution, workers have the right to associate freely.
This includes freedom to organize and join unions of their own choosing.
The Government does not hamper such activities, and workers in fact
fully and freely exercise their right of association. About 60 percent
are members of labor unions. This number includes employed, unemployed,
and retired workers. Unions are independent of the Government but have
important links with major political parties. As the Government does
not require unions to register, there are no prohibitions against
antiunion actions before registration.
Unions have the right to strike, and strikes by civil servants and
workers in "essential" services are tolerated. The railway workers,
airport workers, and air traffic controllers held strikes without
government intimidation. There were a number of significant labor
strikes and work stoppages in 1995. (Ministry of Labor data indicate
there were 49 strikes in 1992; there are no strike numbers available
after 1992.) Even though many strikes begin as wildcat actions,
strikers are not prosecuted for conducting an illegal strike.
For the first time in recent memory, the International Confederation of
Free Trade Unions (ICFTU) in its "Annual Survey of Violations of Trade
Union Rights 1995" noted reports from the two major labor confederations
indicating that "the right to strike was being increasingly undermined
by employers and the judiciary." Of concern to the ICFTU was an
"increasing tendency over the last few years for employers to seek the
intervention of the courts in order to ban strikes or break up picket
lines." It is easier today than it was a few years ago to get a court
injunction against a strike if it can be shown to a judge's satisfaction
that violence or an infringement of private property has occurred in the
course of a strike.
Unions are free to form or join federations or confederations and are
free to affiliate with international labor bodies.
b. The Right to Organize and Bargain Collectively
The right to organize and bargain collectively is recognized, protected,
and exercised freely. Every other year the Belgian Business Federation
and unions negotiate a nationwide collective bargaining agreement,
covering 2.4 million private-sector workers, that establishes the
framework for negotiations at plants and branches. Public sector
workers also negotiate collective bargaining agreements. Collective
bargaining agreements apply equally to union and nonunion members, and
over 90 percent of workers are under collective bargaining agreements.
As part of the Government's global economic reform plan, in 1995 wage
increases in both private and public sectors were suspended. This did
not affect Belgium's wage indexation policy which permitted a less than
2 percent across-the-board wage increase to keep workers' pay level with
inflation.
The law prohibits discrimination against organizers and members of
unions and protects against termination of contracts of members of
workers' councils, members of health or safety committees, and shop
stewards. Employers found guilty of antiunion discrimination are
required to reinstate workers fired for union activities. Effective
mechanisms such as the labor courts exist for adjudicating disputes
between labor and management.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is illegal and does not occur. Domestic
workers and all other workers have the same rights as nondomestic
workers. The Government enforces laws against those who seek to employ
undocumented foreign workers.
d. Minimum Age for Employment of Children
The minimum age for employment of children is 15, but schooling is
compulsory until the age of 18. Youth between the ages of 15 and 18 may
participate in part-time work/part-time study programs but may not work
full time except on limited duration summer-labor contracts of up to 30
days. During that period, they can work the same number of hours as
adults. The labor courts effectively monitor compliance with national
laws and standards. There are no industries where any significant child
labor exists.
e. Acceptable Conditions of Work
In June the monthly national minimum wage rate for workers over 21 was
set at $1,494 (43,318 Belgian francs); 18-year-olds can be paid 82
percent of the minimum, 19-year-olds 88 percent, and 20-year-olds 94
percent. The minimum wage rate, coupled with Belgium's extensive social
benefits, provides workers with a standard of living appropriate to a
highly developed nation. Minimum wages in the private sector are set in
biennial nationwide collective bargaining (see Section 6.b.), which
leads to formal agreements signed in the National Labor Council and made
mandatory by royal decree for the entire private sector. In the public
sector, the minimum wage is determined in negotiations between the
Government and the public-service unions. The Ministry of Labor
effectively enforces the law regarding minimum wages. By law, the
standard workweek cannot exceed 40 hours and must have at least one 24-
hour rest period. Many collective bargaining agreements set standard
workweeks of 36 to 39 hours. The law requires overtime pay for hours
worked in excess of the standard. Work done from the 9th to the 11th
hour per day or from the 40th to the 50th hour per week is considered
allowable overtime. Longer workdays are permitted only if agreed upon
in a collective bargaining agreement. These laws/regulations are
effectively enforced by the Ministry of Labor and the labor courts.
Comprehensive provisions for worker safety are mandated by law.
Collective bargaining agreements can supplement these laws. Workers
have the right to remove themselves from situations that endanger their
safety or health, without jeopardy to their continued employment, and
the law protects workers who file complaints about such situations. The
Labor Ministry implements health and safety legislation through a team
of inspectors and determines whether workers qualify for disability and
medical benefits. Health and safety committees are mandated by law in
companies with more than 50 employees and by works councils in companies
with more than 100 employees. Labor courts monitor effectively
compliance with national health and safety laws and standards.
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