A/HRC/48/8
whether they were in a regular or irregular situation, was not compatible with European
Union regulations.
27.
In 2017, the first National Plan of Action on Business and Human Rights had been
adopted at the various levels of government. In March 2021, an external evaluation had been
carried out to assess the progress made and the need for additional measures. A second
national plan of action was being prepared. Belgium also supported the work on due diligence
that was being done at the European Union level.
28.
The future national action plan against racism would include measures to counter
antisemitism. The antisemitism watchdog had been reactivated in early 2019. Belgium had
participated in the “Turning Words into Action” project run by the Organization for Security
and Cooperation in Europe. In addition, the federated entities had taken several measures to
create an environment that was conducive to the prevention of antisemitism.
29.
Regarding asylum and migration, families with minor children were not, in principle,
placed in detention unless the place of detention was adapted to the needs of such families.
Only those families who continued to refuse to cooperate under the voluntary departure
scheme could be transferred to an open family unit, where their liberty was restricted to a
certain degree.
30.
Trafficking in persons and the exploitation of prostitution were severely punished
under the Belgian Criminal Code. The existing action plan had been updated for 2020 and
2021, and a new plan for the period 2021–2025 was to be adopted in 2021.
31.
With respect to climate and environmental issues, the Minister referred to the
legislation that transposed into national law the European directive on the Convention on
Access to Information, Public Participation in Decision-Making and Access to Justice in
Environmental Matters. The principles of the Convention were therefore consistently applied
by all Belgian authorities.
32.
Regarding foreign terrorist fighters, in March 2021 the Government had finalized the
changes to its policy on the repatriation of Belgian mothers and children who were in the
north-east of the Syrian Arab Republic and in Iraq. Belgium was actively continuing to
repatriate Belgian minors in line with the best interests of the child. Belgian children under
the age of 12 years – that is, all the Belgian minors concerned – were automatically eligible
for repatriation, with follow-up at the community level. Belgian mothers wishing to return to
Belgium would be repatriated if it was established, on a case-by-case basis, that their return
did not constitute a threat to national security. When it came to other foreign terrorist fighters,
whether men or women, Belgium continued to seek to have them tried in the region where
the crimes had been committed.
33.
Concerning hate speech, in order to ensure that all press offences motivated by hatred
towards a protected group were handled in the same way and that no press offence went
unpunished, article 150 of the Constitution had been declared subject to review and a
proposed amendment was being prepared. The 2013 joint circular of the Minister of Justice,
the Minister of the Interior and the College of Prosecutors General, which dealt with the
policy regarding online hate speech (cyberhate), would be amended to improve the recording
of hate crimes.
34.
The Minister concluded by thanking the delegations for their questions and
recommendations and by noting that Belgium had always supported the principles that
formed the basis for the universal periodic review.
II. Conclusions and/or recommendations
35.
The recommendations formulated during the interactive dialogue/listed below
have been examined by Belgium and enjoy the support of Belgium:
35.1
Ratify the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (Australia)
(Denmark) (Finland) (France) (Greece) (Iceland) (Luxembourg) (Maldives)
(Mauritius) (Montenegro) (Poland) (Portugal);
GE.21-09330
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