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 5

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