Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/BELGIUM.TXT

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TITLE:  BELGIUM HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                            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 bicameral Parliament.

Constitutional reforms enacted in 1993 transformed Belgium into
a federal state.  The next general elections, to be held by the
end of 1995, will replace regional councils with directly
elected legislatures in Dutch-speaking Flanders and
French-speaking Wallonia.

Civilian authorities are in effective 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 Belgians.

The Constitution and laws contain provisions safeguarding human
rights, and the Government enforces them.  In 1994 Parliament
broadened existing antiracism legislation and passed a new law
giving children a voice in judicial proceedings that affect
them.  A parliamentary commission published the results of its
15-month inquiry into human trafficking in Belgium, and the
police and judiciary cracked down on prostitution rings.
Applications for political asylum dropped dramatically due to
strict policies adopted late in 1993.

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 such killing.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

There were no reports of such treatment or punishment.

Allegations of human rights abuses by Belgian forces serving in
the U.N. operations in Somalia in 1992 and 1993 led to in-depth
investigations by the Military Prosecutor's Office, covering
265 complaints; it concluded that in most cases the soldiers
took appropriate action, but that 5 cases involving 8
paracommandos warranted prosecution.  In December three of the
eight were acquitted.  In January 1995 four were given short
prison terms and/or fines, and one was sentenced to 5 years in
prison for the murder of a Somali.  The Ministry of Defense
conducted an inquest into the experience in Somalia which led
to recommendations for the conduct of future operations.

     d.  Arbitrary Arrest, Detention, or Exile

Freedom from arbitrary arrest and imprisonment is provided for
by law, and the Government respects these rights.  Arrested
persons must be brought before a judge within 24 hours.
Pretrial confinement is allowed only under certain 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 carefully circumscribed
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.

Exile is not permitted by law and does not occur.

     e.  Denial of Fair Public Trial

The law ensures a fair public trial, and the authorities honor
this in practice.  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.

Defendants have the rights to be present, to have counsel (at
public expense if needed), to confront witnesses, to present
evidence, and to appeal.  The Constitution provides for the
judiciary's independence, and the Government respects this.
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.

     f.  Arbitrary Interference with Privacy, Family, Home or
         Correspondence

Freedom from arbitrary state interference with privacy is
guaranteed by law and respected in practice.  Search warrants
issued by a judge are required unless the inhabitants of a
domicile agree to a search.

In 1994 Parliament passed legislation under which law
enforcement officials may apply to a magistrate for permission
to use wiretaps.  Permission is generally granted only for
limited periods of time and only for the investigation of major
crimes.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The law provides for these freedoms, and the Government
respects them.  An independent press, an effective judiciary,
and a functioning democratic political system combine to ensure
there are no unwarranted restrictions.

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.  In two much-publicized cases, members of far-right
political parties were tried for publishing materials deemed
racist; none were found guilty.

Academic freedom is respected.

     b.  Freedom of Peaceful Assembly and Association

Public assembly is unrestricted except for restrictions on
blocking some major thoroughfares and on entering a small zone
near the Royal Palace and Parliament.  The Government requires
sponsors of open-air assemblies to obtain permits, but these
are granted routinely.  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 teaching or 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; objecting taxpayers have no
recourse against contributing to religious subsidies.  By law,
each "recognized" religion has the right to provide teachers
for religious instruction in the schools, but not all avail
themselves of this right.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Belgians are free to travel both within the country and abroad,
to return, and to emigrate.

All asylum-seekers in Belgium can plead their cases before
immigration authorities.  In 1994 the Interior Ministry cleared
a backlog of applications that in 1993 numbered in the
thousands.  The Ministry now usually makes its initial decision
within a week of receipt.  The law requires that rejected
applicants be deported within 2 months, but it grants them the
right to appeal.  There have been no reports of forced
expulsion of those having a valid claim to refugee status.

Applications for political asylum fell by about 60 percent in
1994 owing to tightened policies introduced in September 1993,
which include denying work permits to asylum-seekers awaiting
decision, and fingerprinting all applicants (to prevent them
from obtaining social benefits in more than one municipality).
Also, the law now permits rejected applicants to be detained in
special centers while awaiting deportation; three centers
opened in 1994.

Parliament approved legislation in April creating a system of
centralized registration, which should be in place in 1995, to
replace the current one which calls for asylum-seekers to
register in their chosen municipality of residence.  In theory,
those whose cases are pending would still be able to choose the
municipality where they would reside and receive social
benefits; but in practice, their choice might be limited by the
Government's initiative to distribute asylum-seekers more
equitably around the country.  Currently, certain
municipalities with large foreign-born populations have
permission from the Government to refuse until 1995 legal
residence to any foreigners from outside the European Union.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

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 under a
system of universal, secret, and compulsory (under penalty of
fine) suffrage for all citizens age 18 and over.

Opposition parties operate without repression.  A four-party
coalition constitutes the current Government.

There are no restrictions, in law or practice, on the
participation of women or minorities in government or
politics.  Two of 16 federal ministers are women.  In the
federal Parliament, 9 percent (18 of 212) of House members and
11 percent (19 of 184) of the senators are women.  The law
requires a minimum level of representation of 25 percent for
each sex on electoral tickets.  The figure will rise to 33
percent after the next national elections in 1995.

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.  There are specific provisions for Dutch-,
French-, and German-speaking councils at the regional level.
National decisions take into account the needs of regional and
linguistic groups.

A package of constitutional reforms passed in 1993 is intended
to decentralize authority.  Beginning with the next general
elections, to be held no later than December 1995, the regional
councils will become directly elected assemblies which in turn
will each elect from among its members the respective regional
government's members.  The number of seats in both houses of
the federal Parliament will be sharply reduced.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Several active independent human rights groups operate freely
without government interference.  No requests have been made
for outside investigation of the human rights situation in
Belgium.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

The Government actively promotes women's rights.  In 1992 the
Ministry of Labor created a Division of Equal Opportunity
(EOD), whose priorities include combating violence against
women and sexual harassment, encouraging women to participate
in the political process and to run for elected office, and
monitoring affirmative action programs.

In 1994 the EOD placed considerable emphasis on fighting sexual
harassment.  Having created in 1993 a Dutch-language telephone
hot-line through which victims of sexual harassment could
anonymously obtain information and guidance, free of charge, in
1994 the EOD started a French-language one.  The usefulness of
these hot-lines will be evaluated officially in early 1995.  In
addition, a recent law requires each private-sector workplace
with at least 50 employees to have a sexual-harassment
ombudsman, and so far an estimated 80 percent of these
workplaces have complied.  The EOD is seeking to expand this
program to the public sector.

The law prohibits organizing prostitution or assisting
immigration for prostitution.  In March the parliamentary
Commission on Human Trafficking (CHT) released the findings of
its 15-month investigations of such activities in several
Belgian cities and of police responses to them.  It concluded
that the activities were widespread and that police action was
often insufficient, occasionally due to corruption but more
often to inadequate training and poor coordination.  The CHT's
report made several recommendations for overcoming these
problems.  The police succeeded in closing down several clubs
employing foreign women as prostitutes, and at year's end an
alleged major figure in this trade was in pretrial detention.

The law prohibits physical abuse of women, and the Government
enforces this ban.  Available data do not indicate that abuse
of women is widespread in Belgium.  A government-sponsored
study estimated that 6.5 percent of women had experienced rape
or attempted rape and 5.2 percent had suffered serious physical
or sexual violence from their partners.  Legislation on sexual
abuse was last amended in 1989, when the definition of rape was
broadened and penalties made more severe.  The Justice Ministry
provides comprehensive training materials to police, medical
workers, and others who deal with victims of sexual abuse.

In August the Army dropped all distinctions between men and
women in its regulations.  Women are now eligible to apply for
any position in the armed forces, but they are required to meet
physical standards that are the same for both sexes.

     Children

Belgium has comprehensive child-protection laws, which the
Government enforces effectively.  The Francophone and Flemish
communities have agencies dealing with children's needs.

On October 1, a new law took effect giving children 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 in Belgium.  The CHT's
report in March recommended stronger government action to
combat it.  The Government issues printed materials and videos
aimed at raising public awareness of child abuse.

     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 a
small minority, German-speakers.

In April the 1981 Antiracism Law was amended to increase
penalties for incitement of discrimination, hate, or violence
based on the race, ethnicity, or nationality.  The amendments
also made it specifically 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 personnel.

The Center for Equal Opportunity and Against Racism (CEOAR),
charged by Parliament with promoting integration and
interethnic dialog, initiated legal proceedings against certain
members of the Front National and Agir, two major Francophone
far-right political parties, under the 1981 law.  This law,
however, has only rarely been applied successfully.

In the European Parliament elections in June and the provincial
and municipal elections in October, the far-right, openly
anti-immigrant parties (the Flemish Vlaams Blok and Walloon
Front National and AGIR) received somewhat stronger support
than had generally been foreseen, but their backing was
concentrated in a few urban areas.  Following the elections,
Belgium's mainstream political parties honored pledges not to
form government coalitions with the far right.

Although immigration policy continues to be controversial,
there have been no overt campaigns of violence against
immigrants.  In May arsonists attacked an unoccupied hostel for
asylum-seekers which was under construction in Wallonia.  In
June a Moroccan was wounded by gunfire in Verviers in
skirmishes provoked by a Belgium-Morocco World Cup soccer
match.  Tensions in several immigrant neighborhoods decreased
due to outreach programs by local police and to the
construction of various youth-oriented facilities.

     People with Disabilities

The Government mandates that public buildings erected since
1970 be accessible to the disabled, and for other buildings it
offers subsidies to induce owners to make such modifications.

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 for the handicapped, such as job training.

Section 6  Worker Rights

     a.  The Right of Association

Workers have the right to associate freely and to strike; the
Government does not hamper such activities.  The law prohibits
actions against a union that is seeking to be legally
registered.  Unions are independent of the Government but have
important informal links with major political parties.  Belgian
unions are affiliated with international labor organizations.

There were a number of strikes in 1994.  For some public
employees, such as those who provide essential public services,
the right to strike is not explicitly recognized; but they
often do strike.  Laws and regulations prohibit retribution
against strikers and union leaders, and the Government
effectively enforces these provisions.

     b.  The Right to Organize and Bargain Collectively

The right to organize and bargain collectively is recognized
and exercised freely.  The Belgian business federations and
unions negotiate every other year a nationwide collective
bargaining agreement covering the 2.4 million private-sector
workers, which establishes the framework for negotiations at
plants and branches.

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 exist for
adjudicating disputes between labor and management.

Belgium has no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

Forced or compulsory labor is illegal and does not occur.

     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.  Students may also sign 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.

     e.  Acceptable Conditions of Work

In June the monthly national minimum wage rate for workers age
21 and over was set at $1,333 (42,469 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 generous social
benefits, provides workers with a standard of living
appropriate to a developed nation.

Minimum wages in the private sector are set in biennial
nationwide collective bargaining (see Section 6.b.), which
leads to a formal agreement signed by the National Labor
Council and made mandatory for the entire private sector by
royal decree.  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.  In special cases, workdays of
up to 12 hours and workweeks of up to 52 hours are permitted.
Work beyond 12 hours per day or 52 hours per week is not
permitted.

Collective bargaining agreements include provisions for worker
safety in addition to the comprehensive ones mandated by law.
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.