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COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS REPORT OF BELGIUM
21 October 2008
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Committee on Elimination of Discrimination
Against Women
21 October 2008
The Committee on the Elimination of Discrimination against Women has considered the combined fifth and sixth periodic reports of Belgium on how that country is implementing the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Frédérique Fastre, Councillor at the Institute for the Equality of Women and Men of Belgium, introducing the report, recalled that, since February 2002, the Belgian Constitution explicitly guaranteed equality between women and men, requiring legislators to adopt specific measures to guarantee to female and male citizens the equal exercise of their rights and freedoms and to promote equal access for women and men to elective or public posts. Since 2002, institutional mechanisms devoted to fighting sexual discrimination and to the promotion of equality between the sexes had been reinforced substantially, in particular with the creation of the Institute for Equality of Women and Men at the federal level in December 2002. The Institute had an annual budget of some €4.5 million and roughly 30 staff members. The Institute provided legal assistance to the victims of discrimination based on sex; organized support for associations that were active in the area of gender equality; and prepared and carried out the decisions of the Federal Government in the area of gender equality, both nationally and internationally.
Among questions and issues raised by Committee Experts were a federally imposed ban on the wearing of headscarves in schools; a study showing there had been no change in sexual stereotypes and gender biases in Belgium; trafficking in women and girls; domestic violence and measures to protect women; the low representation of women in a number of sectors, despite federal legislation to ensure parity; and specific outcomes of the programmes to ensure women had access to education, as well as to redress inequities in the labour sphere. Several Experts voiced concern that the Convention was "not really visible" and had not been accorded priority as a framework for laws and policies to combat discrimination against women in Belgium. Another recurring concern of Experts was the issue of coordination between the actions taken at the regional and community level with federal plans and policies.
In concluding remarks, Ms. Fastre hoped that Belgium had been able to convince the Committee that they were applying the Convention throughout the country in an equal way, despite the federal nature of the country. The Committee should rest assured that all those tools were guided by a shared concept about combating discrimination against women, which was incorporated in the Convention.
Also in concluding comments, Laurence Weerts, Councillor in the Ministry of Labour and Equal Opportunity of Belgium, said that, in terms of follow-up and visibility, the Minister would convene a conference where the Committee's recommendations could be dealt with so as to ensure they were followed-up properly.
The delegation from Belgium included representatives of the Ministry of Work and Equal Opportunity; the Federal Public Labour Service; the Federal Justice Service; the Ministry of Justice; and the Permanent Mission of Belgium to the United Nations Office at Geneva. As one of the 185 States parties to the Convention, Belgium is obliged to present periodic reports to the Committee on how it is implementing the provisions of the treaty.
The next meeting of the Committee will be at 10 a.m. on Wednesday, 22 October, when it will consider the combined sixth and seventh periodic reports of Canada (CEDAW/C/CAN/7), in Chamber A, and the combined sixth and seventh periodic reports of Ecuador (CEDAW/C/ECU/7), in Chamber B.
Report of Belgium
On the issue of women asylum-seekers, the combined fifth and sixth periodic reports of Belgium (CEDAW/C/BEL/6) say that the asylum courts of Belgium always pay attention to persecutions on the basis of sexual appearance. In accordance with the royal decree of July 2003, whenever there are indications of persecutions associated with sex, the official of the competent service of the Foreign Office verifies whether the petitioner might object to being questioned by a person of the opposite sex, in which case his or her request is granted. The official of the competent service also takes into account the specific circumstances concerning the person requesting asylum and specifically their membership in a vulnerable group. The new officials in charge of these cases at the General Commissariat for Refugees and Stateless Persons shall receive general training which shall include at least one study of a case relating to persecution on the basis of gender. At the Office for Aliens, the new officials and interpreters shall also receive general training. At the Office for Aliens, women are questioned whenever possible by female investigators, and their interpreter is always a woman except in cases where there is no female interpreter for that language. A questionnaire with respect to female genital mutilation has been prepared in order to adapt the examination to reflect the problem as experienced by the candidate for refugee status.
Regarding trafficking, on 17 November 2005, Belgium adopted Convention No. 197 on the struggle against trafficking in human beings of the Council of Europe and the process of ratification is under way. Belgium also ratified the Optional Protocol to the Convention on the Rights of Children, with regard to the sale of children, prostitution of children, and pornography portraying children, in 2006. At the national level, the previous law of 1995 containing provisions regarding the suppression of the trafficking in human beings and of child pornography has been replaced by the law of 10 August 2005. The first objective of this law is to bring legislation into conformity with European and international provisions, specifically the two additional protocols to the Convention of the United Nations against transnational organized crime. The new charge of trafficking in human beings has been substantially modified, placing the emphasis not only on the notion of the abuse of the victim, but on exploitation. This law also introduces various aggravating circumstances and modifies the punishments, due to the gravity of the crime of trafficking in human beings.
Introduction of Report
FRÉDÉRIQUE FASTRE, Councillor at the Institute for the Equality of Women and Men of Belgium, introducing the report, said that the previous reviews and the Committee's recommendations had had a huge impact on the development of the legislative framework and policies in favour of women and for the promotion of equality between women and men in Belgium. Zeroing in on the main measures, actions and progress in women's rights in Belgium since 2002, she recalled that, since February 2002, the Belgian Constitution explicitly guaranteed equality between women and men. It required legislators to adopt specific measures to guarantee to female and male citizens the equal exercise of their rights and freedoms and to promote equal access for women and men to elective or public posts.
During the period concerned, institutional mechanisms devoted to fighting sexual discrimination and to the promotion of equality between the sexes had been reinforced substantially. In that context, Ms. Fastre drew attention to the creation of the Institute for Equality of Women and Men at the federal level in accordance with the law of 16 December 2002. The Institute was an autonomous public agency with two essential missions: combating all forms of discrimination and inequality based on sex, and promoting the realization of equality between men and women. The Institute was directed by a Board of Administration. It had an annual budget of some €4.5 million and roughly 30 staff members. Among others, the Institute provided legal assistance to the victims of discrimination based on sex; organized support for associations that were active in the area of gender equality; and prepared and carried out the decisions of the Federal Government in the area of gender equality, both nationally and internationally. It had also been responsible for drawing up the present report.
The fight against discrimination had been strengthened by the adoption of three new federal laws in May 2007 to specifically fight against gender discrimination. In the same way, communities and regions had also recently improved their legislation in this area.
Belgium now had a gamut of resources for addressing complaints of gender discrimination. The Institute was mandated to hear complaints of sexual discrimination; and female workers subject to discrimination based on sex could apply to the Department of Labour. In addition, Belgium had ratified the Optional Protocol to the Convention in June 2004, authorising individuals to make complaints to the Committee. Ms. Fastre also signalled the existence, since 2001, of an anti-discrimination desk for employers and employees in the Brussels-Capital region. In the Flemish region, by virtue of a decree adopted in July 2008, Belgians could lodge complaints at discrimination offices located in 13 towns. As for Wallonia, the Walloon Government had created an advisory Council on Equality between men and Women in 2003.
The priority of their Governments had been not only to make in-depth reforms in their anti-discrimination laws, but also to develop a panoply of legal instruments and policies that sought to provide a structural, systematic and lasting dimension to the actions taken and the decision-making and operational process in this area.
With regard to violence against women, Belgium had adopted a law that accorded the family residence to the victim and had implemented a National Plan of Action to combat violence among domestic partners in the period 2004 to 2007, in response to the Committee's most recent recommendations on the subject. The Plan of Action had seven strategic objectives, including awareness-raising; training; prevention; and protection for victims. Violence against elderly women was another focus of the Plan, Ms. Fastre added.
Thanks to the establishment of fixed quotas by several laws and decrees imposing parity between the two sexes since 2002 in the list of electoral candidates, unprecedented advances had been made in favour of women in the area of political decision-making, Ms. Fastre underscored. A voluntarist policy had also developed in management organs, which sought to impose a one-third to two-thirds ratio in that domain.
Regarding the fight against discrimination in employment, numerous measures had been undertaken since 2002, Ms. Fastre noted. They included provisions on protection against violence or moral or sexual harassment; maternity leave; adoption and parental leave. Among remaining concerns in this area were the salary gap between men and women, with an average differential of 15 per cent in the private sector, the fact that part-time jobs were mainly held by women, the existence of a glass ceiling for women and that women tended to be ghettoised in certain jobs. To address those gaps and differentials, Belgium had taken a series of actions and measures with the aim of reintegrating women in the labour market. Among others, social protection for women workers had been the target of four conferences organized between 2005 and 2006 by the Ministry of Pensions.
Questions by Experts
Experts raised a number of issues and asked questions. Several Experts voiced concern that the Convention was "not really visible" and had not been accorded priority as a framework for laws and policies to combat discrimination against women in Belgium. In that connection, Experts asked what kind of training for legal professionals and awareness raising workshops existed for the general public? Also, despite the fact that under the law the Convention could be invoked directly in the courts, could the delegation explain why this had never been done?
An Expert asked for further clarification on the role of the Institute for Equality of Women and Men, in particular whether it could be accessed in all the regions and what its relationship was to the Convention.
On asylum, an Expert wondered if it mattered in which community an asylum-seeker sought asylum. Also, while the first interviews for female asylum-seekers were always held by a female migration officer, interpreters, when necessary, could be men. That could have a real impact on whether the individual felt able to relate their story, he observed.
A recurring concern of Experts was the issue of coordination between the actions taken at the regional and community level with federal plans and policies. How did the Government ensure that their gender plans and policies were implemented throughout the country? Here, it was noted that there was also a lack of information on the German-speaking communities.
Response by Delegation
On the issue of why the Convention had not been invoked before the courts, the delegation said that there were a series of pertinent instruments on the elimination of discrimination against women in Belgium. The Convention was not invoked because those cases were generally inscribed within the context of European legislation. The Institute for Equality of Women and Men was organizing seminars on the issue of discrimination, which highlighted the Convention.
With respect to the reporting process, it was carried out under the auspices of the Department for Foreign Affairs, and the administrations and cabinets of the regions and communities, the delegation said. Non governmental organizations (NGOs) and civil society were consulted. Surprisingly, both French and Flemish-speaking NGOs and administrations came together quite easily for those negotiations.
Concerning coordination between the Centre for Equal Opportunity and the Institute for Equality of Women and Men, the delegation underscored the importance for the federal Government of ensuring gender equality, as guaranteed in the Constitution. Moreover, women could be discriminated against for many reasons. In cases of multiple discrimination, consultation was carried out between the two organs.
The Institute for the Equality of Women and Mean was not competent to undertake training or hear complaints in the regions, the delegation added. In the French-speaking communities, legislation was being finalized to allow individuals to go before the courts to bring forward cases of gender discrimination.
Speaking on the Flemish Government, the delegation said the Flemish region had a framework decree to organize equal opportunities and to combat gender discrimination. In that decree, both the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Elimination of Racial Discrimination were referenced and incorporated.
On asylum seekers, the delegation stressed that it was only in cases where the asylum-seeker spoke a very rare language and there was thus no female interpreter available that a male interpreter would be used in the case of a female asylum-seeker. It was thought that that was the better solution, as it took into account the competing need to handle asylum requests promptly and not to delay.
Questions by Experts
Among further questions and issues raised by Experts were whether special measures were possible under both Belgian federal law and in the regions. Regarding a federally imposed ban on the wearing of headscarves in schools, an Expert asked for information on both what had been done to consult the affected communities prior to the adoption of the law, and to monitor the results of that law, including any possible discrimination in the employment sphere for women wearing headscarves.
An Expert lamented the results of a French study that showed that there had been essentially no change in sexual stereotypes and gender biases in Belgium. She had heard of a federal level study undertaken by the University of Antwerp. She wanted to know whether that study had been completed and what the Government was doing to bring about cultural change with a view to promoting and ensuring gender equality.
On trafficking, the Committee had previously recommended that Belgium seek bilateral cooperation with the countries of origin of trafficked women and girls and that it develop a coordinated policy in this sphere. Had that been done, an Expert asked? Further statistics on sentencing of offenders was also requested.
Response by Delegation
On special measures or affirmative action, the delegation noted the Royal decree of 1990 on promoting political participation by women. A diversity plan of action had been implemented, aimed at improving the number of women both at the decision-making and managerial level in government administration. That decree was still in effect. It allowed measures to be taken both in the public and private sector.
Concerning the men's charter, the idea was that for equality to become a reality, men had to be more encouraged than previously to participate in tasks in the home and to be more aware of issues such as violence against women, the delegation said. The question of parental leave was based on that same approach. It was not enough to have everyone have that right. Co-workers and employers had to be aware of this right. The new anti-discrimination legislation adopted in May 2007 also incorporated this approach, with a measure encouraging affirmative action.
On the headscarf issue, complaints could be lodged with the Institute on the basis that the discrimination was gender-based. The Flemish region schools were autonomous in organizing their educational system as long as certain educational targets were met. As for the French-speaking region, the delegation noted that consultations had been undertaken by the French-speaking school authorities with several organizations of women from the Maghreb on the issue, and they had not necessarily been in favour of wearing headscarves in school.
Concerning the fight against sexual stereotypes, the Institute for Equality of Women and Men had brought a lawsuit to try and bring a response to sexist advertising on the Internet by a video rental company. The Institute was currently carrying out a survey on public opinion with a view to providing a framework for regulatory laws. The study was expected to come out in 2009.
With respect to human trafficking, the interdepartmental unit of the campaign against trafficking in human beings, under the Ministry of Justice, was the focal point at the federal level for this issue. In terms of legislation, the interdepartmental unit was very involved. Currently it was drafting legislation on international solidarity. They also subsidized centres for victims. As for Special Prosecutors on Trafficking, the delegation clarified that in Belgium the issues of trafficking and sale were handled separately. Regarding follow-up, the first sentencing based on the new trafficking law of 2005 were probably issued at the end of 2006. But then there was a possibility of appeal. So that was why they had not provided sentencing statistics.
With regard to sexual crimes committed abroad, Belgium had a law of universal jurisdiction. They did not have specific statistics on such acts committed abroad.
Questions by Experts
An Expert was surprised that, in 2008, there was still work being carried out with regard to sexual stereotypes in textbooks. She would have thought that in European Union countries such work would have been accomplished long ago. Was there work done with teachers to ensure that they were not passing on such stereotypes in their interactions with students?
Regarding the Institute for Equality of Women and Men, what was the scope of its gender-mainstreaming mandate? Was there follow-up to measure the impact of such gender mainstreaming, an Expert asked?
An Expert lamented the lack of NGO input at the review. She was concerned that this was because the Convention was not widely known in Belgium, and she asked what Belgium would do to publicize it in future.
An Expert was concerned by the low representation of women in a number of sectors, including the fact that women had not reached the minimum of 20 per cent on administrative bodies for sports federations and associations, as decreed by law. An Expert, reverting to the issue of gender stereotypes which might account for such low participation figures for women in decision-making areas, as well as the fact that women still lagged behind in the labour sphere, wondered if these might not be indicators that Belgium needed to take a much more holistic approach to the issue of discrimination against women to make real head way. She had no sense that the unilateral and often uncoordinated measures taken by Belgium to address discrimination were achieving results for women.
Response by Delegation
On effective implementation of gender mainstreaming and the competence of the Institute for the Equality of Women and Men in carrying that out, the delegation said that it was specifically because that was an ambitious task that the Federal Government had adopted a wide-reaching law on 12 January 2007 establishing the obligation for the Federal Government and the public administrations to systematically take account of the principle of gender mainstreaming throughout the decision-making and implementing processes. Among others, it imposed on all agencies that they collect statistics broken down by gender in all areas. Even more innovative, they had to carry out advanced assessments on the impact of any legislation on men and women. Belgium, in principle, had everything it needed to ensure success in their endeavour of mainstreaming a gender dimension throughout all levels of the federal State.
On migrant women and girls, the delegation noted that, in the employment sphere, specific policies targeted women and particularly migrant women. Moreover judicial assistance was provided to them by the Institute for Equality of Women and Men and the Centre for Equal Opportunity and the Struggle against Racism. The Centre had two sections, one which dealt with religious signs and symbols and the other with Islamophobia. While the Centre dealt with complaints of discrimination, the results were not always recorded in statistics, as the policy of the Centre was to try and resolve disputes through arbitration.
On the federal level, a literacy programme, a learning programme, as well as socio-cultural activities, were provided for immigrant women to open up new horizons for those women and to bring them closer to structural training programmes. There was a positive discrimination policy to help schools that accommodated vulnerable groups, such as newly arrived migrants. There were also a host of programmes for new arrivals sponsored by the regional Flemish and Walloon governments, with free language programmes, computer literacy programmes and cultural programmes offered.
Turning to the question of a national human rights institution, the delegation said that consultations had been carried out with the Office of the United Nations High Commissioner for Human Rights and drafts had been submitted by NGOs. This issue was still under discussion. Nevertheless, the delegation underscored that there were federal organs in place, such as the Institute for Equality of Women and Men, the Centre for Equal Opportunity and the Struggle against Racism and the National Institute for the Rights of the Child that dealt with more specific issues in this context.
Giving statistics on child victims of trafficking, the delegation said that in 2004, there had been 24 victims; in 2005 there had been 7; and in 2006, 14 victims had been recorded.
On conjugal violence, at least once a year magistrates were called upon to consult the district council on a policy benefiting victims. That involved NGOs working on the ground. So there was a linkage between magistrates and organizations working on the ground, the delegation said.
Further Questions by Experts
In a further round of questions, Experts raised concerns about the efficaciousness of the action plan to ensure parity of women with regard to the diplomatic sphere; requested more information on the outcomes of the programmes to ensure women and in particular migrant women had access to education; and expressed the sentiment that it was impossible to tell, in reading the report and replies, whether Belgium was making head way in redressing inequities for women in the labour sphere or not.
Responses by Delegation
Addressing measures to improve the number of women in diplomatic careers, the delegation said that, given the unsatisfactory result of previous tests, the international service test had been revised since it was last offered in 2007 in a way that would take into consideration women's situation, by asking fewer general knowledge questions, and it was hoped that would allow for a better result for women, who often did not have as much free time for study as men. Another reason that fewer women applied was that fewer men were ready to follow their spouses abroad; that was another stereotype they had to fight against.
At the regional level, in elections for mayors and local councillors, there had been gains in the number of women. The number of women mayors had grown in Flanders in the past couple of years from 7 to 9 per cent, and the number of women municipal councillors had now grown to 34 per cent. There was a women's network that trained women for career development, and when the Flemish Government was reorganized two years ago there was a huge campaign from the Emancipation Service to encourage women candidates to apply for the 32 posts that had become free. Despite that, only half of the applicants for those top posts had been women and only one fifth of the final candidates selected were women.
As for glass ceilings and obstacles to women's parity in the labour sphere, a study had been undertaken by the Flemish Government to discover the root causes of inequities for women in the labour sphere and that would be published next year. Regarding work to combat wage gaps, that work was ongoing, and a report was submitted every year on wage gaps in the public and private sectors. That tool allowed the policy-making world to take appropriate measures. It was a complex issue – with both vertical and horizontal segregation – and required a comprehensive response, bringing together all stakeholders.
In terms of statistics, there was some improvement. Between 2004 and 2007, the employment rate of men only improved by 1.7 per cent, but that of women improved by 3.5 per cent. Concerning the wage gap, the hourly salary, including part-time work, the wage gap was 17 per cent. Compared to the rest of Europe, for once, Belgium was among the "better students" together with Sweden, way ahead of the others.
As for school textbooks and the work to eliminate sexual stereotypes, obviously Belgium was not still using texts with pictures of a man going off to work while a woman stayed home to make dinner and take care of the kids. What they were looking for now were much more subtle messages. For example, showing girls and women in female-type jobs in the private sector and men in male-type jobs in the public sphere. Now each textbook was checked against many criteria before they were approved. Those included checks against all sorts of discrimination, not just gender discrimination. Indeed the stereotypes were so subtle, they were developing a handbook to help inspectors with their job in detecting them.
Further Questions by Experts
Regarding health issues, Experts were concerned about the low, 35 per cent rate, of women taking advantage of free breast cancer screening tests in the Flemish region. They wondered whether uterine cancer vaccines were available to migrant or refugee women, and asked for updated HIV/AIDS statistics. On domestic violence, Experts asked for statistics, including the number of protection orders issued in each region; whether women victims had easy access to courts and the police; the number of shelters in each region, and whether they were run by the Government or NGOs; and whether there was a rehabilitation programme for perpetrators of domestic violence. Finally, had there been any prosecutions under the 2006 law on forced marriages?
Response by Delegation
On health, the delegation said that recently Belgium had elaborated a national plan to combat cancer. For sexually transmitted diseases, the peak age group was 27. To combat those, the Government had massive campaigns to promote sexual education and to distribute condoms to young people.
In Flanders, breast cancer screening numbers had jumped from 35 per cent, in 2001, as recorded in the report, to 45 per cent today, the delegation noted. In the French-speaking community there was also a free breast cancer-screening programme, and girls under 16 could receive free uterine cancer vaccinations. Girls also had access to safe abortions, free of charge.
Asylum-seeking women were entitled to receive medical care, at the cost of the Government, which was separate from Belgium's social security scheme. Migrants could receive medical care in a medical care centre and pharmaceutical costs were also borne by the Government.
There was a national plan 2004 to 2007 against domestic violence. A new plan was being discussed now, but it had not yet been adopted, which contemplated broadening the scope to include other forms of violence. A ministerial level meeting was planned in November to discuss the plan, the delegation said. As for statistics on domestic violence, the delegation said that there were no statistics on the 2007 law on domestic partner violence. It was simply too early.
Regarding cases brought under the law on forced marriage, the delegation said the Institute for Equality of Women and Men was involved in a case that was currently being litigated concerning the death of a young Pakistani girl because of an arranged marriage which she refused. There were no national statistics on this subject.
The delegation said that, speaking just for Flanders and the Brussels area, there were 18 shelters for women victims of violence, with a total capacity of 233 beds. Those shelters were wholly run by NGOs.
Concluding Remarks
FRÉDÉRIQUE FASTRE, Councillor at the Institute for the Equality of Women and Men of Belgium, in concluding remarks, thanked the Committee Members for their insightful and vigilant study of Belgium's work to ensure women's equality and that they enjoyed their rights and freedoms. Belgium hoped that it had been able to convince the Committee that they were applying the Convention throughout the country in an equal way, despite the federal nature of the country. The Committee should rest assured that all those tools were guided by a shared concept about combating discrimination against women, which was incorporated in the Convention. They were going to work to increase the visibility of the Convention in the country and to make public the concluding observations and recommendations of the Committee.
LAURENCE WEERTS, Councillor in the Ministry of Labour and Equal Opportunity, also in concluding comments, said that the Minister would discuss the Committee's recommendations with NGOs committed to women's causes and in the area of human rights in general. The Committee's recommendations would also be discussed at the Parliamentary level, as well as in the Federal Council of Ministers. In terms of follow-up and visibility, the Minister would convene a conference where the Committee's recommendations could be dealt with so as to ensure they were followed-up properly.
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Against Women
21 October 2008
The Committee on the Elimination of Discrimination against Women has considered the combined fifth and sixth periodic reports of Belgium on how that country is implementing the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
Frédérique Fastre, Councillor at the Institute for the Equality of Women and Men of Belgium, introducing the report, recalled that, since February 2002, the Belgian Constitution explicitly guaranteed equality between women and men, requiring legislators to adopt specific measures to guarantee to female and male citizens the equal exercise of their rights and freedoms and to promote equal access for women and men to elective or public posts. Since 2002, institutional mechanisms devoted to fighting sexual discrimination and to the promotion of equality between the sexes had been reinforced substantially, in particular with the creation of the Institute for Equality of Women and Men at the federal level in December 2002. The Institute had an annual budget of some €4.5 million and roughly 30 staff members. The Institute provided legal assistance to the victims of discrimination based on sex; organized support for associations that were active in the area of gender equality; and prepared and carried out the decisions of the Federal Government in the area of gender equality, both nationally and internationally.
Among questions and issues raised by Committee Experts were a federally imposed ban on the wearing of headscarves in schools; a study showing there had been no change in sexual stereotypes and gender biases in Belgium; trafficking in women and girls; domestic violence and measures to protect women; the low representation of women in a number of sectors, despite federal legislation to ensure parity; and specific outcomes of the programmes to ensure women had access to education, as well as to redress inequities in the labour sphere. Several Experts voiced concern that the Convention was "not really visible" and had not been accorded priority as a framework for laws and policies to combat discrimination against women in Belgium. Another recurring concern of Experts was the issue of coordination between the actions taken at the regional and community level with federal plans and policies.
In concluding remarks, Ms. Fastre hoped that Belgium had been able to convince the Committee that they were applying the Convention throughout the country in an equal way, despite the federal nature of the country. The Committee should rest assured that all those tools were guided by a shared concept about combating discrimination against women, which was incorporated in the Convention.
Also in concluding comments, Laurence Weerts, Councillor in the Ministry of Labour and Equal Opportunity of Belgium, said that, in terms of follow-up and visibility, the Minister would convene a conference where the Committee's recommendations could be dealt with so as to ensure they were followed-up properly.
The delegation from Belgium included representatives of the Ministry of Work and Equal Opportunity; the Federal Public Labour Service; the Federal Justice Service; the Ministry of Justice; and the Permanent Mission of Belgium to the United Nations Office at Geneva. As one of the 185 States parties to the Convention, Belgium is obliged to present periodic reports to the Committee on how it is implementing the provisions of the treaty.
The next meeting of the Committee will be at 10 a.m. on Wednesday, 22 October, when it will consider the combined sixth and seventh periodic reports of Canada (CEDAW/C/CAN/7), in Chamber A, and the combined sixth and seventh periodic reports of Ecuador (CEDAW/C/ECU/7), in Chamber B.
Report of Belgium
On the issue of women asylum-seekers, the combined fifth and sixth periodic reports of Belgium (CEDAW/C/BEL/6) say that the asylum courts of Belgium always pay attention to persecutions on the basis of sexual appearance. In accordance with the royal decree of July 2003, whenever there are indications of persecutions associated with sex, the official of the competent service of the Foreign Office verifies whether the petitioner might object to being questioned by a person of the opposite sex, in which case his or her request is granted. The official of the competent service also takes into account the specific circumstances concerning the person requesting asylum and specifically their membership in a vulnerable group. The new officials in charge of these cases at the General Commissariat for Refugees and Stateless Persons shall receive general training which shall include at least one study of a case relating to persecution on the basis of gender. At the Office for Aliens, the new officials and interpreters shall also receive general training. At the Office for Aliens, women are questioned whenever possible by female investigators, and their interpreter is always a woman except in cases where there is no female interpreter for that language. A questionnaire with respect to female genital mutilation has been prepared in order to adapt the examination to reflect the problem as experienced by the candidate for refugee status.
Regarding trafficking, on 17 November 2005, Belgium adopted Convention No. 197 on the struggle against trafficking in human beings of the Council of Europe and the process of ratification is under way. Belgium also ratified the Optional Protocol to the Convention on the Rights of Children, with regard to the sale of children, prostitution of children, and pornography portraying children, in 2006. At the national level, the previous law of 1995 containing provisions regarding the suppression of the trafficking in human beings and of child pornography has been replaced by the law of 10 August 2005. The first objective of this law is to bring legislation into conformity with European and international provisions, specifically the two additional protocols to the Convention of the United Nations against transnational organized crime. The new charge of trafficking in human beings has been substantially modified, placing the emphasis not only on the notion of the abuse of the victim, but on exploitation. This law also introduces various aggravating circumstances and modifies the punishments, due to the gravity of the crime of trafficking in human beings.
Introduction of Report
FRÉDÉRIQUE FASTRE, Councillor at the Institute for the Equality of Women and Men of Belgium, introducing the report, said that the previous reviews and the Committee's recommendations had had a huge impact on the development of the legislative framework and policies in favour of women and for the promotion of equality between women and men in Belgium. Zeroing in on the main measures, actions and progress in women's rights in Belgium since 2002, she recalled that, since February 2002, the Belgian Constitution explicitly guaranteed equality between women and men. It required legislators to adopt specific measures to guarantee to female and male citizens the equal exercise of their rights and freedoms and to promote equal access for women and men to elective or public posts.
During the period concerned, institutional mechanisms devoted to fighting sexual discrimination and to the promotion of equality between the sexes had been reinforced substantially. In that context, Ms. Fastre drew attention to the creation of the Institute for Equality of Women and Men at the federal level in accordance with the law of 16 December 2002. The Institute was an autonomous public agency with two essential missions: combating all forms of discrimination and inequality based on sex, and promoting the realization of equality between men and women. The Institute was directed by a Board of Administration. It had an annual budget of some €4.5 million and roughly 30 staff members. Among others, the Institute provided legal assistance to the victims of discrimination based on sex; organized support for associations that were active in the area of gender equality; and prepared and carried out the decisions of the Federal Government in the area of gender equality, both nationally and internationally. It had also been responsible for drawing up the present report.
The fight against discrimination had been strengthened by the adoption of three new federal laws in May 2007 to specifically fight against gender discrimination. In the same way, communities and regions had also recently improved their legislation in this area.
Belgium now had a gamut of resources for addressing complaints of gender discrimination. The Institute was mandated to hear complaints of sexual discrimination; and female workers subject to discrimination based on sex could apply to the Department of Labour. In addition, Belgium had ratified the Optional Protocol to the Convention in June 2004, authorising individuals to make complaints to the Committee. Ms. Fastre also signalled the existence, since 2001, of an anti-discrimination desk for employers and employees in the Brussels-Capital region. In the Flemish region, by virtue of a decree adopted in July 2008, Belgians could lodge complaints at discrimination offices located in 13 towns. As for Wallonia, the Walloon Government had created an advisory Council on Equality between men and Women in 2003.
The priority of their Governments had been not only to make in-depth reforms in their anti-discrimination laws, but also to develop a panoply of legal instruments and policies that sought to provide a structural, systematic and lasting dimension to the actions taken and the decision-making and operational process in this area.
With regard to violence against women, Belgium had adopted a law that accorded the family residence to the victim and had implemented a National Plan of Action to combat violence among domestic partners in the period 2004 to 2007, in response to the Committee's most recent recommendations on the subject. The Plan of Action had seven strategic objectives, including awareness-raising; training; prevention; and protection for victims. Violence against elderly women was another focus of the Plan, Ms. Fastre added.
Thanks to the establishment of fixed quotas by several laws and decrees imposing parity between the two sexes since 2002 in the list of electoral candidates, unprecedented advances had been made in favour of women in the area of political decision-making, Ms. Fastre underscored. A voluntarist policy had also developed in management organs, which sought to impose a one-third to two-thirds ratio in that domain.
Regarding the fight against discrimination in employment, numerous measures had been undertaken since 2002, Ms. Fastre noted. They included provisions on protection against violence or moral or sexual harassment; maternity leave; adoption and parental leave. Among remaining concerns in this area were the salary gap between men and women, with an average differential of 15 per cent in the private sector, the fact that part-time jobs were mainly held by women, the existence of a glass ceiling for women and that women tended to be ghettoised in certain jobs. To address those gaps and differentials, Belgium had taken a series of actions and measures with the aim of reintegrating women in the labour market. Among others, social protection for women workers had been the target of four conferences organized between 2005 and 2006 by the Ministry of Pensions.
Questions by Experts
Experts raised a number of issues and asked questions. Several Experts voiced concern that the Convention was "not really visible" and had not been accorded priority as a framework for laws and policies to combat discrimination against women in Belgium. In that connection, Experts asked what kind of training for legal professionals and awareness raising workshops existed for the general public? Also, despite the fact that under the law the Convention could be invoked directly in the courts, could the delegation explain why this had never been done?
An Expert asked for further clarification on the role of the Institute for Equality of Women and Men, in particular whether it could be accessed in all the regions and what its relationship was to the Convention.
On asylum, an Expert wondered if it mattered in which community an asylum-seeker sought asylum. Also, while the first interviews for female asylum-seekers were always held by a female migration officer, interpreters, when necessary, could be men. That could have a real impact on whether the individual felt able to relate their story, he observed.
A recurring concern of Experts was the issue of coordination between the actions taken at the regional and community level with federal plans and policies. How did the Government ensure that their gender plans and policies were implemented throughout the country? Here, it was noted that there was also a lack of information on the German-speaking communities.
Response by Delegation
On the issue of why the Convention had not been invoked before the courts, the delegation said that there were a series of pertinent instruments on the elimination of discrimination against women in Belgium. The Convention was not invoked because those cases were generally inscribed within the context of European legislation. The Institute for Equality of Women and Men was organizing seminars on the issue of discrimination, which highlighted the Convention.
With respect to the reporting process, it was carried out under the auspices of the Department for Foreign Affairs, and the administrations and cabinets of the regions and communities, the delegation said. Non governmental organizations (NGOs) and civil society were consulted. Surprisingly, both French and Flemish-speaking NGOs and administrations came together quite easily for those negotiations.
Concerning coordination between the Centre for Equal Opportunity and the Institute for Equality of Women and Men, the delegation underscored the importance for the federal Government of ensuring gender equality, as guaranteed in the Constitution. Moreover, women could be discriminated against for many reasons. In cases of multiple discrimination, consultation was carried out between the two organs.
The Institute for the Equality of Women and Mean was not competent to undertake training or hear complaints in the regions, the delegation added. In the French-speaking communities, legislation was being finalized to allow individuals to go before the courts to bring forward cases of gender discrimination.
Speaking on the Flemish Government, the delegation said the Flemish region had a framework decree to organize equal opportunities and to combat gender discrimination. In that decree, both the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Elimination of Racial Discrimination were referenced and incorporated.
On asylum seekers, the delegation stressed that it was only in cases where the asylum-seeker spoke a very rare language and there was thus no female interpreter available that a male interpreter would be used in the case of a female asylum-seeker. It was thought that that was the better solution, as it took into account the competing need to handle asylum requests promptly and not to delay.
Questions by Experts
Among further questions and issues raised by Experts were whether special measures were possible under both Belgian federal law and in the regions. Regarding a federally imposed ban on the wearing of headscarves in schools, an Expert asked for information on both what had been done to consult the affected communities prior to the adoption of the law, and to monitor the results of that law, including any possible discrimination in the employment sphere for women wearing headscarves.
An Expert lamented the results of a French study that showed that there had been essentially no change in sexual stereotypes and gender biases in Belgium. She had heard of a federal level study undertaken by the University of Antwerp. She wanted to know whether that study had been completed and what the Government was doing to bring about cultural change with a view to promoting and ensuring gender equality.
On trafficking, the Committee had previously recommended that Belgium seek bilateral cooperation with the countries of origin of trafficked women and girls and that it develop a coordinated policy in this sphere. Had that been done, an Expert asked? Further statistics on sentencing of offenders was also requested.
Response by Delegation
On special measures or affirmative action, the delegation noted the Royal decree of 1990 on promoting political participation by women. A diversity plan of action had been implemented, aimed at improving the number of women both at the decision-making and managerial level in government administration. That decree was still in effect. It allowed measures to be taken both in the public and private sector.
Concerning the men's charter, the idea was that for equality to become a reality, men had to be more encouraged than previously to participate in tasks in the home and to be more aware of issues such as violence against women, the delegation said. The question of parental leave was based on that same approach. It was not enough to have everyone have that right. Co-workers and employers had to be aware of this right. The new anti-discrimination legislation adopted in May 2007 also incorporated this approach, with a measure encouraging affirmative action.
On the headscarf issue, complaints could be lodged with the Institute on the basis that the discrimination was gender-based. The Flemish region schools were autonomous in organizing their educational system as long as certain educational targets were met. As for the French-speaking region, the delegation noted that consultations had been undertaken by the French-speaking school authorities with several organizations of women from the Maghreb on the issue, and they had not necessarily been in favour of wearing headscarves in school.
Concerning the fight against sexual stereotypes, the Institute for Equality of Women and Men had brought a lawsuit to try and bring a response to sexist advertising on the Internet by a video rental company. The Institute was currently carrying out a survey on public opinion with a view to providing a framework for regulatory laws. The study was expected to come out in 2009.
With respect to human trafficking, the interdepartmental unit of the campaign against trafficking in human beings, under the Ministry of Justice, was the focal point at the federal level for this issue. In terms of legislation, the interdepartmental unit was very involved. Currently it was drafting legislation on international solidarity. They also subsidized centres for victims. As for Special Prosecutors on Trafficking, the delegation clarified that in Belgium the issues of trafficking and sale were handled separately. Regarding follow-up, the first sentencing based on the new trafficking law of 2005 were probably issued at the end of 2006. But then there was a possibility of appeal. So that was why they had not provided sentencing statistics.
With regard to sexual crimes committed abroad, Belgium had a law of universal jurisdiction. They did not have specific statistics on such acts committed abroad.
Questions by Experts
An Expert was surprised that, in 2008, there was still work being carried out with regard to sexual stereotypes in textbooks. She would have thought that in European Union countries such work would have been accomplished long ago. Was there work done with teachers to ensure that they were not passing on such stereotypes in their interactions with students?
Regarding the Institute for Equality of Women and Men, what was the scope of its gender-mainstreaming mandate? Was there follow-up to measure the impact of such gender mainstreaming, an Expert asked?
An Expert lamented the lack of NGO input at the review. She was concerned that this was because the Convention was not widely known in Belgium, and she asked what Belgium would do to publicize it in future.
An Expert was concerned by the low representation of women in a number of sectors, including the fact that women had not reached the minimum of 20 per cent on administrative bodies for sports federations and associations, as decreed by law. An Expert, reverting to the issue of gender stereotypes which might account for such low participation figures for women in decision-making areas, as well as the fact that women still lagged behind in the labour sphere, wondered if these might not be indicators that Belgium needed to take a much more holistic approach to the issue of discrimination against women to make real head way. She had no sense that the unilateral and often uncoordinated measures taken by Belgium to address discrimination were achieving results for women.
Response by Delegation
On effective implementation of gender mainstreaming and the competence of the Institute for the Equality of Women and Men in carrying that out, the delegation said that it was specifically because that was an ambitious task that the Federal Government had adopted a wide-reaching law on 12 January 2007 establishing the obligation for the Federal Government and the public administrations to systematically take account of the principle of gender mainstreaming throughout the decision-making and implementing processes. Among others, it imposed on all agencies that they collect statistics broken down by gender in all areas. Even more innovative, they had to carry out advanced assessments on the impact of any legislation on men and women. Belgium, in principle, had everything it needed to ensure success in their endeavour of mainstreaming a gender dimension throughout all levels of the federal State.
On migrant women and girls, the delegation noted that, in the employment sphere, specific policies targeted women and particularly migrant women. Moreover judicial assistance was provided to them by the Institute for Equality of Women and Men and the Centre for Equal Opportunity and the Struggle against Racism. The Centre had two sections, one which dealt with religious signs and symbols and the other with Islamophobia. While the Centre dealt with complaints of discrimination, the results were not always recorded in statistics, as the policy of the Centre was to try and resolve disputes through arbitration.
On the federal level, a literacy programme, a learning programme, as well as socio-cultural activities, were provided for immigrant women to open up new horizons for those women and to bring them closer to structural training programmes. There was a positive discrimination policy to help schools that accommodated vulnerable groups, such as newly arrived migrants. There were also a host of programmes for new arrivals sponsored by the regional Flemish and Walloon governments, with free language programmes, computer literacy programmes and cultural programmes offered.
Turning to the question of a national human rights institution, the delegation said that consultations had been carried out with the Office of the United Nations High Commissioner for Human Rights and drafts had been submitted by NGOs. This issue was still under discussion. Nevertheless, the delegation underscored that there were federal organs in place, such as the Institute for Equality of Women and Men, the Centre for Equal Opportunity and the Struggle against Racism and the National Institute for the Rights of the Child that dealt with more specific issues in this context.
Giving statistics on child victims of trafficking, the delegation said that in 2004, there had been 24 victims; in 2005 there had been 7; and in 2006, 14 victims had been recorded.
On conjugal violence, at least once a year magistrates were called upon to consult the district council on a policy benefiting victims. That involved NGOs working on the ground. So there was a linkage between magistrates and organizations working on the ground, the delegation said.
Further Questions by Experts
In a further round of questions, Experts raised concerns about the efficaciousness of the action plan to ensure parity of women with regard to the diplomatic sphere; requested more information on the outcomes of the programmes to ensure women and in particular migrant women had access to education; and expressed the sentiment that it was impossible to tell, in reading the report and replies, whether Belgium was making head way in redressing inequities for women in the labour sphere or not.
Responses by Delegation
Addressing measures to improve the number of women in diplomatic careers, the delegation said that, given the unsatisfactory result of previous tests, the international service test had been revised since it was last offered in 2007 in a way that would take into consideration women's situation, by asking fewer general knowledge questions, and it was hoped that would allow for a better result for women, who often did not have as much free time for study as men. Another reason that fewer women applied was that fewer men were ready to follow their spouses abroad; that was another stereotype they had to fight against.
At the regional level, in elections for mayors and local councillors, there had been gains in the number of women. The number of women mayors had grown in Flanders in the past couple of years from 7 to 9 per cent, and the number of women municipal councillors had now grown to 34 per cent. There was a women's network that trained women for career development, and when the Flemish Government was reorganized two years ago there was a huge campaign from the Emancipation Service to encourage women candidates to apply for the 32 posts that had become free. Despite that, only half of the applicants for those top posts had been women and only one fifth of the final candidates selected were women.
As for glass ceilings and obstacles to women's parity in the labour sphere, a study had been undertaken by the Flemish Government to discover the root causes of inequities for women in the labour sphere and that would be published next year. Regarding work to combat wage gaps, that work was ongoing, and a report was submitted every year on wage gaps in the public and private sectors. That tool allowed the policy-making world to take appropriate measures. It was a complex issue – with both vertical and horizontal segregation – and required a comprehensive response, bringing together all stakeholders.
In terms of statistics, there was some improvement. Between 2004 and 2007, the employment rate of men only improved by 1.7 per cent, but that of women improved by 3.5 per cent. Concerning the wage gap, the hourly salary, including part-time work, the wage gap was 17 per cent. Compared to the rest of Europe, for once, Belgium was among the "better students" together with Sweden, way ahead of the others.
As for school textbooks and the work to eliminate sexual stereotypes, obviously Belgium was not still using texts with pictures of a man going off to work while a woman stayed home to make dinner and take care of the kids. What they were looking for now were much more subtle messages. For example, showing girls and women in female-type jobs in the private sector and men in male-type jobs in the public sphere. Now each textbook was checked against many criteria before they were approved. Those included checks against all sorts of discrimination, not just gender discrimination. Indeed the stereotypes were so subtle, they were developing a handbook to help inspectors with their job in detecting them.
Further Questions by Experts
Regarding health issues, Experts were concerned about the low, 35 per cent rate, of women taking advantage of free breast cancer screening tests in the Flemish region. They wondered whether uterine cancer vaccines were available to migrant or refugee women, and asked for updated HIV/AIDS statistics. On domestic violence, Experts asked for statistics, including the number of protection orders issued in each region; whether women victims had easy access to courts and the police; the number of shelters in each region, and whether they were run by the Government or NGOs; and whether there was a rehabilitation programme for perpetrators of domestic violence. Finally, had there been any prosecutions under the 2006 law on forced marriages?
Response by Delegation
On health, the delegation said that recently Belgium had elaborated a national plan to combat cancer. For sexually transmitted diseases, the peak age group was 27. To combat those, the Government had massive campaigns to promote sexual education and to distribute condoms to young people.
In Flanders, breast cancer screening numbers had jumped from 35 per cent, in 2001, as recorded in the report, to 45 per cent today, the delegation noted. In the French-speaking community there was also a free breast cancer-screening programme, and girls under 16 could receive free uterine cancer vaccinations. Girls also had access to safe abortions, free of charge.
Asylum-seeking women were entitled to receive medical care, at the cost of the Government, which was separate from Belgium's social security scheme. Migrants could receive medical care in a medical care centre and pharmaceutical costs were also borne by the Government.
There was a national plan 2004 to 2007 against domestic violence. A new plan was being discussed now, but it had not yet been adopted, which contemplated broadening the scope to include other forms of violence. A ministerial level meeting was planned in November to discuss the plan, the delegation said. As for statistics on domestic violence, the delegation said that there were no statistics on the 2007 law on domestic partner violence. It was simply too early.
Regarding cases brought under the law on forced marriage, the delegation said the Institute for Equality of Women and Men was involved in a case that was currently being litigated concerning the death of a young Pakistani girl because of an arranged marriage which she refused. There were no national statistics on this subject.
The delegation said that, speaking just for Flanders and the Brussels area, there were 18 shelters for women victims of violence, with a total capacity of 233 beds. Those shelters were wholly run by NGOs.
Concluding Remarks
FRÉDÉRIQUE FASTRE, Councillor at the Institute for the Equality of Women and Men of Belgium, in concluding remarks, thanked the Committee Members for their insightful and vigilant study of Belgium's work to ensure women's equality and that they enjoyed their rights and freedoms. Belgium hoped that it had been able to convince the Committee that they were applying the Convention throughout the country in an equal way, despite the federal nature of the country. The Committee should rest assured that all those tools were guided by a shared concept about combating discrimination against women, which was incorporated in the Convention. They were going to work to increase the visibility of the Convention in the country and to make public the concluding observations and recommendations of the Committee.
LAURENCE WEERTS, Councillor in the Ministry of Labour and Equal Opportunity, also in concluding comments, said that the Minister would discuss the Committee's recommendations with NGOs committed to women's causes and in the area of human rights in general. The Committee's recommendations would also be discussed at the Parliamentary level, as well as in the Federal Council of Ministers. In terms of follow-up and visibility, the Minister would convene a conference where the Committee's recommendations could be dealt with so as to ensure they were followed-up properly.
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