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17 November 2000
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CESCR
24th session
17 November 2000
Morning
The Committee on Economic, Social and Cultural Rights this morning started its consideration of a second periodic report of Belgium with a delegation saying that the Government was doing everything in its capacity to promote and protect human rights under its territory.
In a brief introductory statement, Jean-Marie Noirfalisse, Permanent Representative of Belgium to the United Nations Office at Geneva, emphasized the need for international cooperation in matters of human rights promotion and in the fight against racism.
Over the course of their consideration of the report on how Belgium implements the provisions of the International Covenant on Economic, Social and Cultural Rights, the 18 Committee Experts raised questions on the status of the implementation of the Covenant; non-discrimination and international cooperation; and equal rights for men and women.
In addition to Ambassador Noirfalisse, the Belgian delegation was made up of Leopold Merckx, Deputy Permanent Representative of Belgium to the United Nations Office at Geneva; Philippe Nayer, Counsellor at the Permanent Mission of Belgium; Christian De Neve, Director-General, and Francois Vandamme, Advisor, Federal Ministry of Employment; Jacques Donis, Advisor at the Ministry of Social Affairs; Karl van Den Bossche, Attache at the Permanent Mission; and Chantal Delval, Assistant Administrator at the Ministry of Employment.
Belgium is one of the 143 States parties to the Covenant and as such it must submit periodic reports to the Committee summarizing the activities pertaining to the implementation of the rights enumerated under the treaty.
When the Committee reconvenes at 3 p.m, it will first meet in private to have a preliminary discussion on its draft concluding observations on the report of Finland before continuing its consideration of the report of Belgium at 4 p.m.
Report of Belgium
The second periodic report of Belgium (document E/1990/6/Add.18) enumerates the administrative and legislative measures undertaken by the Government on an article-by-article basis. It says that the act of 30 July 1981, which punishes certain acts inspired by racism and xenophobia, was amended in 1994, partly in order to combat discrimination in employment or at work more effectively. Human rights and fundamental freedoms in the economic, social or cultural spheres have been protected by the same act. The same act made it an offence to discriminate racially in any way against any person in the context of employment, vocational training or the dismissal of a worker.
In the context of employment policy, the report says that the federal Government has in recent years drawn up a number of plans in order to improve the labour market situation, including training. The federal Government has also taken steps to reduce the supply of labour by taking certain workers out of the labour market, thereby freeing positions for job seekers. These include an early retirement agreement. Wages are determined according to minimum legal wage schedules set by collective bargaining. Collective agreements take precedence over individual contracts of employment. In order to make equal pay effective, the report says a number of specific programmes have been set up and subsidies granted for different
campaigns and model projects. However, there has so far been little change in the income differences between men and women. Women in industry earn only 67 to 75 per cent as much as their male colleagues. These figures rise to 70 to 80 per cent in the service sector. The report says that the right to strike is guaranteed by law; workers have the right to set up or join a trade union; and the social security system was revised to modernize it.
According to the report, there have been several changes in the legislation aimed at providing greater protection for families and children since 1993. This policy has been strengthened since the end of 1996. As a result of the tragic events which shook Belgium in August 1996, concerns have focused on children and the need to protect them against all forms of violence or sexual exploitation. For this reason the Belgian Government and Parliament have recently adopted a number of measures to deal with the problems of ill-treatment and sexual abuse of children. These measures concern prevention, punishment and aid to victims.
Presentation of Report
JEAN-MARIE NOIRFALISSE, Permanent Representative of Belgium to the United Nations Office at Geneva, said his country was much concerned about human rights and their indivisibility. Belgium was doing everything in its capacity to promote and protect human rights under its territory. It also emphasized the need for international cooperation in matters of human rights promotion and in the fight against racism. The Government of Belgium was also preparing the necessary background to ratify the European Charter of Basic Rights next month.
Discussion
In response to questions raised by Committee experts, the members of the Belgian delegation said that once the European Charter of Basic Rights was ratified by the Government, it would be incorporated into the national legislative system to serve as an instrument in promoting human rights. The Charter was a very comprehensive text written in simple language so that any layman could understand it.
Belgium was a federated State with domestic jurisdiction of the federated states being extended to international jurisdiction, the delegation said. In 1993, the constitutional law was amended to include states and communities as part of the federation. Federated states were provided with juridical entities to govern themselves and to run their own affairs. Each state had the right to introduce its own policy on economic, social and cultural affairs.
On the issue of human rights organizations, the delegation said that the Belgian Centre for Equal Opportunity and Anti-Racism which was attached to the Prime Minister's Office was entrusted with the task of monitoring the implementation of human rights and assisting anyone wishing to consult it regarding the scope of his or her rights and obligations. The Centre also received various types of complaints from individuals, including foreigners. In addition, other agencies in the ministries were also carrying out such activities. At the federal level, the Belgian High Commission for Human Rights was active in the promotion of international cooperation in human rights and in the fight against racism and racial discrimination. Further, Belgium was contributing to the World Conference against Racism and Racial Discrimination.
Concerning a question on the denial of the existence of the Holocaust, the delegation said that acts of revising the Holocaust were prohibited in Belgium. Publications and books written on the subject to undermine the existence of the Holocaust were considered to be revisionist crimes.
Belgium appreciated the lengthy work of the Committee in preparing the draft optional protocol to the Covenant, the delegation said. The Government was studying the draft for future action as it did to other international instruments. Belgium considered that eventually it could accede to the draft protocol which would grant an international right of appeal to the victims of violations of the rights contained in the Covenant. Already, Belgium had approved the individual complaints mechanism of the European Social Charter.
Foreigners were subjected to certain economic and social restrictions, the delegation said. Access to the labour market was conditional on the possession of a work permit; and for a foreigner to work as a self-employed person, the issuance of a "carte professionnelle" by the authorities was essential. A new law on the employment of foreign workers was adopted by parliament last year. It specified that an employer wishing to employ a foreign worker should first obtain authorization from the competent authority.
There was no national plan of action on human rights, either at the federal or regional level, the delegation said. But the political authorities were in favour of such plans and they maintained interest in human rights. Because of devolution of power to the regions and communities, there was no national action on human rights, but the judicial system was one for all. One of the main focuses of Belgium's foreign policy was human rights.
In follow-up questions, an Expert remarked that the Belgian legislative system contained provisions to combat all acts of racial discrimination; however, there was a lack of legislation banning organizations which promoted racial hatred. Another Expert asked if there was discrimination against elderly people.
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24th session
17 November 2000
Morning
The Committee on Economic, Social and Cultural Rights this morning started its consideration of a second periodic report of Belgium with a delegation saying that the Government was doing everything in its capacity to promote and protect human rights under its territory.
In a brief introductory statement, Jean-Marie Noirfalisse, Permanent Representative of Belgium to the United Nations Office at Geneva, emphasized the need for international cooperation in matters of human rights promotion and in the fight against racism.
Over the course of their consideration of the report on how Belgium implements the provisions of the International Covenant on Economic, Social and Cultural Rights, the 18 Committee Experts raised questions on the status of the implementation of the Covenant; non-discrimination and international cooperation; and equal rights for men and women.
In addition to Ambassador Noirfalisse, the Belgian delegation was made up of Leopold Merckx, Deputy Permanent Representative of Belgium to the United Nations Office at Geneva; Philippe Nayer, Counsellor at the Permanent Mission of Belgium; Christian De Neve, Director-General, and Francois Vandamme, Advisor, Federal Ministry of Employment; Jacques Donis, Advisor at the Ministry of Social Affairs; Karl van Den Bossche, Attache at the Permanent Mission; and Chantal Delval, Assistant Administrator at the Ministry of Employment.
Belgium is one of the 143 States parties to the Covenant and as such it must submit periodic reports to the Committee summarizing the activities pertaining to the implementation of the rights enumerated under the treaty.
When the Committee reconvenes at 3 p.m, it will first meet in private to have a preliminary discussion on its draft concluding observations on the report of Finland before continuing its consideration of the report of Belgium at 4 p.m.
Report of Belgium
The second periodic report of Belgium (document E/1990/6/Add.18) enumerates the administrative and legislative measures undertaken by the Government on an article-by-article basis. It says that the act of 30 July 1981, which punishes certain acts inspired by racism and xenophobia, was amended in 1994, partly in order to combat discrimination in employment or at work more effectively. Human rights and fundamental freedoms in the economic, social or cultural spheres have been protected by the same act. The same act made it an offence to discriminate racially in any way against any person in the context of employment, vocational training or the dismissal of a worker.
In the context of employment policy, the report says that the federal Government has in recent years drawn up a number of plans in order to improve the labour market situation, including training. The federal Government has also taken steps to reduce the supply of labour by taking certain workers out of the labour market, thereby freeing positions for job seekers. These include an early retirement agreement. Wages are determined according to minimum legal wage schedules set by collective bargaining. Collective agreements take precedence over individual contracts of employment. In order to make equal pay effective, the report says a number of specific programmes have been set up and subsidies granted for different
campaigns and model projects. However, there has so far been little change in the income differences between men and women. Women in industry earn only 67 to 75 per cent as much as their male colleagues. These figures rise to 70 to 80 per cent in the service sector. The report says that the right to strike is guaranteed by law; workers have the right to set up or join a trade union; and the social security system was revised to modernize it.
According to the report, there have been several changes in the legislation aimed at providing greater protection for families and children since 1993. This policy has been strengthened since the end of 1996. As a result of the tragic events which shook Belgium in August 1996, concerns have focused on children and the need to protect them against all forms of violence or sexual exploitation. For this reason the Belgian Government and Parliament have recently adopted a number of measures to deal with the problems of ill-treatment and sexual abuse of children. These measures concern prevention, punishment and aid to victims.
Presentation of Report
JEAN-MARIE NOIRFALISSE, Permanent Representative of Belgium to the United Nations Office at Geneva, said his country was much concerned about human rights and their indivisibility. Belgium was doing everything in its capacity to promote and protect human rights under its territory. It also emphasized the need for international cooperation in matters of human rights promotion and in the fight against racism. The Government of Belgium was also preparing the necessary background to ratify the European Charter of Basic Rights next month.
Discussion
In response to questions raised by Committee experts, the members of the Belgian delegation said that once the European Charter of Basic Rights was ratified by the Government, it would be incorporated into the national legislative system to serve as an instrument in promoting human rights. The Charter was a very comprehensive text written in simple language so that any layman could understand it.
Belgium was a federated State with domestic jurisdiction of the federated states being extended to international jurisdiction, the delegation said. In 1993, the constitutional law was amended to include states and communities as part of the federation. Federated states were provided with juridical entities to govern themselves and to run their own affairs. Each state had the right to introduce its own policy on economic, social and cultural affairs.
On the issue of human rights organizations, the delegation said that the Belgian Centre for Equal Opportunity and Anti-Racism which was attached to the Prime Minister's Office was entrusted with the task of monitoring the implementation of human rights and assisting anyone wishing to consult it regarding the scope of his or her rights and obligations. The Centre also received various types of complaints from individuals, including foreigners. In addition, other agencies in the ministries were also carrying out such activities. At the federal level, the Belgian High Commission for Human Rights was active in the promotion of international cooperation in human rights and in the fight against racism and racial discrimination. Further, Belgium was contributing to the World Conference against Racism and Racial Discrimination.
Concerning a question on the denial of the existence of the Holocaust, the delegation said that acts of revising the Holocaust were prohibited in Belgium. Publications and books written on the subject to undermine the existence of the Holocaust were considered to be revisionist crimes.
Belgium appreciated the lengthy work of the Committee in preparing the draft optional protocol to the Covenant, the delegation said. The Government was studying the draft for future action as it did to other international instruments. Belgium considered that eventually it could accede to the draft protocol which would grant an international right of appeal to the victims of violations of the rights contained in the Covenant. Already, Belgium had approved the individual complaints mechanism of the European Social Charter.
Foreigners were subjected to certain economic and social restrictions, the delegation said. Access to the labour market was conditional on the possession of a work permit; and for a foreigner to work as a self-employed person, the issuance of a "carte professionnelle" by the authorities was essential. A new law on the employment of foreign workers was adopted by parliament last year. It specified that an employer wishing to employ a foreign worker should first obtain authorization from the competent authority.
There was no national plan of action on human rights, either at the federal or regional level, the delegation said. But the political authorities were in favour of such plans and they maintained interest in human rights. Because of devolution of power to the regions and communities, there was no national action on human rights, but the judicial system was one for all. One of the main focuses of Belgium's foreign policy was human rights.
In follow-up questions, an Expert remarked that the Belgian legislative system contained provisions to combat all acts of racial discrimination; however, there was a lack of legislation banning organizations which promoted racial hatred. Another Expert asked if there was discrimination against elderly people.
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