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Human Rights Committee concludes review of Belgian report
22 October 1998
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AFTERNOON
HR/CT/98/32
22 October 1998
The Human Rights Committee this afternoon concluded it consideration of the third periodic report of the Government of Belgium on the country's compliance with the provisions of the International Covenant on Civil and Political Rights.
In their preliminary concluding observations and recommendations, Committee members expressed their concern at the manner in which foreigners were expelled from Belgium.
Final, written concluding observations and recommendations by the Committee will be issued towards the end of the three-week session, which concludes on 6 November.
As one of 140 States parties to the Covenant, Belgium is obliged to submit periodic reports to the Committee on its efforts to implement the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Friday, 23 October, it will discuss its general comments on the right to freedom of movement.
Discussion
A Committee expert, referring to the incident in Somalia, said that Belgium was responsible for its soldiers behaving properly wherever they were. The soldiers, through shameful acts committed against Somalis, had transgressed against the provisions of the Covenant. In addition, the measures taken against the offenders were “soft”, the expert said.
The practice of bail in judicial proceedings was the exception rather than the rule, an expert said. Instead of reducing sentences and liberating prisoners on bail, the Government complained of overcrowding and lack of money to construct additional prison premises. The Government should not complain.
An expert said that foreign workers were paid cheap rates and that the Government did not take any concrete measures to ameliorate their condition. Foreign workers, because of their status and other reasons, were unable to engage into any remedial recourse to ensure that their rights were respected.
In response to oral questions put by Committee members, the delegation said that the use of a pillow to silence a noisy foreigner who was being expelled was a usual practice by Belgian police and gendarmerie. Besides the case of Semira Adamu, the Nigerian asylum seeker who died of forceful suffocation, there were similar cases that had occurred in the past. A Moroccan had died after he arrived in Casablanca, and a Zairian also passed away upon arriving in Kinshasa. All those cases were related to the forced asphyxiation of the individuals by Belgian security forces in the course of expulsion. A criminal investigation procedure was underway to identify those responsible in the incident that led to the death of Ms. Adamu on Belgian territory, added the delegation.
A question was asked about the situation of asylum seekers to which the delegation said that there was compulsory registration of asylum seekers in specified communes. The law on asylum established the criteria for a harmonious distribution of asylum seekers among the country's communes. Prior to the distribution, asylum seekers had to be screened and kept in closed centres. If a child entered the Belgian territory to seek asylum, he or she were kept in an open centre where full medical and other needs were provided. Asylum seekers whose applications were rejected by the authorities were kept in jail for possible expulsion or removal from Belgian territory. However, only 20 per cent of those subjected to expulsion were actually in prisons.
As regards to repatriation, the delegation said that aliens who were not permanent residents could be repatriated only in the event of a serious violation of public order or national security. Those included aliens who had been officially and uninterruptedly resident in the country for at least 10 years.
The delegation said that any Belgian citizen could not be exempted from an offence he or she committed wherever it happened. In the case of the incident involving Belgian soldiers under the United Nations banner, those responsible for the offence had been identified and the necessary punitive measures had already been carried out.
With regard to prisoners alleged to have no access to counselling and sanitary facilities, the delegation disagreed by affirming that every prisoner had the possibility to have a lawyer and medical treatment. In the case of preventive detention, measures were being taken to improve the conditions and to shorten the terms.
The delegation said that the Government of Belgium had underlined the necessity of education of its police force in order to change the behaviour of its members. Series of seminars and training programmes were held to increase their awareness and to strengthen their knowledge of human rights.
In response to the second cluster of written questions prepared in advance by Committee members, the delegation affirmed that freedom of expression was one of the democratic pillars of modern Belgian society. The Government had no monopoly over radio, television or newspapers. During the period from 1988 to 1995, the Flemish Community's regulations concerning the audio-visual media were heavily amended, partly with a view to extending guarantees of freedom of expression and pluralism to this sector. The French Community had also made similar gestures to guarantee the freedom of expression.
The delegation said that the condition of women in Belgium had improved and that their equal participation in public affairs was guaranteed by law as well as in practice. To enhance participation of women in the economy and in decision-making, numerous measures of affirmative action had been taken. In order to increase the number of women in public life, a law had been adopted in 1994 that stipulated that the number of candidates of the same sex should not exceed two thirds on any electoral list. In addition, the Government had adopted legislative measures against trafficking in persons, prostitution and pornography with extraterritorial applications to address the issue of sexual exploitation of women.
In response to a question on prohibition of discrimination and rights of persons belonging to minorities, the delegation said that the Belgian legal system protected minorities through two categories of rights and freedoms: human rights and fundamental freedoms were enjoyed by all, without any form of discrimination; and institutional provisions were created to ensure that persons belonging to minorities received special protection that was the corollary of real and effective equality.
Regarding the right to strike, the delegation said that the freedom to strike was implicitly recognized in Belgium. The Act of 19 August 1948 on the provision of public services in time of peace allowed workers to be requisitioned for "indispensable tasks". That Act had the effect of limiting the right to strike and the damage to the general interest it involved.
Preliminary Concluding Observations and Recommendations
In their concluding observations and recommendations, Committee members lauded the openness of the Belgian media, which allowed the world to know about the issue of expulsions and the offence committed by the Belgian soldiers in Somalia. The Committee was concerned about those issues.
The Committee said that the Government of Belgium was aware of its shortcomings and that it was engaged in a discussion on the independence of the judiciary.
The Committee was of the view that the monitoring system within the police was less evident in the event of persons under police custody not being notified of their rights. Maltreatment, violence and forced confession could happen while in police custody.
HR/CT/98/32
22 October 1998
The Human Rights Committee this afternoon concluded it consideration of the third periodic report of the Government of Belgium on the country's compliance with the provisions of the International Covenant on Civil and Political Rights.
In their preliminary concluding observations and recommendations, Committee members expressed their concern at the manner in which foreigners were expelled from Belgium.
Final, written concluding observations and recommendations by the Committee will be issued towards the end of the three-week session, which concludes on 6 November.
As one of 140 States parties to the Covenant, Belgium is obliged to submit periodic reports to the Committee on its efforts to implement the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Friday, 23 October, it will discuss its general comments on the right to freedom of movement.
Discussion
A Committee expert, referring to the incident in Somalia, said that Belgium was responsible for its soldiers behaving properly wherever they were. The soldiers, through shameful acts committed against Somalis, had transgressed against the provisions of the Covenant. In addition, the measures taken against the offenders were “soft”, the expert said.
The practice of bail in judicial proceedings was the exception rather than the rule, an expert said. Instead of reducing sentences and liberating prisoners on bail, the Government complained of overcrowding and lack of money to construct additional prison premises. The Government should not complain.
An expert said that foreign workers were paid cheap rates and that the Government did not take any concrete measures to ameliorate their condition. Foreign workers, because of their status and other reasons, were unable to engage into any remedial recourse to ensure that their rights were respected.
In response to oral questions put by Committee members, the delegation said that the use of a pillow to silence a noisy foreigner who was being expelled was a usual practice by Belgian police and gendarmerie. Besides the case of Semira Adamu, the Nigerian asylum seeker who died of forceful suffocation, there were similar cases that had occurred in the past. A Moroccan had died after he arrived in Casablanca, and a Zairian also passed away upon arriving in Kinshasa. All those cases were related to the forced asphyxiation of the individuals by Belgian security forces in the course of expulsion. A criminal investigation procedure was underway to identify those responsible in the incident that led to the death of Ms. Adamu on Belgian territory, added the delegation.
A question was asked about the situation of asylum seekers to which the delegation said that there was compulsory registration of asylum seekers in specified communes. The law on asylum established the criteria for a harmonious distribution of asylum seekers among the country's communes. Prior to the distribution, asylum seekers had to be screened and kept in closed centres. If a child entered the Belgian territory to seek asylum, he or she were kept in an open centre where full medical and other needs were provided. Asylum seekers whose applications were rejected by the authorities were kept in jail for possible expulsion or removal from Belgian territory. However, only 20 per cent of those subjected to expulsion were actually in prisons.
As regards to repatriation, the delegation said that aliens who were not permanent residents could be repatriated only in the event of a serious violation of public order or national security. Those included aliens who had been officially and uninterruptedly resident in the country for at least 10 years.
The delegation said that any Belgian citizen could not be exempted from an offence he or she committed wherever it happened. In the case of the incident involving Belgian soldiers under the United Nations banner, those responsible for the offence had been identified and the necessary punitive measures had already been carried out.
With regard to prisoners alleged to have no access to counselling and sanitary facilities, the delegation disagreed by affirming that every prisoner had the possibility to have a lawyer and medical treatment. In the case of preventive detention, measures were being taken to improve the conditions and to shorten the terms.
The delegation said that the Government of Belgium had underlined the necessity of education of its police force in order to change the behaviour of its members. Series of seminars and training programmes were held to increase their awareness and to strengthen their knowledge of human rights.
In response to the second cluster of written questions prepared in advance by Committee members, the delegation affirmed that freedom of expression was one of the democratic pillars of modern Belgian society. The Government had no monopoly over radio, television or newspapers. During the period from 1988 to 1995, the Flemish Community's regulations concerning the audio-visual media were heavily amended, partly with a view to extending guarantees of freedom of expression and pluralism to this sector. The French Community had also made similar gestures to guarantee the freedom of expression.
The delegation said that the condition of women in Belgium had improved and that their equal participation in public affairs was guaranteed by law as well as in practice. To enhance participation of women in the economy and in decision-making, numerous measures of affirmative action had been taken. In order to increase the number of women in public life, a law had been adopted in 1994 that stipulated that the number of candidates of the same sex should not exceed two thirds on any electoral list. In addition, the Government had adopted legislative measures against trafficking in persons, prostitution and pornography with extraterritorial applications to address the issue of sexual exploitation of women.
In response to a question on prohibition of discrimination and rights of persons belonging to minorities, the delegation said that the Belgian legal system protected minorities through two categories of rights and freedoms: human rights and fundamental freedoms were enjoyed by all, without any form of discrimination; and institutional provisions were created to ensure that persons belonging to minorities received special protection that was the corollary of real and effective equality.
Regarding the right to strike, the delegation said that the freedom to strike was implicitly recognized in Belgium. The Act of 19 August 1948 on the provision of public services in time of peace allowed workers to be requisitioned for "indispensable tasks". That Act had the effect of limiting the right to strike and the damage to the general interest it involved.
Preliminary Concluding Observations and Recommendations
In their concluding observations and recommendations, Committee members lauded the openness of the Belgian media, which allowed the world to know about the issue of expulsions and the offence committed by the Belgian soldiers in Somalia. The Committee was concerned about those issues.
The Committee said that the Government of Belgium was aware of its shortcomings and that it was engaged in a discussion on the independence of the judiciary.
The Committee was of the view that the monitoring system within the police was less evident in the event of persons under police custody not being notified of their rights. Maltreatment, violence and forced confession could happen while in police custody.