Quality of Democracy
#16Key Findings
With a complex federal and linguistic environment, Belgium falls into the upper-middle ranks (rank 16) with regard to its quality of democracy. Its score on this measure is unchanged relative to 2014.
Voting is compulsory, and all citizens are automatically registered. Minority-language voters sometimes have trouble obtaining voting documents in their native language. Political parties are for the most part publicly funded. While no referendum mechanism exists, regional citizen assemblies and other participatory models are becoming increasingly common.
The media are largely independent, but major print-press groups are suffering from financial difficulties. The pandemic prompted media to treat government statements more critically even on non-health issues. COVID-19 control measures included some suppression of individual liberties, but civil rights are in general well-protected. Discrimination against ethnic minorities and refugees can be a problem.
The coronavirus crisis led to frequent changes in legal rules. While the legal environment is normally far less chaotic, the devolution of responsibilities to regional governments has diminished service homogeneity. Outright corruption is uncommon, but some abuses of public office have recently occurred.
Voting is compulsory, and all citizens are automatically registered. Minority-language voters sometimes have trouble obtaining voting documents in their native language. Political parties are for the most part publicly funded. While no referendum mechanism exists, regional citizen assemblies and other participatory models are becoming increasingly common.
The media are largely independent, but major print-press groups are suffering from financial difficulties. The pandemic prompted media to treat government statements more critically even on non-health issues. COVID-19 control measures included some suppression of individual liberties, but civil rights are in general well-protected. Discrimination against ethnic minorities and refugees can be a problem.
The coronavirus crisis led to frequent changes in legal rules. While the legal environment is normally far less chaotic, the devolution of responsibilities to regional governments has diminished service homogeneity. Outright corruption is uncommon, but some abuses of public office have recently occurred.
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How fair are procedures for registering candidates and parties?
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Legal regulations provide for a fair registration procedure for all elections; candidates and parties are not discriminated against.
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A few restrictions on election procedures discriminate against a small number of candidates and parties.
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Some unreasonable restrictions on election procedures exist that discriminate against many candidates and parties.
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Discriminating registration procedures for elections are widespread and prevent a large number of potential candidates or parties from participating.
Standard legal restrictions, such as requiring a certain number of signatures before an individual may run as a candidate, are fair and are effective in controlling the number of candidates in any election. The same holds for parties, which can be relatively easily registered and at very little cost, even in a single constituency (or electoral “arrondissement”). In practice, however, such restrictions may represent a higher hurdle for smaller or local parties or candidates. One reason is that the registration process has been mastered by the more established parties, but poses more of a challenge for individual candidates. Most political parties offer a broad diversity of candidates along the dimensions of gender, age and ethnicity. Following successive reforms, gender rules are now quite specific, with mandatory quotas for electoral lists at all electoral levels (i.e., local, provincial, regional, federal and European). These rules are abided by the parties, though there remains overall a higher proportion of male candidates at the top of party lists (i.e., with a much higher chance of being elected).
To what extent do candidates and parties have fair access to the media and other means of communication?
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All candidates and parties have equal opportunities of access to the media and other means of communication. All major media outlets provide a fair and balanced coverage of the range of different political positions.
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Candidates and parties have largely equal opportunities of access to the media and other means of communication. The major media outlets provide a fair and balanced coverage of different political positions.
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Candidates and parties often do not have equal opportunities of access to the media and other means of communication. While the major media outlets represent a partisan political bias, the media system as a whole provides fair coverage of different political positions.
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Candidates and parties lack equal opportunities of access to the media and other means of communications. The major media outlets are biased in favor of certain political groups or views and discriminate against others.
All mainstream political parties, or so-called democratic parties, have broadly equal access to the media, both public and private. However, the provision of equal public-media airtime is not guaranteed by law, though those parties with parliamentary representation (as well as the main trade unions, employers’ organizations and religious denominations) receive some specific airtime for short broadcasts of their own. Minor parties and so-called non-democratic (essentially post-fascist) parties do not have equal access to media, as the main TV stations, for instance, reserve the right to ban such political parties from broadcasts. Print media also offer broad and mostly balanced coverage of political parties, although some newspapers may have preferential links to this or that party “family.”
The influence of post-fascist or national-populist parties varies depending on geographical region. In Flanders, the national-populist Vlaams Belang is considered to be an acceptable party for media interviews and broadcasts. The communist PTB/PVdA receives considerable media coverage across the country since it is now represented in parliament, has a quite mediagenic leader and is popular in polls (especially among French-speaking Belgians). All other parties have quite fair access to the media. Difficulty of access seems to be a substantial issue only for ultra-minority parties, largely because of their small size.
The influence of post-fascist or national-populist parties varies depending on geographical region. In Flanders, the national-populist Vlaams Belang is considered to be an acceptable party for media interviews and broadcasts. The communist PTB/PVdA receives considerable media coverage across the country since it is now represented in parliament, has a quite mediagenic leader and is popular in polls (especially among French-speaking Belgians). All other parties have quite fair access to the media. Difficulty of access seems to be a substantial issue only for ultra-minority parties, largely because of their small size.
To what extent do all citizens have the opportunity to exercise their right of participation in national elections?
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All adult citizens can participate in national elections. All eligible voters are registered if they wish to be. There are no discriminations observable in the exercise of the right to vote. There are no disincentives to voting.
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The procedures for the registration of voters and voting are for the most part effective, impartial and nondiscriminatory. Citizens can appeal to courts if they feel being discriminated. Disincentives to voting generally do not constitute genuine obstacles.
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While the procedures for the registration of voters and voting are de jure non-discriminatory, isolated cases of discrimination occur in practice. For some citizens, disincentives to voting constitute significant obstacles.
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The procedures for the registration of voters or voting have systemic discriminatory effects. De facto, a substantial number of adult citizens are excluded from national elections.
Voting is compulsory in Belgium, and all resident Belgian citizens are automatically registered to vote. Non-Belgian residents and Belgian nationals living abroad must register on a voluntary basis.
There are two marginal limitations in terms of the proportion of voters concerned. In some municipalities with “linguistic facilities” around Brussels (i.e., situated in Flanders, but with a significant proportion of French-speaking voters), voters may not receive voting documents in their native language. The situation is usually handled quite pragmatically, but in 2015 this led to the prolongation of a stalemate in one “commune à facilités/ faciliteitengemeente” in the Flemish periphery of Brussels. In this municipality, Linkebeek, no arrangement could be found for the (Francophone) mayor to be officially installed by the (Flemish) regional authorities, although he and his list had captured a broad majority of the (largely francophone) vote. Eventually another Francophone mayor was installed in Linkebeek after the 2018 local elections, but local tensions and complications persist, as in some other “communes à facilités/ faciliteitengemeenten.” Most Francophone voters did not receive voting documents in their native language for the 2019 regional, federal and European elections.
The fact that compulsory voting is not extended to Belgian nationals living abroad means that their actual degree of representation is lower than that of regular voters. There are no specifically allocated parliamentary seats (or alternative arrangement) to represent Belgian nationals living abroad.
There are two marginal limitations in terms of the proportion of voters concerned. In some municipalities with “linguistic facilities” around Brussels (i.e., situated in Flanders, but with a significant proportion of French-speaking voters), voters may not receive voting documents in their native language. The situation is usually handled quite pragmatically, but in 2015 this led to the prolongation of a stalemate in one “commune à facilités/ faciliteitengemeente” in the Flemish periphery of Brussels. In this municipality, Linkebeek, no arrangement could be found for the (Francophone) mayor to be officially installed by the (Flemish) regional authorities, although he and his list had captured a broad majority of the (largely francophone) vote. Eventually another Francophone mayor was installed in Linkebeek after the 2018 local elections, but local tensions and complications persist, as in some other “communes à facilités/ faciliteitengemeenten.” Most Francophone voters did not receive voting documents in their native language for the 2019 regional, federal and European elections.
The fact that compulsory voting is not extended to Belgian nationals living abroad means that their actual degree of representation is lower than that of regular voters. There are no specifically allocated parliamentary seats (or alternative arrangement) to represent Belgian nationals living abroad.
To what extent is private and public party financing and electoral campaign financing transparent, effectively monitored and in case of infringement of rules subject to proportionate and dissuasive sanction?
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The state enforces that donations to political parties are made public and provides for independent monitoring to that respect. Effective measures to prevent evasion are effectively in place and infringements subject to effective, proportionate and dissuasive sanctions.
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The state enforces that donations to political parties are made public and provides for independent monitoring. Although infringements are subject to proportionate sanctions, some, although few, loopholes and options for circumvention still exist.
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The state provides that donations to political parties shall be published. Party financing is subject to some degree of independent monitoring but monitoring either proves regularly ineffective or proportionate sanctions in case of infringement do not follow.
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The rules for party and campaign financing do not effectively enforce the obligation to make the donations public. Party and campaign financing is neither monitored independently nor, in case of infringements, subject to proportionate sanctions.
All political parties represented in parliament are largely financed by the state, based on the number of votes cast and the number of parliamentary seats, and private contributions are limited. Electoral campaigns at all levels are subject to tight regulations on allowed spending, both in terms of amount and item. After each election, all advertising and campaign spending and contributions are scrutinized in detail by a special parliamentary committee, with limited partisan bias. Candidates who infringe the rules may, for instance, lose the right to be elected, even though such instances are rare. In most cases, a range of more modest (financial) sanctions are implemented, typically seeing the candidate forced to repay non-eligible expenses or overspending.
Tight financial control over the party accounts is also exerted during non-electoral periods, again by a special largely nonpartisan parliamentary committee. In 2015, two parties received modest sanctions following some remarks on their accounting techniques. This was quite hotly debated and framed in terms of majority/opposition tensions, but can generally be seen as an indication that the system of checks and balances functions quite well.
Tight financial control over the party accounts is also exerted during non-electoral periods, again by a special largely nonpartisan parliamentary committee. In 2015, two parties received modest sanctions following some remarks on their accounting techniques. This was quite hotly debated and framed in terms of majority/opposition tensions, but can generally be seen as an indication that the system of checks and balances functions quite well.
Do citizens have the opportunity to take binding political decisions when they want to do so?
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Citizens have the effective opportunity to actively propose and take binding decisions on issues of importance to them through popular initiatives and referendums. The set of eligible issues is extensive, and includes national, regional, and local issues.
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Citizens have the effective opportunity to take binding decisions on issues of importance to them through either popular initiatives or referendums. The set of eligible issues covers at least two levels of government.
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Citizens have the effective opportunity to vote on issues of importance to them through a legally binding measure. The set of eligible issues is limited to one level of government.
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Citizens have no effective opportunity to vote on issues of importance to them through a legally binding measure.
Referendums are illegal in Belgium. The main rationale is to avoid a “tyranny of the majority,” given the fragmentation between Flemish speakers (a majority at the national level), German speakers (the smallest group at the national level), and French speakers (about 40% of the national population, but a majority in the Brussels region).
However, the situation is developing in the positive direction, with several political parties now openly pushing for the incorporation of public consultations and deliberation in political decision-making. An ambitious “citizen dialogue” (“Bürgerdialog”) system has been institutionalized within the German-speaking community (“Ostbelgien,” the smallest of the three communities, after the Flemish and French-speaking) via the creation of a permanent citizen assembly (Bürgerversammlung) and a citizen council (Bürgerrad), both of which closely cooperate with the Ostbelgien parliament. The citizen assembly is composed of randomly selected members of the population, in the spirit of the G1000 initiative, and is involved in policymaking on themes that are identified by the citizen council. Various similar participatory and/or deliberative schemes, though less ambitious and extensive at this stage, are beginning to be implemented in the other larger regions and communities. In the Brussels Capital region, for instance, some focused “deliberative committees” composed three-quarters of randomly selected citizens and one-quarter of regional members of parliament are being installed; they will produce specific recommendations that will be used to develop legislation.
Another positive evolution has been the wave of regular demonstrations initiated by “climate express” and “coalition climate,” which have been supported by high school pupils and by students. These demonstrations brought environmental concerns to the forefront, influencing the recent electoral debates and boosting the vote share of Belgium’s various green parties (although more so in the French-speaking part of the country). This development reflects pre-existing dynamics, mainly driven by bottom-up citizen (e.g., the G1000) or academic (e.g., Re-Bel – Rebuilding Belgium) initiatives.
Citations:
About the ‘G1000’ deliberative process (and linked initiatives): http://www.g1000.org/en/
About re-bel: https://rethinkingbelgium.eu/
https://plus.lesoir.be/208837/article/2019-02-25/la-communaute-germanophone-se-dote-dune-assemblee-citoyenne
https://plus.lesoir.be/254845/article/2019-10-19/extinction-rebellion-bruxelles-une-enquete-interne-est-ouverte-suite-aux
Brussels Government agreement: see Axe 3, paragraph 3 of the “Déclaration de politique générale commune au Gouvernement de la Région de Bruxelles-Capitale et au Collège réuni de la Commission communautaire commune. LÉGISLATURE 2019-2024”
Walloon Government agreement: see Chapter 21 of the “Déclaration de politique régionale pour la Wallonie, 2019-2024”
https://democratie.brussels/pages/cd_open [official www pages of the Brussels Capital region “deliberative committees”]
https://www.buergerdialog.be/ [official www pages of the Ostbelgien “citizen dialogue”]
However, the situation is developing in the positive direction, with several political parties now openly pushing for the incorporation of public consultations and deliberation in political decision-making. An ambitious “citizen dialogue” (“Bürgerdialog”) system has been institutionalized within the German-speaking community (“Ostbelgien,” the smallest of the three communities, after the Flemish and French-speaking) via the creation of a permanent citizen assembly (Bürgerversammlung) and a citizen council (Bürgerrad), both of which closely cooperate with the Ostbelgien parliament. The citizen assembly is composed of randomly selected members of the population, in the spirit of the G1000 initiative, and is involved in policymaking on themes that are identified by the citizen council. Various similar participatory and/or deliberative schemes, though less ambitious and extensive at this stage, are beginning to be implemented in the other larger regions and communities. In the Brussels Capital region, for instance, some focused “deliberative committees” composed three-quarters of randomly selected citizens and one-quarter of regional members of parliament are being installed; they will produce specific recommendations that will be used to develop legislation.
Another positive evolution has been the wave of regular demonstrations initiated by “climate express” and “coalition climate,” which have been supported by high school pupils and by students. These demonstrations brought environmental concerns to the forefront, influencing the recent electoral debates and boosting the vote share of Belgium’s various green parties (although more so in the French-speaking part of the country). This development reflects pre-existing dynamics, mainly driven by bottom-up citizen (e.g., the G1000) or academic (e.g., Re-Bel – Rebuilding Belgium) initiatives.
Citations:
About the ‘G1000’ deliberative process (and linked initiatives): http://www.g1000.org/en/
About re-bel: https://rethinkingbelgium.eu/
https://plus.lesoir.be/208837/article/2019-02-25/la-communaute-germanophone-se-dote-dune-assemblee-citoyenne
https://plus.lesoir.be/254845/article/2019-10-19/extinction-rebellion-bruxelles-une-enquete-interne-est-ouverte-suite-aux
Brussels Government agreement: see Axe 3, paragraph 3 of the “Déclaration de politique générale commune au Gouvernement de la Région de Bruxelles-Capitale et au Collège réuni de la Commission communautaire commune. LÉGISLATURE 2019-2024”
Walloon Government agreement: see Chapter 21 of the “Déclaration de politique régionale pour la Wallonie, 2019-2024”
https://democratie.brussels/pages/cd_open [official www pages of the Brussels Capital region “deliberative committees”]
https://www.buergerdialog.be/ [official www pages of the Ostbelgien “citizen dialogue”]
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To what extent are the media independent from government?
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Public and private media are independent from government influence; their independence is institutionally protected and fully respected by the incumbent government.
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The incumbent government largely respects the independence of media. However, there are occasional attempts to exert influence.
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The incumbent government seeks to ensure its political objectives indirectly by influencing the personnel policies, organizational framework or financial resources of public media, and/or the licensing regime/market access for private media.
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Major media outlets are frequently influenced by the incumbent government promoting its partisan political objectives. To ensure pro-government media reporting, governmental actors exert direct political pressure and violate existing rules of media regulation or change them to benefit their interests.
Some of the main public television and radio stations are managed by representatives of the main political parties; the head of the main French-speaking public media organization actually is appointed by the government and claims an official post comparable to that of a civil servant. Nevertheless, the media organization’s journalists work largely free from direct control or political influence, even if some reporting may at times be a bit too uncritical of the government position.
The country’s main private television and radio stations in general operate independently of political parties, even though some interpersonal connections exist at the levels of upper management. Privately held press organizations are largely independent, and they do their best to scrutinize public activities despite increasing financial pressures.
The country’s main private television and radio stations in general operate independently of political parties, even though some interpersonal connections exist at the levels of upper management. Privately held press organizations are largely independent, and they do their best to scrutinize public activities despite increasing financial pressures.
To what extent are the media characterized by an ownership structure that ensures a pluralism of opinions?
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Diversified ownership structures characterize both the electronic and print media market, providing a well-balanced pluralism of opinions. Effective anti-monopoly policies and impartial, open public media guarantee a pluralism of opinions.
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Diversified ownership structures prevail in the electronic and print media market. Public media compensate for deficiencies or biases in private media reporting by representing a wider range of opinions.
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Oligopolistic ownership structures characterize either the electronic or the print media market. Important opinions are represented but there are no or only weak institutional guarantees against the predominance of certain opinions.
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Oligopolistic ownership structures characterize both the electronic and the print media market. Few companies dominate the media, most programs are biased, and there is evidence that certain opinions are not published or are marginalized.
Relatively few entities have an ownership stake in the major private media companies, a situation normal within an economy of this size and within an oligopolistic market. In practice, the various media outlets (television, radio, print and web) offer a diverse range of opinions, and most political positions are well represented. The boards of Belgium’s two large public media entities for radio and television (the Flemish VRT and the francophone RTBF) are composed of representatives from most political parties, including opposition parties (from among the main parliamentary parties).
One issue affecting media outlets is the growing financial stress on print media. Tighter budgets have restricted newspapers’ ability to pursue in-depth investigations on a systematic basis, and have in general diminished some of the public scrutiny that a free press is in theory supposed to exert. Most of the major print press groups, both Flemish and Francophone, are encountering severe financial difficulties as print sales continue to decline and web-based business models appear unable to sustain a broad pool of professional journalists.
One issue affecting media outlets is the growing financial stress on print media. Tighter budgets have restricted newspapers’ ability to pursue in-depth investigations on a systematic basis, and have in general diminished some of the public scrutiny that a free press is in theory supposed to exert. Most of the major print press groups, both Flemish and Francophone, are encountering severe financial difficulties as print sales continue to decline and web-based business models appear unable to sustain a broad pool of professional journalists.
To what extent can citizens obtain official information?
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Legal regulations guarantee free and easy access to official information, contain few, reasonable restrictions, and there are effective mechanisms of appeal and oversight enabling citizens to access information.
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Access to official information is regulated by law. Most restrictions are justified, but access is sometimes complicated by bureaucratic procedures. Existing appeal and oversight mechanisms permit citizens to enforce their right of access.
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Access to official information is partially regulated by law, but complicated by bureaucratic procedures and some poorly justified restrictions. Existing appeal and oversight mechanisms are often ineffective.
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Access to official information is not regulated by law; there are many restrictions of access, bureaucratic procedures and no or ineffective mechanisms of enforcement.
If anything, the COVID-19 crisis improved both media access to government information and the media’s scrutiny of the government’s decisions as the waves of infection succeeded one another. Most mainstream media went from an attitude of rubber-stamping government decisions in March 2020 to a relatively constructive questioning of the coherence of the various actions by December 2021. This proactive role has partially spilled over to other areas of concern, like corruption in the former colony of Congo, tax evasion, graft and so on.
The pre-COVID-19 starting point was already quite good. Legally, access to information is expected to be provided without impediment (Belgium was one of the signatories of the Convention on Access to Official Documents in 2009). In practice, some information can be (made) hard to find. This is further complicated by the multilevel structure of state institutions and administration (federal, regional/community, provincial and local), which is additionally characterized by ineffective sharing and aggregation of information across all levels.
However, judicial mechanisms for appeal are effective and judicial decisions can set a precedent that modify access to information. In particular, courts have occasionally forced authorities or government-related institutions to share internal documentation with the public. At the other extreme, Belgium often has a narrow interpretation of the individual right to data protection, which occasionally hinders research. During much of the COVID-19 crisis, for instance, even academic virologists could not even access the city-level information they needed to forecast the spread of the virus, out of anonymity concerns. More broadly, such a narrow interpretation often makes it difficult to implement evidence-based policies.
The pre-COVID-19 starting point was already quite good. Legally, access to information is expected to be provided without impediment (Belgium was one of the signatories of the Convention on Access to Official Documents in 2009). In practice, some information can be (made) hard to find. This is further complicated by the multilevel structure of state institutions and administration (federal, regional/community, provincial and local), which is additionally characterized by ineffective sharing and aggregation of information across all levels.
However, judicial mechanisms for appeal are effective and judicial decisions can set a precedent that modify access to information. In particular, courts have occasionally forced authorities or government-related institutions to share internal documentation with the public. At the other extreme, Belgium often has a narrow interpretation of the individual right to data protection, which occasionally hinders research. During much of the COVID-19 crisis, for instance, even academic virologists could not even access the city-level information they needed to forecast the spread of the virus, out of anonymity concerns. More broadly, such a narrow interpretation often makes it difficult to implement evidence-based policies.
Graph View
To what extent does the state respect and protect civil rights and how effectively are citizens protected by courts against infringements of their rights?
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All state institutions respect and effectively protect civil rights. Citizens are effectively protected by courts against infringements of their rights. Infringements present an extreme exception.
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The state respects and protects rights, with few infringements. Courts provide protection.
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Despite formal protection, frequent infringements of civil rights occur and court protection often proves ineffective.
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State institutions respect civil rights only formally, and civil rights are frequently violated. Court protection is not effective.
There is an anti-discrimination law in Belgium that dates from 1981. It is framed in opposition to both racism and xenophobia, and has been interpreted in a broad sense.
Belgian courts operate independently of political interests, and regularly challenge political decisions. Tensions between judges and politicians can even be said to have increased in recent years. Civil rights have traditionally been well-protected.
As in all countries, the COVID-19 crisis called for strong action that in some cases included the suppression of individual liberties. Liberty of movement, the right of association and the right to demonstrate have all been constrained during infection peaks. This very sensitive tension between public safety and liberty was present in all democratic countries. Belgium was among those countries that put more weight on safety. As far as one can tell, this did not damage the demand for civil liberties, nor the independence of the judiciary. Yet amid a global trend of the erosion of democratic rights, caution and continuous monitoring of the situation are called for.
Among the points requiring attention, the judicial system has been chronically underfunded. Judicial delays and independence are among the indicators that ought to improve with time. This was already a sticking point in earlier periods, to an extent that damaged Belgium’s position in both the World Economic Forum (WEF) and World Bank rankings.
A small number of citizens with dual citizenship who have engaged in activities deemed to be terrorist (especially in Syria) have been stripped of their Belgian nationality, and have therefore lost access to basic associated rights.
Citations:
https://fedweb.belgium.be/sites/default/files/downloads/broch_po_diversite_guide_methodologique_outil5_lois_antidiscrimination.pdf
http://www.doingbusiness.org/data/exploreeconomies/belgium#enforcing-contracts
http://reports.weforum.org/global-competitiveness-index-2017-2018/countryeconomy-profiles/#economy=BEL
Human Rights Watch: https://www.hrw.org/sites/default/files/report_pdf/belgium1116_web.pdf
Belgian courts operate independently of political interests, and regularly challenge political decisions. Tensions between judges and politicians can even be said to have increased in recent years. Civil rights have traditionally been well-protected.
As in all countries, the COVID-19 crisis called for strong action that in some cases included the suppression of individual liberties. Liberty of movement, the right of association and the right to demonstrate have all been constrained during infection peaks. This very sensitive tension between public safety and liberty was present in all democratic countries. Belgium was among those countries that put more weight on safety. As far as one can tell, this did not damage the demand for civil liberties, nor the independence of the judiciary. Yet amid a global trend of the erosion of democratic rights, caution and continuous monitoring of the situation are called for.
Among the points requiring attention, the judicial system has been chronically underfunded. Judicial delays and independence are among the indicators that ought to improve with time. This was already a sticking point in earlier periods, to an extent that damaged Belgium’s position in both the World Economic Forum (WEF) and World Bank rankings.
A small number of citizens with dual citizenship who have engaged in activities deemed to be terrorist (especially in Syria) have been stripped of their Belgian nationality, and have therefore lost access to basic associated rights.
Citations:
https://fedweb.belgium.be/sites/default/files/downloads/broch_po_diversite_guide_methodologique_outil5_lois_antidiscrimination.pdf
http://www.doingbusiness.org/data/exploreeconomies/belgium#enforcing-contracts
http://reports.weforum.org/global-competitiveness-index-2017-2018/countryeconomy-profiles/#economy=BEL
Human Rights Watch: https://www.hrw.org/sites/default/files/report_pdf/belgium1116_web.pdf
To what extent does the state concede and protect political liberties?
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All state institutions concede and effectively protect political liberties.
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All state institutions for the most part concede and protect political liberties. There are only few infringements.
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State institutions concede political liberties but infringements occur regularly in practice.
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Political liberties are unsatisfactory codified and frequently violated.
Belgium is a mature democracy in which political rights are generally well-protected. During the COVID-19 crisis, political liberties remained intact. Although some opposition parties occasionally spread “fake news” or discouraged the use of the Belgian “Coronalert” phone app under the argument that it could be used to track citizens, there was no attempt to limit the opposition’s freedom of speech.
Instead, civil liberties came under pressure during the crisis, with the government imposing restrictions on the right to assemble, and therefore to demonstrate. The high tension – not to say exhaustion – within police forces translated into periodic acts of violence, both from and against the police. While these were in no way part of a deliberate policy to restrict civil liberties, they resulted in a progressive erosion of norms. This trend, which probably started with the 2001 terror attacks in the United States and accelerated in the wake of the 2015 and 2016 attacks across Europe, is not entirely new.
By the end of 2021, there was greater awareness that public health measures could impact civil and political liberties. This had induced a more liberty-focused approach by the government, despite loud warnings by virologists and other epidemiological experts. Thus, if anything – and perhaps fleetingly – the needle seems to have been moving back toward political liberties.
Citations:
https://www.brusselstimes.com/news/belgium-all-news/135719/vlaams-belang-tom-van
https://plus.lesoir.be/326867/article/2020-09-22/sante-en-lutte-itineraire-dun-deploiement-policier-qui-fait-mal
https://www.rtbf.be/info/societe/detail_manifestations-la-sante-en-lutte-le-droit-de-manifester-est-l-un-des-droits-les-plus-fondamentaux-en-democratie?id=1052196
World Bank: https://www.doingbusiness.org/en/data/exploreeconomies/belgium#DB_ec
Instead, civil liberties came under pressure during the crisis, with the government imposing restrictions on the right to assemble, and therefore to demonstrate. The high tension – not to say exhaustion – within police forces translated into periodic acts of violence, both from and against the police. While these were in no way part of a deliberate policy to restrict civil liberties, they resulted in a progressive erosion of norms. This trend, which probably started with the 2001 terror attacks in the United States and accelerated in the wake of the 2015 and 2016 attacks across Europe, is not entirely new.
By the end of 2021, there was greater awareness that public health measures could impact civil and political liberties. This had induced a more liberty-focused approach by the government, despite loud warnings by virologists and other epidemiological experts. Thus, if anything – and perhaps fleetingly – the needle seems to have been moving back toward political liberties.
Citations:
https://www.brusselstimes.com/news/belgium-all-news/135719/vlaams-belang-tom-van
https://plus.lesoir.be/326867/article/2020-09-22/sante-en-lutte-itineraire-dun-deploiement-policier-qui-fait-mal
https://www.rtbf.be/info/societe/detail_manifestations-la-sante-en-lutte-le-droit-de-manifester-est-l-un-des-droits-les-plus-fondamentaux-en-democratie?id=1052196
World Bank: https://www.doingbusiness.org/en/data/exploreeconomies/belgium#DB_ec
How effectively does the state protect against different forms of discrimination?
10
9
9
State institutions effectively protect against and actively prevent discrimination. Cases of discrimination are extremely rare.
8
7
6
7
6
State anti-discrimination protections are moderately successful. Few cases of discrimination are observed.
5
4
3
4
3
State anti-discrimination efforts show limited success. Many cases of discrimination can be observed.
2
1
1
The state does not offer effective protection against discrimination. Discrimination is widespread in the public sector and in society.
Belgium is a highly diverse and generally tolerant country. Residents of Brussels represent 184 nationalities. Gay marriage has been legal since 2003, although cohabitation is not always easy. Nevertheless, racist or homophobic hate speech does exist and could be more harshly penalized. Discrimination also translates into lower employment rates and educational achievements among Belgian residents of foreign origin.
A dark spot has been the refugee crisis that led from the Libyan and Syrian civil wars. Although the government denies wrongdoing, human rights activists denounced police abuse when dealing with the presence of refugees in public parks. Hate speech also seems to have increased during the electoral period and elections witnessed a renewal for the extreme-right, with the Vlaams Belang winning 18% of votes in the Flemish regional elections in May 2019. In this context, the newly created Flemish government decided to withdraw from UNIA, the Interfederal Centre for Equal Opportunities and Opposition to Racism.
Though, to repeat, this dark spot is not the whole picture. The press, the judiciary and most political forces actively oppose racism and discrimination.
Less apparent, Belgium is less active in its support for disabled people and, in that regard, Belgium performs less well than most northern European countries. Another significant issue, which has thus far been systematically neglected, is the rights of and protections for elderly people living in retirement homes. Retirement home residents comprise a growing proportion of the population and it is clear – though this is not systematically monitored – that there are issues related to residents’ rights (e.g., issues of maltreatment).
Citations:
UNIA: https://www.unia.be/en
https://www.rtbf.be/info/belgique/detail_accord-flamand-une-politique-d-immigration-et-d-integration-nettement-plus-stricte?id=10329078
https://www.rtbf.be/info/societe/detail_violences-policieres-sur-migrants-30-des-victimes-sont-des-mineurs?id=10054512
https://plus.lesoir.be/243237/article/2019-08-22/les-signalements-de-haine-en-ligne-ont-double-en-periode-electorale
https://fondspourlejournalisme.be/telechargements/A-MImpeImagine.pdf
A dark spot has been the refugee crisis that led from the Libyan and Syrian civil wars. Although the government denies wrongdoing, human rights activists denounced police abuse when dealing with the presence of refugees in public parks. Hate speech also seems to have increased during the electoral period and elections witnessed a renewal for the extreme-right, with the Vlaams Belang winning 18% of votes in the Flemish regional elections in May 2019. In this context, the newly created Flemish government decided to withdraw from UNIA, the Interfederal Centre for Equal Opportunities and Opposition to Racism.
Though, to repeat, this dark spot is not the whole picture. The press, the judiciary and most political forces actively oppose racism and discrimination.
Less apparent, Belgium is less active in its support for disabled people and, in that regard, Belgium performs less well than most northern European countries. Another significant issue, which has thus far been systematically neglected, is the rights of and protections for elderly people living in retirement homes. Retirement home residents comprise a growing proportion of the population and it is clear – though this is not systematically monitored – that there are issues related to residents’ rights (e.g., issues of maltreatment).
Citations:
UNIA: https://www.unia.be/en
https://www.rtbf.be/info/belgique/detail_accord-flamand-une-politique-d-immigration-et-d-integration-nettement-plus-stricte?id=10329078
https://www.rtbf.be/info/societe/detail_violences-policieres-sur-migrants-30-des-victimes-sont-des-mineurs?id=10054512
https://plus.lesoir.be/243237/article/2019-08-22/les-signalements-de-haine-en-ligne-ont-double-en-periode-electorale
https://fondspourlejournalisme.be/telechargements/A-MImpeImagine.pdf
Graph View
To what extent do government and administration act on the basis of and in accordance with legal provisions to provide legal certainty?
10
9
9
Government and administration act predictably, on the basis of and in accordance with legal provisions. Legal regulations are consistent and transparent, ensuring legal certainty.
8
7
6
7
6
Government and administration rarely make unpredictable decisions. Legal regulations are consistent, but leave a large scope of discretion to the government or administration.
5
4
3
4
3
Government and administration sometimes make unpredictable decisions that go beyond given legal bases or do not conform to existing legal regulations. Some legal regulations are inconsistent and contradictory.
2
1
1
Government and administration often make unpredictable decisions that lack a legal basis or ignore existing legal regulations. Legal regulations are inconsistent, full of loopholes and contradict each other.
The rule of law is generally strong in Belgium. However, the COVID-19 crisis created the necessity for frequent changes in legal rules, making law enforcement particularly difficult, and occasionally nigh impossible. Many decisions were challenged, sometimes successfully, in court. Different courts actually interpreted newly passed measures differently. For instance, the digital COVID certificates granted to those who had been vaccinated, received negative tests or recovered from the coronavirus (called “Covid-Safe Tickets” in Belgium) either should be or could not be subjected to examination by the police, depending on the local interpretation of the law. Earlier in the crisis, the question of whether citizens had the right to buy their food in a store outside their own city was also interpreted differently by different police zones.
However, such chaotic circumstances are the exception rather than the rule. Traditionally, officials and administrations act in accordance with the law. The most salient weakness of the country is probably its evolving devolution of responsibilities from the federal to the regional governments, which complicates the homogeneity of the law, and hence its application by citizens and authorities alike.
Citations:
https://www.lesoir.be/art/d-20211118-GR04MC
However, such chaotic circumstances are the exception rather than the rule. Traditionally, officials and administrations act in accordance with the law. The most salient weakness of the country is probably its evolving devolution of responsibilities from the federal to the regional governments, which complicates the homogeneity of the law, and hence its application by citizens and authorities alike.
Citations:
https://www.lesoir.be/art/d-20211118-GR04MC
To what extent do independent courts control whether government and administration act in conformity with the law?
10
9
9
Independent courts effectively review executive action and ensure that the government and administration act in conformity with the law.
8
7
6
7
6
Independent courts usually manage to control whether the government and administration act in conformity with the law.
5
4
3
4
3
Courts are independent, but often fail to ensure legal compliance.
2
1
1
Courts are biased for or against the incumbent government and lack effective control.
The Constitutional Court (until 2007 called the Cour d’Arbitrage/Arbitragehof) is responsible for overseeing the validity of laws adopted by the executive branch. The Council of State (Conseil d’État/Raad van Staat) has supreme jurisdiction over the validity of administrative acts. These courts operate independently of the government, and often question or overturn executive branch decisions at the federal, subnational and local levels. The most recent sources of contention have been the anti-terror measures passed by the government, along with measures restricting foreigners’ rights. As in many countries, policymakers seeking to extend the police’s powers of investigation have skirted the thin line between respecting and infringing upon fundamental civil rights. Consequently, government proposals in these areas have regularly been struck down or modified by these two courts.
The Council of State is split into two linguistic chambers, with one being Dutch-speaking and the other French-speaking. These chambers are each responsible for reviewing the administrative acts of the regions and communities that fall under their respective linguistic auspices. This poses challenges with regard to government independence, especially when a case involves language policy or the balance of powers between different government levels.
Citations:
http://www.lexadin.nl/wlg/courts/nofr/eur/lxctbel.htm
http://www.business-anti-corruption.com/country-profiles/belgium
The Council of State is split into two linguistic chambers, with one being Dutch-speaking and the other French-speaking. These chambers are each responsible for reviewing the administrative acts of the regions and communities that fall under their respective linguistic auspices. This poses challenges with regard to government independence, especially when a case involves language policy or the balance of powers between different government levels.
Citations:
http://www.lexadin.nl/wlg/courts/nofr/eur/lxctbel.htm
http://www.business-anti-corruption.com/country-profiles/belgium
To what extent does the process of appointing (supreme or constitutional court) justices guarantee the independence of the judiciary?
10
9
9
Justices are appointed in a cooperative appointment process with special majority requirements.
8
7
6
7
6
Justices are exclusively appointed by different bodies with special majority requirements or in a cooperative selection process without special majority requirements.
5
4
3
4
3
Justices are exclusively appointed by different bodies without special majority requirements.
2
1
1
All judges are appointed exclusively by a single body irrespective of other institutions.
The Constitutional Court is composed of 12 justices who are appointed for life by the king, who selects candidates from a list submitted alternately by the Chamber of Deputies and by the Senate (with a special two-thirds majority). Six of the justices must be Dutch-speaking, and the other six French-speaking. One must be fluent in German. Within each linguistic group, three justices must have worked in a parliamentary assembly, and three must have either taught law or have been a magistrate.
The appointment process is transparent yet attracts little media attention. Given the appointment procedure, there is a certain level of politicization by the main political parties, and indeed most justices have had close links to one of the parties or have previously held political mandates before being appointed to the court. However, once appointed, most justices act independently.
The appointment process is transparent yet attracts little media attention. Given the appointment procedure, there is a certain level of politicization by the main political parties, and indeed most justices have had close links to one of the parties or have previously held political mandates before being appointed to the court. However, once appointed, most justices act independently.
To what extent are public officeholders prevented from abusing their position for private interests?
10
9
9
Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
8
7
6
7
6
Most integrity mechanisms function effectively and provide disincentives for public officeholders willing to abuse their positions.
5
4
3
4
3
Some integrity mechanisms function, but do not effectively prevent public officeholders from abusing their positions.
2
1
1
Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
While outright corruption is very uncommon in Belgium, several scandals involving abuse of public-office positions came to the fore. In most of these cases, the public officials involved actually did respect the letter of the law and thus could not be convicted by tribunals. But the scandals were so prominent in the press and shocking for the population that political parties expelled the individuals involved, and when possible, also removed them from the positions they were holding. This was also followed by a number of announcements by prominent long-time politicians that they were about to end their political careers.
The most recent case concerns a large public-private company in Wallonia. The company’s board of managers was tasked with divesting and privatizing a number of assets, but eventually had to be sacked for alleged abuse (with some lawsuits under way). This case follows a number of others, and may prove a turning point toward a stricter implementation of anti-corruption and abuse of public-office legislation in Belgium.
In the public sphere, rules are increasingly being tightened. Yet, according to Cumuleo, an activist group seeking to improve the regulation and oversight of public offices, Belgium still occasionally suffers from deep malpractice in reporting public decisions and a lack of actual control from the authorities that are expected to oversee these decisions.
Citations:
WEF: Schwab, Klaus (ed) (2019). The Global Competitiveness Report 2019. World Economic Forum.
http://plus.lesoir.be/archive/recup/1452484/article/soirmag/meilleur-du-soir-mag/2017-03-03/vrai-salaire-net-nos-elus
https://www.sudinfo.be/id149334/article/2019-10-31/nethys-stephane-moreau-pol-heyse-et-benedicte-bayer-se-sont-remuneres-en-cash-et
http://www.business-anti-corruption.com/country-profiles/belgium
http://www.tradingeconomics.com/belgium/corruption-rank
http://www.brusselstimes.com/opinion/8047/is-belgium-fighting-hard-enough-against-corruption
https://www.cumuleo.be/
www.cumuleo.be/presse/cp/02-09-2019.php
The most recent case concerns a large public-private company in Wallonia. The company’s board of managers was tasked with divesting and privatizing a number of assets, but eventually had to be sacked for alleged abuse (with some lawsuits under way). This case follows a number of others, and may prove a turning point toward a stricter implementation of anti-corruption and abuse of public-office legislation in Belgium.
In the public sphere, rules are increasingly being tightened. Yet, according to Cumuleo, an activist group seeking to improve the regulation and oversight of public offices, Belgium still occasionally suffers from deep malpractice in reporting public decisions and a lack of actual control from the authorities that are expected to oversee these decisions.
Citations:
WEF: Schwab, Klaus (ed) (2019). The Global Competitiveness Report 2019. World Economic Forum.
http://plus.lesoir.be/archive/recup/1452484/article/soirmag/meilleur-du-soir-mag/2017-03-03/vrai-salaire-net-nos-elus
https://www.sudinfo.be/id149334/article/2019-10-31/nethys-stephane-moreau-pol-heyse-et-benedicte-bayer-se-sont-remuneres-en-cash-et
http://www.business-anti-corruption.com/country-profiles/belgium
http://www.tradingeconomics.com/belgium/corruption-rank
http://www.brusselstimes.com/opinion/8047/is-belgium-fighting-hard-enough-against-corruption
https://www.cumuleo.be/
www.cumuleo.be/presse/cp/02-09-2019.php