Belgium

   

Diagonal Accountability

#13
Key Findings
Belgium falls into the middle ranks (rank 13) in the area of diagonal accountability.

Media freedom in Belgium is constitutionally protected and widely respected in practice. The media market is divided between Flemish- and French-speaking submarkets. Public broadcasters are partly managed by political appointees, but their journalists operate independently.

The private media sector is highly concentrated. Newspapers are facing severe financial difficulties, restricting reporting capacities. Civil liberties are broadly respected, although the COVID-19 era saw instances of violence both from and against police at protests.

Belgium’s policymaking follows a consensual model. Employers’ organizations and trade unions help negotiate policy. Large noneconomic civil society groups also influence policy, and are often tied to political parties. Environmental groups often draw popular support, but with inconsistent political follow-up.

Media Freedom and Pluralism

#15

To what extent are the media free from government influence and able to act independently?

10
 9

There are no disincentives, by law or in practice, for the media to criticize the government and public officials.
 8
 7
 6


Existing disincentives, by law and in practice, pose no significant obstacles to the media in criticizing the government and public officials.
 5
 4
 3


Existing disincentives, by law and in practice, pose some significant obstacles to the media in criticizing the government and public officials.
 2
 1

Existing disincentives, by law and in practice, pose various significant obstacles to the media in criticizing the government and public officials.
Free Media
8
Media freedom is enshrined in the Belgian constitution and widely respected in practice. Any news medium may be created and is free to express any political opinion unless it is reprehensible (e.g., open racism, calls to violence). Criticism of the government, even if unfair, is allowed. However, the Belgian market is narrow and divided between Dutch-speaking and French-speaking submarkets, limiting the entry of new media. For instance, some satirical/investigative media akin to the French Charlie Hebdo entered and eventually exited. The TV and radio market features large public players, partly managed by representatives of the main political parties. The head of the main French-speaking public-media organization is appointed by the government and holds a 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 be a bit too uncritical of the government position.

The country’s main newspapers are privately owned and run. There are also important private television and radio stations, which operate independently of political parties, though some interpersonal connections exist at the upper management level. The internet has enabled private citizen initiatives to scrutinize public action. Privately held press organizations are largely independent and do their best to scrutinize public activities despite increasing financial pressures. There is limited self-censorship to gain better access to highly visible politicians, but no outright censorship by the government or other public entities..

Citations:
EUI Centre for Media Pluralism and Media Freedom – Media Pluralism Monitor MPM2022 Results – Centre for Media Pluralism and Freedom (eui.eu) - https://cmpf.eui.eu/mpm2022-results/
European Centre for Press & Media Freedom: Media Freedom Rapid Response (MFRR) https://www.ecpmf.eu/monitor/monitoring-report-2022/
Freedom House. 2022. “Freedom on the Net Report.” freedomhouse.org/FOTN2022Digital.pdf
https://freedomhouse.org/sites/default/files/2022-10/FOTN2022Digital.pdf

To what extent is a plurality of opinions in the media ensured?

10
 9

There are no barriers, by law or in practice, to a pluralistic media landscape that represents all existing political perspectives in society.
 8
 7
 6


Existing barriers, by law and in practice, pose no significant obstacles to the media in representing all relevant political perspectives in society.
 5
 4
 3


Existing barriers, by law and in practice, pose some significant obstacles to the media in representing all relevant political perspectives in society.
 2
 1

Existing barriers, by law and in practice, pose various significant obstacles to the media in representing all relevant political perspectives in society.
Pluralism of Opinions
7
Relatively few actors have an ownership stake in the major private-media companies, which is expected in a small economy with two submarkets (Dutch and French). As a result, the market is relatively concentrated. However, 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). There is a “Cordon Sanitaire médiatique” in French-speaking Belgium, which prevents parties, representatives, or movements that do not respect democratic principles and values (including extreme right-wing and fundamentalist religious parties) from having free speaking time on live television. This excludes them from live talk shows and debates. However, journalists have the right and are invited to talk about the far-right and its program, provided they put this political current and its ideas into perspective (Biard 2021). This barrier impacts the diffusion of far-right political opinion on traditional media and can explain the lack of successful far-right parties in French-speaking Belgium.

One issue affecting media outlets is the growing financial stress on print media. Tighter budgets have restricted newspapers’ ability to pursue in-depth investigations systematically and have generally diminished some of the public scrutiny a free press is supposed to exert. Most major print press groups, both Flemish and Francophone, face severe financial difficulties as print sales decline and web-based business models fail to sustain a broad pool of professional journalists.

Citations:
EUI Centre for Media Pluralism and Media Freedom – Media Pluralism Monitor : https://cmpf.eui.eu/mpm2022-results/

Biard, B. 2021. “La lutte contre l’extrême droite en Belgique: II. Cordon sanitaire médiatique, société civile et services de renseignement.” Courrier hebdomadaire du CRISP 2524-2525: 5-78. https://doi.org/10.3917/cris.2524.0005

Civil Society

#8

To what extent are citizens able to freely form or join independent political and civic groups, openly raise and discuss political issues, and assemble without restrictions?

10
 9

There are no barriers, by law or in practice to creating an engaged society and civil society organizations that are free to operate.
 8
 7
 6


Existing barriers, by law and in practice, pose very few or no significant obstacles to creating an engaged society and civil society organizations that are free to operate.
 5
 4
 3


Existing barriers, by law and in practice, pose some significant obstacles to the creation of an engaged society and civil society organizations that are free to operate.
 2
 1

Existing barriers, by law and in practice, pose various significant obstacles to the creation of an engaged society and civil society organizations that are free to operate.
Free Civil Society
9
Belgium is known for its extensive civil liberties, as confirmed by the World Justice Project Rule of Law Index, which ranks Belgium 8th out of 140 countries for fundamental rights. Notably, Belgium performs exceptionally well in the sub-factors of “Freedom of opinion and expression” and “Freedom of assembly and association.”

However, these civil liberties can sometimes appear endangered, primarily due to political responses to external shocks or events. During the COVID-19 crisis, civil liberties were under pressure, with restrictions on the right to assemble and, consequently, to demonstrate. High tension within the police forces, bordering on exhaustion, resulted in acts of violence both from and against the police. While these were not part of a deliberate policy to restrict civil liberties, they contributed to a gradual erosion of norms.

This trend likely began with the 2001 terror attacks in the United States and accelerated following the 2015 and 2016 attacks across Europe. As early as 2016, Human Rights Watch expressed “grounds for concern” about counterterror measures.

With the end of the COVID-19 crisis, these restrictions were loosened. However, the debate around the effective freedom of assembly has been reignited by the government’s plan to introduce a bill proposed by Justice Minister Vincent Van Quickenborne. The bill would allow judges to ban individuals who commit protest-related offenses, such as assault or property damage, from participating in future demonstrations. Unions and the president of the Human Rights League (LDH) have deemed this bill too stringent, fearing it would “pose great risks to the right to collective action in general.”

Citations:
https://worldjusticeproject.org/rule-of-law-index/country/2022/Belgium/Fundamental%20Rights/
https://monitor.civicus.org/explore/workers-strike-against-bill-banning-rioters-from-protests-fourteen-arrested-as-activists-occupy-gas-terminal/

To what extent do civil society organizations (CSOs) have the capacity to actively participate in the co-creation of relevant policies?

10
 9

All the major CSOs active in the field have the capacity to shape public policies.
 8
 7
 6


Most of the major CSOs active in the field have the capacity to shape public policies.
 5
 4
 3


Few of the major CSOs active in the field have the capacity to shape public policies.
 2
 1

None of the major CSOs active in the field have the capacity to shape public policies.
Effective Civil Society Organizations (Capital and Labor)
9
Belgium’s socioeconomic model is characterized by consensual (neo-corporatist) policymaking, whereby the government consults established stakeholders to facilitate policy acceptance (Pauly et al. 2021). When strategic decisions involve key socioeconomic issues, representatives of social partners – powerful and well-structured employers’ organizations and trade unions – systematically negotiate bilateral agreements, which are then presented to the executive for approval. Unionization rates in Belgium remain very high, with membership rates close to 50% in 2019, one of the highest in Europe.

Technological changes related to service platforms (such as Uber), the internationalization of the economy, trade agreements like CETA, and efforts by the previous right-wing government to reduce the power of workers’ unions have eroded unions’ influence. Despite these challenges, unions remain quite powerful.

Belgium has three national union confederations: the General Labor Federation of Belgium (ACOD/FGTB), the Confederation of Christian Trade Unions (ACV/CSC), and the General Confederation of Liberal Trade Unions of Belgium (CGSLB/ACLVB), with the first two being the most significant. It is common for these three unions to form a “common front.” The main employers’ organization in Belgium is the VBO/FEB (Verbond van Belgische Ondernemingen/Fédération des Entreprises de Belgique), which operates nationwide and includes members from various employers’ organizations, each specializing in a particular industry or sector.

Both trade unions and employers’ organizations possess well-developed study services with technical expertise, often extending beyond their traditional focus areas.

Citations:
Pauly, R., Verschuere, B., De Rynck, F., and Voets, J. 2021. “Changing Neo-Corporatist Institutions? Examining the Relationship Between Government and Civil Society Organizations in Belgium.” Public Management Review 23 (8): 1117-1138.

Unionization rates: https://stats.oecd.org/viewhtml.aspx?datasetcode=TUD&lang=fr

To what extent do civil society organizations (CSOs) have the capacity to actively participate in the co-creation of relevant policies?

10
 9

All the major CSOs active in the field have the capacity to shape public policies.
 8
 7
 6


Most of the major CSOs active in the field have the capacity to shape public policies.
 5
 4
 3


Few of the major CSOs active in the field have the capacity to shape public policies.
 2
 1

None of the major CSOs active in the field have the capacity to shape public policies.
Effective Civil Society Organizations (Social Welfare)
8
A wide range of civil society groups influence policy formation in Europe, and Belgium excels in this regard. Many noneconomic interest associations, including environmental, cultural, religious/philosophical, sports/leisure, and minority groups (such as individuals with disabilities), receive state funding.

The largest groups can make proposals and influence policy effectively. Consociationalism in Belgium ensures that some socially important decisions are made smoothly. For instance, the legalization of same-sex marriage in 2003, euthanasia in 2002, and the extension of euthanasia to minors in 2014 followed intense but dispassionate debates. A recent example involves the introduction of compulsory courses on emotional and relational life in education, which initially met with violent opposition, including school arson and vandalism. Despite significant media coverage, this opposition was marginal and occurred only after the policy had been voted on, in stark contrast to similar issues in France or the United States.

A key reason for this smooth decision-making is the predominance of political parties. Some groups and associations that receive funding either initially have or later develop preferential relationships with political parties or government actors. As a result, social groups, associations, and publicly funded schools often have long-standing ties to political entities. This creates a strong incentive for noneconomic interest associations to propose well-founded policies, as there is a high probability that these proposals will be debated in parliament. The downside of this structure is a dependence on public funding.

Citations:
Press article on the extension of euthanasia to minors: https://www.lemonde.fr/europe/article/2014/02/13/la-belgique-va-etendre-l-euthanasie-aux-mineurs_4365959_3214.html
Press articles on the controversy around the emotional and relational life courses:
https://www.rtbf.be/article/des-cette-annee-les-eleves-auront-au-minimum-deux-animations-evras-durant-leur-scolarite-a-quoi-ces-cours-deducation-sexuelle-vont-ils-ressembler-11245785
https://www.lecho.be/economie-politique/belgique/general/l-opposition-a-evras-federe-des-mouvements-tres-eloignes/10492739.html
https://www.standaard.be/cnt/dmf20180715_03615174

To what extent do civil society organizations (CSOs) have the capacity to actively participate in the co-creation of relevant policies?

10
 9

All the major CSOs active in the field have the capacity to shape public policies.
 8
 7
 6


Most of the major CSOs active in the field have the capacity to shape public policies.
 5
 4
 3


Few of the major CSOs active in the field have the capacity to shape public policies.
 2
 1

None of the major CSOs active in the field have the capacity to shape public policies.
Effective Civil Society Organizations (Environment)
6
Belgium provides public funding to various civil society organizations (CSOs), and a significant proportion of the workforce is employed in the nonprofit sector. Contributions to CSOs are tax-deductible, with 45% of the amount given being deductible, up to a maximum of 10% of net annual revenues or €392,200. Despite this support, the capacity of CSOs (excluding unions) to design and shape public policies is rather limited. However, CSOs are often consulted by parliamentary commissions and the government, where they can influence the decision-making process (Squevin and Aubin 2021).

Belgium has been significantly influenced by widespread awareness of climate issues. Social movements have emerged in various forms, some more consensual with broad support from the population and politicians but with wide-ranging demands that made political follow-up vague and difficult. Others, more radical, have been less widely supported by the population and often poorly regarded by politicians.

In 2018-2019, young people were at the forefront of the citizen’s climate movement, with weekly demonstrations initiated by “climate express” and “coalition climate,” supported by young students, propelling environmental concerns to the top of election debates.

With the COVID-19 crisis, the war in Ukraine, and other international events somewhat slowing these largely consensual social movements, the more radical fringe of the climate movement has continued the struggle through civil disobedience actions, such as occupations of zones to be defended in Arlon and blockades of TotalEnergies depots. Meanwhile, the marches continue, though less frequently.

Citations:
https://www.revuepolitique.be/le-mouvement-climat-doit-assumer-son-aile-radicale/
https://www.lalibre.be/planete/environnement/2023/05/10/code-rouge-revient-et-prevoit-des-actions-contre-engie-notre-dependance-aux-combustibles-fossiles-a-des-consequences-devastatrices-KIR2UXWCHJDMXP4R6IGOV7ODSE/
climat.be
Squevin, P., and D. Aubin. 2023. “Policy Advice Utilization in Belgian Ministerial Cabinets: The Contingent Importance of Internal and External Sources of Advice.” International Review of Administrative Sciences 89 (4): 1012-1029.
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