Belgium

Belgium regularly reports hate crime data to ODIHR. Belgium's Criminal Code includes several penalty-enhancement provisions for specific offences. The data reported to ODIHR do not present cases of hate crime, incitement to hatred and discrimination separately. Hate crime data are collected by law enforcement agencies and the Prosecutor's Office. The Interfederal Centre for Equal Opportunities and against Racism (Unia) and the Institute for the Equality of Women and Men also monitor hate crimes.

How hate crime data is collected in Belgium

How hate crime data is collected in Belgium

Hate crimes are not defined as such in Belgian legislation. Therefore, a specific code with which to record such crimes as a "hate crime" does not exist. Any violation of the non-discrimination laws that constitutes a criminal offence is registered in a general way as "discrimination" by the police or by the prosecutor's office. The databases of the police or the prosecutor's offices do not specify whether the incident is a hate crime or consists of discrimination.

The recording of discrimination and hate crimes is based on instructions that are published in a joint circular for police forces and public prosecutors. This "Circular on the investigation and prosecution policy on discrimination and hate crimes (including discrimination based on sex)" of 2013 (COL 13/2013) provides a policy framework to combat discrimination and hate crimes.

Among other things, COL 13/2013 provides instructions for the police and the prosecutor's office on how to correctly register discrimination and hate crimes. When police discover an offence, the base crime is registered under the appropriate thematic code. If, in addition, police discover that the motive behind the offence is racist, xenophobic, sexist, homophobic or against persons with a disability, the motive will be marked in the context field for the public prosecutor's office as a case of "discrimination and hate crime". The crimes where a motive is indicated in the context field are registered in the data processing systems. This is "ISLP" in most local police districts and "FEEDIS" in most entities of the federal police.

The magistrate to whom the report is submitted checks to see whether the secondary prevention code is correct. If the motive is found not to be discriminatory based on the abovementioned criteria, this remark will be crossed out. If an examination of the relevant facts shows that the motive is indeed one of the criteria protected by the law and that the secondary prevention code has not been mentioned, it will be added at the initiative of the magistrate of the public prosecutor's office.

Statistical data concerning discrimination are collected and provided by the College of Prosecutors-General based on the REA/TPI system or the IT-system "MaCH" used by the public prosecution.

Access more information at the Legislation Online website Legislationline TANDIS Access more information at the Tolerance and Non-Discrimination Information System (TANDIS) website

OFFICIAL DATA

Year Hate crimes recorded by police Prosecuted Sentenced
2019 1568 1371 -
2018 1446 1006 -
2017 875 60 56
2016 845 70 59
2015 881 69 56
2014 1064 76 61
2013 375 822 45
2012 615 893 66
2011 1152 865 75
2010 815 860 Not available
2009 1198 974 Not available

About 2012 Data

    Figures refer to crimes with a racist or xenophobic motive and include crimes of incitement to hatred and crimes of discrimination.

Incidents reported by civil society, international organizations and the Holy See

Reports

Anti-Muslim hate crime

Muslim Rights Belgium reported three cases of threats; three physical assaults, including two against Muslim couples; and one case of vandalism against a mosque.

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Anti-Semitic hate crime

Anti-Semitisme.be reported 14 cases of graffiti, including two on Jewish property, four on personal property and eight in public places; six cases of threats; and five physical assaults.

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Anti-LGBTI hate crime

Cavaria and Arc-en-Ciel Wallonie also reported two murders of gay men, including one by a group and the murder of a gay man in a park; three additional physical assaults, all resulting in serious injury; and one robbery and rape of a man by a group.

Transgender Europe (TGEU) reported the gang rape of a transvestite man.

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INTERNATIONAL REPORTS

No information is available.

KEY OBSERVATION

ODIHR observes that Belgium has not reported on hate crimes separately from cases of hate speech and/or discrimination.