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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

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OFFICIAL DATA

Year Hate crimes recorded by police Prosecuted Sentenced
2020 1750 1334 Not available
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 2020 Data

    In addition to hate crimes, the numbers reported here also include other types of "discrimination" incidents, which can fall outside of the OSCE's definition of a hate crime. Some cases may have been registered several times by the police, such as when there was more than one victim, whereas the prosecution would registered such cases only once.

Hate crime recorded by police

The numbers below represent all incidents recorded by the police and sent to the criminal prosecutor's office.

  • By bias motivation
  • By type of crime
Download official data
Download official data

National developments

Following the recommendations made by ODIHR and the EU Fundamental Rights Agency (FRA) at a workshop on the registration of hate crimes and offences in January 2020, a working group composed of representatives of the Equal Opportunities Team (SPF Justice), the police, the judiciary and Unia was set up to optimize the registration of hate crimes. The work focuses on the following areas: the lack of obligation to systematically register all hate crimes at the police level; the technical challenges in registering cases of multiple bias motivations; lack of systematic transmission of the registrations made by the police to the IT systems of the judiciary and the Central Criminal Records Office. The working group should further propose short-term solutions to the challenges identified. 

The Police of La Louvière launched a dedicated website for the integrated police services on discrimination and hate crimes. On this website, the police officers can find all essential and useful information regarding, for example, legal framework, resources, useful contacts, video material or articles. All police forces in the country now have easy access to such information in French and Dutch, and partially in German. 

Since 2020, victims of homophobic and transphobic violence in Brussels have been able to report hate crimes (including anonymously) to the civil society organization "Rainbow House". Rainbow House collects information from victims and refers them to official bodies if necessary. This project is based on collaboration between Rainbow House, Brussels Prevention & Security, and the Brussels Regional Public Service (equal.brussels). Furthermore, the Brussels Capital police zone created an LGBTI hotline on its website. Victims and witnesses can report homophobic and transphobic hate crimes to the Brussels police through this channel.

The Police of Charleroi developed a model letter for victims of discrimination and hate crimes, with the aim to refer victims to Unia. In this letter, the reference agent asks victims if they agree to report the facts to Unia and if they would allow a copy of their statement to be sent to Unia.

In October 2020, a report of a victimisation survey entitled "Comment (mieux) aider les victimes de délits de haine à se reconstruire?" was published by the King Baudouin Foundation (KBF), based on collaboration with the College of Public Prosecutors, Unia, the Institute for the Equality of Women and Men, and the National Institute of Criminalistics and Criminology. The survey project mapped hate crime victims' experiences, and needs, as well as barriers hindering victims from reporting hate crimes to state authorities. It collected and analyzed in-depth interviews with 21 victims of hate crime belonging to LGBTI, Roma, Muslim, Jewish , and migrant communities in Flanders, Brussels, and the Wallonia-Brussels regions, as well as 20 representatives of the criminal justice system such as police officers, judges, or mediators.

INCIDENTS REPORTED BY OTHER SOURCES

In addition to incidents summarized below, this graph includes 4 hate incidents reported by Kantor Center as statistics.

Racist and xenophobic hate crime

Date Type of incident Source Description
2020-04 Threats
CCIB
Show info
2020-08 Violent attacks against people
CCIB
Show info
2020-10 Violent attacks against people
CCIB
Show info
2020-10 Violent attacks against people
CCIB
Show info

Anti-Semitic hate crime

Date Type of incident Source Description
2020-06 Threats
Kantor Center
Show info

Anti-Muslim hate crime

Date Type of incident Source Description
2020-05 Attacks against property
CCIB
Show info
2020-09 Attacks against property
CCIB
Show info
2020-10 Violent attacks against people
CCIB
Show info
2020-10 Violent attacks against people
CCIB
Show info
2020-11 Attacks against property
CCIB
Show info
2020-02 Threats
CCIB
Show info
2020-03 Threats
CCIB
Show info
2020-04 Threats
CCIB
Show info
2020 Threats
CCIB
Show info
2020-06 Threats
CCIB
Show info
2020-08 Threats
CCIB
Show info

Anti-Christian hate crime

Date Type of incident Source Description
2020-01 Attacks against property
OIDAC
Show info
2020-02 Violent attacks against people
OIDAC
Show info
2020-03 Attacks against property
OIDAC
Show info
2020-04 Threats
OIDAC
Show info
2020-05 Attacks against property
OIDAC
Show info
2020-06 Attacks against property
OIDAC
Show info
2020-06 Attacks against property
OIDAC
Show info
2020-06 Attacks against property
OIDAC
Show info
2020-07 Attacks against property
OIDAC
Show info
2020-07 Attacks against property
OIDAC
Show info
2020-08 Attacks against property
OIDAC
Show info
2020-09 Attacks against property
OIDAC
Show info
2020-09 Attacks against property
OIDAC
Show info
2020-10 Attacks against property
OIDAC
Show info
2020-11 Attacks against property
OIDAC
Show info

INTERNATIONAL REPORTS

Racist and xenophobic hate crime, Gender-based hate crime

The United Nations Human Rights Council Working Group on the Universal Periodic Review (UPR) published relevant recommendations in its "Report from the thirty-eight session: Compilation on Belgium."

KEY OBSERVATION

ODIHR recognizes Belgium's efforts to improve its hate crime recording mechanism. Continuing in the same vein is encouraged since, based on the available information, ODIHR observes that Belgium's hate crime recording and statistics do not sufficiently distinguish hate crimes from other crimes. In addition, ODIHR observes that Belgium would benefit from reviewing the existing legal framework in order to ensure that bias motivation can be effectively acknowledged and appropriate penalties can be imposed on the perpetrators.

ODIHR recalls that in the Ministerial Council Decision 9/09, participating States have agreed to a definition of hate crime shared by all OSCE participating States. They have also committed to collecting reliable data and statistics on hate crimes. To that end, hate crimes need to be distinguished throughout the recording and data collection process from crimes of discrimination. In the Ministerial Council Decision 9/09, participating States have also committed to enacting specific, tailored legislation to combat hate crimes, providing for effective penalties that take into account the gravity of such crimes. ODIHR stands ready to support Belgium in meeting its relevant commitments through the provision of comprehensive resources and tailored assistance in the area of hate crime recording and data collection, as well as through further resources and tailored legislative advice.


Our methodology

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2020 Announcement Page

2020 Hate Crime Data Now Available!

15 Nov 2021
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FAQ.png

Hate Crime Data: Frequently Asked Questions

15 Nov 2021
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Steps to Meet Hate Crime Victims' Needs

ODIHR's impact in 2020: Strengthening Support for Hate Crime Victims

16 Apr 2021
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10 practical steps to respond to the security needs of Muslim communities

ODIHR's impact in 2020: A holistic and inclusive response to anti-Muslim hate crimes

15 Apr 2021
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Call for submissions image.png

2020 Call for Civil Society Submissions

15 Feb 2021
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2019 Announcement_Page_1.png

2019 Hate Crime Data Now Available!

29 Jan 2021
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INFAHCT infographic for PPT_resized for HCRW.png

ODIHR's impact in 2019: Supporting a diagnostic approach to hate crime data collection

29 Apr 2020
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OSCE/Mavjuda Gaffurova

ODIHR's impact in 2019: Understanding gender, intersectionality and hate crime

22 Apr 2020
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(OSCE/Maria Kokce)

ODIHR's impact in 2019: Building a civil society coalition against hate crime

03 Apr 2020
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2018 Announcement graphic.jpg

2018 Hate Crime Data Now Available!

15 Nov 2019

Contact Us

Email tndinfo@odihr.pl
Tel +48 22 520 06 00
Fax +48 22 520 06 05
OSCE Office for Democratic Institutions and Human Rights (ODIHR)
Tolerance and Non-Discrimination Department
Ul. Miodowa 10
00-251
Warsaw, Poland

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