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.
Hate crimes are not defined as such in Belgian legislation. Therefore, there is not a specific code to label these crimes as a "hate crime" in the records. Any violation of the non-discrimination laws which 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 prosecutors' 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 (hereafter COL 13/2013) provides a policy framework to combat discrimination and hate crimes.
Among other things, the COL 13/2013 provides instructions for the police and the prosecutors' 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, this motive will be mentioned in the context field for the public prosecutor's office that it is 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 not 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.
The numbers below represent all incidents recorded by the police and sent to the criminal prosecutor's office.
No information is available.
No information is available.
ODIHR observes that Belgium has not reported on cases of hate crimes separately from cases of hate speech or discrimination.