Belgian Anti-Racism Law
Encyclopedia
The Belgian Anti-Racism Law, in full, the Law of July 30, 1981 on the punishment of certain acts inspired by racism or xenophobia, is a law against hate speech
and discrimination
passed by the Federal Parliament
of Belgium
in 1981 which made certain acts motivated by racism
or xenophobia
illegal. It is also known as the Moureaux Law, as it was proposed to the Parliament by Justice Minister Philippe Moureaux
.
at the Chamber of deputies by the Socialist MP Ernest Glinne on December 1, 1966 at the request of the MRAX (Movement against racism, antisemitism and xenophobia, Belgian equivalent of the French MRAP) which had prepared the proposal. The law proposal was introduced twice in 1966-1967 an again twice in 1968-1969.
On July 20, 1980 a terrorist attack against Jewish children took place in Antwerp (Lamorinièrestraat), then a French-Algerian man was killed on December 4 in Brussels by members of the extreme right wing Front de la jeunesse
, and a large antiracist demonstration took place in Brussels. The Justice Minister took the opportunity of this public mood to introduce the law project before the Parliament without consulting the Prime Minister, and only a few right-wing MPs opposed it, according to him "the far right, some right-wing liberals and a group of Flemish Christian Democrats MPs who had closed links with the South African apartheid regime".
The circumstances given in Article 444 of the Belgian Penal Code are as follows: either in public meetings or places; or in the presence of several people, in a place that is not public but accessible to a number of people who are entitled to meet or visit there; or in any place in the presence of the offended person and in front of witnesses; or through documents, printed or otherwise, illustrations or symbols that have been displayed, distributed, sold, offered for sale, or publicly exhibited; or finally by documents that have not been made public but which have been sent or communicated to several people.
Further related legislation:
since 1994 in Brussels, was condemned on December 22, 1999 to a 2,500 Euro fine and six months emprisonment (suspended sentence) for propagating hate mails on usenet.
The Vlaams Blok itself, through three of its linked associations (Nationalistische Omroep Stichting, Nationalistisch Vormingsinstituut and Vlaamse Concentratie), was condemned on April 21, 2004 by the Ghent Court of Appeal
. Each association was condemned to a fine of 12,394,67 Euro. The civil parties were the Centre for Equal Opportunities and Opposition to Racism and the Human Rights League
. The judgment was confirmed on November 9, 2004 by the Court of Cassation
, and the party shortly after reorganised itself as the Vlaams Belang
.
Hate speech
Hate speech is, outside the law, any communication that disparages a person or a group on the basis of some characteristic such as race, color, ethnicity, gender, sexual orientation, nationality, religion, or other characteristic....
and discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
passed by the Federal Parliament
Belgian Federal Parliament
The Belgian Federal Parliament is a bicameral parliament. It consists of the Chamber of Representatives and the Senate . It sits in the Palace of the Nation .- Chamber of Representatives :...
of Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
in 1981 which made certain acts motivated by racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
or xenophobia
Xenophobia
Xenophobia is defined as "an unreasonable fear of foreigners or strangers or of that which is foreign or strange". It comes from the Greek words ξένος , meaning "stranger," "foreigner" and φόβος , meaning "fear."...
illegal. It is also known as the Moureaux Law, as it was proposed to the Parliament by Justice Minister Philippe Moureaux
Philippe Moureaux
Philippe Moureaux is a Belgian politician, senator, mayor of Sint-Jans-Molenbeek, and professor of economic history at the Université Libre de Bruxelles....
.
Historical context
The first Belgian law proposal against racism was introduced in the wake of the signature by Belgium of the 1965 Convention on the Elimination of All Forms of Racial DiscriminationConvention on the Elimination of All Forms of Racial Discrimination
The International Convention on the Elimination of All Forms of Racial Discrimination is a United Nations convention. A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races...
at the Chamber of deputies by the Socialist MP Ernest Glinne on December 1, 1966 at the request of the MRAX (Movement against racism, antisemitism and xenophobia, Belgian equivalent of the French MRAP) which had prepared the proposal. The law proposal was introduced twice in 1966-1967 an again twice in 1968-1969.
On July 20, 1980 a terrorist attack against Jewish children took place in Antwerp (Lamorinièrestraat), then a French-Algerian man was killed on December 4 in Brussels by members of the extreme right wing Front de la jeunesse
Front de la Jeunesse (Belgium)
The Front de la Jeunesse was a Belgian private militia. It was founded in 1973 by members of one of the so-called NEM-Clubs, situated around the Nouvel Europe Magazine....
, and a large antiracist demonstration took place in Brussels. The Justice Minister took the opportunity of this public mood to introduce the law project before the Parliament without consulting the Prime Minister, and only a few right-wing MPs opposed it, according to him "the far right, some right-wing liberals and a group of Flemish Christian Democrats MPs who had closed links with the South African apartheid regime".
Content of the law
Among others, the following acts were made illegal by the Anti-Racism Law:- Incitement to discrimination, hatred or violence against a person on account of race, colour, origin or national or ethnic descent, in the circumstances given in Article 444 of the Belgian Penal Code;
- Incitement to discrimination, segregation, hatred or violence against a group, community or its members on account of race, colour, origin or national or ethnic descent, in the circumstances given in Article 444 of the Belgian Penal Code; and
- Announcing the intention to commit any of the aforementioned offences, in the circumstances given in Article 444 of the Belgian Penal Code.
The circumstances given in Article 444 of the Belgian Penal Code are as follows: either in public meetings or places; or in the presence of several people, in a place that is not public but accessible to a number of people who are entitled to meet or visit there; or in any place in the presence of the offended person and in front of witnesses; or through documents, printed or otherwise, illustrations or symbols that have been displayed, distributed, sold, offered for sale, or publicly exhibited; or finally by documents that have not been made public but which have been sent or communicated to several people.
Evolution of the legislation
Main: Law of July 30, 1981 on the punishment of certain acts inspired by racism or xenophobia, published in the Moniteur Belge (M.B.) of August 8, 1981Further related legislation:
- Law of February 15, 1993 creating a Centre for Equal Opportunities and Opposition to RacismCentre for Equal Opportunities and Opposition to RacismThe Centre for Equal Opportunities and Opposition to Racism , also referred to as Centre for Equal Opportunities and Fight against Racism or translated as Centre for Equal Opportunities and Struggle against Racism The Centre for Equal Opportunities and Opposition to Racism (CEOOR), also referred...
(M.B. February 19, 1993) - Law of April 12, 1994 modifying the Law of July 30, 1981 (M.B. May 14, 1994)
- Law of March 23, 1995 tending to repress negation, minimization, justification or approbation of the genocide committed by the German National-Socialist regime during the Second World War (Belgian Holocaust denial law)
- Law of May 7, 1999 modifying the law of July 30, 1981 and the law of March 23, 1995 (M.B. June 25, 1999)
- Law of June 26, 2000 concerning the introduction of euro in the legislation pertaining to matters referred to in article 78 of the Constitution (M.B. July 29, 2000)
- Law of January 20, 2003 concerning the reinforcement of legislation against racism (M.B. February 12, 2003 and erratum May 14, 2003)
- Law of January 23, 2003 concerning the matching of legal dispositions in force with the July 10, 1996 law abolishing death penalty and modifying criminal penalties (M.B. March 13, 2003)
- Law of May 10, 2007 modifying the July 30, 1981 law (M.B. May 30, 2007, addendum June 5, 2007)
Condemnations based on the Law of July 30, 1981
Wim Elbers, a higher police officer who was also a municipal councillor for the far rightist Vlaams BlokVlaams Blok
The Vlaams Blok was a Belgian far-right and secessionist political party with an anti-immigration platform. Its ideologies embraced Flemish nationalism, calling for the independence of Flanders. From its creation in 1978, it was the most notable militant right wing of the Flemish movement. Vlaams...
since 1994 in Brussels, was condemned on December 22, 1999 to a 2,500 Euro fine and six months emprisonment (suspended sentence) for propagating hate mails on usenet.
The Vlaams Blok itself, through three of its linked associations (Nationalistische Omroep Stichting, Nationalistisch Vormingsinstituut and Vlaamse Concentratie), was condemned on April 21, 2004 by the Ghent Court of Appeal
Court of Appeal (Belgium)
The Court of Appeal in Belgium is a court which hears appeals against decisions of the Court of First Instance and the Commercial Court. Unlike the Court of First Instance, the Court of Appeal isn't divided into different divisions. There are five Courts of Appeal in Belgium...
. Each association was condemned to a fine of 12,394,67 Euro. The civil parties were the Centre for Equal Opportunities and Opposition to Racism and the Human Rights League
Human Rights League (Dutch-speaking Belgium)
The Human Rights League for speakers of Dutch in Belgium is by them called Liga voor Mensenrechten.The in 1901 founded national organisation Ligue des Droits de l'Homme had been dissolved during World War I and its successor by World War II...
. The judgment was confirmed on November 9, 2004 by the Court of Cassation
Court of Cassation (Belgium)
The Court of Cassation is the main court of last resort in Belgium.It was originally modelled after the French Cour de cassation. Its jurisdiction and powers are similar to those of its French counterpart....
, and the party shortly after reorganised itself as the Vlaams Belang
Vlaams Belang
Vlaams Belang is a Belgian far-right political party in the Flemish Region and Brussels that advocates the independence of Flanders and strict limits on immigration, whereby immigrants would be obliged to adopt Flemish culture and language...
.