1.
Positive aspects
427. The Committee notes with satisfaction the changes in law and in practice
during the period under review, in particular the several decisions of the
Court of Cassation affirming the applicability of certain provisions of the
Covenant; the law on economic reorientation prohibiting any discrimination
based on sex; the law abolishing all discrimination between children born in
and out of wedlock; the draft law permitting immediate communication between
the accused and his lawyer; the bill proposing to abolish the death penalty;
and the planned accession to the Second Optional Protocol to the Covenant.
2.
Factors and difficulties impeding
the application of the Covenant
428. The Committee notes some of the major difficulties experienced by
Belgium, such as the centrifugal character of Belgian federalism/ the bipolar
nature of the legal system and the language differences among the population.
The complexity of the Belgian legal framework seems to have impeded a direct
reference to the Covenant to a certain extent.
3.
Principal subjects of concern
429. Although noting the direct applicability of several provisions of the
Covenant, which form part of Belgian domestic law, the Committee is concerned
about the difference between civil rights enjoyed by citizens and those
enjoyed by aliens, which may lead to discrimination against aliens. Other
areas of concern include the scope of interpretation given to article 6 of the
Covenant; the adequacy of monitoring pretrial detention as well as the
impartiality of the authorities who examine those arrested; the adequacy of
remedies for wrongful detention; the adequacy of information on freedom of
expression, especially in relation to television broadcasting; and
arrangements as to freedom of assembly in open air.
4.
Suggestions and recommendations
430. The Committee recommends to the State party to reflect more adequately in
internal administrative practice the provisions of the Covenant that are not
reflected in the European Convention for the Protection of Human Sights and
Fundamental Freedoms (e.g. arts. 25, 26 and 27), and to ensure that the laws
regarding restrictions on freedom of expression and assembly are compatible
with those provided for in the Covenant. The Committee also recommends that
the State party further improve the effectiveness of the protection granted to
minority rights at the communal level. The Committee further recommends that
the State party reconsider its reservations so as to withdraw as many as
possible.
-102-