Anti-Semitism in Belgium
- Racial characteristics
- Religious and philosophical convictions
Anti-Semitism is a form of discrimination or hatred towards people because they are of Jewish descent. It is also called anti-Jewish hatred.
What is anti-Semitism?
Anti-Semitism can be defined in different ways. There are several working definitions:
Open IHRA (International Holocaust Remembrance Alliance)
"Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities." Today, there are still supporters and opponents of this definition. Among other reasons, criticism of Israeli state policies can be considered anti-Semitic according to this definition.
Open JDA (Jerusalem Declaration on anti-Semitism)
“Anti-Semitism is discrimination, prejudice, hostility or violence against Jews as Jews (or Jewish institutions as Jewish)."
This definition leans more towards the Belgian legal framework.
Open The Nexus document, prepared by a group of academics
"Anti-Semitism consists of anti-Jewish beliefs, attitudes, actions or systemic conditions. It includes negative beliefs and feelings about Jews, hostile behaviour directed against Jews (because they are Jews) and conditions that discriminate against Jews and significantly hinder their ability to participate as equals in political, religious, cultural, economic or social life. As an embodiment of collective Jewish organisation and action, Israel is a magnet for and a target of antisemitic behaviour. Thus, it is important for Jews and their allies to understand what is and what is not antisemitic in relation to Israel."
Like the IHRA definition, this definition opens up opportunities for discussion.
Open ECRI (European Commission against Racism and Intolerance)
In 2021, ECRI published a new version of Recommendation No. 9 on preventing and combating antisemitism. The recommendation does not contain an explicit definition but outlines the broader context. As a result, it helps to better understand the various forms of anti-Semitism.
What is the Belgian legal framework for anti-Semitic offences?
Unia takes a legal approach when handling cases. We base this on:
Criminal law
We rely on a legal definition in Belgian criminal law of facts relating to anti-Semitism:
- Prohibition of incitement to discrimination, segregation, hatred or violence on grounds of origin. The criterion of 'origin' mainly targets Jewish people.
- Hate motive in hate crimes: certain crimes in the Belgian Criminal Code are subject to an increased penalty if the crime is committed out of hatred, disdain or hostility towards the victim because of his or her origin. Since the introduction of a new law at the end of 2022, for all other crimes the judge must take into account the existence of such a motive when determining the punishment without being able to exceed the maximum penalty.
- Prohibition of denying, grossly minimising, attempting to justify or approving the genocide committed by the German Nazi regime during World War II (law of 23 March 1995). This is the so-called Negationism Law.
Anti-Racism Law
The Anti-Racism Law contains provisions in which various forms of discrimination are restricted under civil law. These regulations always include 'origin' as a protected characteristic. The Anti-Racism Law thus contains the criterion of 'origin'. In practice, this mostly refers to Jewish origin.
Anti-discrimination legislation
Federal anti-discrimination legislation contains numerous other protected criteria. The ‘religious and philosophical beliefs' criterion could also be used for actions directed against persons because of their Jewish beliefs or against places of worship (synagogues). This is a form of anti-Semitism that could also be described as Judeophobia.
The introduction of the laws of 6 December 2022 and 28 June 2023 gave legal recognition to discrimination based on a perceived characteristic and discrimination by association. The legal framework applies to online as well as offline anti-Semitism.
What are the statistics on anti-Semitism in Belgium?
In cases of anti-Semitism, we proceed as follows:
- Unia analyses each report it receives. We first determine whether we are competent to deal with the report.
- Is Unia not competent? Then we refer the reporters to the appropriate specialist organisation.
- Unia is competent and help is requested? Then we open a file and, together with the person reporting, gather all the information needed to deal with the case. We review specific expectations and explain possible next steps.
- We recommend that victims of criminal offences also file a complaint with the police. A report to Unia is no substitute for a complaint to the police or the public prosecutor's office.
- Unia can also open a file on its own initiative without making an individual report. This applies, for example, to situations in the media that could give rise to a presumption of discrimination, hate speech or hate crime. If there are one or more individual victims, we try to contact them, but Unia also deals with cases where there is no identified or identifiable victim.
- We provide an opinion on the situation as soon as a case is opened. If we presume that discrimination or a hate crime is indeed involved under the law, we suggest various options:
- In discrimination cases, we seek a solution through negotiation or conciliation.
- When the facts are exceptionally serious (hate crimes, for example) or dialogue proves impossible, Unia may take legal action. This only happens in exceptional cases (1% of cases) and with the victim's consent. Unia may itself take the initiative to initiate legal proceedings or to join in proceedings (civil or criminal). In cases involving anti-Semitic offences, we have done so 15 times in recent years. We can also advise on legal proceedings without being a civil party.
- We sometimes pursue other avenues:
- sending a warning and a reminder of the law to the person or organisation targeted by the report
- official notification to the relevant authorities
- referral to a local or specialist partner with whom we may or may not have a cooperation agreement (trade unions, specialist organisations, social inspectorate, journalistic ethics council, etc.).
It is important to be aware that certain situations may sometimes seem unfair or certain facts may be considered anti-Semitic, even though there is no legal infringement of anti-discrimination legislation. As we can only legally act within this legal framework, we cannot then take action.
What are Unia's recommendations regarding anti-Semitism
To prevent anti-Semitism, Unia formulated 10 recommendations:
- Invest sustainably in the new inter-federal coordination mechanism in the fight against anti-Semitism that met for the first time on 15 January 2024.
- Improve registration and reporting by police forces and the public prosecutor's office. Currently, it is virtually impossible to report on anti-Semitism adequately because the registration is not sufficiently clear.
- Include anti-Semitism in action plans against racism. Unia believes that anti-Semitism is a special form of racism with some specific characteristics. Therefore, the fight against anti-Semitism also deserves a place in anti-racism plans.
- Ensure further research into anti-Semitism in Belgium. That way we will know better what is needed in our country for an effective fight against anti-Semitism, in terms of both prevention and repression.
- Focus on knowledge and education about anti-Semitism and the Holocaust. There appears to be insufficient knowledge about (contemporary) anti-Semitism and the atrocities committed during the Second World War.
- Introduce a general clause for aggravating circumstances in the event of a discriminatory/ hate motive. Currently, only for a limited number of crimes it is possible to confirm an (anti-Semitic) hate motive and, if present, effectively increase the penalty.
- Increase the willingness of victims to report. Today, victims of anti-Semitic offences still too often do not file complaints with police/public prosecutor’s office and equality bodies. As a result, there is insufficient visibility.
- Improve the application of circular COL13/2013.
- Invest in alternative measures. This could include, for example, awareness-raising and training programmes for perpetrators of discrimination offences (discrimination, hate speech including Holocaust denial, or hate crime) held in Kazerne Dossin (Dossin Barracks).
- Pay attention to the unique nature of being a victim of (anti-Semitic) hate crimes. Unia believes that specialised support is needed for victims of anti-Semitic hate crimes.
What are the statistics on anti-Semitism in Belgium?
Cases over the period 2018-2022 show that the rate of discrimination is very low and the rate of hate speech and hate crime is very high. In the case of racism or other protected characteristics, the opposite is true.
Holocaust denial is the public denial, gross minimisation, attempt to justify or excuse the genocide committed by the German National Socialist regime during the Second World War.
75%
20%
5%
More information on anti-Semitism
Report discrimination
Do you feel you have experienced or witnessed discrimination? Report it online or call the toll-free number 0800 12 800 on weekdays between 9.30 a.m. and 1 p.m.
- Racial characteristics
- Religious and philosophical convictions