Racism
Racism was first addressed in 1965 by the UN Convention on the Elimination of All Forms of Racial Discrimination. Since then, steps have been taken in the right direction, but regrettably racism persists. Also in Belgium, as can be seen from the numbers of reports (only French or Dutch) received by Unia.
What is racism?
Racism is the belief that one so-called race is better than another. It can take the form of discrimination, hate speech or a hate crime on account of racial characteristics such as your so-called race, skin colour, ancestry, or national or ethnic origin. Why do we speak of 'so-called' race? The term race is used in everyday language, but from a scientific point of view it is unfounded in relation to humans.
Sometimes a distinction is made between the following types of racism:
- Everyday racism manifests itself in everyday life, for example in racist statements on the street or on social media.
- Structural (institutional) racism has to do with structural discrimination mechanisms, for example in housing or education.
- Organised racism refers to groups of people who organise themselves on the basis of an ideology. Through stigmatisation, exclusion, discrimination and even dehumanisation, they attempt to assert the superiority of one group over another in the organisation of society and the state.
Racism: examples
- Colleagues of African origin are systematically harassed at work.
- A student is often told by a teacher to go to vocational school because he is of Afghan origin.
- A person of Asian origin is spat at in the street for allegedly spreading disease.
- A black man punches a white man in the face, shouting 'I hate white people'.
- A Dutch national is not allowed to take part in a sports competition because the competition is reserved for participants of Belgian nationality.Football fans attack Roma.A man of Jewish origin is assaulted in the street.
Types of racism
Racism is sometimes given a specific name when it is directed towards a specific group, for example:
- Antisemitism or hatred of Jews: refers to the protected characteristic of 'descent', more specifically 'Jewish' descent.
- Muslim hatred or Islamophobia: ties in with cultural racism in which Western culture is allegedly superior to Islamic culture.
- Anti-black racism: refers to the protected characteristic 'skin colour', more specifically people with black skin.
- Romaphobia: refers to the protected characteristic 'ethnic origin' and targets Roma and Travellers.
- Anti-Asian racism: refers to the protected characteristic 'national origin', more specifically Asian origin.
- Xenophobia: is hostility towards, disdain or hatred for what is foreign, for people of other backgrounds, especially when it concerns refugees, asylum seekers or migrants.
Frequently asked questions about racism
Open Are we still allowed to use the n-word? Is it an offence to use racist words?
Under Belgian law, the use of the n-word and other offensive words is only an offence in specific circumstances. For example, when there is intent to publicly incite others to discrimination, segregation, hatred or violence, or when there is intent to publicly insult someone (within the meaning of criminal law).
Nevertheless, Unia calls for avoiding the use of stereotypical designations of persons. Stereotypical representations can knowingly and intentionally lead to discrimination. Even well-intentioned, comical or playful expressions can be discriminatory (and harmful) through the effects they have. Discover more in the inclusive communication glossary.
Open Can an association award an ‘Ebony Shoe’?
The 'Ebony Shoe' is awarded every year by the African Culture Promotion non-profit organisation to the best football player from Africa or of African origin in Belgium's Pro League.
According to the organisers (cf. www.soulierdebene.be), the award and the event aim to raise awareness of the African community in Belgium and to highlight the talents present within that community. Based on received legal analysis, Unia is of the opinion that the organisation of the 'Ebony Shoe' award does not violate the Antiracism Act.
Were the award to incite discrimination, hatred or violence against certain individuals, it would indeed violate anti-discrimination laws. Unia believes this is not the case for the 'Ebony Shoe', which explicitly aims to promote diversity and highlights Belgium's African community in a positive way.
Open The lawyer of the opposing party did not treat me correctly. I believe that racist remarks were made. Can Unia help me?
Lawyers are free to make their arguments in court. It follows from this freedom and criminal immunity that a lawyer cannot be prosecuted or sued for damages for statements or pleadings made or submitted during the court hearing that relate to the case or the parties.
However, you and your lawyer have the right of defence. If the other party's lawyer misrepresents matters, you can object.
If the allegations are slanderous, libelous or defamatory and have nothing to do with the matter or the parties, you can report this to the Bar Association. The President of the Bar Association must ensure that lawyers work properly.
Open Is ‘Zwarte Piet’ (Black Peter) racist?
The traditional image of ‘Zwarte Piet’ (Black Peter) is very stereotypical: he is depicted as a stupid, inferior or dangerous black man - including black curls and blackface. Such stereotypes are not only hurtful, they can lead to prejudice, which can, in turn, lead to racism or discrimination.
Does the use of the Zwarte Piet (Black Peter) image violate anti-discrimination and/or anti-racism laws? No. Even if he is stereotypically portrayed, it is not a criminal form of racism. That changes when, for example, someone portrays him and meanwhile makes unlawful racist statements or acts. But simply depicting Zwarte Piet (Black Peter) is not punishable.
Unia promotes a positive and inclusive portrayal of Saint Nicolas and Zwarte Piet (Black Peter). As in other discussions about traditions, we emphasise the importance of awareness, dialogue and creativity. The ultimate goal is to have a Saint Nicholas or Saint Martin's Day celebration where every child feels welcome.
Open I feel that I am much more likely to be stopped by the police because of my skin colour. Is that acceptable?
One talks about discriminatory ethnic profiling when the police use characteristics such as alleged race, skin colour, religion, nationality, national or ethnic origin, etc. when stopping, searching or investigating certain people, without objective and reasonable justification. This is not permitted. Police officers are bound by a legal framework with regards to identity checks and must not discriminate while performing their duties. Do you think that you have been a victim of discriminatory ethnic profiling? File a complaint with, for example, the Internal Audit Service of your local police force.
Open I was called a racist at a café. Is this punishable by law?
In Belgium, it is a criminal offence to insult someone in public through actions, writings, images or allusions. Only the person insulted can file a complaint. It must also involve offensive acts such as spitting, pulling someone's hair, raising the middle finger, etc. Verbal insults are not punishable by law in Belgium.
Did the offender address the bystanders and maliciously incite (encourage, provoke, etc.) them to discrimination, segregation, hatred or violence? If so, it is possible to file a complaint on the grounds of incitement. It is also possible if the offence involves assault and injury or stalking (i.e. repeated harassment).
Open I was asked in a shop to open my bag for inspection. I suspect this is because of my origin/skin colour. What can I do?
We recommend that you first raise the situation with the shop itself. Contact their head office or customer service department. Depending on the answer they give you, Unia can then decide how to help you further.
Racism under the law
- The 1981 Anti-racism Act prohibits discrimination based on racial characteristics. Certain forms of racism are criminalised. The full name of the law is the 'Act to punish certain acts motivated by racism or xenophobia'.
- The act implements the UN Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965 and EU Race Directive 2000/43/EC of 29 June 2000. The EU Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law is also of relevance here.
- The act prohibits discrimination based on nationality, so-called race, skin colour, descent and national or ethnic origin in certain areas of public life such as employment, the sector of goods and services, participation in economic, social, cultural or political activities. The Anti-racism Act applies only at a federal level. Discrimination in regional areas of competence, such as housing and education, is regulated by the decrees and ordinances of the communities and regions.
- Legislators prefer a civil law approach to discrimination. This means that the victim can appeal to a court to stop the discrimination (cessation claim) and can, among other things, seek (financial) damages.
- Discrimination based on racial characteristics can also be a criminal offence if it occurs in the areas of employment and the sector of goods and services. Discrimination by a civil servant; incitement to discrimination, segregation, hatred or violence; spreading ideas based on racial hatred or racial superiority and belonging to or cooperating with a racist group are also punishable offences.
- Crimes committed from a racist hate motive may be punished more severely.
More about discrimination
Discover the other protected criteriaPhysical characteristics
Discrimination because you have a dental problem or burns, for example.
Civil status
Discrimination because you are refused entry to a dance school as an unmarried person, for example.
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.