The Federal Institute for Human Rights (FIRM) has issued a negative opinion on a draft law aimed at banning and dissolving extremist and radical organisations, warning it violates multiple human rights.
The bill, proposed by Interior Minister Bernard Quintin (MR), was approved by the Federal Government just before the summer recess and is expected to be voted on in parliament by the end of the year. The minister has sought advice from various institutions, including FIRM.
The proposed law would enable authorities to ban organisations deemed a serious and immediate threat to national security or the democratic and constitutional order. This would apply to associations, companies, informal groups, legal entities, and partnerships without legal personality.
The government could take several measures under the proposed law, including prohibiting public or collective activities, banning certain slogans, symbols, or communication tools, closing specific locations, freezing assets, and, in some cases, dissolving legal entities or liquidating companies.
While FIRM acknowledges the need to act against actors threatening human rights, it highlights significant risks of human rights violations in the draft law.
The institute identifies a lack of clarity in the proposal. "It is unclear who could be targeted by a ban, and several key terms are inadequately defined and remain vague," it notes.
Furthermore, the institute says the measures proposed impose disproportionate restrictions on freedom of association and freedom of expression. A ban on re-establishing a dissolved organisation also contradicts constitutional principles, according to FIRM.
The FIRM is additionally critical of the growing trend to assign powers that should fall under judicial authority to the executive branch. "To combat crime, the legislator should primarily utilise the existing provisions within criminal law," it argues.
CD&V party leader, Sammy Mahdi, recently voiced concerns about the draft law as well. He criticised the absence of judicial oversight and urged the government to address this issue.
"It’s a double-edged sword. Parties celebrating the prospect of banning groups like Antifa today might find themselves targeted tomorrow," said Mahdi in an interview on 'De Afspraak op Vrijdag.'
