The Human Rights League (HRL) expressed concern on Friday regarding a proposed law that aims to ban and dissolve radical and extremist organisations, viewing it as part of an increasing trend towards the criminalisation of civil society.
In its last actions before the summer recess, the government approved the draft law by Interior Minister Bernard Quintin (MR), which allows the executive to ban and dissolve organisations deemed a serious and current threat to the community by endangering national security or the foundations of the rule of law.
The minister will be able to request security service analyses and have the initiative right for such a procedure. Decisions will be made in the council of ministers based on a report from the Intelligence and Security Coordination Committee and the National Security Council. Affected organisations will have the opportunity to be heard and review their files.
“The right of association is a fundamental right, guaranteed by the Constitution and international conventions. Any restriction should be strictly interpreted and limited. An organisation can only be dissolved and banned if there is no alternative measure that would infringe less on fundamental freedoms. We fear such a mechanism may be unnecessary, as there are already possible sanctions in criminal law: incitement to hatred, terrorism, criminal conspiracy, etc., or it could be abusive. Here, the net risks catching far more fish than necessary,” explained HRL President Sibylle Gioe.
The HRL specifically criticises the “exorbitant power” given to the executive without judicial oversight and the lack of guarantees for a fair trial. A simple security services note could trigger the procedure without forming a complete case for and against the organisation.
The behaviours leading to dissolution appear overly broad, including “infiltrating democratic structures,” which might apply to any lobbying efforts to change a law.
“The project is part of a context of increasing criminalisation and silencing of civil society, reminiscent of authoritarian regimes like Hungary, or countries like France that criminalise antifascist movements and environmental uprisings, for instance. Civil society is vital in a community, and we notice growing tensions on political rights in Belgium. We saw this with the law, eventually postponed, banning protests and the inclusion of a penal code provision against maliciousness towards authority. We see it today with this text,” warned Ms Gioe.
