Government approves preliminary draft law on radical organisations
The federal government has approved a preliminary draft law that bans the activities of radical organisations in Belgium. The text introduces a mechanism that can ban certain organisations that pose a serious threat to national security and the democratic order.
“The goal is clear: to ensure that radical or dangerous organisations can no longer cause harm,” Interior minister Bernard Quintin said in a press release.
The measure is aimed at direct participation or logistical, material or financial support for acts of violence, sabotage, terrorist attacks or crimes against humanity. It also targets the active promotion or public dissemination of content that glorifies terrorist activities.
In addition, it aims to prevent the organised infiltration of public institutions or democratic organisations to influence decision-making processes by illegal, fraudulent or clandestine means. Repeated incitement to hatred, discrimination or segregation are also targeted.
“The government believes that our fundamental rights can never be used to undermine the foundations of our free and open society,” prime minister Bart De Wever said on Thursday in the Chamber of Representatives’ Committee on Home Affairs.
“Organisations such as [pro-Palestinian activist group] Samidoun glorify terrorist organisations and atrocities but ensure they are never caught red-handed inciting hatred,” he said.
“They use our freedoms to propagate undesirable behaviour without committing criminal offences. We want to put an end to the activities of these organisations, regardless of their legal form. We want to prevent them from spreading their extremist ideas.”
Legal and proportionate
Similar laws exist in France, Germany and the Netherlands. The text makes it possible for an organisation to be banned or dissolved and the measures will apply to legal entities under Belgian law, to foreign persons present on the territory and to organisations and de facto associations.
"The acts themselves are already punishable. Banning actual associations has little practical use"
The organisations concerned will be given the opportunity to state their case. An organisation whose actual objective is purely political, trade union, philanthropic, philosophical or religious will not be subject to an administrative ban and political parties and religious organisations will not be targeted, De Wever said.
“Belgium already has a law on private militias. But these kinds of bans must be clearly formulated in legal terms and be proportionate. The main question is: what is the point?” Jogchum Vrielink, professor of law at KU Leuven and UCLouvain, said in an interview with De Standaard.
“The acts themselves are already punishable. Banning actual associations has little practical use, as you can see in countries where these kinds of bans already exist: those involved simply set up a new group straight away.”
The pro-Palestininan activist group Samidoun was banned in Germany in 2023 and Israel and Canada have designated it a terrorist organisation. Last year, Belgium’s Immigration Service requested the revocation of the refugee status of Mohammed Khatib, the coordinator of the organisation in Europe, who is no longer allowed to enter the Netherlands.
A flag of the pro-Palestine organisation Samidoun during a demonstration in Duisburg, Germany, October 2023 © PHOTO INA FASSBENDER / AFP
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