Unia – Interfederal Centre for Equal Opportunities

Overview

Unia is an interfederal, independent public service specialising in policy on equal opportunity and non-discrimination. Founded on human rights, its mission is to promote equal opportunities and rights for all citizens and to fight against discrimination. This mission is conducted with a view to contribute to collective development and in a spirit of dialogue, collaboration and respect.

Brief history

Unia was created pursuant to the law of 15 February 1993. This law stipulates that Unia is a public service, which is wholly independent in the fulfilment of its statutory missions and carries out its duties in a spirit of dialogue and in cooperation with other players. This makes Unia an institution with a unique and distinctive character, its status differing from that of federal administrations, semi-public institutions or state-owned companies.

When it was founded, Unia’s sole area of competence was the fight against racism. Today its remit is much more wide-ranging, as its mission is to promote equal opportunities and the fight against all forms of distinction, exclusion, restriction or preference based on nationality, alleged race, skin colour, ancestry, national or ethnic origin, but also sexual orientation, civil status, birth, wealth, age, religious or philosophical conviction, current or future state of health, disability, political beliefs, physical or genetic characteristics, or social background. Gender-related matters fall under the remit of our sister institution, the Institute for the Equality of Women and Men.

During the Interministerial Conference of 12 July 2011 and in application of Article 33, paragraph 2 of the UN Convention on the Rights of Persons with Disabilities, the federal government, the regions and the communities also decided to grant Unia the mandate of ‘independent mechanism to promote, protect and monitor implementation of the Convention’. To this end, a Convention on the Rights of Persons with Disabilities Service was set up, with the aim of ensuring promotion, protection and monitoring of implementation of the Convention.

In July 2012 the federal government, the regions and the communities concluded an agreement aimed at turning Unia, currently a federal institution, into an interfederal institution for the fight against discrimination. Unia thus sees its anti-discrimination mission extended to take in the regions’ and communities’ areas of competence, in addition to the federal remit.
Any citizen in the country will be able to report to a single body if he/she is the victim of discrimination based on the criteria laid down by the law. Moreover, this agreement also opens up new possibilities for consultation and cooperation between the country’s different authorities in the fight against discrimination, whilst still guaranteeing respect for the autonomy and areas of competence of each of the (federal or federated) entities.

The agreement furthermore stipulates that Unia’s current missions in the field of the analysis of migratory movements, fundamental rights of foreigners and the trade in human beings will be entrusted to a separate federal institute. Further to this agreement, in December the council of ministers approved two bills: one concerns approval of the cooperation agreement of 23 July 2012 which creates an interfederal centre for equal opportunities and opposition to racism and discrimination (Unia); The other creates a federal centre for the analysis of migratory flows, protection of the fundamental rights of foreigners, and the fight against the trade in human beings (Myria).

Governing laws and regulations

Mandate

Sectors covered

Private, Public

Legal standing before the courts

Bringing proceedings in the name of the equality body [with or without an identifiable victim], Amicus curiae brief or similar, Requests for constitutional review of discriminatory regulations before the Constitutional Court, Representing victims of discrimination before the courts

Functions

• Making recommendations on claims of discrimination [or other decisions on the merit that are not legally binding]
• Undertaking ex-officio investigations
• Organising training, advising and capacity-building activities for particular stakeholders on meeting their obligations
• Organising awareness raising and communication activities
• Advising government on the development, adoption and amendment of law and policy
• Monitoring national law and policy from an equality perspective
• Carrying out specialist research on equality and non-discrimination
• Reporting to national and international bodies on discrimination issues
• Networking with relevant entities in the country and internationally

Fields and grounds

Other functions

Addressing hate speech, Addressing hate crimes

Other mandates of the institution

Multi-mandate equality body

National human rights institution, Designated as independent mechanism under UN CRPD Article 33(2), Designated body on freedom of movement under Directive 2014/54/EU Article 4

Institution

Management and Appointments

Management

Single headed equality body (led by director or ombudsman/commissioner)

The appointment of the directors is a prerogative of the interfederal management Board.

Procedure for nomination and appointment of management and board

The Board of Directors of Unia, the Interfederal Centre for Equal Opportunities consists of 17 members appointed by the Parliaments:

10 by the federal Chamber of Representatives
2 by the Walloon Parliament
2 by the Parliament of the French Community (Fédération Wallonie-Bruxelles)
2 by the Brussels Parliament
1 by the Parliament of the German-speaking Community
Four chambers have been created within the interfederal Board (Flemish, Brussels, French-speaking and Federal) which will deal with issues that fall exclusively with their competence.

The appointment of the directors and of any coordinators will be a prerogative of the interfederal Board.

Regional or Local offices

9

Accountability

National Parliament