BELGIUM Law and Practice Contributed by: Chris Engels and Julie Devos, Claeys & Engels
in corrective actions and reconciliation pro - cesses. It may issue a final statement evaluat - ing whether a company has violated the OECD Guidelines and making recommendations for remedial action, such as altering business prac - tices or compensating affected parties. Federal Ombudsman The Federal Ombudsman in Belgium is another mechanism that individuals or groups may use to lodge complaints, although it is more common - ly used for complaints related to public sector administration rather than direct business and human rights issues. However, if a business is involved in providing public services or interact - ing with public authorities, there may be cases where the Ombudsman can facilitate a process for addressing issues of corporate responsibility or human rights violations. The Ombudsman can help individuals file com - plaints related to mismanagement, discrimina - tion, or failure to adhere to regulations in the context of businesses interacting with public authorities, especially in sectors that impact human rights (eg, labour law, environmental law, and anti-discrimination). The Ombudsman may mediate between the complainant and the relevant business or pub - lic authority to find a solution that aligns with Belgian law and human rights principles. The Ombudsman does not have the authority to impose legal sanctions, but it can issue recom - mendations to public authorities or companies involved, encouraging changes in practice. Belgian Labour Inspectorate Moreover, under the Federal Public Service Employment, the Belgian Labour Inspectorate is responsible for ensuring compliance with labour
laws, including those related to forced labour, child labour, and other labour rights abuses. The inspectorate can investigate complaints related to labour exploitation, health and safety violations, and discrimination in the workplace. This includes businesses operating in Belgium or Belgian companies abroad if they are subject to Belgian labour laws. Workers or third parties can file complaints with the Labour Inspectorate about breaches of labour laws. The inspectorate can conduct inspections, investigate allegations, and take enforcement actions if violations are found. It can impose fines or sanctions on businesses. In cases of serious violations, it may refer cases to the Public Prosecutor’s Office for criminal pros - ecution. Flemish Human Rights Institute Moreover, in October 2022, the Flemish leg - islator established the Flemish Human Rights Institute (VMRI) as a unique point of contact for all reports of human rights violations within the Flemish jurisdiction. Since its inception in March 2023, the VMRI has been the only human rights institution in Belgium to offer a general first-line assistance mechanism, including information provision and recommendations, for all human rights matters. Every citizen who has been a vic - tim or witness of, or has objective evidence of, human rights violations can submit a report to the VMRI, even anonymously. When a report is filed, there are several options. If the VMRI is not competent, the reporter can be referred to another institution. It can also pro - vide primary legal assistance and information or initiate a mediation process. If this mediation is unsuccessful, the VMRI can refer the case to the Litigation Chamber. The latter will investigate
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