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17 AOUT 2013. - Law adapting the law of 15 February 1993 creating a Centre for Equal Opportunities and Combating Racism to transform it into a Federal Centre for the Analysis of Migration Flows, the Protection of the Fundamental Rights of Aliens and the Fight against Trafficking in Human Beings (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er - Preliminary provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Act of 15 February 1993
creating a Centre for Equal Opportunities and Combating Racism
Art. 2. The title of the Act of 15 February 1993 creating a Centre for Equal Opportunities and Combating Racism is replaced by the following:
"An Act to establish a Federal Centre for the Analysis of Migration Flows, the Protection of the Fundamental Rights of Foreigners and the Combating of Human Trafficking. ".
Art. 3. Article 1^er the Act is replaced by the following:
"It is created a Federal Centre for the Analysis of Migration Flows, the Protection of the Fundamental Rights of Aliens and the Fight against Trafficking in Human Beings, hereafter referred to as the "Centre". The Centre enjoys legal personality.".
Art. 4. Section 2 of the Act, last amended by the Act of 10 May 2007, is replaced by the following:
"The Centre's mission is to ensure respect for the fundamental rights of foreigners and to inform the public authorities of the nature and extent of migratory flows within federal jurisdictions. The Centre carries out its missions in a spirit of dialogue and consultation with all public and private actors involved in the policy of welcoming and integrating immigrants. The Centre is also responsible for stimulating the fight against trafficking and trafficking in human beings within federal jurisdictions. "
Art. 5. In section 3, paragraph 2, of the Act, as amended by the Acts of 20 January 2003 and 10 May 2007, the following amendments are made:
1° 5° is replaced by the following:
"5° to be tried within the limits of his duties defined in Article 2, in all disputes arising from the application of the following laws:
- Act of 13 April 1995 containing provisions for the suppression of trafficking and trafficking in persons;
- the law of 11 February 2013 providing for sanctions and measures against employers of third-country nationals in illegal residence;"
2° 8° is replaced by the following:
"8° to carry out any other mission, within its areas of legal competence, entrusted by any public authority";
3° 9° and 10° are repealed.
Art. 6. In section 4 of the Act, as amended by the Act of 20 January 2003, paragraph 2 is replaced by the following:
"The Minister of Justice annually communicates to the Centre judicial statistics relating to the application of the Act of 13 April 1995 containing provisions for the suppression of trafficking and trafficking in persons".
Art. 7. In section 5, paragraph 2, of the Act, the 1st is replaced by the following:
"1° the structure of the Centre, so that the various tasks referred to in Article 3 can be organized optimally".
Art. 8. In the same Act, an article 5/1 is inserted as follows:
"Art. 5/1. The Centre is managed by a board of directors composed of members designated by the Federal Parliament as members of the Federal Chamber of the Inter-Federal Centre for Equal Opportunities and Combating Racism and Discrimination. They are appointed by royal decree."
Art. 9. In section 6 of the Act, paragraph 2 is repealed.
CHAPTER 3. - Amendments
Art. 10. In section 35/13, paragraph 1^er, 4°, of the law of 12 April 1965 concerning the protection of the remuneration of workers, inserted by the law of 11 February 2013, the words "Centre for Equal Opportunities and the Fight against Racism" are replaced by the words "Interfederal Center for Equal Opportunities and the Fight against Racism and Discrimination".
Art. 11. In article 4, 5°, of the Act of 30 July 1981 to punish certain acts inspired by racism or xenophobia, the words "the Center for Equal Opportunities and the Fight against Racism, created by the Act of 15 February 1993" are replaced by the words "the Inter-Federal Centre for Equal Opportunities and the Fight against Racism and Discrimination, created by the cooperation agreement of 12 June 2013".
Art. 12. In Article 8, § 7, of the Law of 10 April 1990 regulating private and special security, the words "at Article 2, §§ 1^er and 2, of the Anti-Discrimination Act and amending the Act of 15 February 1993 creating a Centre for Equal Opportunities and Combating Racism are replaced by the words "at Article 4, 7° and 9°, of the Act of 10 May 2007 to combat certain forms of discrimination".
Art. 13. In Article 4 of the Act of 23 March 1995 to suppress the negation, minimization, justification or approval of the genocide committed by the German national-socialist regime during the Second World War, the words "The Center for Equal Opportunities and Combating Racism" are replaced by the words "The Inter-federal Centre for Equal Opportunities and Combating Racism and Discrimination, created by the cooperation agreement of June 2013".
Art. 14. In article 32 of the Act of 4 August 1996 on the welfare of workers during the execution of their work, inserted by the law of 11 June 2002 and amended by the law of 10 January 2007, the 5th is replaced by the following:
"5° the Inter-Federal Centre for Equal Opportunities and the Fight against Racism and Discrimination, created by the cooperation agreement of 12 June 2013".
Art. 15. The following amendments are made to section 32 of the Act of 22 March 1999 on various public service measures, as amended by the Act of 17 June 1999:
1° § 2, 4°, first dash is replaced by the following:
"- at the Inter-federal Centre for Equal Opportunities and the Fight against Racism and Discrimination";
2° § 2 is supplemented by an 11° written as follows:
"11° at the Federal Centre for the Analysis of Migration Flows, the Protection of the Fundamental Rights of Foreigners and the Fight against Human Trafficking".
Art. 16. In section 26 of the Act of 13 May 1999 concerning the disciplinary status of police personnel, as amended by the Acts of 16 December 2002 and 20 January 2003, the following amendments are made:
1° in paragraph 4, the words "the Centre for Equal Opportunities and the Fight against Racism" are replaced by the words "the Inter-Federal Centre for Equal Opportunities and the Fight against Racism and Discrimination, created by the cooperation agreement of June 12, 2013";
2° in paragraph 4, the words "the law of 25 February 2003 to combat discrimination and amend the law of 15 February 1993 creating a Centre for Equal Opportunities and Combating Racism" are replaced by the words "the law of 10 May 2007 to combat certain forms of discrimination";
3° in the second sentence of paragraph 4, the word "interfederal" is inserted between the words "Centre" and the words "of follow-up".
4° in paragraph 5, the words "Centre for Equal Opportunities and the Fight against Racism" are replaced by the words "the Inter-Federal Centre for Equal Opportunities and the Fight against Racism and Discrimination".
Art. 17. In Article 57, § 1^er, of the Law of Principles of 12 January 2005 on Prison Administration and the Legal Status of Prisoners, as amended by the Law of 21 February 2010, the 17th is replaced by the following:
"17° the two co-directors of the Inter-Federal Centre for Equal Opportunities and Combating Racism and Discrimination, created by the cooperation agreement of 12 June 2013".
Art. 18. In Article 4, 5°, of the Law of 10 May 2007 on combating certain forms of discrimination, the words "the Center for Equal Opportunities and the Fight against Racism, created by the Law of 15 February 1993" are replaced by the words "the Inter-Federal Center for Equal Opportunities and the Fight against Racism and Discrimination, created by the cooperation agreement of 12 June 2013".
Art. 19. In article 8, paragraph 1, 4, of the Law of 11 February 2013 providing for sanctions and measures against employers of third-country nationals in illegal residence, the words "Centre for Equal Opportunities and Combating Racism" are replaced by the words "Federal Centre for the Analysis of Migration Flows, Protection of the Fundamental Rights of Foreigners and the Fight against Trafficking in Human Beings".
CHAPTER 4. - Entry into force
Art. 20. This Act comes into force on the day of the coming into force of the Act enacting the cooperation agreement of 12 June 2013 to establish an Inter-Federal Centre for Equal Opportunities and the Fight against Racism and Discrimination.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 August 2013.
PHILIPPE
By the King:
The Prime Minister,
E. DI RUPO
The Minister of Equal Opportunities,
Ms. J. MILQUET
Minister of Justice
Ms. A. TURTELBOOM
The Secretary of State for Asylum and Migration,
to social integration, and to the fight against poverty,
Ms. M. DE BLOCK
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 53-2859
Full report: 16-17 July 2013
Senate (www.senate.be):
Documents: 5-2213
Annales du Sénat : 18 juillet 2013