According to the two organizations, the new decree provides for a relaxation of the rules and the removal of authorization obligations. “Flanders is depriving itself of its own power of control and it will have less visibility on certain transfers,” according to Wies De Graeve, director of Amnesty International Flanders. “This increases the risk that Flemish companies contribute – knowingly or unknowingly – to serious human rights violations, or even to war crimes, crimes against humanity or genocide.”
The two organizations also refer to the opinion of the Council of State on the draft decree. Due to “time constraints and the complexity” of the file, the high authority was not able to examine the text in its entirety with regard to the international framework. “This means that fundamental questions regarding compatibility with international law remain unanswered,” according to Filip Reyniers. “The Council of State in fact returns the ball to the legislator. It is up to parliament to fully assume its role and ensure that the decree is only approved if it complies with international standards.”
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In a reaction, Flemish Minister-President Matthias Diependaele affirms that the decree is “fully compliant with European directives and the rules of international law” and emphasizes that “complete and rigorous control of sensitive destinations and end use” is maintained. “This control is and remains an absolute priority, because it allows us to avoid abuses. This is precisely where the decree makes the difference: it reinforces attention where the risks are highest, through a continuous evaluation of respect for human rights and international law.” The fact that the burdens on businesses are now reduced where possible creates “a healthy balance”, adds the minister-president.
Furthermore, Mr. Diependaele notes that the Council of State delivered its opinion on the scheduled date, without extending the deadline. “This reinforces our conviction that this decree is indeed the fruit of in-depth and, above all, very thoughtful preparatory work,” he underlines.
