Parliamentary inquiry (Belgium) into sects and their illegal practices

(CHAMBER OF REPRESENTATIVES BELGIUM) (Page 1)

PARLIAMENTARY INQUIRY

aimed at developing a policy to combat the illegal practices of sects and the danger they represent to society and to individuals, particularly minors

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PART I Act of 2 June 1998 establishing an Information and Advice Centre on harmful sectarian organisations and an Administrative Coordination Cell for the fight against harmful sectarian organisations (Moniteur belge of 25 November 1998)
PART II Royal Decree of 8 November 1998 determining the composition, operation and organisation of the Administrative Coordination Cell for the fight against harmful sectarian organisations (Moniteur belge of 9 December 1998)
PART III Record of parliamentary documents and annals
PART IV Report made on behalf of the parliamentary committee of inquiry by Messrs. Duquesne and Willems
PART V Motion adopted in plenary session.

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Act of 2 June 1998 establishing an Information and Advice Centre on harmful sectarian organisations and an Administrative Coordination Cell to combat harmful sectarian organisations (Moniteur belge of 25 November 1998)

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BELGIAN OFFICIAL GAZETTE

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168th YEAR

WEDNESDAY 25 NOVEMBER 1998

Ministry of Justice

Law of 2 June 1998 establishing an Information and Advice Centre on harmful sectarian organisations and an Administrative Coordination Cell for the fight against harmful sectarian organisations, p. 3782-t

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MINISTRY OF JUSTICE

2 JUNE 1998. — Law establishing an Information and Advice Centre on harmful sectarian organisations and an Administrative Coordination Cell for the fight against harmful sectarian organisations (1)

ALBERT II, King of the Belgians, To all who are now and who shall be, Our Greeting.

The Chambers have adopted and We ratify the following:

CHAPTER I. — Preliminary provisions

Article 1. This law governs a matter as referred to in Article 78 of the Constitution.

Art. 2. For the purposes of this law, a harmful sectarian organisation shall mean any grouping with a philosophical or religious purpose, or which presents itself as such, and which, in its organisation or practices, engages in harmful unlawful activities, harms the individual or society or undermines human dignity.

The harmful character of a sectarian organisation shall be assessed on the basis of the principles laid down in the Constitution, the laws, the decrees, the ordinances and in the international treaties on the protection of human rights ratified by Belgium.

CHAPTER II. — Information and Advice Centre on harmful sectarian organisations

Art. 3. An independent centre is established at the Ministry of Justice under the name "Information and Advice Centre on harmful sectarian organisations", hereinafter referred to as the Centre. The seat of the Centre is situated in the administrative arrondissement "Brussels-Capital".

Art. 4. § 1. The Centre shall consist of twelve full members and twelve alternate members who shall be appointed by a two-thirds majority by the Chamber of Representatives. Six full members and six alternate members shall be appointed on the nomination of the Council of Ministers and for each vacancy to be filled two candidates shall be proposed. Language parity between the Dutch-speaking and the French-speaking members shall be ensured for both the members appointed directly by the Chamber and those appointed on the nomination of the Council of Ministers. At least one full member and one alternate member shall be proficient in German.

The Chamber of Representatives shall elect from among the full members the chair and the vice‑chair.

§ 2. The members shall be appointed for a term of four years, renewable once, from among eminent personalities known for their knowledge, experience and interest in the issues related to harmful sectarian groupings. They must provide all guarantees enabling them to perform their mandate in complete independence and in a spirit of objectivity and impartiality. The full and the alternate members may be relieved of their mandate by the Chamber of Representatives if they fail in their duties or bring the dignity of their office into disrepute.

§ 3. To be appointed as a full or acting member and to retain that capacity, candidates must meet the following conditions:

1° to enjoy civil and political rights;

2° not to be a member of the European Parliament or of the Legislative Chambers, nor of a Community or Regional Council, nor of the Federal Government or of a Community or Regional Government.

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§ 4. Members of the Centre are prohibited from being present at deliberations on matters in which they have a personal or direct interest or in which their blood relatives or relatives by marriage up to the fourth degree have a personal or direct interest.

§ 5. When a full member is prevented or absent, he shall be replaced by his alternate. A full or alternate member whose mandate ends before the expiration of the four-year term shall be replaced in accordance with the procedure referred to in the first paragraph by a full or an alternate member appointed for the remainder of the term. The King shall determine the modalities concerning the remuneration of the members of the Centre.

Art. 5. The Centre shall draw up its rules of procedure within two months of its installation. They shall be submitted for approval to the Chamber of Representatives.

Art. 6. § 1. The Centre shall be entrusted with the following tasks:

1° to study the phenomenon of harmful sectarian organisations in Belgium and their international links;

2° to organise a documentation centre accessible to the public;

3° to ensure reception and information for the public and to inform any person who addresses a request to the Centre about his rights and duties and about the ways in which he can assert his rights;

4° either on its own initiative or at the request of any public authority, to issue opinions and recommendations on the phenomenon of harmful sectarian organisations and, in particular, on policy concerning the fight against these organisations;

§ 2. For the performance of its tasks the Centre is empowered to:

1° gather all available information;

2° carry out any studies or scientific research necessary for the concrete performance of its tasks;

3° take over any archive or documentation collection whose subject matter corresponds to one of its tasks;

4° provide support and guidance to institutions, organisations and providers of legal assistance;

5° consult or invite to its meetings qualified associations and persons which it deems useful to hear. For the performance of its tasks the Centre shall cooperate with the Administrative Coordination Cell.

§ 3. For the performance of the tasks referred to in § 1, 1° and 3°, the Centre is authorised to process personal data relating to conviction or activities in the philosophical or religious field as referred to in Article 6 of the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data.

The King shall determine, by a decision deliberated in the Council of Ministers, the guarantees concerning the confidentiality and security of personal data, the status and duties of an officer for data protection within the Centre and the manner in which the Centre must report to the Commission for the Protection of Privacy on the processing of personal data.

§ 4. The information that the Centre provides at the request of the public shall be based on the information available to the Centre and shall not be presented in the form of lists or systematic overviews of harmful sectarian organisations.

Art. 7. The opinions and recommendations of the Centre shall be reasoned. The opinions shall be public, except in the case of a duly reasoned decision to the contrary by the Centre.

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Art. 8. § 1. The Centre may only deliberate if at least the majority of its members is present. Decisions shall be taken by absolute majority. In the event of a tie, the vote of the chair or, if he is prevented, of his deputy shall be decisive.

The adopted opinions shall reflect the various positions set out.

§ 2. The Centre may have access to the full stenographic report of the public hearings of the parliamentary inquiry committee of the Chamber of Representatives with a view to policy-making to combat the unlawful practices of sects and their dangers for society and for the individual, in particular for minors.

Art. 9. For the execution of all its tasks the Centre may call upon the assistance of experts. The King shall determine the modalities for the remuneration of these experts.

Art. 10. For all persons working with confidential data collected by the Centre, professional secrecy as referred to in Article 458 of the Criminal Code shall apply. The same obligation shall also apply to anyone who is not a member of the Centre but acts as an expert, researcher or collaborator.

Art. 11. The Centre shall present a report on its activities every two years. This report shall be sent to the Council of Ministers, the Legislative Chambers and to the Councils and Governments of the Communities and Regions.

Art. 12. The Centre shall have a secretariat.

The staff shall be made available by the Minister of Justice, after having obtained the prior opinion of the Centre.

The staff shall be under the direct authority of the chair of the Centre. The operating costs of the Centre shall be borne by the budget of the Ministry of Justice.

CHAPTER III. — Administrative Coordination Cell for the fight against harmful sectarian organisations

Art. 13. An Administrative Coordination Cell for the fight against harmful sectarian organisations is established at the Ministry of Justice.

Art. 14. The Minister of Justice or his representative shall preside over the Administrative Coordination Cell. The King shall determine the composition of the Administrative Coordination Cell by a decision deliberated in the Council of Ministers.

Art. 15. The Administrative Coordination Cell shall have the following tasks:

1° to coordinate actions undertaken by the competent public services and authorities;

2° to examine the evolution of the unlawful practices of harmful sectarian organisations;

3° to propose measures designed to increase the coordination and effectiveness of these actions;

4° to promote, in consultation with the competent services and authorities, a prevention policy for citizens against the activities of harmful sectarian organisations;

5° to build close cooperation with the Centre and to take the necessary measures in order to implement the recommendations and proposals of the Centre.

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Art. 16. The King shall determine, by a decision deliberated in the Council of Ministers, the modalities regarding the operation and organisation of the Administrative Coordination Cell. We promulgate this law, order that it shall be signed with the State seal and published in the Belgian Official Gazette.

Given in Brussels, 2 June 1998.

ALBERT By virtue of the King: The Minister of Justice, T. VAN PARYS With the State seal affixed: The Minister of Justice, T. VAN PARYS Note

(1) Ordinary session 1996-1997.

Chamber of Representatives. Parliamentary papers. - Bill by Mr. Duquesne, no. 1198/1. - Amendments nos. 1198/2 to 7. - Report by Mr. Willems, no. 1198/8. - Text adopted by the Committee, no. 1198/9. - Text adopted in plenary session and transmitted to the Senate, no. 1198/10. Parliamentary Debates. - Debate. Meeting of 22 April 1998. - Adoption. Meeting of 28 April 1998. Senate. Parliamentary papers. - Draft transmitted by the Chamber of Representatives, no. 1-965/1-1997-1998. Draft not taken up by the Senate, no. 1-965/2-1997-1998.

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PART II

Royal Decree of 8 November 1998 determining the composition, operation and organisation of the Administrative Coordination Cell for the fight against harmful sectarian organisations (Moniteur belge of 9 December 1998)

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LAWS, DECREES, ORDINANCES AND REGULATIONS

MINISTRY OF JUSTICE

N. 98 — 3277 [S−C−98/09981] 8 NOVEMBER 1998. — Royal decree determining the composition, operation and organisation of the Administrative Coordination Cell for the fight against harmful sectarian organisations.

ALBERT II, King of the Belgians, To all who are now and who shall be, Our Greeting.

Having regard to the law of 2 June 1998 establishing an Information and Advice Centre on harmful sectarian organisations and establishing an Administrative Coordination Cell for the fight against harmful sectarian organisations; Having regard to the opinion of the Inspector of Finance, given on 10 September 1998; Having regard to the laws of the Council of State, coordinated on 12 January 1973, in particular Article 3, § 1, as amended by the laws of 9 August 1980, 16 June 1989, 4 July 1989 and 4 August 1996; Having regard to the urgent necessity; Whereas the Parliamentary Investigative Committee entrusted with policy-making to combat sects and the dangers of those sects for the individual and in particular for minors has raised the urgent need for the establishment of an Information and Advice Centre and an Administrative Coordination Cell, with a view to the as soon as possible creation of a body charged with monitoring this phenomenon; Whereas the law establishing an Information and Advice Centre on harmful sectarian organisations and an Administrative Coordination Cell was signed by the King on 2 June 1998 and it is therefore desirable that the law and the implementing decisions be published as soon as possible, in order to enable the Information and Advice Centre and the Administrative Coordination Cell to commence their tasks as from 1 January 1999; On the proposal of Our Minister of Justice and on the advice of Our Ministers sitting in Council,

We have decided and do decide:

CHAPTER I. — Composition of the Administrative Coordination Cell

Article 1. The Administrative Coordination Cell established by Article 13 of the law of 2 June 1998 shall be composed as follows:

a representative of the College of Prosecutors-General;
a national magistrate;
a representative of the Gendarmerie;
a representative of the Judicial Police;
a representative of the General State Police of the Ministry of the Interior;
a representative of the Ministry of Civil Service;
a representative of the State Security Service;
a representative of the Directorate-General for Civil Legislation and Worship of the Ministry of Justice;
a representative of the Directorate-General for Criminal Legislation and Human Rights of the Ministry of Justice;
a representative of the Service for Criminal Justice Policy of the Ministry of Justice;
a representative of the Ministry of the Interior;
a representative of the Ministry of Finance;
a representative of the Ministry of Employment and Labour;
a representative of the Ministry of National Defence.

Art. 2. For each representative an alternate shall also be designated.

Art. 3. The representatives and their alternates shall be appointed by the Minister of Justice, after nomination by the respective authorities on which they depend.

CHAPTER II. — Operation of the Administrative Coordination Cell

Art. 4. The chair shall determine the place, day and starting time of the meetings and shall draw up the agenda. Each of the members has the right to request the chair to place items on the agenda. The chair of the Information and Advice Centre on harmful sectarian organisations also has the right to request the chair to place items on the agenda.

Art. 5. Except in cases of urgency, the invitations and the agenda as well as any documents, after signature by the chair, shall be sent by the secretary to the members at least eight days in advance.

Art. 6. Members who are prevented from attending shall be replaced by their alternates and shall send the documents to them.

Art. 7. The Administrative Coordination Cell shall only validly meet if at least half of the members or their alternates are present. If no majority was present, the members shall be invited again, in which case the Administrative Coordination Cell shall validly meet whatever the number of members present.

Art. 8. Each member of the Administrative Coordination Cell, and in case of prevention his alternate, shall have one vote. Decisions shall be taken unanimously by the members present. The chair of the Information and Advice Centre on harmful sectarian organisations or his alternate may:

be invited to attend the meetings of the Administrative Coordination Cell;
be heard if the agenda so requires.

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Art. 9. The secretary shall draw up minutes of the meetings. They shall be sent with the next invitation after approval by the chair.

Members shall submit their comments in writing no later than one day before the meeting.

Art. 10. The opinions and recommendations which the Centre issues pursuant to Article 6, § 1, 4° of the law of 2 June 1998 shall be transmitted by the Centre to the chair of the Administrative Coordination Cell.

The Administrative Coordination Cell shall determine in consultation with the Centre the manner of:

coordination of any actions;
arrangement for supervision of the implementation of the recommendations and opinions of the Centre insofar as they fall within their competences.

Art. 11. The measures proposed by the Administrative Coordination Cell shall be communicated in writing to the services or bodies concerned, as well as to the chair of the Centre.

Art. 12. The Administrative Coordination Cell shall consult with all competent services and authorities within the framework of its tasks. It may invite them and request information from them. Federal authorities shall provide the information requested by the Administrative Coordination Cell.

Art. 13. The Administrative Coordination Cell shall meet at least once every two months.

The Administrative Coordination Cell shall submit a semi-annual report to the Centre on its activities.

CHAPTER III. — Organisation

Art. 14. All members of the Administrative Coordination Cell shall form the "Bureau". The "Bureau" shall appoint an executive committee composed of the chair, who shall be a member by right, and two elected members.

Art. 15. The Administrative Coordination Cell may, when special tasks so justify, establish subgroups within it.

Art. 16. The Minister of Justice shall provide administrative staff, premises and the necessary office supplies to the Administrative Coordination Cell.

Art. 17. Articles 1 to 3 shall enter into force on the day on which this decree is published in the Belgian Official Gazette and the other articles on 1 January 1999.

Art. 18. Our Minister of Justice is charged with the execution of this decree.

Given in Brussels, 8 November 1998.

ALBERT By virtue of the King: The Minister of Justice, T. VAN PARYS

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PART III

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RECORD OF PARLIAMENTARY DOCUMENTS AND ANNALS

A. CONSTITUTION OF THE PARLIAMENTARY COMMITTEE OF INQUIRY

Documents of the Chamber of Representatives:
- 313 (1995-1996)
  - no. 1: Proposal by Mr. Duquesne and associates
  - nos. 2 to 4: Amendments by Messrs. Duquesne and Moureaux and Mrs. de T'Serclaes
  - no. 5: Report made on behalf of the Committee on Justice by Mr. Borin
  - no. 6: Text adopted by the Committee on Justice.
- Annals of the Chamber of Representatives
  - 13, 14 and 28 March 1996.

B. WORK OF THE PARLIAMENTARY COMMITTEE OF INQUIRY

Documents of the Chamber of Representatives:
- 313 (1995-1996)
  - nos. 7 and 8: Report made on behalf of the Committee by Messrs. Duquesne and Willems
  - no. 9: Motion adopted in plenary session
- Annals of the Chamber of Representatives
  - 30 April and 7 May 1997.

C. ACT OF 2 JUNE 1998

Documents of the Chamber of Representatives
- 1198 (1996-1997)
  - no. 1: Proposal by Mr. Duquesne
  - nos. 2 to 7: Amendments by Messrs. J.-P. Viseur, Duquesne, Beaufays, Willems and by the Government
  - no. 8: Report made on behalf of the Committee on Justice by Mr. Willems
  - no. 9: Text adopted by the Committee on Justice
  - no. 10: Text adopted in plenary session and transmitted to the Senate.
- Annals of the Chamber of Representatives
  - 22 and 28 April 1998
Senate documents
- 1-965 (1997-1998)
  - no. 1: Draft transmitted by the Chamber of Representatives
  - no. 2: Draft not taken up by the Senate.

Parliamentary inquiry (Belgium) into sects and their illegal practices — report (e.g., “New Acropolis”).