Posted the: 1998-11-25 Numac: 1998009893 Department of JUSTICE June 2, 1998. -Law on the establishment of a Centre for information and advice on harmful sectarian organisations and an administrative coordination cell in the fight against harmful sectarian organizations (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Provisions preliminary Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. for the purposes of this Act, harmful sectarian organization, means any grouping to philosophic or religious vocation, or claiming that in his organization or his practice, engages in illegal activities damaging, harmful to individuals or the company or undermines human dignity.
The harmful nature of a sectarian group is examined based on principles contained in the Constitution, laws, decrees and orders and the international conventions for the protection of human rights ratified by the Belgium.
CHAPTER II. -Centre for information and advice on harmful sectarian organizations art.
3. it is hereby established within the Ministry of Justice an independent centre called "Centre of information and advice on harmful sectarian organisations", called hereinafter the Centre.
The headquarters of the Centre is established in the administrative arrondissement of Brussels-capital.
S. 4 § 1. The Center includes twelve full members and 12 alternates appointed by the House of representatives by a majority of two-thirds. Six members and six alternates are designated on presentation of the Council of Ministers, two candidates being proposed for each mandate to confer.
As well for members appointed directly by the Board for those appointed on presentation of the Council of Ministers, the parity between members of expression Dutch and French-speaking members is ensured.
At least one Member and one alternate member possess knowledge of the German language.
The House of representatives appoints among members the Chairman and the Deputy Chairman.
§ 2. The members are appointed for a term of four years, renewable once, among the eminent personalities renowned for their knowledge, their experience and their interest in the problem of harmful sectarian groups. They offer all the guarantees enabling them to carry out their mission with independence and in a spirit of objectivity and impartiality.
The full members and alternate members may be removed from their mandate by the House of representatives, in case of breach of duties or dignity of their function.
§ 3. To be designated and stay or substitute member, applicants must meet the following conditions: 1 ° enjoy their rights civil and political;
2 ° not to be member of the European Parliament or legislative chambers, or a community or regional Council or the federal Government or a community or regional government.
§ 4. It is prohibited to members of the Center to be present during the deliberation on the objects for which they have a personal interest or direct or where their parents or allied to the fourth degree have a personal interest or direct.
5. In case of impediment or absence of a full member, he is replaced by his Deputy.
The actual or alternate member whose mandate is terminated before the expiry of the four-year term is replaced, according to the procedure laid down in the § 1, by a member or alternate appointed for the term remaining.
The King fixed the compensation of the members of the Centre.
5. the Centre shall establish its rules of procedure within two months of its installation. It is submitted for approval to the House of representatives.
S. 6 § 1. The Centre is responsible for the following tasks: 1 ° examine the phenomenon of harmful sectarian organisations in Belgium as well as their international links;
2 ° organize a publicly accessible documentation centre;
3 ° ensure the reception and information to the public and inform anyone who asks about his rights and obligations and on the means to assert its rights;
4 ° to formulate either initiative or at the request of any public authority opinions and recommendations on the phenomenon of harmful sectarian organisations and in particular the policy on the fight against these organizations.
§ 2. For the performance of its tasks, the Centre is empowered: 1 ° to gather all available information;
2 ° to carry out any studies or necessary to carry out scientific research concrete of its missions;
3 ° to collect all funds archives or documentation which corresponds to one of its missions;
4 ° to provide support and guidance to institutions, organizations and providers of legal aid;
5 ° to consult or to invite to its meetings of associations and candidates whose hearing seemed to be useful.
For the performance of its tasks, the Centre works in collaboration with the administrative coordination unit.
§ 3. The Centre is for the fulfilment of its tasks set out in the § 1, 1 ° and 3 °, empowered to process personal data relating to opinions and philosophical and religious activities referred to in article 6 of the Act of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
The King said in a decree deliberated in the Council of Ministers guarantees the confidentiality and the security of the data personal, status and the tasks of a servant to the protection of data within the Centre and the way in which the Centre will have to report to the Commission for the protection of privacy on the processing of personal data.
§ 4. The information provided by the Centre in response to a request from the public rely on the information it has and cannot be presented in the form of lists or harmful sectarian organisations systematic surveys.
S. 7. the opinions and recommendations of the Centre are motivated.
Notices are public unless otherwise decided by the Centre duly reasoned.
S. 8 § 1. The Centre cannot validly only if a majority of its members at least is present. It decides by an absolute majority. In the event of parity of votes, the votes of the president or in case of impediment, his Deputy, is dominating.
The opinions adopted reproduce the various points of view expressed.
§ 2. The Centre may have the full verbatim record of the public hearings of the Parliamentary Committee of inquiry of the House of representatives to develop a policy to combat illegal practices of sects and the danger that she represent for society and for people, particularly minors.
S. 9. for the fulfilment of its tasks, the Centre may require the assistance of experts.
The King lays down the procedures of compensation of these experts.
10. all the persons dealing with confidential data collected by the Centre is subject to the respect of professional secrecy as referred to in article 458 of the penal Code. This obligation applies also to anyone outside intervener Centre as an expert, investigator or collaborator.
S. 11. the Centre presents every two years a report of its activities. This report is addressed to the Council of Ministers, legislative chambers and boards and Governments of the Regions and the communities.
S. 12. the Centre has a secretariat.
The staff is made available by the Minister of Justice, after obtaining the prior opinion of the Centre.
The staff is put under the direct authority of the president of the Center.
The Centre's operating costs are charged to the budget of the Ministry of Justice.
CHAPTER III. -Administrative coordination cell in the fight against harmful sectarian organizations art. 13 an administrative cell of coordination of the fight against harmful sectarian organizations is created the Ministry of Justice.
S. 14. the administrative coordination unit is chaired by the Minister of Justice or his delegate.
The King determines the composition of the administrative coordination unit by a decree deliberated in the Council of Ministers.
15. the administrative coordination unit is responsible for the following tasks: 1 ° to coordinate the actions carried out by the services and competent public authorities;
2 ° examine the evolution of the illegal practices of harmful sectarian organisations;
3 ° propose measures likely to improve the coordination and the effectiveness of these actions;
4 ° promote a prevention policy of the public against the activities of harmful sectarian organisations in cooperation with the administrations and departments;
5 ° to establish close cooperation with the Centre and take the necessary measures to execute the proposals and recommendations of the Centre.
S. 16. the King shall determine the modalities relating to the functioning and the organisation of the administrative coordination unit by a decree deliberated in the Council of Ministers.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, on 2 June 1998.
ALBERT by the King: the Minister of Justice, T. VAN PARYS sealed with the seal of the State:
The Minister of Justice, T. VAN PARYS _ Note (1) Regular Session 1996-1997.
House of representatives.
Parliamentary papers. -Law proposition of M.
Duquesne, no. 1198/1. -Amendments, no. 1198/2 to 7. -Report by Mr Willems, no. 1198/8. -Text adopted by the Commission, no. 1198/9. -Text adopted in plenary meeting and transmitted to the Senate, no. 1198/10.
Parliamentary Annals. -Discussion. Meeting of April 22, 1998. -Adoption. Meeting of April 28, 1998.
Parliamentary papers. -Draft transmitted by the House of representatives, n ° 1-965/1-1997-1998.
Project not mentioned by the Senate, no. 1-965/2-1997-1998.