2 JUIN 1998. - An Act to establish a Centre for Information and Opinion on Harmful Secular Organizations and an Administrative Unit to Coordination the Fight against Harmful Secular Organizations (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I. - Preliminary provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. For the purposes of this Act, a harmful sectarian organization means any grouping with a philosophical or religious vocation, or pretending to be such, which, in its organization or practice, engages in unlawful activities harmful to individuals or to society or infringes upon human dignity.
The harmful nature of a sectarian grouping is examined on the basis of the principles contained in the Constitution, laws, decrees and orders and international human rights conventions ratified by Belgium.
CHAPTER II. - Information and Advisory Centre
on harmful sectarian organizations
Art. 3. It is established with the Department of Justice an independent centre known as the Centre for Information and Opinions on Harmful sectarian organizations, known as the Centre.
The headquarters of the Centre is established in the administrative district of "Brussels-Capital".
Art. 4. § 1. The Centre comprises twelve effective members and twelve alternate members appointed by the House of Representatives by a two-thirds majority. Six effective members and six alternate members are appointed upon presentation by the Council of Ministers, with two candidates proposed for each term to be conferred.
Both for members designated directly by the House and for those designated upon presentation by the Council of Ministers, linguistic parity between members of Dutch expression and members of French expression is ensured.
At least one effective member and one alternate member have a knowledge of the German language.
The House of Representatives shall designate among the effective members the Chairperson and the alternate chair.
§ 2. Members are designated for a term of four years, renewable once, among eminent personalities known for their knowledge, experience and interest in the problem of harmful sectarian groups. They must offer all the guarantees enabling them to exercise their mission independently and in a spirit of objectivity and impartiality.
The effective members and alternate members may be relieved of their mandate by the House of Representatives, in the event of a breach of their duties or a violation of their dignity.
§ 3. To be designated and to remain an effective or alternate member, candidates must meet the following conditions:
1° enjoy their civil and political rights;
2° not to be a member of the European Parliament or of the Legislative Chambers, of a Community or Regional Council, of the federal government or of a community or regional government.
§ 4. It is prohibited for members of the Centre to be present during deliberation on objects for which they have a personal or direct interest or for which their parents or allies up to the fourth degree have a personal or direct interest.
§ 5. In the event of an effective member's incapacity or absence, he is replaced by his alternate.
An effective or alternate member whose term of office expires before the expiration of the term of four years is replaced, according to the procedure provided for in § 1st, by an effective or alternate member designated for the term remaining to be run.
The King sets out the terms and conditions for compensation for the members of the Centre.
Art. 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.
Art. 6. § 1 The Centre is responsible for:
1° to study the phenomenon of harmful sectarian organizations in Belgium and their international links;
2° organize a public documentation centre;
3° ensure the reception and information of the public and inform any person who makes the request on his or her rights and obligations and on how to assert his or her rights;
4° to formulate either initiative or at the request of any public authority opinions and recommendations on the phenomenon of harmful sectarian organizations and in particular on the policy of combating such organizations;
§ 2. The Centre is authorized to carry out its duties:
1° to gather all available information;
2° to carry out all scientific studies or research necessary for the concrete execution of his missions;
3° to collect any archive or documentation that corresponds to one of its missions;
4° to provide support and guidance to institutions, organizations and legal aid providers;
5° to consult or invite to its sessions of associations and qualified persons whose hearing seems useful to it.
In carrying out its tasks, the Centre works in collaboration with the Administrative Coordination Unit.
§ 3. The Centre is for the fulfilment of its tasks referred to in § 1st, 1st and 3rd, entitled to process personal data relating to opinions and philosophical and religious activities referred to in Article 6 of the Law of 8 December 1992 on the protection of privacy with respect to personal data processing.
The King specifies in a deliberate order in the Council of Ministers the guarantees relating to the confidentiality and security of personal data, the status and tasks of a data protection officer within the Centre and the manner in which the Centre should report to the Privacy Commission on the processing of personal data.
§ 4. The information provided by the Centre in response to a public request is based on the information available to it and cannot be presented in the form of lists or systematic surveys of harmful sectarian organizations.
Art. 7. The Centre ' s opinions and recommendations are motivated.
The notices are public unless the Centre has been duly substantiated.
Art. 8. § 1st. The Centre may only deliberate validly if the majority of its members are present. It decides by absolute majority. In the event of a parity of votes, the President's voice, or in the event of an incapacity, is preponderant.
The opinions adopted reproduce the various views expressed.
§ 2. The Centre may have the full stenographic record of the public hearings of the House of Representatives' Parliamentary Inquiry Committee to develop a policy to combat the illegal practices of the sects and the danger it poses to society and people, especially minors of age.
Art. 9. For all of its missions, the Centre may request the expert examination.
The King sets out the compensation arrangements for these experts.
Art. 10. All persons dealing with confidential data collected by the Centre are subject to professional secrecy as referred to in section 458 of the Criminal Code. This obligation also applies to any outside person at the Centre acting as an expert, investigator or collaborator.
Art. 11. The Centre reports annually on its activities. This report is addressed to the Council of Ministers, the Legislative Chambers and the Councils and Governments of the Regions and Communities.
Art. 12. The Centre has a secretariat.
Staff are made available by the Minister of Justice after receiving the Centre's prior notice.
The staff is placed under the direct authority of the President of the Centre.
The operating costs of the Centre are borne by the Department of Justice budget.
CHAPTER III. - Administrative Coordination Unit
against harmful sectarian organizations
Art. 13. An administrative unit for the coordination of the fight against harmful sectarian organizations is established with the Department of Justice.
Art. 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 deliberate decree in the Council of Ministers.
Art. 15. The Administrative Coordination Unit is responsible for:
1° Coordinate the actions of the competent public authorities and services;
2° Review the evolution of illegal practices of harmful sectarian organizations;
3° Propose measures to improve the coordination and effectiveness of these actions;
4° Promote a public prevention policy against the activities of harmful sectarian organizations in consultation with relevant administrations and services;
5° Establish close collaboration with the Centre and take the necessary steps to implement the proposals and recommendations of the Centre.
Art. 16. The King determines the modalities for the operation and organization of the Administrative Coordination Unit by a deliberate order in the Council of Ministers.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 2 June 1998.
ALBERT
By the King:
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
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Note
(1) Regular session 1996-1997.
House of Representatives.
Parliamentary documents. - Proposal by Mr. Duquesne, No. 1198/1. - Amendments, No. 1198/2-7 - Report by Mr. Willems, No. 1198/8. - Text adopted by the Commission, No. 1198/9. - Text adopted in plenary and transmitted to the Senate, No. 1198/10.
Annales parliamentarians. - Discussion. Meeting of 22 April 1998. - Adoption. Meeting of 28 April 1998.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 1-965/1-1997-1998. Project not referred to by the Senate, No. 1-965/2-1997-1998.