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three provinces or districts of the national territory; (b) represent
either a church or an official denomination of a State that maintains
diplomatic relations with the Argentine Republic or the delegation in
Argentina of a patriarchate headquartered abroad; (c) show proof of a
secular presence in the country; or (d) show proof of a minimum number of
adherents, equivalent to 10 per cent of the total population of the
province or provinces in which it is active.
This represents a significant change to the existing regime, in
that it is not intended that different entities which are part of the
same group should be listed in the proposed registry. Article 8,
paragraph 6, expressly states that ’associations or entities which are
not of a strictly religious nature and cultural, educational, service or
aid entities - even if the latter are founded on the basis of their
members, religious affinities, or in order to publish or disseminate
religious opinions - are not listed in the registry, without prejudice to
the right of the churches or denominations which do list themselves in
the registry to organize, create or run such associations’.
According to article 8, paragraph 7, the listing may be cancelled
only at the request of the party concerned, in accordance with a decision
by the court or the administration following an investigation in which
the rights of the defence are guaranteed. Along the same lines, if the
seriousness of the offence does not justify cancelling the listing, then
the supervising authority may impose penalties (a warning or suspension
of the listing), which derive from the same administrative investigation.
The optional nature of the listing clearly reflects a certain
generosity of spirit which goes hand in hand with religious freedom, but
being listed in the registry also means a number of advantages for
churches, religious communities or denominations, as stated in article 9,
including tax advantages and exemptions authorized by law, the status of
a public-interest establishment, immunity from seizure and inalienability
of religious premises and objects. Article 10 grants regulatory autonomy
to the denominations which have listed themselves.
The criterion of the denomination’s presence in the country, which
was mentioned in connection with article 8, paragraph 1, is to be found
in article 1, according to which the Executive has discretionary power to
conclude cooperation agreements with denominations which are listed in
the registry and which, by virtue of their presence throughout the world,
their traditional activities in the country, the stability of their
beliefs and the number of their members, offer guarantees of permanence
in the country’, it being understood that the Legislature must approve
those agreements if they are not solely within the competence of the
Executive.
Chapter IV of the draft law concerns the establishment of a
consultative council for religious questions, which is part of the
Ministry of Foreign Affairs and Worship is honorary in nature and the
membership of which is as faithful a reflection as possible of the
religious spectrum in the country. It has advisory functions with the
State and individuals and is called on to take part in the drafting or