E/CN.4/1995/91
page 117
(d)
Places of worship
(i)
The concept of the "fixed place"
Article 2 of Decree No. 145 specifies what places are places of worship
but does not define the concept of a "fixed place". The Special Rapporteur
asked for more detailed information on this concept and, in particular, asked
whether a home could be considered to be a place of worship. The authorities
stated a religion could be practised in the workplace or at home and that,
where the construction of a place of worship was impossible, a home could be a
place of regular practice under a temporary registration. It was also
explained that cases of this kind were few inasmuch as places of worship were
being constructed rapidly. It was also explained that such cases occurred
mainly within the Protestant religion, which had meeting-places which could be
registered if it was established that they complied with the provisions of the
decrees in force. Non-governmental representatives stated that prayers were
forbidden during work because they infringed the rights of non-believers.
(ii)
Criteria for registration and appeals
The Special Rapporteur asked what were the criteria for registration of
places of worship. The authorities gave the following criteria: official
name; a fixed place; a certain number of worshippers; sufficiently qualified
clergy; income or receipts in accordance with the law; and regulations. Once
all those criteria were met, a request for registration could be submitted to
the Government. Regarding the criterion of the number of worshippers, the
authorities stated that there were no precise limits and that the number of
worshippers could exceed 20 or 30. As for the criterion of qualification of
the clergy, the authorities stated that clergy must have a minimum standard of
religious knowledge.
The authorities stated that, in the event of refusal of registration,
appeals could be addressed to a higher administrative body or to a court of
law if the application for registration was rejected notwithstanding the fact
that all the requisite conditions were met.
(e)
Gifts and voluntary work
The authorities stated that gifts and voluntary work were possible so
long as they were not compulsory in any way. It was also stated that
voluntary gifts from foreigners were authorized (examples were quoted of gifts
from the United Arab Emirates and the Development Bank); that certain
conditions had to be met; and that the rules concerning gifts from foreigners
were the same for every religion.
(f)
The Penal Code, the new Act and the draft bill
(i)
Penal Code
Several of the persons met stressed the importance of article 147 of the
Penal Code (which provides for penalties in respect of all infringements of
freedom of religion by State officials), since in their view the principal