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

Select target paragraph3